Tuesday, September 21, 2010

Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System

[Federal Register: September 20, 2010 (Volume 75, Number 181)]
[Notices][Page 57261-57262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se10-30]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2010-0066]

Request for Comments on Incentivizing Humanitarian Technologies
and Licensing Through the Intellectual Property System

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr20se10-30

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SUMMARY: The United States Patent and Trademark Office (USPTO) is considering pro-business strategies for incentivizing the development and widespread distribution of technologies that address humanitarian needs. One proposal being considered is a fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs. Because patents under reexamination are often the most commercially significant patents, a fast-track reexamination proceeding would allow patent owners to more readily and less expensively affirm the validity of their patents. Therefore, the opportunity to utilize a voucher for a fast-track reexamination proceeding could provide a valuable incentive for entities to pursue humanitarian technologies or licensing. The USPTO is requesting comments from the public regarding this proposal as well as other incentive proposals set forth in this notice.

DATES: Comment Deadline Date: To be ensured of consideration, written comments must be received on or before November 19, 2010. No public hearing will be held.

Thursday, September 16, 2010

Patent Examiner Technical Training Program

[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Notices][Page 56059-56061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se10-47]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2010-0061]
Patent Examiner Technical Training Program
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr15se10-47
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SUMMARY: The United States Patent and Trademark Office (USPTO) is seeking public assistance in providing technical training to patent examiners within all technology centers. The Patent Examiner Technical Training Program (PETTP) is intended to provide scientists and experts as lecturers to patent examiners in order to update them on technical developments, the state of the art, emerging trends, maturing technologies, and recent innovations in their fields. Such guest lecturers must have relevant technical knowledge, as well as familiarity with prior art and industry practices/standards in areas of technology where such lectures would be beneficial.

DATES: Effective Date: September 15, 2010.

FOR FURTHER INFORMATION CONTACT: Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, at (571) 272-7728.

Wynn Coggins, Director of Technology Center (TC) 3600, available at (571) 272-5350, will provide oversight of the Patent Examiner Technical Training Program.

Wednesday, September 1, 2010

Developments in the Obviousness Inquiry After KSR v.Teleflex

[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Notices][Page 53643-53660][DOCID:fr01se10-31]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office

Examination Guidelines Update: Developments in the Obviousness
Inquiry After KSR v.Teleflex

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01se10-31
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SUMMARY: The United States Patent and Trademark Office (USPTO or Office) is issuing an update (2010 KSR Guidelines Update) to its obviousness guidelines for its personnel to be used when applying the law of obviousness under [[Page 53644]] 35 U.S.C. 103. This 2010 KSR Guidelines Update highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007 decision by the United States Supreme Court (Supreme Court) in KSR Int'l Co. v. Teleflex Inc. These guidelines are intended to be used by Office personnel in conjunction with the guidance in the Manual of Patent Examining Procedure when applying the law of obviousness under 35 U.S.C. 103. Members of the public are invited to provide comments on the 2010 KSR Guidelines Update. The Office is especially interested in receiving suggestions of recent decisional law in the field of obviousness that would have particular value as teaching tools.
DATES: Effective Date: This 2010 KSR Guidelines Update is effective
September 1, 2010.

Pilot Program - 12 Month Extension to Nonprovisional Missing Parts

[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Notices][Page 53631-53632][DOCID:fr01se10-22]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office

Missing Parts Practice

ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01se10-22

SUPPLEMENTARY INFORMATION:

I. Abstract
In response to a number of requests to reduce the costs due one year after filing a provisional application, the USPTO published a Federal Register notice titled ``Request for Comments on Proposed Change to Missing Parts Practice'' proposing a change that would provide applicants with an extended time period to reply to a Notice to File Missing Parts requiring certain fees in a nonprovisional application if certain conditions were met. Based on public feedback, the USPTO is implementing an extended missing parts pilot program which will permit applicants to request a 12-month time period to reply to a Notice to File Missing Parts of Nonprovisional Application to pay certain fees. The pilot program would be scheduled to run for one year.
The extended missing parts pilot program is expected to benefit applicants by permitting additional time to determine if patent protection should be sought at a relatively low cost and by permitting applicants to focus efforts on commercialization during this period.
The extended missing parts pilot program is also expected to benefit the USPTO and the public by adding publications to the body of prior art, and by removing from the USPTO's workload those nonprovisional applications for which the applicants will later decide not to pursue examination.
There is one form associated with this collection of information. The USPTO has created PTO/SB/421, Request for Extended Missing Parts Pilot Program, for applicants to request participation in the program.