Santa Patents

US Design Patent D680465

Santa Claus is a popular topic for patents. Aside from the design patents using various images of Santa like a chocolate Santa (USD644410 issued Sep 6, 2011 or a Santa on skis (USDesign155477 issued on Oct. 11, 1949), you can find a Santa Claus detector shaped like a stocking (US5523741 issued June 4 1996), a kit for creating an illusion of a Santa visit (US7258592 issued Aug. 21, 2007), a Santa that disappears in a chimney (US3159935 issued Dec. 8, 1964), and an animated Santa on his sleigh pulled by reindeer (USD3820265 issued June 28, 1974) to name a few. Everywhere you look at this time of year, you'll see patented Santas.

Invention Statistics

Have you ever wondered how many people patent inventions each year from the Houston area or which institutions have the most patents? The Patent and Monitoring Team from the United States Patent and Trademark Office has made available at  http://www.uspto.gov/web/offices/ac/ido/oeip/taf/reports.htm the following reports:

• DRILL-DOWN Utility Patent Report, Patenting In U.S. Metropolitan and Micropolitan Areas, Breakout By Organization, 2000 – 2013
• DRILL-DOWN Utility Patent Report, Patenting In U.S. Metropolitan and Micropolitan Areas, Breakout By Technology Class, 2000 – 2013
• DRILL-DOWN Utility Patent Report, Patenting In Technology Classes, Breakout by Origin, U.S. Metropolitan and Micropolitan Areas, 2000 – 2013
• DRILL-DOWN Utility Patent Report, U.S. State Patenting, Breakout by Regional Component (e.g., County), 2000 – 2013
• DRILL-DOWN Inventor Report, U.S. Resident Inventors and Their Utility Patents, Breakout By State Regional Component (e.g., County), 2000 - 2013

Statistics from the World's Five Largest Intellectual Property Offices

Message from the USPTO:

The world’s five largest intellectual property organization (IP5) released its 2013 Annual Statistics Report. The report is designed to facilitate an understanding of operations and patent procedures among the Offices, while providing a means for gauging inventive activity, technology flow and comparing procedures. The IP5 Offices, which together handle about 89 percent of the world’s patent applications, began meeting in 2007 and include: the United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), and the State Intellectual Property Office of the People’s Republic of China (SIPO).

The IP5 offices also provide detailed statistical data sheets for historical numbers of patent application filings going back to the 1980s and patent grants broken down by International Patent Classification (IPC) codes and country of origin. The additional statistical data also includes an office by office comparison of fees associated with the patent process, including those associated with services by the World Intellectual Property Organization (WIPO).

For the full report and additional information on the IP5 please visit their website: www.fiveipoffices.org/statistics/statisticsreports/2013edition.html.

Intellectual Property Webinar Series in December, 2014: Patents, Trademarks, and Copyrights

The Minority Business Development Agency (MBDA) and the U.S. Patent and Trademark Office (USPTO) will co-host a free webinar series to help business owners understand the intellectual property process, starting on Tuesday, December 9.

This three-part webinar series will provide participants with insightful tips for success on getting a patent or registering a trademark or copyright. Tune in and get answers from USPTO and U.S. Copyright Office senior intellectual property experts Elizabeth Dougherty, Anthony Knight, Susan Anthony, Craig Morris, and Sylvester Simpkins. The information shared will help you protect and promote your intellectual property rights.

• Patent Tips for Success – December 9, 1 p.m. ET (noon CST)
  Webinar overview: Make getting a patent easier with some useful tips for success from seasoned intellectual property experts.
  Presenters:
  Elizabeth Dougherty is the Director of Inventor Education, Outreach, and Recognition in the Office of Innovation Development at the USPTO. In this capacity, she develops, implements, and supervises programs that support the independent inventor community, small businesses, entrepreneurs, and the intellectual property interests of colleges and universities.
  Anthony Knight is the Acting Associate Commissioner for Innovation Development at the USPTO. He coordinates the USPTO’s enhanced efforts to assist independent, small entity and university-affiliated inventors. He also works closely with other officials throughout the government in support of small business and entrepreneurship that creates jobs.
• Copyright Tips for Success – December 10, 1 p.m. ET (noon CST)
  Webinar overview:Learn how to register a copyright more easily and gain understanding how to use others’ copyrighted works properly, along with some useful tips for success from seasoned intellectual property experts.
  Presenters:
  Sylvester Simpkins is a 23-year veteran of the U.S. Copyright Office. He is currently a Senior Information Specialist in the Public Information Office. He provides copyright information services to the general public on the mission and responsibilities of the U.S. Copyright Office, its regulations, procedures, registration and recordation practices, and provides general information on copyright to Office visitors. He also helps to ensure the proper handling and security of all Library of Congress and Copyright Office materials.
  Susan Anthony is the Acting Director for the Global Intellectual Property Academy (GIPA), in the USPTO’s Office of Policy and International Affairs in Alexandria, Virginia. GIPA provides training and education on all intellectual property issues – patents, trade secrets, trademarks, and copyright – for foreign and U.S. government officials, U.S. small-to-medium-sized enterprises (SMEs), and to the general public. Susan has a broad range of experience and expertise in almost all facets of intellectual property protection and enforcement, in the United States and abroad.
  
• Trademark Tips for Success – December 11, 1 p.m. ET (noon CST)
  Webinar overview: Make registering a trademark easier with some useful tips for success from a seasoned intellectual property expert.
  Presenter:
  Craig Morris works in the Office of the Commissioner for Trademarks at the USPTO. Currently, he is the Managing Attorney for Trademark Outreach and spearheads efforts for increased USPTO educational activities in the area of trademark fundamentals. For 14 years prior, he was the Managing Attorney for the Trademark Electronic Application System, where he focused on making the Trademark operation a total e-government environment. Craig has been with the USPTO since 1983, previously serving as an examining attorney, senior attorney, and managing attorney.

Register today for the webinar series and learn some valuable tips that will help you to protect your innovations, spur creativity, and market your products effectively at home and abroad.

Trademark Post-Registration Filing Deadline Reminders

The United States Patent and Trademark Office (USPTO) plans to begin sending courtesy reminders of upcoming post-registration filing deadlines to registered owners who have provided a valid email address to the USPTO and authorized email communication. The courtesy remainders would begin in late January 2015.

For more information regarding the content of the reminders, eligibility for receipt and how to opt out of receiving them, please visit www.uspto.gov/trademarks/notices/reminder_maintenance_filings.jsp.

Share Your Expertise During Tech Week, Dec. 1-5, 2014

Scientists and technology experts, the USPTO is inviting you to share the latest advancements in your field with patent examiners. If you would like to be a guest lecturer (generally one hour) during the week of Dec. 1-5, 2014, sign up via the PETTP Webpage: www.uspto.gov/patents/pettp.jsp or send an email to Examiner_Technical_Training@uspto.gov. Lectures can be in person at the USPTO in Alexandria, Virginia, at the Denver or Detroit satellite office, or via a Webcast from your own location.

For more information and a link to the brochure pictured above visit the PETTP webpage.

Patent Trial and Appeal Board Roadshows

A notice from the USPTO:

The Patent Trial and Appeal Board is hosting Detroit Region Roadshows from November 5 to 19, 2014, focused on the AIA trials. The PTAB will visit Detroit, Chicago, Pittsburgh, Cleveland, Minneapolis, and Milwaukee for half-day, afternoon programs. A detailed schedule and agenda appear below.

The roadshows are designed to be interactive, including audience participation in an educational game show as well as a hands-on workshop. For the workshop, the audience will work in teams to review and discuss a mock scenario in which a petitioner wishes to assert a challenge against a patent. The teams will discuss which type of petition to file and what issues might arise from both the petitioner's and patent owner's perspectives. Topics of discussion will include bars to filing, real party-in-interest and joinder considerations, and claim construction. The teams likewise will decide whether to institute, and if so, on what grounds and for which claims. Several PTAB judges will facilitate the workshop discussion with one assigned to each team. In Detroit, the PTAB will host an actual AIA Trial Hearing in lieu of the workshop.

The roadshows are free and open to the public with seating on a first-come, first-served basis. The Board also is working toward making CLE available to attendees. For more information about the Detroit Region Roadshows, please visit the PTAB website http://www.uspto.gov/ip/boards/bpai/detroit_region_roadshows_2014.jsp

Schedule

Detroit, MI, Wednesday, November 5, 1 -5 p.m., Thomas Cooley Law School, Auburn Hills Campus, Room 145, 2630 Featherstone Rd., Auburn Hills, MI 48326

Chicago, IL, Friday, November 7, 1-4:30 p.m., Chicago Public Library, Harold Washington Library Center, Pritzker Auditorium, 400 S. State Street, Chicago, IL 60605

Pittsburgh, PA, Thursday, November 13, 1-4:30 p.m., Carnegie Library of Pittsburgh, Auditorium/Lecture Hall, 4400 Forbes Avenue, Pittsburgh, PA 15213

Cleveland, OH, Friday, November 14, 1-4:30 p.m., Cleveland Public Library,  Louis Stokes Wing Auditorium (Lower Level), 525 Superior Ave., Cleveland, OH 44114

Minneapolis, MN, Monday, November 17, 1-4:30 p.m, Minneapolis Central Library, Pohlad Hall, 300 Nicollet Mall, Minneapolis, MI 55401

Milwaukee, WI, Wednesday, November 19, 1-4:30 p.m, Milwaukee Public Library, Meeting Room 1, 814 W. Wisconsin Ave., Milwaukee, WI 53233

Agendas are available from:http://www.uspto.gov/ip/boards/bpai/detroit_region_roadshows_2014.jsp

Patent Litigation Online Tool Kit and Webinar

The United States Patent and Trademark Office (USPTO) will host a webinar on September 18, 2014, Noon-1:00 pm Eastern Time, on the Patent Litigation Online Tool Kit. The litigation tool kit answers common questions about patent litigation such as:

• What are my options for responding to the suit?
• How can I tell whether or not I’m infringing?
• How do I find a lawyer?
• How can I challenge a patent or patent application?

This webinar will also highlight FREE resources and tools that may be of assistance if you are accused of patent infringement. The online library of free resources has been updated and can be accessed by using the USPTO’s website, http://www.uspto.gov/patents/litigation/index.jsp.

WEBINAR INFORMATION

WHEN: September 18, 2014, Noon - 1:00 PM (Eastern Time)
Dial In: 1-571-270-7000
Event number: 641 836 089
Event password: 12345
Video portion can be reached at the following address: https://uspto-events2.webex.com/uspto-events2/onstage/g.php?t=a&d=641836089

Free Inventor Workshops at Dallas Public Library on September 16, 2014

Patents and Trademarks: Get the Information You Need to Protect Your Intellectual Property -- A Free Public Seminar for Inventors, Entrepreneurs, Educators, Students and Legal Professionals.  This free day-long seminar is presented by trainers from the U.S. Patent and Trademark Office (USPTO).  Pre-registration is required.

For detailed and registration information, please go to:

http://www.uspto.gov/products/library/ptdl/eventschedule.jsp  

Or visit the Dallas Public Library website at: http://dallaslibrary2.org/government/workshops.php

Copyright, Trademark and Patent Webinars for Business Owners

The United States Patent and Trademark Office (USPTO) and the Minority Business Development Agency (MBDA) will co-host a complementary three part webinar series to help business owners understand the intellectual property process.

The webinar series will teach attendees how to electronically file a copyright, patent, and trademark application.

The series on electronic filing will be held from 1:00 P.M. to 2:00 P.M. EDT as follows:

• Tuesday, August 12th – A Copyright Application
• Wednesday, August 13th – A Trademark Application
• Thursday, August 14th – A Patent Application

This series will provide minority business owners and innovators with a wealth of information, resources, and tools to protect and promote their intellectual property.

While there is no cost for the USPTO-MBDA webinar, virtual space is limited. Register at http://www.mbda.gov/main/webinar-registration-copyrights-patents-and-trademarks-electronic-filing.

AIA Trials Webinar 7/29/14

The Patent Trial and Appeal Board is hosting a free lunchtime webinar tomorrow, Tuesday, July 29th from noon to 1 pm ET to discuss the AIA (America Invents Act) trials and Federal Register Request for Comments about the trials. Acting Vice Chief Judge Scott Boalick, who heads the Trial Section of the Board, will address the questions posed in the Federal Register for public comment about the trials. Question topics include the claim construction standard used by the Board, amendment practice, and management of concurrent proceedings. There will be time for questions and comments from participants too.

WEBINAR ACCESS INFORMATION: https://uspto-events.webex.com/uspto-events/onstage/g.php?t=a&d=990690901

Event number: 990 690 901
Event password: 12345

Federal Register Request for Comments = http://www.gpo.gov/fdsys/pkg/FR-2014-06-27/pdf/2014-15171.pdf

Please join the webinar to help the Board strengthen the trial proceedings and ensure fairness to all parties.

_______________________________

Visit the AIA micro-site http://www.uspto.gov/aia_implementation/index.jsp to view other newly added features.

Effectiveness of Virtual Marking for Patents

The America Invents Act (AIA) requires the United States Patent and Trademark Office (USPTO) to report on the effectiveness of virtual marking as an alternative to physically marking articles with patent information. The AIA contained a provision permitting a virtual mark as a means of providing public notice that an article is subject to patent protection in lieu of a physical mark on the patented article. The AIA mandates the USPTO to complete the report for Congress by September 16, 2014.
To fulfill its AIA reporting requirement, the USPTO is seeking public comment on specific aspects of virtual marking:

• whether virtual marking is effective for giving public notice;
• whether virtual marking has limited or improved the public’s ability to access patent information;
• whether and what legal issues arise from virtual marking; and
• whether virtual marking has any deficiencies.

Comments on these topics, along with any other issues or experiences regarding virtual marking, may be emailed to virtualmarking@uspto.gov by July 16, 2014.
For more information about the Virtual Marking Report access http://www.gpo.gov/fdsys/pkg/FR-2014-06-16/html/2014-14044.htm.

Optimum First Action and Total Patent Pendency

The Wednesday, July 9, 2014 Federal Register (Vol. 79, No. 131, Pages 38854-38855) contains a request for comments about the optimum first action and total pendency for patents. The summary follows.

SUMMARY: The United States Patent and Trademark Office (USPTO) is seeking public input on optimal patent first action and total pendency target levels. The current targets of ten month average first action pendency and twenty month average total pendency were established with stakeholder input in the previous USPTO 2010-2015 Strategic Plan. In the USPTO 2014-2018 Strategic Plan, the USPTO included an initiative to ``work with stakeholders to refine long-term pendency goals, while considering requirements of the IP community''. The USPTO recognizes the importance of continually refining and defining optimal pendency to take into consideration the external environment affecting workload inputs, the commitments made to the fee paying public, and the need to ensure a balance between workload, production capacity, and requirements of the Intellectual Property (IP) community. As a first step in beginning that initiative, the USPTO is seeking public input about IP community's suggestions for optimal patent first action and total pendency target levels.

DATES: Comment Deadline Date: Written comments must be received on or before September 8, 2014.

ADDRESSES: Comments must be sent by electronic mail message over the Internet addressed to: patent_pendency2014@uspto.gov.

FOR FURTHER INFORMATION CONTACT: Gregory L. Mills, Office of the Commissioner for Patents, at 571-272-1439.

More information is available at: http://www.gpo.gov/fdsys/pkg/FR-2014-07-09/html/2014-16031.htm

Patent Examiner Training Seeking Expert Assistance

The United States Patent and Trademark Office (USPTO) is expanding its Patent Examiner Technical Training Program and requesting voluntary assistance from scientists, engineers, professors and industrial designers to participate as guest lecturers.

Those interested in being a guest lecturer are invited to submit a request via the online form available at http://www.uspto.gov/patents/pettp.jsp or by sending an email request to Examiner_Technical_Training@uspto.gov .

Download a PDF of a brochure explaining the details at: http://www.uspto.gov/patents/init_events/pettp_brochure201406.pdf.

Trademark Electronic Search System (TESS) Timeout Period

Good news for those of you doing Trademark searching. The Trademark Electronic Search System (TESS) session timeout period for system inactivity has now been expanded from 20 minutes to 30 minutes.

White House Hosting Maker Fair

On June 18, 2014 President Obama will host the first White House Maker Faire to celebrate the accomplishments of innovators and entrepreneurs of all ages and encourage their continued innovation and entrepreneurship. The Administration is working with "companies, mayors, colleges, libraries, museums, and many others" to promote being "makers of things, not just consumers of things."

For those who cannot come to the White House, June 18 will be a nationwide Day of Making. To views suggestions about ways for your community to participate, access the White House blog about this first maker faire.

2013 Patent Statistics Available

The Patent Technology Monitoring Team (PTMT) have posted the 2013 general patent statistics report on the United States Patent and Trademark Office (USPTO) website at http://www.uspto.gov/web/offices/ac/ido/oeip/taf/reports.htm. These report updates include PTMT drill-down reports that profile utility patenting activity by technology, geographic origin, and organization.

PTAB America Invents Act Trial Roundtables

According to the USPTO:

The Patent Trial and Appeal Board of the United States Patent and Trademark Office is hosting roundtables to share information about the new America Invents Act (AIA) trials (i.e., inter partes reviews, post grant reviews, covered business method reviews, and derivations) including statistics, lessons learned, and techniques for successful motions practice. The Board is interested in receiving feedback about the trials and will feature a panel discussion to elicit public input.

The roundtable in Texas will be held on May 6 at the Dallas Bar Association, Belo Mansion, 2101 Ross Avenue, Dallas, TX 75201 from 1:00 to 5:00 pm. For a listing of roundtables in other states taking place between mid-April and mid-May see http://www.uspto.gov/ip/boards/bpai/ptab_aia_trial_roundtables_2014.jsp .

The roundtables are free and open to the public. Seating is on a first-come, first-serve basis. No registration is required.

New Landing Page for Preissuance Submissions

The USPTO now has a landing page devoted to third-party preissuance submissions:  http://www.uspto.gov/patents/init_events/preissuance_submissions.jsp
The October 2012 issue of Inventors Eye explains that a preissuance submission "allows any member of the public (a third party) the option of presenting the United States Patent and Trademark Office (USPTO) with information that may be relevant in determining the patentability of a specific application." This new page "features statistics, lessons learned, and frequently asked questions, among many other topics." Since the preissuance submission provision went into effect on September 16, 2012, the USPTO has received nearly 1,500 submissions.

Roundtable - 3rd Party Preissuance Submissions to Identify Relevant Prior Art

According to a Federal Register Notice of March 19, 2014 (Volume 79, Number 53,Pages 15319-15321), the USPTO is hosing a "Roundtable Event on the Use of Crowdsourcing and Third-Party Preissuance Submissions To Identify Relevant Prior Art."

SUMMARY: The United States Patent and Trademark Office (Office) is hosting a roundtable event to solicit public opinions regarding the use of crowdsourcing and third-party preissuance submissions to identify relevant prior art and enhance the quality of examination as well as the quality of issued patents. Members of the public are invited to participate. The roundtable will provide a forum for an informal discussion of the topics identified in this notice. Written comments in response to these topics also are requested.

DATES: Event: The roundtable event will be held on April 10, 2014,beginning at 12:30 p.m. Eastern Daylight Time (EDT), and ending at 5:00p.m. EDT.

Registration: Registration to attend the roundtable in person or via webcast is required by April 4, 2014. Additionally, members of the public who wish to participate in the roundtable as a speaker must do so by request in writing no later than March 27, 2014. See the ``Event Registration Information'' section of this notice for additional details on how to register.

For more information visit http://www.gpo.gov/fdsys/pkg/FR-2014-03-19/html/2014-05996.htm 

First-Inventor-to-File Public Forum

The USPTO’s First-Inventor-to-File (FITF) Public Forum is this coming Monday, March 17, 2014, at the USPTO headquarters, Madison Auditorium, in Alexandria, Virginia from 12:30 to 5 pm ET. The forum is being held on the first anniversary of the FITF implementation. You are invited to attend in person or via webcast (access instructions below):
Access Instructions:
First-Inventor-to-File Public Forum
Monday, March 17, 2014
12:30 to 5 pm ET
Webcast access:
Event number: 996 792 614
Event password: 12345
Click here to access the event: (https://uspto-events.webex.com/uspto-events/onstage/g.php?t=a&d=996792614)

All presentation materials will be available in advance of the forum on the AIA (FITF) micro-site at (http://www.uspto.gov/aia_implementation/index.jsp)

 Agenda: 

•  12:30 to 1:00 PM - Meet and Greet
•  1:00 to 1:15 PM - Welcome -  Janet Gongola, Senior Advisor to the Deputy Director: Opening Remarks -  Michelle K. Lee, Deputy Under Secretary and Deputy Director 
•  1:15 to 2:15 PM - Will My Application Be Examined Under AIA (FITF) Or Not? - Cassandra Spyrou, QAS in TC 2800
•  2:15 to 3:00 PM FITF -- A Year in Review - Tom Hughes, SPE in TC 3700
•  3 to 3:15 PM BREAK
•  3:15 to 4:20 PM FITF Overview and Tips on Responding to Prior Art Rejections - Kathleen Fonda, Senior Legal Advisor Office of Patent Legal Administration
•  4:20 to 4:30 PM Tour of the AIA (FITF) Website - Kathleen Bragdon, QAS in TC 1600
•  4:30 to 5:00 PM Q&A Panel Discussion (Hughes, Spyrou, Fonda, Bragdon) Christopher Grant, QAS in TC 2400 (Moderator) 

Visit the AIA micro-site (http://www.uspto.gov/aia_implementation/index.jsp)  to view other newly added features.

One of the perks of Fondren Library at Rice University being a Patent and Trademark Resource Center is having on-site access to the PubWest and PubEast databases allowing for more sophisticated search techniques.

PubWest (WEST stands for Web-based Examiner’s Search Tool) has precision search tools to allow for more focused searches, multiple database searching, and faster viewing. It includes abstracts from the European and Japanese Patent Offices plus a database of foreign patents and published applications searchable only by patent number or application number.

For those who are already expert patent searchers, PubEast allows for even more sophisticated search techniques and faster viewing. PubEast now includes the Foreign Patent Retrieval Service (FPRS) database. FPRS is a foreign abstract database with text searchable indexes. It expands the image link available for the European Patent Office (EPO) and the Japanese Patent Office (JPO) abstracts that include the entire Foreign Document collection held by USPTO (with the caveat that some documents may not have an associated image).

It's advisable to become proficient with the USPTO's online patent searching tools before trying first PubWest and then perhaps the more-complicated-to-learn PubEast.

For inventors in the Houston area, a good place to start learning patent searching is the basic patent search class at Rice University's Fondren Library offered once a month (class schedule). After this introduction to the basics of searching, a PubWest self-directed PowerPoint is available on Fondren's patent computers. Before the end of 2014, look for an introductory PubEast class. For those who are already expert patent searchers, a handout providing an orientation to PubEast is available now.

Request to Testify at Hearing Re. Identification of Attributable Owner of a Patent

The following is a summary of Federal Register Notice Volume 79, Number 48 (Wednesday, March 12, 2014)] concerning extending the period of request to testify at public hearings regarding identification of attributable owner:

SUMMARY: The United States Patent and Trademark Office (Office) published a notice on January 24, 2014, proposing changes to the rules of practice to require that the attributable owner, including the ultimate parent entity, be identified during the pendency of a patent application and at specified times during the life of a patent, and seeking written comments on the proposed changes. This initiative is one of a number of executive actions issued by the Administration that are designed to ensure issuance of the highest-quality patents, enhance competition by providing the public with more complete information about the competitive environment in which innovators operate, improve market efficiency for patent rights by making patent ownership information more readily and easily available, reduce abusive patent litigation by helping the public defend itself against frivolous litigation, and level the playing field for innovators. The Office published a notice on February 20, 2014 indicating that it was conducting two public hearings to introduce the proposed changes anddirectly receive feedback from the public. The notice published on February 20, 2014 also extended the period for comment on the proposed rules until April 24, 2014. The Office is now extending the deadline for requesting to testify at either public hearing until March 12,2014.

DATES: Public Hearing Dates: The first public hearing will take place on March 13, 2014, from 1 p.m. Eastern Daylight Time (EDT) until 4 p.m. EDT, in Alexandria, Virginia.

The second public hearing will take place on March 26, 2014, from 9 a.m. Pacific Daylight Time (PDT) until noon PDT, in San Francisco, California.

Requests To Provide Oral Testimony: Those wishing to provide oral testimony must submit a request to do so in writing no later than March 12, 2014. Members of the public who wish to attend solely to observe need not submit a request to attend.

For more information visit http://www.gpo.gov/fdsys/pkg/FR-2014-03-12/html/2014-05281.htm

Substantive Submissions Made During Prosecution of the Trademark

According to the Federal Register Vol. 79, No. 43 (Wednesday, March 5, 2014), the United States Patent and Trademark Office is seeking comments about substantive submissions made during prosecution of the Trademark Application.

I. Abstract
The United States Patent and Trademark Office (USPTO) administers the Trademark Act, 15 U.S.C. 1051 et seq., which provides for the Federal registration of trademarks, service marks, collective trademarks and service marks, collective membership marks, and certification marks. Individuals and businesses that use or intend to use such marks in commerce may file an application to register their mark with the USPTO. Such individuals and businesses may also submit various communications to the USPTO, including providing additional information needed to process a request to delete a particular filing basis from an application or to divide an application identifying multiple goods and/or services into two or more separate applications. Applicants may seek a six-month extension of time to file a statement that the mark is in use in commerce or submit a petition to revive an application that abandoned for failure to submit a timely response to an office action or a timely statement of use or extension request. In some circumstances, an applicant may expressly abandon an application by filing a written request for withdrawal of the application. The rules implementing the Act are set forth in 37 CFR Part 2. These rules mandate that each register entry include the mark, the goods and/or services in connection with which the mark is [[Page 12491]] used, ownership information, dates of use, and certain other information. The USPTO also provides similar information concerning pending applications. The register and pending application information may be accessed by an individual or by businesses to determine the availability of a mark. By accessing the USPTO's information, parties may reduce the possibility of initiating use of a mark previously adopted by another. The Federal trademark registration process may thereby lessen the filing of papers in court and between parties.

DATES: Written comments must be submitted on or before May 5, 2014.

For more information visit http://www.gpo.gov/fdsys/pkg/FR-2014-03-05/html/2014-04814.htm

Delayed Submission of Certain Requirements - Prioritized Patent Examination

According to Federal Register Vol. 79, No. 43 (Wed., March 5, 2014), the United States Patent and Trademark Office is considering changes to permit delayed submission of certain requirements for prioritized examinations.

SUMMARY: The Leahy-Smith America Invents Act includes provisions for prioritized examination of patent applications (also referred to as ``Track I''), which have been implemented by the United States Patent and Trademark Office (Office) in previous rulemakings. This interim rule simplifies the Track I prioritized examination practice to reduce the number of requests for prioritized examination that must be dismissed. In order to enable rapid processing and examination of those applications, the previous rulemakings provided that an application having a request for Track I prioritized examination requires, upon filing of the application, an inventor's oath or declaration and all required fees, and contains no more than four independent claims, thirty total claims, and no multiple dependent claims. Accordingly, any request for Track I prioritized examination not meeting all of the requirements on filing must be dismissed. The Office has found that many such dismissals are due to the application as filed not including a properly executed inventor's oath or declaration, not including the excess claims fees or application size fee due, or improperly including a multiple dependent claim or claims in excess of the permitted number. The Office has determined that the time periods for meeting those requirements when filing a request for Track I prioritized examination could be expanded while maintaining the Office's ability to timely examine the patent application.

DATES: Effective Date: March 5, 2014. Applicability Date: The changes to 37 CFR 1.102 apply only to applications filed under 35 U.S.C. 111(a) on or after September 16, 2012, in which a first action has not been mailed.

Comment Deadline Date: Written comments must be received on or before May 5, 2014.

For more information access http://www.gpo.gov/fdsys/pkg/FR-2014-03-05/html/2014-04806.htm

Changes to Continued Prosecution Application Practice for Patents

According to the Wednesday March 5, 2014 Federal Register, the United States Patent and Trademark Office is proposing the following changes to continued prosecution application practice.

SUMMARY: The Leahy-Smith America Invents Act (AIA) revised and streamlined the requirements for the inventor's oath or declaration. In implementing the AIA inventor's oath or declaration provisions, the United States Patent and Trademark Office (Office) provided that an applicant may postpone the filing of the inventor's oath or declaration until allowance if the applicant provides an application data sheet indicating the name, residence, and mailing address of each inventor. The rules pertaining to continued prosecution applications (which are applicable only to design applications) require that the prior nonprovisional application of a continued prosecution application be complete, which requires that the prior nonprovisional application contain the inventor's oath or declaration. This interim rule revises the rules pertaining to continued prosecution applications to permit the filing of a continued prosecution application even if the prior nonprovisional application does not contain the inventor's oath or declaration if the continued prosecution application is filed on or after September 16, 2012, and the prior nonprovisional application contains an application data sheet indicating the name, residence, and mailing address of each inventor.

DATES: Effective Date: March 5, 2014. Comment Deadline Date: Written comments must be received on or before May 5, 2014.

ADDRESSES: Comments should be sent by electronic mail message over the Internet addressed to: AC92.comments@uspto.gov. Comments also may be submitted by postal 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, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy.

For more information access http://www.gpo.gov/fdsys/pkg/FR-2014-03-05/html/2014-04807.htm

Attributable Owner of a Patent

The February 20, 2014 Federal Register contains a proposed rule regarding public hearings and an extension of the comment period on the proposed changes to require identification of the attributable owner of a patent. The summary is as follows:

The United States Patent and Trademark Office (Office) published a notice on January 24, 2014, proposing changes to the rules of practice to require that the attributable owner, including the ultimate parent entity, be identified during the pendency of a patent application and at specified times during the life of a patent, and seeking written comments on the proposed changes. This initiative is one of a number of executive actions issued by the Administration that are designed to ensure issuance of the highest-quality patents, enhance competition by providing the public with more complete information about the competitive environment in which innovators operate, improve market efficiency for patent rights by making patent ownership information more readily and easily available, reduce abusive patent litigation by helping the public defend itself against frivolous litigation, and level the playing field for innovators. The Office is conducting two public hearings to discuss these proposed changes. The public hearings are an additional way for the Office to introduce the proposed changes and directly receive feedback from the public. The Office also is extending the period for public comment on the proposed changes until April 24, 2014, to provide interested members of the public with additional time to submit written comments.

For more information access http://www.gpo.gov/fdsys/pkg/FR-2014-02-20/html/2014-03629.htm

Trademark Changes

According to a Thursday, February 20, 2014 proposed rule, the United States Patent and Trademark Office proposes to amend requirements for collective trademarks and service marks, collective membership marks, and certification marks.

SUMMARY: The United States Patent and Trademark Office (``USPTO'')proposes to amend the rules related to collective trademarks,collective service marks, and collective membership marks (together ``collective marks''), and certification marks to clarify application requirements, allegations of use requirements, multiple-class application requirements, and registration maintenance requirements for such marks. These proposed rule changes will codify current USPTO practice set forth in the USPTO's ``Trademark Manual of Examining Procedure'' (``TMEP'') and precedential case law. These changes also will permit the USPTO to provide the public more detailed guidance regarding registering and maintaining registrations for these types of marks and will promote the efficient and consistent processing of such marks. Further, the USPTO proposes to amend several rules beyond those related to collective marks and certification marks to create consistency with rule changes regarding such marks and to streamline the rules, by consolidating text and incorporating headings, for easier use.

For more information access http://www.gpo.gov/fdsys/pkg/FR-2014-02-20/html/2014-03256.htm

Michelle K. Lee New Deputy Director of the U.S. Patent and Trademark Office

U.S. Secretary of Commerce Penny Pritzker appointed Michelle K. Lee, the current director of the USPTO's Silicon Valley satellite office, as the next Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the U.S. Patent and Trademark Office (USPTO). Engineer and attorney Lee has strived to strengthen patent quality and curb abusive patent legislation. Her background includes working as a Hewlett-Packard computer scientist, a district court law clerk, a partner in a Silicon Valley law firm, and as Google's first Head of Patents and Patent Strategy. For more information, see the press release.

Comments Sought About Prior Art Resources for Software-Related Patent Applications

In a Monday, Jan. 6, 2014 Federal Register Notice, the USPTO is requesting comments about prior art resources used in the examination of software-related patent applications as mentioned in the following summary:

SUMMARY: The United States Patent and Trademark Office (USPTO) has formed a partnership with the software community to enhance the quality of software-related patents (Software Partnership). The Software Partnership is an opportunity to bring stakeholders together through a series of roundtable discussions to share ideas, feedback, experiences, and insights on software-related patents. On December 5, 2013, as partof the Software Partnership, the USPTO hosted a roundtable discussion on the USPTO's prior art searching techniques and tools. At the roundtable, the USPTO spoke on the prior art resources currently utilized by examiners and listened to external speakers and the public on additional prior art resources and improved search techniques. In order to receive further feedback from stakeholders, the USPTO is requesting comments on the questions regarding prior art resources and search techniques set forth below.

For more information visit http://www.gpo.gov/fdsys/pkg/FR-2014-01-06/html/2013-31492.htm

Extended Missing Parts Pilot Program Available until Dec. 31, 2014

In a Monday, January 6, 2014 Federal Register Notice the USPTO announced an extension of the Extended Missing Parts Pilot Program as follows:

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, 2014, to better gauge whether the Extended Missing Parts Program offers sufficient benefits to the patent community for it to be made permanent.

For more information visit http://www.gpo.gov/fdsys/pkg/FR-2014-01-06/html/2013-31574.htm

Extension of Comment Period for Copyright Green Paper

From the Federal Register Volume 78, Number 248 (Thursday, December 26, 2013)

SUMMARY: On October 3, 2013, the Department of Commerce's Internet Policy Task Force (Task Force) published a notice of public meeting and a request for public comments on five separate copyright policy issues critical to economic growth, job creation, and cultural development that were identified in the Department's Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy (Green Paper). The purpose of this notice is to announce an extension of the period for filing post-meeting comments.

DATES: To be ensured of consideration, post-meeting comments are due on or before January 17, 2014. The filing of pre-meeting comments is not a prerequisite for filing post-meeting comments.

For more information visit http://www.gpo.gov/fdsys/pkg/FR-2013-12-26/html/2013-30690.htm