Monday, December 19, 2011

Extended Missing Parts Pilot Program

[Federal Register Volume 76, Number 242 (Friday, December 16, 2011)]
[Notices][Pages 78246-78247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32330]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2011-0076]

Extension of the Extended Missing Parts Pilot Program

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.

For the full text of this notice access http://www.gpo.gov/fdsys/pkg/FR-2011-12-16/html/2011-32330.htm
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SUMMARY: The United States Patent and Trademark Office (USPTO) implemented a pilot program (Extended Missing Parts Pilot Program) in which an applicant, under certain conditions, can request a twelve-month time period to pay the search fee, the examination fee, any excess claim fees, and the surcharge (for the late submission of the search fee and the examination fee) in a nonprovisional application. The Extended Missing Parts Pilot Program benefits 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 benefits 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 applicants later decide not to pursue examination. The USPTO is extending the Extended Missing Parts Pilot Program until December 31, 2012, to better gauge whether the Extended Missing Parts Program offers sufficient benefits to the patent community for it to be made permanent.

DATES: Effective Date: December 16, 2011.
Duration: The Extended Missing Parts Pilot Program will run through December 31, 2012. Therefore, any certification and request to participate in the Extended Missing Parts Pilot Program must be filed before December 31, 2012. The USPTO may further extend the pilot program (with or without modifications) depending on the feedback received and the continued effectiveness of the pilot program.

FOR FURTHER INFORMATION CONTACT: Eugenia A. Jones, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at (571) 272-7727, or by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Eugenia A. Jones. Inquiries regarding this notice may be directed to the Office of Patent Legal Administration, by telephone at (571) 272-7701, or by electronic mail at PatentPractice@uspto.gov.

Friday, December 16, 2011

Green Technology Pilot Program Extended; Patent Application Backlog Reduction Stimulus Plan Ended

[Federal Register Volume 76, Number 241 (Thursday, December 15, 2011)]
[Notices][Pages 77979-77980]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32115]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2011-0078]

Sunset of the Patent Application Backlog Reduction Stimulus Plan and a Limited Extension of the Green Technology Pilot Program

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To see the complete text of this notice access http://www.gpo.gov/fdsys/pkg/FR-2011-12-15/html/2011-32115.htm
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SUMMARY: The United States Patent and Trademark Office (Office) has provided two procedures under which an applicant may have an application accorded special status for examination. The Patent Application Backlog Reduction Stimulus Plan is available if the applicant expressly abandons another copending unexamined [[Page 77980]]application. The Green Technology Pilot Program is available to patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction. In view of the trend in filings under the Patent Application Backlog Reduction Stimulus Plan, this plan has fulfilled its purpose and will not be extended. In view of the success of the Green Technology Pilot Program, this plan will be extended until 500 additional applications have been accorded special status under this program or until March 30, 2012, whichever occurs earlier. Following the expiration of this extension, the program will be eliminated, and applicants may instead use the newly enacted Prioritized Examination (Track I) program. The Track I program not only provides advancement of examination, but sets a target of reaching final disposition within 12 months from the time advancement is initiated. Furthermore, the advancement in the Track I program is available to all technologies and is not restricted to certain categories of invention as in the Pilot Program.

DATES: Effective Date: December 15, 2011. The Patent Application Backlog Reduction Stimulus Plan became effective on November 27, 2009, was modified on June 24, 2010, and was extended on November 22, 2010.

The Green Technology Pilot Program became effective on December 8, 2009, was modified to eliminate the classification requirement on May 21, 2010, and was extended on November 10, 2010.

FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer or Michael Cygan, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at (571) 272-7726 or (571) 272-7700; or by mail addressed to: Mail Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Friday, December 2, 2011

Revision of Patent Term Adjustment Provisions Relating to Information Disclosure Statements

DEPARTMENT OF COMMERCE Patent and Trademark Office
37 CFR Part 1 [Docket No. PTO-P-2011-0014] RIN 0651-AC56

Revision of Patent Term Adjustment Provisions Relating to Information Disclosure Statements

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
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To see the complete text of this rule access http://www.gpo.gov/fdsys/pkg/FR-2011-12-01/html/2011-30933.htm

SUMMARY: The United States Patent and Trademark Office (Office) is revising the patent term adjustment provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) provide 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 revising 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 in a counterpart application that are promptly filed with the Office. The rule change allows the diligent applicant to avoid patent term adjustment reduction for an IDS submission that results from a communication from the Office. Presently, the rule only provides relief if the IDS was cited as a result of a communication from a foreign patent office. Under this final rule, there will be no 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. The above changes are intended to ensure compliance with AIPA in light of the evolving case law.

DATES: Effective Date: December 1, 2011.