[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Proposed Rules][Pages 7041-7060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-2534]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42 [Docket No. PTO-P-2011-0083] RIN 0651-AC71
Changes to Implement Inter Partes Review Proceedings
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
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SUPPLEMENTARY INFORMATION: On September 16, 2011, the Leahy-Smith America Invents Act was enacted into law (Pub. L. 112-29, 125 Stat. 284 (2011)). The purpose of the Leahy-Smith America Invents Act and these proposed regulations is to establish a = more efficient and streamlined patent system that will improve patent quality and limit unnecessary and counterproductive litigation costs. The preamble of this notice sets forth in detail the procedures by which the Board will conduct inter partes review proceedings. The USPTO is engaged in a transparent process to create a timely, cost-effective alternative to litigation. Moreover, the rulemaking process is designed to ensure the integrity of the trial procedures. See 35 U.S.C. 316(b), as amended. The proposed rules would provide a set of rules relating to Board trial practice for inter partes review...
Section 6(a) of the Leahy-Smith America Invents Act amends 35 U.S.C. 311, entitled ``Inter partes review.'' 35 U.S.C. 311(a), as amended, will provide that, subject to the provisions of chapter 31 of title 35, United States Code, a person who is not the owner of a patent may file a petition with the Office to institute an inter partes review of the patent. 35 U.S.C. 311(a), as amended, will also provide that the Director will establish, by regulation, fees to be paid by the person requesting the review, in such amounts as the Director determines to be reasonable, considering the aggregate costs of the review. 35 U.S.C. 311(b), as amended, will provide that a petitioner in an inter partes review may request to cancel as unpatentable one or more claims of a patent only on a ground that could be raised under 35 U.S.C. 102 or 103 and only on the basis of prior art consisting of patents or printed publications. 35 U.S.C. 311(c), as amended, will provide that a petition for inter partes review may be filed after the later of either: (1) the date that is nine months after the grant of a patent or issuance of a reissue of a patent; or (2) if a post-grant review is instituted under chapter 32 of title 35, United States Code, the dateof the termination of that post-grant review.
The grounds for seeking an inter partes review will be limited compared with post-grant review. The grounds for seeking inter partes review are limited to issues raised under 35 U.S.C. 102 or 103 and only on the basis of prior art consisting of patents or printed publications...
For the full text of this proposed rule, access http://www.gpo.gov/fdsys/pkg/FR-2012-02-10/html/2012-2534.htm
Friday, February 10, 2012
New Rules for Business Method Patents
[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Proposed Rules] [Pages 7080-7095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-2532]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42 [Docket No. PTO-P-2011-0085] RIN 0651-AC73
Changes To Implement Transitional Program for Covered Business Method Patents
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The United States Patent and Trademark Office (Office or USPTO) proposes new rules to implement the provisions of the Leahy-Smith America Invents Act that create a new transitional post-grant review proceeding for covered business method patents to be conducted before the Patent Trial and Appeal Board (Board). These provisions of the Leahy-Smith America Invents Act will take effect on September 16, 2012, one year after the date of enactment. These provisions and any regulations issued under these provisions will be repealed on September 16, 2020, with respect to any new petitions under the transitional program.
For the complete text of this proposed rule, access http://www.gpo.gov/fdsys/pkg/FR-2012-02-10/html/2012-2532.htm
[Proposed Rules] [Pages 7080-7095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-2532]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42 [Docket No. PTO-P-2011-0085] RIN 0651-AC73
Changes To Implement Transitional Program for Covered Business Method Patents
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The United States Patent and Trademark Office (Office or USPTO) proposes new rules to implement the provisions of the Leahy-Smith America Invents Act that create a new transitional post-grant review proceeding for covered business method patents to be conducted before the Patent Trial and Appeal Board (Board). These provisions of the Leahy-Smith America Invents Act will take effect on September 16, 2012, one year after the date of enactment. These provisions and any regulations issued under these provisions will be repealed on September 16, 2020, with respect to any new petitions under the transitional program.
For the complete text of this proposed rule, access http://www.gpo.gov/fdsys/pkg/FR-2012-02-10/html/2012-2532.htm
New Rules for Post-Grant Review
[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Proposed Rules][Pages 7060-7080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-2529]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42 [Docket No. PTO-P-2011-0084] RIN 0651-AC72
Changes To Implement Post-Grant Review Proceedings
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
SUMMARY: The United States Patent and Trademark Office (Office or USPTO) proposes new rules to implement the provisions of the Leahy-Smith America Invents Act that create a new post-grant review proceeding to be conducted before the Patent Trial and Appeal Board (Board). These provisions of the Leahy-Smith America Invents Act will take effect on September 16, 2012, one year after the date of enactment, and generally apply to patents issuing from applications subject to first-inventor to-file provisions of the Leahy-Smith America Invents Act.
For the full text of this proposed rule, access http://www.gpo.gov/fdsys/pkg/FR-2012-02-10/html/2012-2529.htm
[Proposed Rules][Pages 7060-7080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-2529]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42 [Docket No. PTO-P-2011-0084] RIN 0651-AC72
Changes To Implement Post-Grant Review Proceedings
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
SUMMARY: The United States Patent and Trademark Office (Office or USPTO) proposes new rules to implement the provisions of the Leahy-Smith America Invents Act that create a new post-grant review proceeding to be conducted before the Patent Trial and Appeal Board (Board). These provisions of the Leahy-Smith America Invents Act will take effect on September 16, 2012, one year after the date of enactment, and generally apply to patents issuing from applications subject to first-inventor to-file provisions of the Leahy-Smith America Invents Act.
For the full text of this proposed rule, access http://www.gpo.gov/fdsys/pkg/FR-2012-02-10/html/2012-2529.htm
Changes To Implement Derivation Proceedings (True Inventor)
[Federal Register Volume 77, Number 28 (Friday, February 10, 2012)]
[Proposed Rules][Pages 7028-7041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-2535]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42 [Docket No. PTO-P-2011-0086] RIN 0651-AC74
Changes To Implement Derivation Proceedings
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
SUPPLEMENTARY INFORMATION: On September 16, 2011, the Leahy-Smith America Invents Act was enacted into law (Pub. L. 112-29, 125 Stat. 284 (2011)). The purpose of the Leahy-Smith America Invents Act and these proposed regulations is to establish a more efficient and streamlined patent system. The preamble of this notice sets forth in detail the procedures by which the Board will conduct a new administrative proceeding called a derivation proceeding. Derivation proceedings were created to ensure that the first person to file the application is actually a true inventor. This new proceeding will ensure that a person will not be able to obtain a patent for the invention that he did not actually invent. If a dispute arises as to which of two applicants is a true inventor (as opposed to who invented it first), it will be resolved through derivation proceeding by the Board. The USPTO is engaged in a transparent process to create the procedures for derivation proceedings. The proposed rules would provide a set of rules relating to Board trial practice for derivation proceedings...
For the full text of this proposed rule, access http://www.gpo.gov/fdsys/pkg/FR-2012-02-10/html/2012-2535.htm
[Proposed Rules][Pages 7028-7041]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-2535]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42 [Docket No. PTO-P-2011-0086] RIN 0651-AC74
Changes To Implement Derivation Proceedings
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
SUPPLEMENTARY INFORMATION: On September 16, 2011, the Leahy-Smith America Invents Act was enacted into law (Pub. L. 112-29, 125 Stat. 284 (2011)). The purpose of the Leahy-Smith America Invents Act and these proposed regulations is to establish a more efficient and streamlined patent system. The preamble of this notice sets forth in detail the procedures by which the Board will conduct a new administrative proceeding called a derivation proceeding. Derivation proceedings were created to ensure that the first person to file the application is actually a true inventor. This new proceeding will ensure that a person will not be able to obtain a patent for the invention that he did not actually invent. If a dispute arises as to which of two applicants is a true inventor (as opposed to who invented it first), it will be resolved through derivation proceeding by the Board. The USPTO is engaged in a transparent process to create the procedures for derivation proceedings. The proposed rules would provide a set of rules relating to Board trial practice for derivation proceedings...
For the full text of this proposed rule, access http://www.gpo.gov/fdsys/pkg/FR-2012-02-10/html/2012-2535.htm
Thursday, February 9, 2012
Proposed Rules of Practice for Patent Trials
[Federal Register Volume 77, Number 27 (Thursday, February 9, 2012)]
[Proposed Rules][Pages 6879-6914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2525]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 42 and 90
[Docket No. PTO-P-2011-0082]
RIN 0651-AC70
Rules of Practice for Trials Before the Patent Trial and Appeal
Board and Judicial Review of Patent Trial and Appeal Board Decisions
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
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For the full text of this notice access http://www.gpo.gov/fdsys/pkg/FR-2012-02-09/html/2012-2525.htm
SUMMARY: The United States Patent and Trademark Office (Office or USPTO) proposes new rules of practice to implement the provisions of the Leahy-Smith America Invents Act that provide for trials before the Patent Trial and Appeal Board (Board). The proposed rules would provide a consolidated set of rules relating to Board trial practice for inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings. The proposed rules would also provide a consolidated set of rules to implement the provisions of the Leahy-Smith America Invents Act related to seeking judicial review of Board decisions.
[Proposed Rules][Pages 6879-6914]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2525]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 42 and 90
[Docket No. PTO-P-2011-0082]
RIN 0651-AC70
Rules of Practice for Trials Before the Patent Trial and Appeal
Board and Judicial Review of Patent Trial and Appeal Board Decisions
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
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For the full text of this notice access http://www.gpo.gov/fdsys/pkg/FR-2012-02-09/html/2012-2525.htm
SUMMARY: The United States Patent and Trademark Office (Office or USPTO) proposes new rules of practice to implement the provisions of the Leahy-Smith America Invents Act that provide for trials before the Patent Trial and Appeal Board (Board). The proposed rules would provide a consolidated set of rules relating to Board trial practice for inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings. The proposed rules would also provide a consolidated set of rules to implement the provisions of the Leahy-Smith America Invents Act related to seeking judicial review of Board decisions.
Practice Guide: Proposed Rules for Trials Before the Appeals Boards
[Federal Register Volume 77, Number 27
(Thursday, February 9, 2012)][Proposed Rules][Pages 6868-6879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-2523][[Page 6867]] Vol. 77 Thursday, No. 27 February 9, 2012 Part II
Department of Commerce Patent and Trademark Office
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37 CFR Parts 42 and 90
Practice Guide for Proposed Trial Rules and Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions; Proposed Rules
To see the complete text of this comment request, access
http://www.gpo.gov/fdsys/pkg/FR-2012-02-09/pdf/2012-2523.pdf#page=1
SUMMARY: The Leahy-Smith America Invents Act establishes several new trial proceedings to be conducted by the Patent Trial and Appeal Board (Board) including inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings. The Leahy-Smith America Invents Act also requires the United States Patent and Trademark Office (Office or USPTO) to promulgate rules specific to each proceeding. In separate rulemakings elsewhere in this issue and in the February 10, 2012, issue of the Federal Register, the Office proposes rules relating to Board trial practice for the new proceedings. The Office publishes in this document a practice guide for the proposed trial rules to advise the public on the general framework of the proposed regulations, including the structure and times for taking action in each of the new
proceedings.
DATES: Written comments must be received on or before April 9, 2012 to ensure consideration.
(Thursday, February 9, 2012)][Proposed Rules][Pages 6868-6879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2012-2523][[Page 6867]] Vol. 77 Thursday, No. 27 February 9, 2012 Part II
Department of Commerce Patent and Trademark Office
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37 CFR Parts 42 and 90
Practice Guide for Proposed Trial Rules and Rules of Practice for Trials Before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions; Proposed Rules
To see the complete text of this comment request, access
http://www.gpo.gov/fdsys/pkg/FR-2012-02-09/pdf/2012-2523.pdf#page=1
SUMMARY: The Leahy-Smith America Invents Act establishes several new trial proceedings to be conducted by the Patent Trial and Appeal Board (Board) including inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings. The Leahy-Smith America Invents Act also requires the United States Patent and Trademark Office (Office or USPTO) to promulgate rules specific to each proceeding. In separate rulemakings elsewhere in this issue and in the February 10, 2012, issue of the Federal Register, the Office proposes rules relating to Board trial practice for the new proceedings. The Office publishes in this document a practice guide for the proposed trial rules to advise the public on the general framework of the proposed regulations, including the structure and times for taking action in each of the new
proceedings.
DATES: Written comments must be received on or before April 9, 2012 to ensure consideration.
Tuesday, February 7, 2012
Trademark Identification of Goods and Services Roundtable
On February 24 from 2:00-3:30 p.m. the USPTO will host a roundtable open to the public on USPTO’s trademark practice regarding identification of goods and services. The roundtable will be held in Madison Auditorium (South) at the USPTO campus in Alexandria, VA. The session will also be webcast. See the roundtable information page for more information and for instructions about accessing the webcast.
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