Inter Partes Review Technical Corrections

From the Federal Register, March 25, 2013:

SUMMARY: The United States Patent and Trademark Office (Office or USPTO) is revising the rules of practice to implement the changes with respect to inter partes review that are set forth in section 1(d) of the Act to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code (``AIA Technical Corrections Act''). Consistent with the statutory changes, this final rule eliminates the nine-month ``dead zone'' for filing an inter partes review petition challenging a first-to-invent patent or reissue patent. Under the final rule, a petitioner may file an inter partes review petition challenging a first-to-invent patent or reissue patent upon issuance, including during the first nine months after issuance.

DATES: Effective Date: March 25, 2013.

To read the complete text of this final rule, see http://www.gpo.gov/fdsys/pkg/FR-2013-03-25/html/2013-06768.htm

Comment Period Extended - Patent Application Preparation

SUMMARY: The United States Patent and Trademark Office (USPTO) published a request for comments on the preparation of patent applications, seeking input on potential practices that applicants can employ at the drafting stage of a patent application in order to facilitate examination and bring more certainty to the scope of issued patents. The USPTO has received several requests for additional time to submit comments on the preparation of patent applications. Accordingly, the USPTO is extending the comment period to provide interested members of the public with additional time to submit comments to the USPTO.

DATES: Comment Deadline Date: To be assured of consideration, written comments must be received on or before April 15, 2013.

For complete information see http://www.gpo.gov/fdsys/pkg/FR-2013-03-15/html/2013-06013.htm

Comment Period Extended - Software Patents Enchanced Quality

SUMMARY: The United States Patent and Trademark Office (USPTO) published a notice announcing the formation of a partnership with the software community to enhance the quality of software-related patents(Software Partnership), and a request for comments on the preparation of patent applications, seeking input on potential practices for preparing patent applications. The USPTO also conducted two roundtables to obtain public input from organizations and individuals on topics relating to the quality of software-related patents and the preparation of software-related patent applications including: establishing clear boundaries for claims that use functional language; identifying additional topics for future discussion by the Software Partnership; and potential practices that applicants can employ at the drafting stage of a patent application in order to facilitate examination and bring more certainty to the scope of issued patents. The USPTO has received several requests for additional time to submit comments in response to the notice. Accordingly, the USPTO is extending the comment period to provide interested members of the public with additional time to submit comments to the USPTO.

DATES: Comment Deadline Date: To be assured of consideration, written comments must be received on or before April 15, 2013.

For complete information see the March 15, 2013 Federal Register Notice at http://www.gpo.gov/fdsys/pkg/FR-2013-03-15/html/2013-06014.htm

Changes to Implement First Inventor to File

The final rule published in the Federal Register on February 14, 2013 discussing the revised rules of practice for the first inventor to file provisions was missing text about claims for priority regarding a foreign application filed under the Patent Cooperation Treaty (PCT). See this new final rule at http://www.gpo.gov/fdsys/pkg/FR-2013-03-14/html/2013-05815.htm to read the missing text.

First-Inventor-to-File, Micro Entity, and Patent Fee Public Forum Agenda

The United States Patent and Trademark Office (USPTO) will be providing public training on the first-to-file rules and examination guidelines of the Leahy-Smith America Invents Act (AIA). The public training session will be held on Friday March 15, 2013 at the USPTO Headquarters in Alexandria, Virginia from 1:00pm-4:00pm Eastern Daylight Time (noon-3:00pm Central). The training session will be webcast. Below are the instructions for the forum agenda and webcast access which are also available on the AIA micro-site at www.uspto.gov/AmericaInventsAct.

• First-Inventor-to-File, Micro Entity, and Patent Fee Public Forum Agenda
• WebEx Webinar Access Information
• Event number: 996 254 133
• Event password: 123456
• Event address for attendees: https://uspto-events.webex.com/uspto-events/onstage/g.php?d=996254133&t=a
• Download the Power Point Presentation at http://www.uspto.gov/aia_implementation/FITF_Public_Training_2013mar12.pptx

The first-inventor-to-file final rules and guidance become effective on March 16, 2013, and the micro entity and patent fee final rules become effective on March 19, 2013.

For a discussion of micro entity fees, see the Feb. 2013 edition of the USPTO's Inventors Eye.

Innovation Videos

The USPTO, the National Science Foundation, and NBC Learn have collaborated to create a new series called the Science of Innovation. Topics include:

• 3-D Printing
• Smart Concrete
• Self-driving Cars
• Electronic Tattoos
• Fuel Cell Efficiency
• Biometrics
• Biofuels
• Anti-Counterfeiting Devices
• Synthetic Diamonds
• Bionic Limbs
• Innovation

You can also find the link on Fondren's Patent Inventor Resources and Training page under USPTO Online Training.

Time Extended for Commenting on a Patent Small Claims Proceeding

On December 18, 2012, the USPTO published a request for comments on a patent small claims proceeding. The notice invited the public to submit written comments on or before March 18,2013. The USPTO is now extending the period for submission of public comments until April 30, 2013. For more information access the Federal Register Notice at http://www.gpo.gov/fdsys/pkg/FR-2013-03-06/html/2013-05162.htm .

The original comment request of Dec. 18, 2012 is available at http://www.gpo.gov/fdsys/pkg/FR-2012-12-18/html/2012-30483.htm.