Public Meeting About Streamlined Patent Reexamination

[Federal Register: April 25, 2011 (Volume 76, Number 79)]
[Proposed Rules][Page 22854-22861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap11-23]

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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Chapter I
[Docket No.: PTO-P-2011-0018]

Streamlined Patent Reexamination Proceedings; Notice of Public Meeting

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of public meeting; request for comments.

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SUMMARY: This document announces a public meeting to solicit public opinions on a number of changes being considered by the United States Patent and Trademark Office (USPTO) to streamline the procedures governing ex parte and inter partes reexamination proceedings. These changes are intended to achieve faster, more efficient resolution of the substantial new question of patentability (SNQ) for which reexamination is ordered. The proposed changes in this document are divided into three categories: changes to both ex parte and inter partes reexaminations, changes specific to ex parte reexamination, and changes specific to inter partes reexamination. After soliciting public opinions regarding this document, the USPTO may seek to adopt one or more of the proposed changes or a modified version thereof, or other changes suggested by the public, through a rule making or through internal operational changes as appropriate.

DATES: The public meeting will be held on June 1, 2011, beginning at 1:30 p.m.
Persons interested in attending the meeting must register by 5 p.m., Eastern Standard Time (EST), on May 25, 2011.
Written comments must be submitted by June 29, 2011.
ADDRESSES: The public meeting will be held at the USPTO, in the South Auditorium of Madison West, 600 Dulany Street, Alexandria, VA 22314.

Written comments should be sent by electronic mail message over the Internet addressed to reexamimprovementcomments@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Kenneth M. Schor. Although comments may be submitted by mail, submission via e-mail to the above address is preferable.

The written comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included.

For Registration to Give a Presentation at the Meeting: If you wish to make an oral presentation at the meeting, you must register by sending an e-mail to reexamimprovementcomments@uspto.gov, by 5 p.m. EST, on May 11, 2011. See the registration information provided below.

To view the full text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr25ap11-23 .

Nominations for Patent and Trademark Advisory Committees

[Federal Register: April 14, 2011 (Volume 76, Number 72)]
[Notices][Page 20960-20961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap11-48]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office[Docket No. PTO-C-2011-0022]
Public Advisory Committees

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice and request for nominations.
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SUMMARY: On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ``Act''), Public Law 106-113,which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters (now codified at 35 U.S.C. 5). The USPTO is requesting nominations for three (3) members to each Public Advisory Committee for terms of three years that begin at the expiration of the predecessors' terms, or on October 6, 2011.

DATES: Nominations must be postmarked or electronically transmitted on or before May 20, 2011.

ADDRESSES: Persons wishing to submit nominations should send the nominee's resum[eacute] to Chief of Staff, Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450; by electronic mail to: PPACnominations@uspto.gov for the Patent Public Advisory Committee or TPACnominations@uspto.gov for the Trademark Patent Public Advisory Committee; by facsimile transmission marked to the Chief of Staff's attention at (571) 273-0464, or by mail marked to the Chief of Staff's attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450.

FOR FURTHER INFORMATION CONTACT: Andrew H. Hirshfeld, Chief of Staff, by facsimile transmission marked to his attention at (571) 273-0464, or by mail marked to his attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450.

To see the full text of this request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr14ap11-48.

Exhibit at Smithsonian Spotlights American Innovation

According to a USPTO press release, the Smithsonian American Art Museum will host a special exhibit July 15, 2011 - Jan. 8, 2012 spotlighting American innovation. Entitled The Great American Hall of Wonders, the exhibit includes "works of art, mechanical inventions, and scientific discoveries."

The United States Patent and Trademark Office (USPTO)and the museum have also developed educational outreach programs in conjuction with the exhibit. The programs include "webcast public lectures, an inventors’ symposium and clinic, and hands-on activities for children and families, as well as outreach to schools and professional development workshops for educators."

Revision of Patent Term Extension and Adjustment Provisions

[Federal Register: April 6, 2011 (Volume 76, Number 66)]
[Proposed Rules][Page 18990-18995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap11-25]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1 [Docket No.: PTO-P-2011-0014] RIN 0651-AC56

Revision of Patent Term Extension and Adjustment Provisions Relating to Appellate Review and Information Disclosure Statements

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: The United States Patent and Trademark Office (Office) is proposing to revise the patent term adjustment and extension provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) and the patent term extension provisions of the Uruguay Round Agreements Act (URAA) each provide for patent term extension or adjustment if the issuance of the patent was delayed due to appellate review by the Board of Patent Appeals and Interferences (BPAI) or by a Federal court and the patent was issued pursuant to or under a decision in the review reversing an adverse determination of patentability. The Office is proposing to change the rules of practice to indicate that in most circumstances an examiner reopening prosecution of the application after a notice of appeal has been filed will be considered a decision in the review reversing an adverse determination of patentability for purposes of patent term adjustment or extension purposes. Therefore, in such situations, patentees would be entitled to patent term extension or adjustment. In addition, the AIPA provides for a reduction of any patent term adjustment if the applicant failed to engage in reasonable efforts to conclude prosecution of the application. The Office is also proposing to change the rules of practice pertaining to the reduction of patent term adjustment for applicant delays to exclude information disclosure statements resulting from the citation of information by a foreign patent office in a counterpart
[[Page 18991]]
application that are promptly filed with the Office. For example, under the proposed rule, there would not be a reduction of patent term adjustment in the following situations: When applicant promptly submits a reference in an information disclosure statement after the mailing of a notice of allowance if the reference was cited by the Office in another application, or when applicant promptly submits a copy of an Office communication (e.g., an Office action) in an information disclosure statement after the mailing of a notice of allowance if the Office communication was issued by the Office in another application or by a foreign patent office in a counterpart foreign application.

DATES: Written comments must be received on or before May 6, 2011. No public hearing will be held.

To see the full text of this proposed rule, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr06ap11-25.

Prioritized Examination

[Federal Register: April 4, 2011 (Volume 76, Number 64)]
[Rules and Regulations][Page 18399-18407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap11-20]

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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No.: PTO-P-2010-0092]RIN 0651-AC52

Changes To Implement the Prioritized Examination Track (Track I)
of the Enhanced Examination Timing Control Procedures

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
[[Page 18400]]
SUMMARY: The United States Patent and Trademark Office (Office) is revising the rules of practice in patent cases to implement a procedure under which applicants may request prioritized examination at the time of filing of an application upon payment of appropriate fees and compliance with certain requirements. In June of 2010, the Office requested comments on a proposal to provide applicants with greater control over when their utility and plant applications are examined and to promote greater efficiency in the patent examination process (3-Track). The Office, in addition to requesting written comments, conducted a public meeting to collect input from the public. The vast majority of public comments and input that the Office received were supportive of the prioritized examination track (Track I) portion of the 3-Track proposal. While the Office is in the process of considering and revising the other portions of the 3-Track proposal in view of the public comments and input, the Office wishes to implement the prioritized examination track (Track I) now to provide the procedure for prioritized examination to applicants as quickly as possible. In February of 2011, the Office published a notice of proposed rule making to set forth the proposed procedure for prioritized examination and to seek public comments on the proposed procedure. The Office considered the public comments and revised the proposed procedure in view of the public comments. The Office, in this final rule, is revising the rules of practice to implement the optional procedure for prioritized examination. The aggregate goal for processing applications under prioritized examination is to provide a final disposition within twelve months of prioritized status being granted. The Office is initially limiting requests for prioritized examination to a maximum of 10,000 applications during the remainder of fiscal year 2011.

DATES: Effective Date: The changes set forth in this rule are effective May 4, 2011. Applicability date: A request for prioritized examination may be submitted with any original utility or plant application filed on or after May 4, 2011.

To see the full text of this final rule, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr04ap11-20.