Federal Register -- International Trademark Classification Changes

From the Federal Register on Friday November 29, 2019, vol. 84, no. 230, page 65680-65683.  Final rule on International Trademark Classification Changes. 

For detailed information please see TEXT or PDF.

Removal of Regulations Governing Requests for Presidential Proclamations under the Semiconductor Chip Protection Act of 1984 and Certain Rules of Practice Relating to Registration to Practice and Discipline

From the Federal Register, USPTO Proposed Rules of Removal of Regulations Governing Requests for Presidential Proclamations under the Semiconductor Chip Protection Act of 1984 and Certain Rules of Practice Relating to Registration to Practice and Discipline, and request for comments.

For detailed information, please click PDF or TEXT.

Agency Information Collection Activities; Proposals, Submissions, and Approvals: Secrecy and License to Export

From Federal Register Notices on Monday, November 25, 2019 (vol. 84, no.227), page 64873-64876; as required by the Paperwork Reduction Act of 1995, invites comments on the extension of an existing information collection: 0651-0034 (Secrecy and License to Export).

For detailed information please click PDF or TEXT.

Office Patent Trial Practice Guide, November 2019 Edition

According to the Federal Register notice of Thursday, November 21, 2019 (vol. 84, no.225, page 64280), the USPTO is issuing a consolidated Office Patent Trial Practice Guide ("Practice Guide") to incorporate prior updated to the original August 2012 Practice Guide.

For detail information please click PDF or TEXT.

The 2019 PPAC Annual Report is available

The 2019 Patent Public Advisory Committee (PPAC) Annual Report is now available online.  

The report includes information on patent policies, goals, performance, budget, and user fees. PPAC prepares the report to be transmitted to the president, secretary of commerce, and the judiciary committees of the Senate and House of Representatives within 60 days following the end of each fiscal year.

To learn more about PPAC, please visit the PPAC page on the USPTO website.

USPTO -- Now accepting Patents for Humanity awards applications

USPTO is now accepting applications for the 2020 Patents for Humanity awards. These awards go to innovators who use game-changing technology to meet global humanitarian challenges. Winners receive public recognition of their work and a patent acceleration certificate to expedite select proceedings at the USPTO. Apply for free by January 31, 2020.

Patents for Humanity recognizes inventions that address global development issues such as medicine, nutrition, living standards, sanitation, and energy. Individuals, corporations, nonprofits, small businesses, academic institutions, and government agencies are eligible to compete. View the 2018 award recipients.

For more information, visit the Patents for Humanity page on the USPTO website.

Trademark -- Attorneys: Monitor for improper use of your information in filings

Attorneys should proactively monitor our database for trademark filings that use their names, signatures, and contact information without their knowledge or consent.

For instructions on how to monitor and notify us of improper use of your information, read the news brief on safeguarding attorney information on the USPTO website.

Webinar for those new to AIA trials

Are you new to AIA trials and want to learn the basics? Attend our Boardside Chat webinar on Thursday, November 21 from noon to 1 p.m. ET. Lead Judge James Worth and Judge Alyssa Finamore will walk through the AIA trial process and explain each step in detail.

The webinar is free and open to all. There will be a Q&A session with the judges at the end of the presentation, so please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov.

More information, including the webinar access information, is available on the PTAB Boardside Chat page of the USPTO website.

Trademark -- What’s the impact of the mandatory electronic filing rule change?

Beginning December 21, 2019, trademark applicants and registrants will be required to file trademark applications and related documents using TEAS.

To learn about the new requirements, how this change affects filings, the petition process, outage procedures, Madrid protocol applications, and TEAS forms, register for our free webinar on December 10 from 3-4 p.m. ET. An application for Virginia CLE is pending.

Event on China's shifting IP landscape

There is still time to register to attend “China’s Shifting IP Landscape and the Consequences for Rights Holders,” a free, day-long program on Wednesday, November 20 at our Global IP Academy in Alexandria, Virginia.

Hear experts from academia, industry, and government, including introductory remarks from USPTO Director Andrei Iancu, address China’s shifting political and economic needs and the implications for IP protection and enforcement.

Learn more on the event page of the USPTO website.

Attend the Patent Public Advisory Committee quarterly meeting

Attend our next quarterly meeting with the Patent Public Advisory Committee (PPAC) on Thursday, November 14 for a review of policies, goals, performance, budget, and user fees. You can watch online or attend in person at our headquarters in Alexandria, Virginia.

Learn more about the PPAC quarterly meeting, including the agenda and how to access the meeting online. 

USPTO releases SUCCESS Act report to Congress

Report looks at participation of women, minorities, and veterans in the patent system

October 31, 2019

 

On October 31, 2019, the United States Patent and Trademark Office (USPTO) transmitted to Congress a report required by the SUCCESS Act of 2018. The report looks at publicly available data on the participation rates of women, minorities, and veterans in the patent system, finding that there is limited information on these underrepresented groups. It makes a series of recommendations regarding legislation and initiatives that can help increase awareness among these groups of the importance of intellectual property and facilitate their participation in the patent system.
Download report
Visit our SUCCESS Act webpage to learn more about the USPTO's SUCCESS Act initiative.

New Redesigned web page

You may have noticed some changes on www.uspto.gov. We recently redesigned the landing pages for each of the major sections of our website:

• Patents
• Trademarks
• IP Policy
• Learning and Resources

Along with a new look and feel, the pages have more links and intuitively organized information, as well as a toolbar for commonly used USPTO transactional systems like EFS-Web, PAIR, TEAS, and TESS, to name a few. Each section page also includes the latest news and upcoming events related to its focus.

This work is part of a continuous effort to refine the USPTO.gov website based on stakeholder feedback and usability best practices.

You can sign up to volunteer to be part of user testing of future web improvements or send the web team feedback at OCCOfeedback@uspto.gov.

Patent Trial and Appeal Board

Webinar for those new to ex parte appeals

 

New to ex parte appeals or want to learn more about them? Please join the Patent Trial and Appeal Board for a Boardside Chat webinar on Thursday, November 7 from noon to 1 p.m. ET. Lead Judge James Worth and Judge Alyssa Finamore will explain the ex parte appeal process, tips for filing your appeal brief, and how to make effective arguments before the Board. 

The webinar is free and open to all. There will be a Q&A session at the end of the presentation, so please send questions in advance or during the webinar to PTABBoardsideChat@uspto.gov.

More information, including the webinar access information, is available on the PTAB Boardside Chat page of the USPTO website.

Update on Subject Matter Eligibility

The United States Patent and Trademark Office (USPTO) today provided notice of an update to the 2019 Revised Patent Subject Matter Eligibility Guidance (2019 PEG).

The October 2019 Update responds to public comments regarding the 2019 PEG. The update does not change the 2019 PEG, but provides further explanation on how the USPTO applies such guidance. For example, the update provides additional information on how the USPTO determines if a claim “recites” an abstract idea and how groupings within the abstract idea exception are determined. It also explains the procedures examiners can use to identify “tentative abstract ideas” and provides more information on how examiners evaluate whether a judicial exception is integrated into a practical application. The update also addresses the examiner’s responsibility to provide adequate notice to applicants in making a subject matter eligibility rejection. In addition to the written explanations described above, the update includes additional helpful examples in the life sciences and data processing areas. It also includes an updated index of examples for use with the 2019 PEG and an updated case law chart that lists selected eligibility cases from the U.S. Supreme Court and the U.S. Court of Appeals for the Federal Circuit.

The October 2019 Update materials are available to the public on the Subject Matter Eligibility page of the USPTO website. Feedback on the update or on any patent eligibility issue is welcome on an ongoing basis. Instructions for submitting feedback, and more information on the public comments, are available on our Subject Matter Eligibility page.

Learn how examiners approach unity of invention

Interested in learning more on recent examination practice and procedure guidance related to unity of invention? Attend our Virtual Instructor Led Training (vILT) course “Unity of Invention” on December 10, 11, and 12, 2019. This course is based on recent training delivered to patent examiners.

Due to limited capacity, selection for attendance is based on a first-come, first-served basis. Use our sign-up form to register.

The USPTO is applying for two hours of CLE credit in Virginia for this course.

You can learn more about the program and upcoming sessions on the vILT page of the USPTO website.

Notice of system maintenance

Trademark Electronic Application System (TEAS) and Trademark Electronic Application System International (TEASi) will be unavailable due to system maintenance. After this maintenance period, you will need to log in to a USPTO.gov account with two-step authentication to access TEAS and TEASi forms.

Watch the TEAS and TEASi login requirement webinar to prepare for this change.

When:

Saturday, October 26, from 8 a.m. to 2 p.m. ET

What you should do:

File all saved forms and e-signature forms by midnight ET on Friday, October 25 to make sure your data is not lost. If you don’t file these forms before the maintenance begins, you will have to start the process again with new forms. We apologize for any inconvenience.

More information:

Read the release highlights on our TEAS and TEASi maintenance and enhancement page of the USPTO website to find out more about the changes we are making to TEAS and TEASi.

Agents and attorneys: Learn to think like an examiner

If you are a patent attorney or agent, it helps to think like an examiner. Learn how examiners make decisions in the Stakeholder Training on Examination Practice and Procedure (STEPP) agent and attorney course on January 28-30, 2020 at the Miami Beach Regional Library in Miami, Florida.

We will lead in-person courses based on material developed to train our employees. Training focuses on how our examiners review patent applications according to the Manual of Patent Examining Procedure (MPEP). Similar to entry-level examiners, each attendee will use a sample application that will be the focus of exercises.

We are applying for CLE credit in Florida for this course.

Use the STEPP sign-up form to register.

You can learn more about the program and upcoming sessions on the STEPP page of the USPTO website.

Change in effective date of new rule requiring electronic filing for trademark submissions

USPTO has published a new rule in the Federal Register that changes the effective date of the rule requiring trademark applicants and registrants to:

• File online using our Trademark Electronic Application System (TEAS). 
• Provide and maintain an accurate email address for receiving correspondence from the USPTO.

The new rule changes the effective date from October 5, 2019 to December 21, 2019.

Read more about how this federal trademark law change affects you.

Trademark New login requirement

Beginning October 26, 2019, you'll need to log in to a USPTO.gov account with two-step authentication to access and file forms. In addition to the new login procedure, TEAS and TEASi sessions will time out after 30 minutes of inactivity. These measures will allow us to better track filing activity and reduce misuse of our electronic forms.

Check out the log in to TEAS and TEASi page on the USPTO website for more information about this new requirement.

Webinar: How do I prepare for the new login requirement for TEAS?

Attend our free webinar on Tuesday, October 8, from 3-4 p.m. ET to learn about changes coming to TEAS and TEASi. We'll show you how to set up your account and log in with two-step authentication, and we'll answer your questions about the change.

Register for the webinar

USPTO portable media device policy changing October 1

Beginning Tuesday, October 1, the USPTO will prohibit the use of personal removable media storage devices, including USBs, with any USPTO computer, docking station, or monitor. Such devices include:

• Portable disk drives such as USB drives or memory cards
• Digital versatile discs (DVDs)
• Read/write compact discs (CDs)
• Devices that can operate as removable media storage devices (e.g. PDAs, digital cameras, and Apple iPods).

Visitors who need to share files with USPTO employees must transmit their data via email, cloud-based, or secure-file sharing services.

For more information on our removable media policy, please visit the policy webpage or email us at USB_Questions@uspto.gov.

Extension to the request for comments on patenting artificial intelligence inventions

In late August, the USPTO published a request for comments (RFC) seeking public comment on the subject of patenting artificial intelligence inventions. We will soon publish a new notice extending the public comment period until November 8, 2019.

Written comments in reference to this RFC should be sent by email to AIPartnership@uspto.gov.

Login requirement for TEAS and TEASi coming on October 26

As part of our efforts to build a more secure trademark filing system, we are implementing changes to the Trademark Electronic Application System (TEAS) and TEASi (international).

Changes effective on October 26:

• Access to forms: When you enter any TEAS or TEASi form, you will be prompted to log in to your USPTO.gov account with a two-step authentication. We will send you an authentication code during the login process, and you will be required to enter the code to access the form.
  
  
• TEAS time out: Your TEAS or TEASi session will time out after 30 minutes of inactivity. If you are starting a new application, review the minimum filing requirements in the TMEP and the additional TEAS Plus or TEAS RF filing requirements.

Sign up for a USPTO.gov account to make sure you are ready for this change. Learn more about these changes and the additional security enhancements we are developing.  

Attend live hearings at the PTAB/TTAB Stadium Tour In Chicago

A live PTAB and TTAB proceedings on Thursday, October 3 at the Northwestern Pritzker School of Law in Chicago. Opening remarks start at 10 a.m. CT. This event will include a trademark opposition hearing, an AIA trial hearing, and an educational session where Board judges will share tips for successful advocacy before the TTAB and PTAB.

This program is for patent and trademark attorneys who appear in front of the PTAB and/or TTAB as well as those who want to learn about practice before these administrative tribunals. This program is free and open to the public. Continuing Legal Education (CLE) credits will be offered.

Get detailed information on the event page to view the program location, program agenda, and law school venue. 

Webinar on filing patent applications electronically using DOCX

Join us for a Patent Quality Chat webinar on September 24, from noon to 1 p.m. ET. During this online-only webinar, we’ll discuss filing structured text (DOCX) as an efficient way to file a patent application electronically. You’ll learn what structured text is and how you can use it to file nonprovisional utility applications.

The webinar is free and open to all. Registration is not necessary. There will be a Q&A session at the end of the presentation. Please email questions before or during the webinar to PatentQuality@uspto.gov.

Find more information about this webinar on our event page.

The USPTO presents the Patent Quality Chat webinar series as a part of continuous efforts to improve patent quality.

Help improve DOCX application submissions

As a part of the eCommerce Modernization effort (eMod), you are now able to file new utility applications in the structured text format, DOCX. As we continue to make improvements to our systems, we invite you to participate in a brief survey to provide your input on this change. 

Take the survey here. 

Your feedback is valuable to us and your participation shapes the future of our systems at the USPTO. Please respond by September 6.

More information is available on the DOCX webpage.

PTAB “Boardside Chat” Webinar

The next USPTO "Boardside Chat" will be on Thursday, August 22, 2019, from 12 noon to 1 pm Eastern Time. The topic will be about hearings, including both appeal and AIA hearings.

To connect to the chat, please visit: PTAB Boardside Chat Webinar

U.S. lawyers: Beware of unauthorized withdrawal and revocation of attorney forms

What’s happening Bad actors are making unauthorized changes to attorney information using Trademark Electronic Application System (TEAS) withdrawal and revocation of attorney forms by:

• Signing the attorney of record’s name
• Resetting the correspondence address to the applicant’s address in the initial application
• Replacing the primary correspondence email address with the bad actor’s email address or deleting the email address

What we’ll do When we receive a request to change the primary email correspondence address of record, we’ll send an email to the prior primary email correspondence address to alert the attorney. Look for an email message from TEAS@uspto.gov with the subject line "Alert USPTO Change of Email Address" notifying you of changes to the primary email correspondence address in your cases.

What you should do

• Monitor your cases for unauthorized changes
• Turn on email notifications for your MyUSPTO.gov trademark docket
• Report unauthorized changes using these instructions

Keep contact info updated Bad actors appear primarily to be targeting registrations that don’t include a correspondence email address. You won’t receive a change of address alert if you don’t have a correspondence email address on record. Avoid this problem by ensuring that your registrations contain current contact information.

Future plansWe’re implementing a login requirement this fall to combat this problem.

Free seminar on trending issues in trade secrets

Register now to attend the September 19 USPTO program, “Trending Issues in Trade Secrets: 2019.”

This free, day-long seminar will feature informative presentations by leading government, judicial, and industry experts in the field of trade secret protection.

The program will also be available for viewing remotely via LiveStream. See the registration page for more details.

USPTO wants your feedback to help us enhance our services

USPTO is seeking volunteers to provide feedback as we enhance our customer experience. Sharing your opinion will inform and strengthen our efforts to provide consistent, clear, and intuitive services to trademark customers.

Sign up to share your opinion as we make improvements. We’ll contact you for feedback on our website, online systems, communication materials, and other trademark services.

Attend the Patent Public Advisory Committee quarterly meeting

The next Patent Public Advisory Committee (PPAC) quarterly meeting is on Thursday, August 8. You can watch online or attend in person at our headquarters in Alexandria, Virginia.

Learn more about the PPAC quarterly meeting, including the agenda and how to access the meeting online.

Trademark rule requiring foreign-domiciled applicants and registrants to have a U.S.-licensed attorney now in effect

If you are a foreign-domiciled trademark applicant, registrant, or party to Trademark Trial and Appeal Board proceedings, in all U.S. trademark matters you must now be represented by an attorney who is licensed to practice law in the United States. This includes Canadian applicants, registrants, and parties.

In addition to this change, U.S.-licensed attorneys representing anyone before the USPTO in trademark matters are now required to confirm they are an active member in good standing of their bar and to provide their bar membership information.

Learn more about this federal trademark law change.

New exam guide on U.S.-licensed attorney requirement

We have a new exam guide, "Requirement of U.S.-Licensed Attorney for Foreign Trademark Applicants and Registrants." It explains examination procedures in light of these new requirements. You can direct questions about the guide to TMPolicy@uspto.gov.

New rule requires electronic filing for trademark submissions

The USPTO has published a new rule in the Federal Register requiring electronic filing for trademark submissions.

This rule becomes effective on October 5.

Trademark applicants and registrants will be required to file online using the USPTO's Trademark Electronic Application System (TEAS). Applicants and registrants will need to provide and maintain an accurate email address for receiving correspondence from the USPTO.

Paper and fax submissions will no longer be accepted. Email submissions will continue to not be accepted.

To learn more about this federal trademark law change, please visit the USPTO website.