Patent and Trademark Information from Fondren Library, Rice University

Changes to Implement Inter Partes Review Proceedings

2012-02-10T09:25:00.000-08:00

[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

New Rules for Business Method Patents

2012-02-10T08:59:00.000-08:00

[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

New Rules for Post-Grant Review

2012-02-10T08:21:00.000-08:00

[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

Changes To Implement Derivation Proceedings (True Inventor)

2012-02-10T08:06:00.000-08:00

[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 of Practice for Patent Trials

2012-02-09T11:55:00.000-08:00

[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.

Practice Guide: Proposed Rules for Trials Before the Appeals Boards

2012-02-09T10:21:00.000-08:00

[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.

Trademark Identification of Goods and Services Roundtable

2012-02-07T13:40:00.000-08:00

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.

Dallas Roadshow Explaining Leahy-Smith America Invents Act (AIA)

2012-01-10T14:35:00.000-08:00

According to a Jan. 9, 2012 press release, USPTO personnel will travel to seven U.S. cities to allow the public to speak with USPTO officials about the new patent law and its implementation. The closest roadshow to us will be at the Dallas Public Library on Wednesday, February 29 from 10 am - 4:30 pm. Scroll down on the USPTO's Leahy-Smith American Invents Act Implementation page for more information. Registration is not required. Other cities included in the Roadshows are Alexandria, VA; Sunnyvale, CA; Salt Lake City, UT; Ft. Lauderdale, FL; Boston, MA; and Chicago, IL.

Extended Missing Parts Pilot Program

2011-12-19T13:00:00.000-08:00

[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.

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

2011-12-16T14:17:00.000-08:00

[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.

Revision of Patent Term Adjustment Provisions Relating to Information Disclosure Statements

2011-12-02T10:35:00.000-08:00

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.

Patent Application Non-electronic Filing Fee

2011-11-15T12:08:00.000-08:00

[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations][Pages 70651-70653]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29462]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1 [Docket No. PTO-P-2011-0065] RIN 0651-AC64

Fee for Filing a Patent Application Other Than by the Electronic
Filing System

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
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SUMMARY: The Leahy-Smith America Invents Act provides an additional fee of $400 for applications not filed electronically. This final rule revises the rules of practice to include the fee for applications not filed electronically.

... Sec. 1.445 International application filing, processing and search fees.

(a) The following fees and charges for international applications are established by law or by the Director under the authority of 35 U.S.C. 376:

(1) A transmittal fee (see 35 U.S.C. 361(d) and PCT Rule 14) consisting of

(i) A basic portion.......................................... $240.00

(ii) A non-electronic filing fee portion for any international application designating the United States of America that is filed on or after November 15, 2011, other than by the Office electronic filing system, except for a plant application:

By a small entity (Sec. 1.27(a))........................... $200.00
By other than a small entity................................. $400.00
...

To see the full text of this final rule, access
http://www.gpo.gov/fdsys/pkg/FR-2011-11-15/pdf/2011-29462.pdf

Discontinuing the Mass Mailing of Paper Fee Schedules

2011-11-03T08:57:00.000-07:00

[Federal Register Volume 76, Number 213
(Thursday, November 3, 2011)][Notices][Page 68166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov][FR Doc No: 2011-28536]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2011-0054]

Discontinuing the Mass Mailing of Paper Fee Schedules to
Registered Attorneys, Agents, and Deposit Account Holders

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To see the complete text of this comment request access: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=2011-28536.
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SUMMARY: The United States Patent and Trademark Office (USPTO) is discontinuing the mass mailing of revised paper fee schedules to registered attorneys, agents, and deposit account holders when fees are adjusted due to enactment of legislation or fluctuations in the Consumer Price Index. Since a substantial majority of filings and fee payments are submitted on-line, and the most up-to-date fee schedule is always available and maintained on-line, the USPTO has discontinued the mass mailing of the paper fee schedules. The current fee schedule is essentially built into the on-line systems (e.g., EFS-Web, TEAS, accessible through the USPTO home page, etc.), which display the current fee amounts required at the time of submitting the payment.

DATES: Effective Date: November 3, 2011.

FOR FURTHER INFORMATION CONTACT: Matthew Lee, Office of Finance, Receipts Accounting Division, by telephone at (571) 272-6343; or by mail addressed to: Mail Stop 16, Director of the USPTO, P.O. Box 1450, Alexandria, VA 22313-1450.

Public User at USPTO ID Badging

2011-10-10T09:57:00.000-07:00

[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices][Pages 62387-62388][FR Doc No: 2011-26014]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Public User ID Badging

ACTION: Proposed collection; comment request.
To see the complete text of this comment request access: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=2011-26014.
...
The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 41(i)(1) to maintain a Public Search Facility to provide patent and trademark collections for searching and retrieval of information. The Public Search Facility is maintained for public use with paper and electronic search files and trained staff to assist searchers. The USPTO also offers training courses to assist the public with using the advanced electronic search systems available at the
facility.

In order to manage the patent and trademark collections that are available to the public, the USPTO issues online access cards to customers who wish to use the electronic search systems at the Public Search Facility. Customers may obtain an online access card by completing the application at the Public Search Facility reference desk and providing proper identification. The plastic online access cards
include a bar-coded user number and an expiration date. Users may renew their cards by validating and updating the required information and may obtain a replacement for a lost card by providing proper identification.

Under the authority provided in 41 CFR 102-81, the USPTO issues security identification badges to members of the public who wish to use the facilities at the USPTO. Public users may apply for a security badge in person at the USPTO Office of Security by providing the necessary information and presenting a valid form of identification with photograph. The security badges include a color photograph of the user and must be worn at all times while at the USPTO facilities.

In January 2011, the USPTO discontinued the $120 fee for users requesting private instruction for the online search systems available at the Public Search Facility. Therefore, the private instruction fee is being deleted from this collection.

Prior User Rights

2011-10-10T09:29:00.000-07:00

[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices][Pages 62388-62389][FR Doc No: 2011-26154]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Notice of Public Hearing and Request for Comments on the Study of Prior User Rights

The United States Patent and Trademark Office (USPTO) is interested in gathering information on patent prior user rights for purposes of preparing a report on the subject as required by the America Invents
Act. In particular, the USPTO seeks information about the following as specified in the America Invents Act: (1) Comparison(s) between the patent laws of the United States and the laws of other industrialized countries; (2) the effect of prior user rights on innovation rates; (3) the correlation, if any, between prior user rights and start-up enterprises as well as the ability to attract venture capital to start new companies; (4) the effect of prior user rights, if any, on small businesses, universities, and individual inventors; (5) legal and constitutional issues with placing trade secret law in patent law; and (6) whether or not the change to a first-to-file patent system creates any particular need for prior user rights. To assist in gathering this information, the USPTO is holding a public hearing at which interested members of the public are invited to testify on the issues outlined above and in the supplementary information section of this notice.
. . .
Those wishing to present oral testimony at the hearing must request an opportunity to do so in writing by e-mail to IP.Policy@uspto.gov no later than October 18, 2011. Requests to testify at the hearing must indicate the following information: (1) The name of the person desiring to testify; (2) the person's contact information (telephone number and electronic mail address); and (3) the organization(s) the person represents, if any; and (4) a preliminary written copy of their testimony. Based on the requests received, an agenda of scheduled testimony will be sent to testifying respondents, and posted on the USPTO Internet Web site (address: http://www.uspto.gov/americainventsact).

Speakers selected to provide testimony at the hearing should provide a final written copy of their testimony for inclusion in the record of the proceedings no later than October 21, 2011.
. . .
The USPTO plans to make the public hearing available via webcast. Webcast information will be available on the USPTO's Internet Web site (address: http://www.uspto.gov/americainventsact) before the public hearing.

To see the complete text of this comment request including sample questions to assist in gathering information, access: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=2011-26154.

International Patent Protection for Small Businesses

2011-10-10T09:17:00.000-07:00

[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices][Pages 62389-62391][FR Doc No: 2011-26157]

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2011-0062]

Request for Comments and Notice of Public Hearings on the Study of International Patent Protection for Small Businesses

The United States Patent and Trademark Office (USPTO) is interested in gathering information on international patent protection for small businesses for purposes of preparing a report on the subject as required by the America Invents Act. To assist in gathering this information, the USPTO is holding a public hearing at which interested members of the public are invited to testify on this topic. In addition, members of the public may submit written comments.

Public Hearing: The USPTO will hold two hearings in support of the study of international patent protection for small businesses. The first public hearing will be held on October 27, 2011, beginning at 1 p.m. Eastern Daylight Time (EDT) and ending at 4 p.m. EDT. The first public hearing will be held at the USPTO in the Madison Auditorium on the concourse level of the Madison [[Page 62390]] Building, located at 600 Dulany Street, Alexandria, Virginia 22314. The second public hearing will be held on November 1, 2011, beginning at 9 a.m. Pacific Daylight Time (PDT) and ending at 12 p.m. PDT. The second public hearing will be held at the University of Southern California in the Gould School of Law, located at 699 Exposition Boulevard, Los Angeles, California 90089.

To see the complete text of this comment request including sample questions to assist in gathering information, access: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=2011-26157.

Patent Fees Change Sept. 26, 2011

2011-09-20T08:39:00.000-07:00

Due to the passage of the Leahy-Smith America Invents Act on September 16, 2011, the USPTO fee schedule will change effective September 26, 2011. Access the Fees, USPTO page for details. In addition to FAQs (frequently asked questions)about fee payments, the page also includes information about how to create a Financial Profile (FP) account in order to be able to access your payment history information on the USPTO secure Web site.

President Obama signs the America Invents Act

2011-09-16T11:53:00.000-07:00

This morning (Sept. 16, 2011) at Thomas Jefferson High School in Alexandria Virgina President Obama signed the America Invents Act. For more information about the implications of the act, see the White House blog entry, The America Invents Act: Turning Ideas into Jobs. For even more details, see USPTO's America Invents Act page. The USPTO is also setting up a help line (1-800-AIA-Help) for answering questions related to this act.

This afternoon at 5:00 p.m. EDT USPTO Director David Kappos and US Chief Technology Officer Aneesh Chopra will answer questions about the America Invents Act. The blog reveals the following ways to ask questions:

Use the hashtag #WHChat on Twitter to ask your questions on the America Invents Act
Watch and ask your questions through the White House Live Facebook App
Tune in live on WhiteHouse.gov/live

First to file - patent legislation passed by Congress

2011-09-12T09:43:00.000-07:00

The Leahy-Smith America Invents Act passed by Congress and awaiting President Obama's signature will make sweeping changes to the U.S. patent system including changing the patentability/novelty entitlement from "first to invent" to "first to file" as follows:

Sec. 102. Conditions for patentability; novelty

`(a) Novelty; Prior Art- A person shall be entitled to a patent unless--

`(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or

`(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.

The legislation includes many additional changes including changes to patent fees. See the U.S. Patent and Trademark Office Leahy-Smith America Invents Act Implementation site for details about the legislation and a timeline for near-term effective dates.

Send comments on the pending legislation to the Whitehouse.

Rules for Patent Maintenance Fees

2011-09-08T14:35:00.000-07:00

[Federal Register Volume 76, Number 173 (Wednesday, September 7, 2011)]
[Notices][Pages 55364-55367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2011-22792]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Rules for Patent Maintenance Fees
ACTION: Proposed collection; comment request.

To see the complete text of this comment request, access: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=2011-22792.

I. Abstract
Under 35 U.S.C. 41 and 37 CFR 1.20(e)-(i) and 1.362-1.378, the United States Patent and Trademark Office (USPTO) charges fees for maintaining in force all utility patents based on applications filed on or after December 12, 1980. Payment of these maintenance fees is due at 3\1/2\, 7\1/2\, and 11\1/2\ years after the date the patent was granted. If the USPTO does not receive payment of the appropriate maintenance fee and any applicable surcharge within a grace period of six months following each of the above due dates (at 4, 8, or 12 years after the date of grant), the patent will expire at that time. After a patent expires, it is no longer enforceable. Maintenance fees are not required for design or plant patents, or for reissue patents if the patent being reissued did not require maintenance fees.

Payments of maintenance fees that are submitted during the six-month grace period before patent expiration must include the appropriate surcharge as indicated by 37 CFR 1.20(h). Submissions of maintenance fee payments and surcharges must include the relevant patent number and the corresponding United States application number in order to identify the correct patent and ensure proper crediting of the fee being paid.

If the USPTO refuses to accept and record a maintenance fee payment that was submitted prior to the expiration of a patent, the patentee may petition the Director to accept and record the maintenance fee under 37 CFR 1.377. This petition must be accompanied by the fee indicated in 37 CFR 1.17(g), which may be refunded if it is determined that the refusal to accept the maintenance fee was due to an error by the USPTO.

If a patent has expired due to nonpayment of a maintenance fee, the patentee may petition the Director to accept a delayed payment of the maintenance fee under 37 CFR 1.378. The Director may accept the payment of a maintenance fee after the expiration of the patent if the petitioner shows to the satisfaction of the Director that the delay in payment was unavoidable or unintentional. Petitions to accept unavoidably or unintentionally delayed payment must also be accompanied by the required maintenance fee and appropriate surcharge under 37 CFR 1.20(i). If the Director accepts the maintenance fee payment upon petition, then the patent is reinstated. If the USPTO denies a petition to accept delayed payment of a maintenance fee in an expired patent, the patentee may petition the Director to reconsider that decision under 37 CFR 1.378(e). This petition must be accompanied by the fee indicated in 37 CFR 1.17(f), which may be refunded if it is determined that the refusal to accept the maintenance fee was due to an error by the USPTO.

The rules of practice (37 CFR 1.33(d) and 1.363) permit applicants, patentees, assignees, or their representatives of record to specify a ``fee address'' for correspondence related to maintenance fees that is separate from the correspondence address associated with a patent or application. A fee address must be an address that is associated with a USPTO customer number. Customer numbers may be requested by using the Request for Customer Number form (PTO/SB/125), which is covered under OMB control number 0651-0035. Maintaining a correct and updated address is necessary so that fee-related correspondence from the USPTO will be properly received by the applicant, patentee, assignee, or authorized representative. If a separate fee address is not specified for a patent or application, the USPTO will direct fee-related correspondence to the correspondence address of record.

The USPTO offers forms to assist the public with providing the information covered by this collection, including the information necessary to submit a patent maintenance fee payment (PTO/SB/45), to file a petition to accept an unavoidably or unintentionally delayed maintenance fee payment in an expired patent (PTO/SB/65 and PTO/SB/66),and to designate or change a fee address (PTO/SB/47). No forms are provided for the petitions under 37 CFR 1.377 and 1.378(e).

Customers may submit maintenance fee payments and surcharges incurred during the six-month grace period before patent expiration by using the Maintenance Fee Transmittal Form (PTO/SB/45) or by paying online through the USPTO Web site. However, to pay a maintenance fee after patent expiration, the maintenance fee payment and the appropriate surcharge must be filed together with a petition to accept unavoidably or unintentionally delayed payment. The USPTO accepts online maintenance fee payments by credit card, deposit account, or electronic funds transfer (EFT). Otherwise, non-electronic payments may be made by check, credit card, or deposit account.

Customers may submit the other forms and petitions in this collection electronically through EFS-Web, the USPTO's online filing system. The USPTO also offers a special EFS-Web version of Form PTO/SB/66, which is used for the automatic processing and immediate rendering of a decision on a petition to accept an unintentionally delayed maintenance fee payment.

One Year Retention of Paper Copies of Digital Files

2011-08-29T09:09:00.000-07:00

[Federal Register Volume 76, Number 167 (Monday, August 29, 2011)]
[Notices][Pages 53667-53670]
From the Federal Register Online via the Government Printing Office [www.gpo.gov][FR Doc No: 2011-21964]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2011-0032]
Establishing a One-Year Retention Period for Patent-Related Papers That Have Been Scanned Into the Image File Wrapper System or the Supplemental Complex Repository for Examiners

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for Comments
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To see the complete text of this comment request access:http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr29au11-22.

SUMMARY: The United States Patent and Trademark Office (USPTO) is considering establishing a retention period of one year for patent-related papers that have been scanned into the Image File Wrapper system (IFW) or the Supplemental Complex Repository for Examiners (SCORE). Specifically, the USPTO is considering establishing a one-year retention period that begins on September 1, 2011, for papers scanned into IFW or SCORE prior to September 1, 2011; or a paper's submission date, for papers scanned into IFW or SCORE on or after September 1, 2011. After the expiration of the one-year retention period (after September 1, 2012, or later), the USPTO would dispose of the paper unless, within sufficient time prior to disposal of the paper, the relevant patent applicant, patent owner, or reexamination party files a bona fide request to correct the electronic record of the paper in IFW or SCORE, and the request remains outstanding at the time disposal of the paper would have otherwise occurred. Establishing a one-year retention period for papers scanned into IFW or SCORE would replace the USPTO's past practice of indefinitely retaining the papers, which has been rendered unnecessary and cost-ineffective by improvements in scanning and indexing.

DATES: Comment Deadline Date: To be ensured of consideration, written comments must be received on or before October 28, 2011. No public hearing will be held.

U.S.-China Intellectual Property Cooperation

2011-08-08T08:43:00.000-07:00

According to a July 21, 2011 press release, the United States Patent and Trademark Office (USPTO) has entered into an agreement with The Jiangsu Provincial People’s Government in the People’s Republic of China to establish a general framework for future cooperation. The Memorandum of Understanding (MOU), the first of its kind between the U.S. government and a provincial government, targets "improving enforcement and collaboration on intellectual property matters through exchanges of information, capacity building, and other educational activities."

The United States also has agreements with China's State Intellectual Property Office (SIPO), Trademark Office and National Copyright Administration.

USPTO Training Portal Open to the Public

2011-07-21T11:52:00.000-07:00

In cooperation with the National Technical Information Service (NTIS), the United States Patent and Trademark Office (USPTO) is making available to the public the same courses patent examiners take. Taking these courses should help inventors understand the process examiners use and, therefore, communicate better with examiners. You can select a course from a catalog, set up an account, and enroll in free titles or purchase courses from the library. For more information and/or to enroll in a course access the USPTO Public Training Portal.

Statutory Invention Registration vs 1.211 Publication of an Application

2011-07-19T09:32:00.000-07:00

Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Notices] [Pages 42684-42686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov] [FR Doc No: 2011-18092]

DEPARTMENT OF COMMERCE
Patent and Trademark Office
Statutory Invention Registration
ACTION: Proposed collection; comment request.

To see the complete text of this comment request access:http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr19jy11-61.

SUPPLEMENTARY INFORMATION: I. Abstract
An applicant for an original patent may request, at any time during the pendency of the applicant's pending complete application, that the specification and drawings be published as a statutory invention registration (SIR). A published SIR is not a patent. It has the defensive attributes of a patent, e.g., it is usable as a reference as of its filing date in the same manner as a patent, but does not have the enforceable attributes of a patent. Historically, applicants have requested that the USPTO publish their patent applications as SIRs in certain instances when, for any of a variety of reasons, applicants no longer wanted to go through the effort and expense of obtaining patents on the inventions claimed in the applications. However, given that 37 CFR 1.211 requires the publication of most nonprovisional applications filed on or after November 29, 2000, applicants have increasingly found 1.211 publication of an application to be a desirable alternative to requesting an SIR, particularly since 1.211 publication of the application is achieved without any waiver of patent rights.

35 U.S.C. 157 authorizes the USPTO to publish an SIR containing the specifications and drawings of a regularly filed application for a patent without examination if the applicant: (i) Meets the requirements of 35 U.S.C. 112; (ii) has complied with the requirements for printing; (iii) waives the right to receive a patent on the invention claimed effective upon the date of publication of the SIR; and (iv) pays all application, publication and other processing fees.

The USPTO administers 35 U.S.C. 157 through 37 CFR 1.293-1.297. Any request for an SIR is examined to determine whether the subject matter of the application is appropriate for publication and all other requirements have been met, including the requirements of 35 U.S.C. 112 and 37 CFR 1.293.

The requester may petition the USPTO to review rejection decisions within one month or other such time as is set forth in the decision refusing publication. The requester may also petition the USPTO to withdraw a request to publish an SIR prior to the date of the notice of the intent to publish.

If the request for an SIR is approved, a notice to that effect will be published in the Official Gazette of the USPTO. Each SIR that is published will include a statement relating to the attributes of an SIR.

The public uses form PTO/SB/94, Request for Statutory Invention Registration, to request and authorize publication of a regularly filed patent application as an SIR, to waive the right to receive a United States patent on the same invention claimed in the identified patent application, to agree that the waiver will be effective upon publication of the SIR, and to state that the identified patent application complies with the requirements for printing. No forms are associated with the petition for a review of the refusal to publish an SIR or the petition to withdraw the request for publication of an SIR.

Changes in Trademark Requirements

2011-07-12T08:20:00.000-07:00

[Federal Register Volume 76, Number 133 (Tuesday, July 12, 2011)]
[Proposed Rules][Pages 40839-40844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17121]

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Changes in Requirements for Specimens and for Affidavits or
Declarations of Continued Use or Excusable Nonuse in Trademark Cases
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Proposed rule.
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SUMMARY: In order to help assess and ensure the accuracy of the trademark register, the United States Patent and Trademark Office (``USPTO'') proposes to revise the Trademark Rules of Practice and the Rules of Practice for Filings Pursuant to the Madrid Protocol to provide for the USPTO to require: any information, exhibits, and affidavits or declarations deemed reasonably necessary to examine an affidavit or declaration of continued use or excusable nonuse in trademark cases, or for the USPTO to assess the accuracy and integrity of the register; and upon request, more than one specimen in connection with a use-based trademark application, an allegation of use, an amendment to a registered mark, or an affidavit or declaration of continued use in trademark cases. A lack of ability to rely on the trademark register as an accurate reflection of marks that are actually in use in the United States for the goods/services identified in the registration imposes costs and burdens on the public. The proposed rules will allow the USPTO to require additional proof of use of a mark to verify the accuracy of claims that a trademark is in use on particular goods/services. The USPTO anticipates issuing requirements for such proof in a relatively small number of cases to assess the accuracy of the identifications. The proposed rules will facilitate an assessment of the reliability of the trademark register in this regard, so that the USPTO and stakeholders may determine whether and to what extent a general problem may exist and consider measures to address it, if necessary.

To see the complete text of this proposed rule access: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr12jy11-18.

Patent Prosecution Highway (PPH) Program

2011-07-08T14:09:00.000-07:00

[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices][Pages 40339-40341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov][FR Doc No: 2011-17077]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Prosecution Highway (PPH) Program
ACTION: Proposed collection; comment request.

To view the complete text of this comment request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr08jy11-43
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SUPPLEMENTARY INFORMATION:
I. Abstract
The Patent Prosecution Highway (PPH) pilot program was originally established between the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) on July 3, 2006. The USPTO and the JPO agreed at the November 2007 Trilateral Conference to fully implement the PPH program on a permanent basis starting on January 4, 2008.

The USPTO entered into a PPH pilot program with the United Kingdom Intellectual Property Office (UKIPO) on September 4, 2007. Since then, additional PPH pilot programs have [[Page 40340]]been established between the USPTO and the intellectual property offices of several other countries. Some of the pilot programs, such as those with Japan, Canada, and South Korea, have become permanent.

The PPH program allows applicants whose claims are determined to be patentable in the office of first filing to have the corresponding application that is filed in the office of second filing be advanced out of turn for examination. At the same time, the PPH program allows the office of second filing to exploit the search and examination results of the office of first filing, which increases examination efficiency and improves patent quality. The PCT-PPH pilot program is an expansion to the PPH program based on the framework of the Patent Cooperation Treaty (PCT). Information collected for the PCT is approved under OMB control number 0651-0021.

PPH agreements streamline the patent system by allowing patent examiners to avail themselves of the work product from other participating patent offices. Originally, the PPH program was limited to the utilization of search and examination results of national applications between cross filings under the Paris Convention. The newer PCT-PPH agreements have greatly expanded the potential of the PPH program by permitting participating patent offices to draw upon the positive results of the PCT work product from another participating office. The PCT-PPH pilot program uses international written opinions and international preliminary examination reports developed within the framework of the PCT, thereby making the PPH program available to a larger number of applicants.

The forms in this collection allow participants to file a request in a corresponding U.S. application and petition to make the U.S. application special under the PPH or PCT-PPH program. The PPH forms collect similar data; however, there is a unique form for each participant. This collection includes forms for these current PPH programs with the USPTO: Japan Patent Office (JPO), United Kingdom Intellectual Property Office (UKIPO), Canadian Intellectual Property Office (CIPO), Danish Patent and Trademark Office (DKPTO), European Patent Office (EPO), Korean Intellectual Property Office (KIPO), Intellectual Property Office of Australia (IPAU), Intellectual Property Office of Singapore (IPOS), German Patent and Trade Mark Office (DPMA), National Board of Patents and Registration of Finland (NBPR), Russian Patent Office (ROSPATENT), Hungarian Patent Office (HPO), Spanish Patent and Trademark Office (SPTO), Austrian Patent Office (APO), and the Mexican Institute of Industrial Property (IMPI). This collection also includes forms for these upcoming PPH programs that are being planned with the USPTO: Israeli Patent Office, State Intellectual Property Office of the P.R.C. (SIPO), Instituto Nacional da Propriedade Industrial (INPI), and the Taiwan Intellectual Property Office (TIPO).

This collection includes forms for these current PCT-PPH pilot programs with the USPTO: EPO, JPO, KIPO, APO, ROSPATENT, SPTO, IPAU, NBPR, the Swedish Patent and Registration Office (PRV), and in U.S. applications where the USPTO was the International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA). This collection also includes forms for these upcoming PCT-PPH pilot programs that are being planned with the USPTO: CIPO, SIPO, and the Nordic Patent Institute (NPI).

Adjust Patent Fees

2011-07-06T14:28:00.000-07:00

[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Proposed Rules][Pages 37296-37300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov][FR Doc No: 2011-16001]
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SUMMARY: The United States Patent and Trademark Office (Office) is
proposing to adjust certain patent fee amounts for fiscal year 2012 to
reflect fluctuations in the Consumer Price Index (CPI). The patent
statute provides for the annual CPI adjustment of patent fees set by
statute to recover the higher costs associated with doing business.

DATES: Written comments must be received on or before July 27, 2011. No public hearing will be held.

ADDRESSES: You may submit comments, identified by RIN number RIN 0651-AC44, by any of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
E-mail: Walter.Schlueter@uspto.gov. Include RIN number RIN 0651-AC44 in the subject line of the message.
Fax: (571) 273-6299, marked to the attention of Walter Schlueter.
Mail: Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Walter Schlueter.

Instructions: All submissions received must include the agency name and Regulatory Information Number (RIN) for this proposed rule making. For additional information on the rule making process, see the heading of the SUPPLEMENTARY INFORMATION section of this document.

To view the full text of this proposed rule, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr27jn11-28

First Action Interview Program Pilot for Patents

2011-06-22T15:01:00.000-07:00

The Full First Action Interview Pilot Program, an expansion of the Enhanced First Action Interview Pilot Program for patents, will run through May 16, 2012. It will include all utility applications in all technology areas and filing dates. Under the program applicants may request a first action interview prior to the first Office action on the merits.

The program is an expansion of the Enhanced First Action Interview Pilot Program which listed as benefits: 1) the ability to advance prosecution of an application; (2) enhanced interaction between the applicant and the examiner; (3) the opportunity to resolve patentability issues one-on-one with the examiner at the beginning of the prosecution process and; (4) the opportunity to facilitate early allowance.

The USPTO revealed that "approximately 34 percent of the applications in the First Action Interview Pilot Programs were allowed on the first action on the merits, as compared to approximately 11 percent on average across all technologies for new non-continuing applications."

For more information about the expanded pilot project see http://www.uspto.gov/patents/init_events/faipp_full_preog.pdf.

Patent Agent/Attorney Registration - Reasonable Accommodation Form

2011-05-31T10:39:00.000-07:00

[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices][Pages 31306-31307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov][FR Doc No: 2011-13369]

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Admittance to Practice and Roster of Registered Patent Attorneys
and Agents Admitted to Practice Before the United States Patent and
Trademark Office (USPTO) (Proposed Addition)

ACTION: Proposed collection; comment request.
To view the full text of this comment request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr31my11-51.

SUPPLEMENTARY INFORMATION:

I. Abstract

This collection of information is required by 35 U.S.C. 2(b)(2)(D), which permits the United States Patent and Trademark Office (USPTO) to establish regulations governing the recognition and conduct of agents, attorneys or other persons representing applicants or other parties before the USPTO. This statute also permits the USPTO to require information from applicants that shows that they are of good moral character and reputation and have the necessary qualifications to assist applicants with the patent process and to represent them before the USPTO.

The USPTO administers the statute through 37 CFR 1.21, 11.5-11.14 and 11.28. These rules address the requirements to apply for the examination for registration and to demonstrate eligibility to be a registered attorney or agent before the USPTO. The Office of Enrollment and Discipline (OED) collects information to determine the qualifications of individuals entitled to represent applicants before the USPTO in the preparation and prosecution of applications for a patent. The OED also collects information to administer and maintain the roster of attorneys and agents registered to practice before the USPTO. Information concerning registered attorneys and agents is published by the OED in a public roster that can be accessed through the USPTO Web site.

The USPTO is introducing a new form, Request for Reasonable Accommodation, to facilitate an applicant's request for reasonable accommodation when they apply for the examination for registration to practice before the USPTO. A copy of this new form will be available at http://www.uspto.gov/news/fedreg/fr_2011.jsp. This information is currently collected without a form as part of the approved item, Application for Registration to Practice Before the United States Patent and Trademark Office (PTO Form 158). Applicants currently check Box 1a and then provide the necessary supporting documentation as an attachment (see the form with instructions and details on page 18 at http://www.uspto.gov/ip/boards/ord/grb.pdf). This new form will assist applicants in providing the USPTO with the correct and necessary supporting documentation through a standardized format.

To the extent possible, the applicant must provide detailed responses to the questions in the Applicant's Statement. The applicant must also provide a completed Licensed Health Care Professional's Statement and/or other acceptable evidence to support the claim.

An applicant who received a reasonable accommodation(s) for a prior registration examination must submit a new Applicant's Statement with each new Application for Registration (PTO Form 158). Depending on the type of impairment from which the applicant suffers, the applicant has the option of submitting a new Licensed Health Care Professional's Statement as well. In deciding whether to submit a new Licensed Health Care Professional's Statement, the applicant is advised to consider that the Agency's determination of both whether to grant an accommodation and what [[Page 31307]] accommodation(s) is appropriate is based on an assessment of the current impact of the applicant's disability on the testing activity. For example, if the applicant suffers from an impairment that is temporary or changes over time, it may not be possible for the Agency to assess whether an accommodation should be granted if the Licensed Health Care Professional's Statement is not current. For chronic or long-term conditions, a new Licensed Health Care Professional's Statement may not be necessary.

Correspondence Address for Patents

2011-05-10T13:21:00.000-07:00

[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices][Pages 27020-27022]
From the Federal Register Online via the Government Printing Office
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Representative and Address Provisions

ACTION: Proposed collection; comment request.
I. Abstract

Under 35 U.S.C. 2 and 37 CFR 1.31-1.36, a patent applicant or assignee of record may grant power of attorney to a person who is registered to practice before the United States Patent and Trademark Office (USPTO) to act for them in a patent or application. A power of attorney may also be revoked, and a registered practitioner may also withdraw as attorney or agent of record under 37 CFR 1.36. The rules of practice (37 CFR 1.33) also provide for the applicant, assignee, or practitioner of record to supply a correspondence address and daytime telephone number for receiving notices, official letters, and other communications from the USPTO. Maintaining a correct and updated correspondence address is necessary so that official correspondence from the USPTO related to a patent or application will be properly received by the applicant, assignee, or practitioner.

The USPTO's Customer Number practice permits applicants, assignees, and practitioners of record to change the correspondence address or representatives of record for a number of patents or applications with one change request instead of filing separate requests for each patent or application.
[[Page 27021]]
Customers may request a Customer Number from the USPTO and associate this Customer Number with a correspondence address or a list of registered practitioners. Any changes to the address or practitioner information associated with a Customer Number will be applied to all patents and applications associated with that Customer Number.

The Customer Number practice is optional, in that changes of correspondence address or power of attorney may be filed separately for each patent or application without using a Customer Number. However, a Customer Number associated with the correspondence address for a patent application is required in order to access private information about the application using the Patent Application Information Retrieval (PAIR) system, which is available through the USPTO Web site. The PAIR system gives authorized individuals secure online access to application status information, but only for patent applications that are linked to a Customer Number. Customer Numbers may be associated with U.S. patent applications as well as international Patent Cooperation Treaty (PCT) applications. The use of a Customer Number is also required in order to grant power of attorney to more than ten practitioners or to establish a separate ``fee address'' for maintenance fee purposes that is different from the correspondence address for a patent or application.

In addition to the forms offered by the USPTO to assist customers with providing the information in this collection, customers may also format requests using a Customer Number Upload Spreadsheet to designate or change the correspondence address or fee address for a list of patents or applications by associating them with a Customer Number. The Customer Number Upload Spreadsheet must be submitted to the USPTO on a computer-readable diskette or compact disc (CD), accompanied by a signed cover letter requesting entry of the address changes for the listed patents and applications. The spreadsheet and cover letter must be mailed to the USPTO and cannot be filed electronically. Customers may download a Microsoft Excel template with instructions from the USPTO Web site to assist them in preparing the spreadsheet in the proper format. The Customer Number Upload Spreadsheet may not be used to change the power of attorney for patents or applications.

This information collection includes the information necessary to submit a request to grant or revoke power of attorney for an application, patent, or reexamination proceeding, and for a registered practitioner to withdraw as attorney or agent of record. This collection also includes the information necessary to change the correspondence address for an application, patent, or reexamination proceeding, to request a Customer Number and manage the correspondence address and list of practitioners associated with a Customer Number, and to designate or change the correspondence address or fee address for one or more patents or applications by using a Customer Number.

To view the full text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr10my11-39.

Public Meeting About Streamlined Patent Reexamination

2011-04-25T13:16:00.000-07:00

[Federal Register: April 25, 2011 (Volume 76, Number 79)]
[Proposed Rules][Page 22854-22861]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap11-23]

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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Chapter I
[Docket No.: PTO-P-2011-0018]

Streamlined Patent Reexamination Proceedings; Notice of Public Meeting

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of public meeting; request for comments.

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SUMMARY: This document announces a public meeting to solicit public opinions on a number of changes being considered by the United States Patent and Trademark Office (USPTO) to streamline the procedures governing ex parte and inter partes reexamination proceedings. These changes are intended to achieve faster, more efficient resolution of the substantial new question of patentability (SNQ) for which reexamination is ordered. The proposed changes in this document are divided into three categories: changes to both ex parte and inter partes reexaminations, changes specific to ex parte reexamination, and changes specific to inter partes reexamination. After soliciting public opinions regarding this document, the USPTO may seek to adopt one or more of the proposed changes or a modified version thereof, or other changes suggested by the public, through a rule making or through internal operational changes as appropriate.

DATES: The public meeting will be held on June 1, 2011, beginning at 1:30 p.m.
Persons interested in attending the meeting must register by 5 p.m., Eastern Standard Time (EST), on May 25, 2011.
Written comments must be submitted by June 29, 2011.
ADDRESSES: The public meeting will be held at the USPTO, in the South Auditorium of Madison West, 600 Dulany Street, Alexandria, VA 22314.

Written comments should be sent by electronic mail message over the Internet addressed to reexamimprovementcomments@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Kenneth M. Schor. Although comments may be submitted by mail, submission via e-mail to the above address is preferable.

The written comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included.

For Registration to Give a Presentation at the Meeting: If you wish to make an oral presentation at the meeting, you must register by sending an e-mail to reexamimprovementcomments@uspto.gov, by 5 p.m. EST, on May 11, 2011. See the registration information provided below.

To view the full text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr25ap11-23 .

Nominations for Patent and Trademark Advisory Committees

2011-04-14T13:57:00.000-07:00

[Federal Register: April 14, 2011 (Volume 76, Number 72)]
[Notices][Page 20960-20961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap11-48]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office[Docket No. PTO-C-2011-0022]
Public Advisory Committees

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice and request for nominations.
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SUMMARY: On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ``Act''), Public Law 106-113,which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters (now codified at 35 U.S.C. 5). The USPTO is requesting nominations for three (3) members to each Public Advisory Committee for terms of three years that begin at the expiration of the predecessors' terms, or on October 6, 2011.

DATES: Nominations must be postmarked or electronically transmitted on or before May 20, 2011.

ADDRESSES: Persons wishing to submit nominations should send the nominee's resum[eacute] to Chief of Staff, Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450; by electronic mail to: PPACnominations@uspto.gov for the Patent Public Advisory Committee or TPACnominations@uspto.gov for the Trademark Patent Public Advisory Committee; by facsimile transmission marked to the Chief of Staff's attention at (571) 273-0464, or by mail marked to the Chief of Staff's attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450.

FOR FURTHER INFORMATION CONTACT: Andrew H. Hirshfeld, Chief of Staff, by facsimile transmission marked to his attention at (571) 273-0464, or by mail marked to his attention and addressed to the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, Post Office Box 1450, Alexandria, Virginia 22313-1450.

To see the full text of this request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr14ap11-48.

Exhibit at Smithsonian Spotlights American Innovation

2011-04-14T13:40:00.000-07:00

According to a USPTO press release, the Smithsonian American Art Museum will host a special exhibit July 15, 2011 - Jan. 8, 2012 spotlighting American innovation. Entitled The Great American Hall of Wonders, the exhibit includes "works of art, mechanical inventions, and scientific discoveries."

The United States Patent and Trademark Office (USPTO)and the museum have also developed educational outreach programs in conjuction with the exhibit. The programs include "webcast public lectures, an inventors’ symposium and clinic, and hands-on activities for children and families, as well as outreach to schools and professional development workshops for educators."

Revision of Patent Term Extension and Adjustment Provisions

2011-04-06T18:26:00.000-07:00

[Federal Register: April 6, 2011 (Volume 76, Number 66)]
[Proposed Rules][Page 18990-18995]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ap11-25]
===========================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1 [Docket No.: PTO-P-2011-0014] RIN 0651-AC56

Revision of Patent Term Extension and Adjustment Provisions Relating to Appellate Review and Information Disclosure Statements

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of proposed rulemaking.

SUMMARY: The United States Patent and Trademark Office (Office) is proposing to revise the patent term adjustment and extension provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) and the patent term extension provisions of the Uruguay Round Agreements Act (URAA) each provide for patent term extension or adjustment if the issuance of the patent was delayed due to appellate review by the Board of Patent Appeals and Interferences (BPAI) or by a Federal court and the patent was issued pursuant to or under a decision in the review reversing an adverse determination of patentability. The Office is proposing to change the rules of practice to indicate that in most circumstances an examiner reopening prosecution of the application after a notice of appeal has been filed will be considered a decision in the review reversing an adverse determination of patentability for purposes of patent term adjustment or extension purposes. Therefore, in such situations, patentees would be entitled to patent term extension or adjustment. In addition, the AIPA provides 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 also proposing to change 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 by a foreign patent office in a counterpart
[[Page 18991]]
application that are promptly filed with the Office. For example, under the proposed rule, there would not be a 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.

DATES: Written comments must be received on or before May 6, 2011. No public hearing will be held.

To see the full text of this proposed rule, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr06ap11-25.

Prioritized Examination

2011-04-04T12:15:00.000-07:00

[Federal Register: April 4, 2011 (Volume 76, Number 64)]
[Rules and Regulations][Page 18399-18407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap11-20]

==================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No.: PTO-P-2010-0092]RIN 0651-AC52

Changes To Implement the Prioritized Examination Track (Track I)
of the Enhanced Examination Timing Control Procedures

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
[[Page 18400]]
SUMMARY: The United States Patent and Trademark Office (Office) is revising the rules of practice in patent cases to implement a procedure under which applicants may request prioritized examination at the time of filing of an application upon payment of appropriate fees and compliance with certain requirements. In June of 2010, the Office requested comments on a proposal to provide applicants with greater control over when their utility and plant applications are examined and to promote greater efficiency in the patent examination process (3-Track). The Office, in addition to requesting written comments, conducted a public meeting to collect input from the public. The vast majority of public comments and input that the Office received were supportive of the prioritized examination track (Track I) portion of the 3-Track proposal. While the Office is in the process of considering and revising the other portions of the 3-Track proposal in view of the public comments and input, the Office wishes to implement the prioritized examination track (Track I) now to provide the procedure for prioritized examination to applicants as quickly as possible. In February of 2011, the Office published a notice of proposed rule making to set forth the proposed procedure for prioritized examination and to seek public comments on the proposed procedure. The Office considered the public comments and revised the proposed procedure in view of the public comments. The Office, in this final rule, is revising the rules of practice to implement the optional procedure for prioritized examination. The aggregate goal for processing applications under prioritized examination is to provide a final disposition within twelve months of prioritized status being granted. The Office is initially limiting requests for prioritized examination to a maximum of 10,000 applications during the remainder of fiscal year 2011.

DATES: Effective Date: The changes set forth in this rule are effective May 4, 2011. Applicability date: A request for prioritized examination may be submitted with any original utility or plant application filed on or after May 4, 2011.

To see the full text of this final rule, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr04ap11-20.

2011-03-09T14:09:00.000-08:00

[Federal Register: March 2, 2011 (Volume 76, Number 41)]
[Notices][Page 11429-11430]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02mr11-45]
------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Submission for OMB Review; Comment Request

Title: Native American Tribal Insignia Database.

Needs and Uses: The Trademark Law Treaty Implementation Act of 1998 (Pub. L. 105-330, Sec. 302, 112 Stat. 3071) required the USPTO to study issues surrounding the protection of the official insignia of federally and state-recognized Native American tribes under trademark law. At the direction of Congress, the USPTO created a database containing the official insignia of recognized Native American tribes.

The insignia database serves as a reference for examining attorneys when determining the registrability of a mark that may falsely suggest a connection to the official insignia of a Native American tribe. The entry of an official insignia into the database does not confer any rights to the tribe that submitted the insignia, and entry is not the legal equivalent of registering the insignia as a trademark under 15 U.S.C. 1051 et seq.

This information collection is used by the USPTO to enter an official insignia submitted by a federally or state-recognized Native American tribe into the database. There are no forms associated with this collection.

To view the complete text of this comment request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr02mr11-45.

Patent Claims Guidelines

2011-02-09T15:04:00.000-08:00

[Federal Register: February 9, 2011 (Volume 76, Number 27)]
[Notices][Page 7162-7175]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe11-35]
---------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0088]

Supplementary Examination Guidelines for Determining Compliance
With 35 U.S.C. 112 and for Treatment of Related Issues in Patent
Applications

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
-----------------------------------------------------------
SUMMARY: These supplementary guidelines are intended to assist United States Patent and Trademark Office (Office) personnel in the examination of claims in patent applications for compliance with 35 U.S.C. 112, second paragraph, which requires that claims particularly point out and distinctly claim the subject matter that applicant regards as his or her invention. In addition, supplemental information is provided to assist Office personnel in the examination of claims that contain functional language for compliance with 35 U.S.C. 112, especially computer-implemented invention claims...

For an idea of what is in the notice, here is a partial excerpt from Step 1.
II. Step 1--Interpreting the Claims

A. Broadest Reasonable Interpretation: The first step to examining a claim to determine if the language is definite is to fully understand the subject matter of the invention disclosed in the application and to ascertain the boundaries of that subject matter encompassed by the claim. During examination, a claim must be given its broadest reasonable interpretation consistent with the specification as it would be interpreted by one of ordinary skill in the art. Because the applicant has the opportunity to amend claims during prosecution, giving a claim its broadest reasonable interpretation will reduce the possibility that the claim, once issued, will be interpreted more broadly than is justified.\1\ The focus of the inquiry regarding the meaning of a claim should be what would be reasonable from the perspective of one of ordinary skill in the art.\2\ See MPEP Sec. 2111 for a full discussion of broadest reasonable interpretation. Under a broadest reasonable interpretation, words of the claim must be given their plain meaning, unless such meaning is inconsistent with the specification. The plain meaning of a term means the ordinary and customary meaning given to the term by those of ordinary skill in the art at the time of the invention. The ordinary and customary meaning of a term may be evidenced by a variety of sources, including the words of the claims themselves, the specification, drawings, and prior art. However, the best source for determining the meaning of a claim term is the specification--the greatest clarity is obtained when the specification serves as a glossary for the claim terms. The presumption that a term is given its ordinary and customary meaning may be rebutted by the applicant by clearly setting forth a different definition of the term in the specification.\3\ When the specification sets a clear path to the claim language, the scope of the claims is more easily determined and the public notice function of the claims is best served. See MPEP Sec. 2111.01 for a full discussion of the plain meaning of claim language.

To view the complete text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr09fe11-35.

National Medal of Technology and Innovation Nominations

2011-02-09T14:02:00.000-08:00

Nominations for the 2011 National Medal of Technology and Innovation to be awarded by the President of the United States are due March 31, 2011 by 5 p.m. (ET). "The Medal is awarded annually to individuals, teams (up to four individuals), companies or divisions of companies for their outstanding contributions to America’s economic, environmental and social well-being." More information about the requirements is available at http://www.uspto.gov/about/nmti/index.jsp. Guidelines and nomination forms are available at http://www.uspto.gov/about/nmti/guidelines.jsp.

Changes To Implement the Prioritized Examination Track

2011-02-07T07:46:00.000-08:00

[Federal Register: February 4, 2011 (Volume 76, Number 24)]
[Proposed Rules][Page 6369-6376]
From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr04fe11-18]

======================================================

DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1 [Docket No. PTO-P-2010-0092] RIN 0651-AC52

Changes To Implement the Prioritized Examination Track (Track I)
of the Enhanced Examination Timing Control Procedures

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

------------------------------------------------------------
To view the complete text of this proposed rule, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr04fe11-18.

SUMMARY: The United States Patent and Trademark Office (Office)requested comments on a proposal to provide applicants with greater control over when their utility and plant applications are examined and to promote greater efficiency in the patent examination process (3-Track). The Office, in addition to requesting written comments, conducted a public meeting to collect input, and has subsequently considered the wide range of comments received. The Office is in the process of refining the 3-Track proposal in light of the input. While that process continues, and in light of the fact that the vast majority of public input was supportive of the Track I portion of the 3-Track proposal, the Office proposes by this Notice to proceed with immediate implementation of the Prioritized Examination Track (Track I), providing fast examination for applicants desiring it, upon payment of the applicable fee and compliance with the additional requirements as described below.
(To view the additional requirements of this proposed rule, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr04fe11-18.)

DATES: Comment Deadline Date: Written comments must be received on or
before March 7, 2011. No public hearing will be held. (See the complete text for contact information.)

New USPTO Detroit Office

2011-01-24T13:25:00.000-08:00

In December the USPTO announced plans to open a satellite office in Detroit that will create new patent examiner jobs in an effort to reduce the patent backlog. See the Dec. 16, 2010 press release for more details.

The USPTO has now opened an email address, DetroitHiring@uspto.gov, for those seeking more information about job opportunities and the hiring process for the new office.

"The Detroit office – the first-ever USPTO regional office – is scheduled to open later this year, and the hiring of patent examiners is slated to begin in the spring. More than 100 new positions are expected to be filled within the office’s first year of opening."

Coding of Design Marks in Trademark Registrations

2011-01-03T08:24:00.000-08:00

[Federal Register: December 28, 2010 (Volume 75, Number 248)]
[Notices][Page 81587-81589]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de10-79]
----------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-T-2010-0090]

Coding of Design Marks in Registrations
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice and request for comments.
-------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (``USPTO'') proposes to discontinue its secondary design coding, the practice of coding newly registered trademarks in its searchable electronic database with design mark codes based on the old paper search designations.

DATES: Comments must be received by January 27, 2011 to ensure
consideration.

To view the complete text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr28de10-79.

Extending Time to Reply to a Missing Parts Notice for a Nonprovisional Application

2010-12-08T18:19:00.000-08:00

Federal Register: December 8, 2010 (Volume 75, Number 235)]
[Notices][Page 76401-76405]

Pilot Program for Extended Time Period To Reply to a Notice To
File Missing Parts of Nonprovisional Application

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr08de10-50
-------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) previously published a notice requesting comments on a proposed change to missing parts practice in nonprovisional applications. The USPTO has considered the comments and is implementing a pilot program (Extended Missing Parts Pilot Program) in which an applicant can request a twelve-month time period to pay certain fees and to reply to a Notice to File Missing Parts of Nonprovisional Application. Under the Extended Missing Parts Pilot Program, applicant must file a nonprovisional application within twelve months of the filing date of a provisional application and directly claim the benefit of the provisional application, as well as submit a certification and request to participate in the Extended Missing Parts Pilot Program with the nonprovisional application. In addition, applicant must not file a nonpublication request. Applicant will be given a twelve-month period to decide whether the nonprovisional application should be completed by paying the search fee, the examination fee, any excess claim fees, and the surcharge ($130.00 for non-small entity or $65.00 for small entity) for the late submission of the search fee and examination fee within that twelve-month period. The nonprovisional application will be published under the existing eighteen-month publication provisions. Therefore, applicant should also submit the basic filing fee, an executed oath or declaration, and application papers that are in condition for publication, on filing of the application with the request to participate in the pilot. If the basic filing fee, an executed oath declaration, and/or application papers that are in condition for publication are not submitted with the application and the request to participate in the pilot, applicant will need to submit these items within a two-month (extendable) time period. In view of the comments, the USPTO is cautiously moving forward by implementing the proposed procedure as a pilot program. Specifically, the pilot program will require applicant to submit a certification and request to participate in the pilot program, rather than automatically applying the procedure to all applicants. The USPTO is providing a certification and request form that includes educational information regarding domestic benefit claims, foreign filings, patent term adjustment (PTA) effects, the need for a complete disclosure of the invention, potential increase in fees, and the benefits of submitting a complete set of claims. In addition, the USPTO is implementing a number of educational initiatives to assist independent inventors and other applicants. The Extended Missing Parts Pilot Program will benefit 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 will benefit 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. Applicants are advised that the extended missing parts period does not affect the twelve-month priority period provided by the Paris Convention for the Protection of Industrial Property. Thus, any foreign filings must still be made within twelve months of the filing date of the provisional application if applicant wishes to rely on the provisional application in the foreign-filed application or if protection is desired in a country requiring filing within twelve months of the earliest application for which rights are left outstanding in order to be entitled to priority.

DATES: Effective Date: December 8, 2010.

Duration: The Extended Missing Parts Pilot Program will run for twelve months from its effective date. Therefore, any certification and request to participate in the Extended Missing Parts Pilot Program must be filed before December 8, 2011. The USPTO may extend the pilot program (with or [[Page 76402]] without modifications) depending on the feedback received and the effectiveness of the pilot program.

Green Technology Pilot Program Extended

2010-11-10T16:25:00.000-08:00

[Federal Register: November 10, 2010 (Volume 75, Number 217)]
[Notices][Page 69049-69050]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no10-35]
--------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office [Docket No.: PTO-P-2010-0083]

Expansion and Extension of the Green Technology Pilot Program
To view the complete text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr10no10-35

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
---------------------------------------------------------
SUMMARY: On December 8, 2009, the United States Patent and Trademark Office (USPTO) implemented the Green [[Page 69050]] Technology Pilot Program, which permits patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction to be advanced out of turn for examination and reviewed earlier (accorded special status). The program is designed to promote the development of green technologies. Initially, participation was limited to applications filed before December 8, 2009. The USPTO is hereby expanding the eligibility for the pilot program to include applications filed on or after December 8, 2009. The program is also being extended until December 31, 2011. These changes will permit more applications to qualify for the program, thereby allowing more inventions related to green technologies to be advanced out of turn for examination and reviewed earlier.

DATES: Effective Date: November 10, 2010.
Duration: The Green Technology Pilot Program will run until December 31, 2011, except that the USPTO will accept only the first 3,000 grantable petitions to make special under the Green Technology Pilot Program in unexamined applications irrespective of the filing date of the application.

FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer and Joni Y. Chang, Senior Legal Advisors, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at 571-272-7726 or 571-272-7720; or by mail addressed to: Mail Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

U.S./European Joint Patent Classification System

2010-11-02T08:29:00.000-07:00

According to an Oct. 25, 2010 press release, the United States Patent and Trademark Office (USPTO) and the European Patent Office (EPO) are working to establish a joint patent classification system. The new system will align the U.S. and EPO classification systems with the International Patent Classification (IPC)system administered by the World Intellectual Property Organization (WIPO). To improve searching capabilities the new system will be more detailed than the present IPC.

Native American Tribal Insignia Database

2010-10-28T10:14:00.000-07:00

[Federal Register: October 26, 2010 (Volume 75, Number 206)]
[Notices][Page 65611-65612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc10-34]
=================================================
-------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office

Native American Tribal Insignia Database
ACTION: Proposed collection; comment request.

To view the complete text of this comment request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr26oc10-34
--------------------------------------------------------------------
SUPPLEMENTARY INFORMATION:

I. Abstract

The Trademark Law Treaty Implementation Act of 1998 (Pub. L. 105-330, Sec. 302, 112 Stat. 3071) required the United States Patent and Trademark Office (USPTO) to study issues surrounding the protection of the official insignia of federally- and State-recognized Native American tribes under trademark law. The USPTO conducted the study and presented a report to the House and Senate Judiciary Committees on November 30, 1999. One of the recommendations made in the report was that the USPTO create and maintain an accurate and comprehensive database containing the official insignia of all federally- and State-recognized Native American tribes. In accordance with this recommendation, the Senate Committee on Appropriations directed the USPTO to create this database.

The USPTO database of official tribal insignias assists trademark attorneys in their examination of applications for trademark registration. Additionally, the database provides evidence of what a federally- or State-recognized Native American tribe considers to be its official insignia. The database serves as a reference for examining attorneys when determining the registrability of a mark that may falsely suggest a connection to the official insignia of a Native American tribe. The database is also available to the public on the USPTO Web site.

Tribes are not required to request that their official insignia be included in the database. The entry of an official insignia into the database does not confer any rights to the tribe that submitted the insignia, and entry is not the legal equivalent of registering the insignia as a trademark under 15 U.S.C. 1051 et seq. The inclusion of an official tribal insignia in the database does not create any legal presumption of validity or priority, does not carry any of the benefits of Federal trademark registration, and is not a determination as to whether a particular insignia would be refused registration as a trademark pursuant to 15 U.S.C. 1051 et seq.

Requests from federally-recognized tribes to enter an official insignia into the database must be submitted in writing and include:(1) A depiction of the insignia, including the name of the tribe and the address for correspondence; (2) a copy of the tribal resolution adopting the insignia in question as the official insignia of the tribe; and (3) a statement, signed by an official with authority to bind the tribe, confirming that the insignia included with the request is identical to the official insignia adopted by the tribal resolution.

Requests from State-recognized tribes must also be in writing and include each of the three items described above that are submitted by federally-recognized tribes. Additionally, requests from State-recognized tribes must include either: (a) A document issued by a State official that evidences the State's determination that the entity is a Native American tribe; or (b) a citation to a State statute designating the entity as a Native American tribe. The USPTO enters insignia that have been properly submitted by federally- or State-recognized Native American tribes into the database and does not investigate whether the insignia is actually the official insignia of the tribe making the request.

This collection includes the information needed by the USPTO to enter an official insignia for a federally- or State-recognized Native American tribe into a database of such insignia. No forms are associated with this collection.

Performance Review Board (PRB) Appointments

2010-10-14T14:13:00.000-07:00

Federal Register: October 14, 2010 (Volume 75, Number 198)]
[Notices][Page 63147]
From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr14oc10-42] (Reformatted for Web)
----------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2010-0077]

Performance Review Board (PRB)
Agency: United States Patent and Trademark Office, Commerce.
Action: Notice.
------------------------------------------------------
SUMMARY: In conformance with the Civil Service Reform Act of 1978, the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.
ADDRESSES: Director, Human Capital Management, Office of Human Resources, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Karen Karlinchak at (571) 272-8717.
SUPPLEMENTARY INFORMATION: The membership of the United States Patent and Trademark Office Performance Review Board is as follows:

Sharon R. Barner, Chair, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.
Patricia M. Richter, Chief Administrative Officer, United States Patent and Trademark Office.
Robert L. Stoll, Commissioner for Patents, United States Patent and Trademark Office.
Lynne G. Beresford, Commissioner for Trademarks, United States Patent and Trademark Office.
Anthony P. Scardino, Chief Financial Officer, United States Patent and Trademark Office.
John B. Owens II, Chief Information Officer, United States Patent and Trademark Office.
Bernard J. Knight Jr., General Counsel, United States Patent and Trademark Office.

Alternates

Deborah S. Cohn, Deputy Commissioner for Trademark Operations, United States Patent and Trademark Office.
Margaret A. Focarino, Deputy Commissioner for Patent Operations, United States Patent and Trademark Office.

Dated: October 6, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-25860 Filed 10-13-10; 8:45 am] BILLING CODE 3510-16-P

U.S. Patent Application Survey

2010-10-13T18:17:00.000-07:00

Federal Register: October 13, 2010 (Volume 75, Number 197)]
[Notices][Page 62761-62762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc10-32]

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr13oc10-32

---------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request

Title: United States Patent Applicant Survey.

Avg. Hours per Response: The USPTO estimates that it will take the public 30 minutes (0.50 hours) to complete the surveys, with the exception of the surveys for the independent inventors, which are estimated to take 15 minutes (0.25 hours) to complete. This includes the time to gather the necessary information, respond to the surveys, and submit them to the USPTO. The USPTO estimates that it will take the same amount of time to respond to the surveys, whether they are completed online or mailed to the USPTO.

Needs and Uses: The USPTO developed the United States Patent Applicant Survey as part of a continuing effort to better predict the future growth of patent application filings by understanding applicant intentions. The main purpose of this survey is to determine the number of application filings that the USPTO can expect to receive over the next three years from patent-generating entities, ranging from
[[Page 62762]]
large domestic corporations to independent inventors. The USPTO also uses this survey in response to the Senate Appropriations Report 106- 404 (September 8, 2000), which directed the USPTO to ``develop a workload forecast with advice from a representative sample of industry and the inventor community. There are two versions of the survey: one for large domestic corporations and small and medium-sized businesses and one for universities, non-profit research organizations, and independent inventors. The large domestic corporations, small and medium-sized businesses, universities, non-profit research organizations, and independent inventors responding to these surveys will provide the USPTO with the number of application filings that they plan to submit, in addition to providing general feedback concerning industry trends and the survey itself. The USPTO will use this feedback to anticipate demand and estimate future revenue flow more reliably; to identify input and output triggers and allocate resources to meet and understand customer needs; and to reassess output and capacity goals and realign organization quality control measures with applicant by division.

2010-10-06T14:34:00.000-07:00

[Federal Register: October 5, 2010 (Volume 75, Number 192)]
[Notices][Page 61419-61424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc10-35]
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Inquiry on Copyright Policy, Creativity, and Innovation in the
Internet Economy

AGENCY: Office of the Secretary, U.S. Department of Commerce; Patent and Trademark Office, U.S. Department of Commerce; National Telecommunications and Information Administration, U.S. Department of Commerce.

ACTION: Notice of Inquiry.

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr05oc10-35
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SUMMARY: The Department of Commerce's Internet Policy Task Force is conducting a comprehensive review of the relationship between the availability and protection of online copyrighted works and innovation in the Internet economy. The Department, the United States Patent and Trademark Office (USPTO), and the National Telecommunications and Information Administration (NTIA) seek public comment from all interested stakeholders, including rights holders, Internet service providers, and consumers on the challenges of protecting copyrighted works online and the relationship between copyright law and innovation in the Internet economy. After analyzing the comments submitted in response to this Notice, the Internet Policy Task Force intends to issue a report that will contribute to the Administration's domestic policy and international engagement in the area of online copyright protection and innovation.

DATES: Comments are due on or before November 19, 2010.

Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System

2010-09-21T14:25:00.000-07:00

[Federal Register: September 20, 2010 (Volume 75, Number 181)]
[Notices][Page 57261-57262]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20se10-30]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2010-0066]

Request for Comments on Incentivizing Humanitarian Technologies
and Licensing Through the Intellectual Property System

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr20se10-30

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SUMMARY: The United States Patent and Trademark Office (USPTO) is considering pro-business strategies for incentivizing the development and widespread distribution of technologies that address humanitarian needs. One proposal being considered is a fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs. Because patents under reexamination are often the most commercially significant patents, a fast-track reexamination proceeding would allow patent owners to more readily and less expensively affirm the validity of their patents. Therefore, the opportunity to utilize a voucher for a fast-track reexamination proceeding could provide a valuable incentive for entities to pursue humanitarian technologies or licensing. The USPTO is requesting comments from the public regarding this proposal as well as other incentive proposals set forth in this notice.

DATES: Comment Deadline Date: To be ensured of consideration, written comments must be received on or before November 19, 2010. No public hearing will be held.

Patent Examiner Technical Training Program

2010-09-16T13:32:00.000-07:00

[Federal Register: September 15, 2010 (Volume 75, Number 178)]
[Notices][Page 56059-56061]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15se10-47]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2010-0061]
Patent Examiner Technical Training Program
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr15se10-47
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SUMMARY: The United States Patent and Trademark Office (USPTO) is seeking public assistance in providing technical training to patent examiners within all technology centers. The Patent Examiner Technical Training Program (PETTP) is intended to provide scientists and experts as lecturers to patent examiners in order to update them on technical developments, the state of the art, emerging trends, maturing technologies, and recent innovations in their fields. Such guest lecturers must have relevant technical knowledge, as well as familiarity with prior art and industry practices/standards in areas of technology where such lectures would be beneficial.

DATES: Effective Date: September 15, 2010.

FOR FURTHER INFORMATION CONTACT: Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, at (571) 272-7728.

Wynn Coggins, Director of Technology Center (TC) 3600, available at (571) 272-5350, will provide oversight of the Patent Examiner Technical Training Program.

Developments in the Obviousness Inquiry After KSR v.Teleflex

2010-09-01T17:56:00.000-07:00

[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Notices][Page 53643-53660][DOCID:fr01se10-31]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office

Examination Guidelines Update: Developments in the Obviousness
Inquiry After KSR v.Teleflex

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01se10-31
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SUMMARY: The United States Patent and Trademark Office (USPTO or Office) is issuing an update (2010 KSR Guidelines Update) to its obviousness guidelines for its personnel to be used when applying the law of obviousness under [[Page 53644]] 35 U.S.C. 103. This 2010 KSR Guidelines Update highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007 decision by the United States Supreme Court (Supreme Court) in KSR Int'l Co. v. Teleflex Inc. These guidelines are intended to be used by Office personnel in conjunction with the guidance in the Manual of Patent Examining Procedure when applying the law of obviousness under 35 U.S.C. 103. Members of the public are invited to provide comments on the 2010 KSR Guidelines Update. The Office is especially interested in receiving suggestions of recent decisional law in the field of obviousness that would have particular value as teaching tools.
DATES: Effective Date: This 2010 KSR Guidelines Update is effective
September 1, 2010.

Pilot Program - 12 Month Extension to Nonprovisional Missing Parts

2010-09-01T16:55:00.000-07:00

[Federal Register: September 1, 2010 (Volume 75, Number 169)]
[Notices][Page 53631-53632][DOCID:fr01se10-22]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office

Missing Parts Practice

ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01se10-22

SUPPLEMENTARY INFORMATION:

I. Abstract
In response to a number of requests to reduce the costs due one year after filing a provisional application, the USPTO published a Federal Register notice titled ``Request for Comments on Proposed Change to Missing Parts Practice'' proposing a change that would provide applicants with an extended time period to reply to a Notice to File Missing Parts requiring certain fees in a nonprovisional application if certain conditions were met. Based on public feedback, the USPTO is implementing an extended missing parts pilot program which will permit applicants to request a 12-month time period to reply to a Notice to File Missing Parts of Nonprovisional Application to pay certain fees. The pilot program would be scheduled to run for one year.
The extended missing parts pilot program is expected to benefit 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 is also expected to benefit 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 the applicants will later decide not to pursue examination.
There is one form associated with this collection of information. The USPTO has created PTO/SB/421, Request for Extended Missing Parts Pilot Program, for applicants to request participation in the program.

Steamlined Procedure for Review of Appeal Briefs

2010-08-17T14:35:00.000-07:00

[Federal Register: August 17, 2010 (Volume 75, Number 158)]
[Notices][Page 50750-50751]
From the Federal Register Online via GPO Access [wais.access.gpo.gov [DOCID:fr17au10-31]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0065]

Streamlined Procedure for Appeal Brief Review in Inter Partes Reexamination Proceedings

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr17au10-31
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SUMMARY: The United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs filed in inter partes reexamination proceeding appeals to increase the efficiency of the appellate process and to reduce the pendency of appeals. The Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee (collectively, ``Chief Judge''), will have the sole responsibility for determining whether appeal briefs filed in inter partes reexamination proceedings (i.e., appellant's briefs, respondent's briefs, and rebuttal briefs) comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration. The examiner will no longer review appeal briefs for compliance with the applicable regulations. The USPTO expects to achieve a reduction in inter partes reexamination proceeding appeal pendency as measured from the filing of a notice of appeal to the BPAI's docketing of the appeal by eliminating duplicate reviews by the examiner and the BPAI. The USPTO expects further reduction in pendency because the streamlined procedure will increase consistency in the determination, and thereby reduce the number of notices of noncompliant appeal briefs and non-substantive returns from the BPAI that require parties to file corrected appeal briefs in inter partes reexamination proceeding appeals.

DATES: Effective Date: The procedure set forth in this notice is effective on August 17, 2010.
Applicability Date: The procedure set forth in this notice is applicable to any appeal brief (regardless of whether it is an appellant's brief, a respondent's brief, or a rebuttal brief) that is filed in an inter partes reexamination proceeding on or after August 17, 2010.

Waive Patent Owner's Statement - Ex Parte Rexamination Proceedings

2010-08-10T13:14:00.000-07:00

[Federal Register: August 5, 2010 (Volume 75, Number 150)]

[Notices][Page 47269-47270]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr05au10-47]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-P-2010-0056]

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

Pilot Program for Waiver of Patent Owner's Statement in Ex Parte

Reexamination Proceeding

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr05au10-47

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SUMMARY: The United States Patent and Trademark Office (USPTO) recognizes the need to reduce the pendency of reexamination proceedings and improve the efficiency of the reexamination process. The USPTO is considering a number of short and long-range initiatives that can be implemented in three phases. In phase I, the USPTO will implement streamlined procedures, as well as optional programs in which patent owners and third party requesters may elect to participate in order to gain the benefit of shorter pendency. In phases II and III, the USPTO will consider the data gathered from phase I and the feedback from the patent owners and other stakeholders, and implement process changes that are likely to improve efficiency. Such changes may include internal procedural changes, rule making that includes opportunities for the public to comment, and/or administrative proposals for statutory changes to enhance the efficiency of the USPTO in conducting

reexamination proceedings. As part of phase I to reduce pendency and improve efficiency in ex parte reexamination proceedings, the USPTO is implementing, in this notice, a pilot program in which patent owners may waive the right to file a patent owner's statement upon a request made by the USPTO. This will enable USPTO in suitable cases to issue the first Office action on the merits together with or soon after the reexamination order, and thereby reduce the pendency of the proceeding by about three to five months.

DATES: Effective Date: The changes set forth in this notice will take

effect on August 5, 2010.

Guidance - Bilski v. Kappos

2010-08-02T13:54:00.000-07:00

[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Notices][Page 43922-43928]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy10-42]

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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-P-2010-0067]

Interim Guidance for Determining Subject Matter Eligibility for
Process Claims in View of Bilski v. Kappos

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice; Request for comments.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr27jy10-42

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SUMMARY: The United States Patent and Trademark Office (USPTO or Office) has prepared Interim Guidance for Determining Subject Matter Eligibility for Process Claims in view of Bilski v. Kappos (Interim Bilski Guidance) for its personnel to use when determining subject matter eligibility under 35 U.S.C. 101 in view of the recent decision by the United States Supreme Court (Supreme Court) in Bilski v. Kappos, No. 08-964 (June 28, 2010). It is intended to be used by Office personnel as a supplement to the previously issued Interim Examination Instructions for Evaluating Subject Matter Eligibility Under 35 U.S.C. 101 dated August 24, 2009 (Interim Instructions) and the memorandum to the Patent Examining Corps on the Supreme Court Decision in Bilski v. Kappos dated June 28, 2010. This guidance supersedes previous guidance on subject matter eligibility that conflicts with the Interim Bilski Guidance. Any member of the public may submit written comments on the Interim Bilski Guidance. The Office is especially interested in receiving comments regarding the scope and extent of the holding in Bilski.

DATES: The Interim Bilski Guidance is effective July 27, 2010. This guidance applies to all applications filed before, on or after the effective date of July 27, 2010.

Comment Deadline Date: To be ensured of consideration, written comments must be received on or before September 27, 2010. No public hearing will be held.

ADDRESSES: Comments concerning this Interim Bilski Guidance should be sent by electronic mail message over the Internet addressed to Bilski_Guidance@uspto.gov or facsimile transmitted to (571) 273-0125. Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450. Although comments may be submitted by facsimile or mail, the Office prefers to receive comments via the Internet.

INVENTORS TRADESHOW

2010-07-23T08:23:00.000-07:00

Come to the Houston Inventors Association/SBDC Fourth Annual Inventors Tradeshow on Wednesday August 11, 2010 from 5 to 8:30 pm! The show will be held at the Bayland Park Community Center Building, 6400 Bissonnet (Inside Bayland Park - one block west of Hillcroft).

Inventors from Houston and surrounding areas are invited to attend. Exhibitors and speakers will include John Calvert from the U.S. Patent and Trademark Office as well as reprepresentatives from local companies and organizations that support inventors.

We (the patent and trademark library at Rice University, Fondren Library) will be exhibiting at the event. Please stop by and visit with us about our services and classes for inventors.

Review USPTO Draft Strategic Plan

2010-07-13T14:51:00.000-07:00

[Federal Register: July 9, 2010 (Volume 75, Number 131)]

[Notices][Page 39493-39494]From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr09jy10-14]

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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-C-2010-0058]

United States Patent and Trademark Office Draft Strategic Plan

for FY 2010-2015

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice: Request for comments.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr09jy10-14

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SUMMARY: This notice announces that the United States Patent and Trademark Office (USPTO) draft strategic plan for fiscal years (FY) 2010-2015 is available for public review and comment... This plan which identifies the strategic goals and priorities of the administration and leadership of the agency is a revision of the FY 2007-2012 strategic plan.

The USPTO's current plan, the FY 2007-2012 strategic plan, may be viewed on the USPTO Web site at http://www.uspto.gov as can the agency's draft plan for FY 2010-2015.

[[Page 39494]]

DATES: Written comments are requested by close of business on July 26, 2010.

ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to strategicplan@uspto.gov. Comments may also be submitted by mail addressed to: The USPTO Strategic Plan Coordinator, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Candice Goodman. Although comments may be submitted by mail, submission via e-mail to the above address is preferable...

Scam - Payment of Fees for International Patents & Trademarks

2010-06-11T11:45:00.000-07:00

The Patent Baristas June 9, 2010 blog entry contains a warning about unsolicited mailings to applicants and owners of international patents, designs and trade marks inviting them to enter their intellectual property in various registers, publications, or databases for a fee. The mailing are in official looking envelopes and come from official sounding organizations. To read more about these scams, access "A Warning About Requests for Payment of Patent Fees" by Stephen Albainy-Jenei.

Free Bulk Patent & Trademark Data

2010-06-08T14:51:00.000-07:00

According to a June 2, 2010 press release, the USPTO has entered into a no-cost two year agreement with Google to provide patent and trademark data to the public in bulk form. This arrangement will serve as a bridge until the USPTO can set up an agreement with a contractor capable of providing the data.

Data provided through Google will include:

Patent grants and published applications
Trademark applications
Trademark Trial and Appeal Board (TTAB) proceedings
Patent classification information
Patent maintenance fee events
Patent and Trademark assignments

In the future the USPTO and Google also plan to add patent and trademark file histories and related data.

Pitfalls and Benefits of Provisional Patent Applications

2010-05-06T12:35:00.000-07:00

In the April 2010 issue of the USPTO's bimonthly publication for independent inventors called the Inventors Eye, John Calvert discusses the pros and cons of filing a provisional patent application. He also talks about the minimum filing requirements, filling dates, purpose of a provisional application, important facts, and proposed changes.

Patent Applications

2010-05-06T12:21:00.000-07:00

[Federal Register: May 3, 2010 (Volume 75, Number 84)]
[Notices][Page 23227-23235]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03my10-43]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office

Initial Patent Applications

ACTION: Proposed collection; comment request.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr03my10-43
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SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing efforts to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on this revision of a continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before July 2, 2010.

ADDRESSES: You may submit comments by any of the following methods:
E-mail: InformationCollection@uspto.gov. Include ``0651-0032 comment'' in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan K.
Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Federal e-Rulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to the attention of Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by e-mail at raul.tamayo@uspto.gov with ``Paperwork'' in the subject line.

SUPPLEMENTARY INFORMATION

I. Abstract

The USPTO is required by Title 35 of the United States Code,including 35 U.S.C. 131, to examine applications for patents. The USPTO administers the patent statues through various rules in Chapter 37 of the Code of Federal Regulations, including 37 CFR 1.16 through 1.84. The patent statutes and regulations require applicants to provide sufficient information to allow the USPTO to properly examine the application to determine whether it meets the criteria set forth in the patent statutes and regulations to be issued as a patent.

Most applications for patent, including new utility, design, and provisional applications, can be submitted to the USPTO on paper or through EFS-Web. EFS-Web is the USPTO's system for electronic filing of patent correspondence. EFS-Web is accessible via the Internet on the USPTO Web site. The system utilizes standard Web-based screens and prompts to enable users to submit patent documents in Portable Document Format (PDF) directly to the USPTO. The Legal Framework for EFS-Web, available at http://www.uspto.gov/patents/process/file/efs/guidance/ New_legal_framework.jsp, provides a listing of patent applications and documents permitted to be filed via EFS-Web and patent applications and
[[Page 23228]]
documents not permitted to be filed via EFS-Web.

The USPTO has identified continuation/divisional of an international application, utility continuation/divisional, design continuation/divisional, continued prosecution application--design, utility continuation-in-part, and design continuation-in-part applications as types of applications that can be filed electronically that were not identified as being able to be filed electronically in the last renewal of this collection.

The USPTO has also determined that the papers filed under 37 CFR1.41 to supply the name or names of the inventor or inventors after the filing date without a cover sheet as prescribed by 37 CFR 1.51(c)(1) in a provisional application, 37 CFR 1.48 for correction of inventorshipin a provisional application, and 37 CFR 1.53(c)(2) to convert anonprovisional application filed under 37 CFR 1.53(b) to a provisional application under 37 CFR 1.53(c), which were originally overlooked, should be added into the collection at this time. These papers also have a processing fee associated with them that will be added into the collection as well. All of the other fees remain the same.

In order to get a more specific accounting of the additional fees
and surcharges that can be applied to the various applications and to simplify the entry of these items into ROCIS, additional application groups have been broken out in this renewal. Previously, the utility, design, and plant applications were broken out in a manner that helped calculate the filing, search, and examination fees, but not in a manner that help calculate the additional fees and surcharges, which made it difficult to calculate the total burden for some of these applications.

There are 28 forms in this collection. The petitions and the papers filed to supply the name or names of the inventor or inventors after the filing date without a cover sheet in a provisional application, to correct inventorship in a provisional application, and to convert a nonprovisional application to a provisional application do not have forms associated with them.

Patent Quality - Comment Requests and Rountables

2010-05-03T10:06:00.000-07:00

[Federal Register: April 27, 2010 (Volume 75, Number 80)]
[Notices][Page 22120-22121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27ap10-40]

[[Page 22120]]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0038]

Notice of Roundtables and Request for Comments on Enhancement in the Quality of Patents and on United States Patent and Trademark Office Patent Quality Metrics

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of public meeting; request for comments.
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SUMMARY: The United States Patent and Trademark Office (USPTO), in conjunction with the Patent Public Advisory Committee (PPAC), has undertaken a project related to enhancing overall patent quality. As part of this initiative, the USPTO is conducting two roundtables to obtain public input from organizations and individuals on actions that can improve patent quality and the metrics the USPTO should use to measure progress. The roundtables are open to the public. The USPTO plans to invite a number of roundtable participants from among patent user groups, practitioners, industry, independent inventor organizations, academia, and government. Any member of the public may submit written comments on USPTO patent quality enhancement and metrics as well as on any issue raised at the roundtable.

DATES: The first roundtable will be held on Monday, May 10, 2010, beginning at 1 p.m. Pacific Daylight Time (PDT) and ending at 5 p.m. PDT.

The second roundtable will be held on Tuesday, May 18, 2010, beginning at 8:30 a.m. Eastern Daylight Time (EDT) and ending at 12 noon EDT.

The deadline for receipt of written comments is June 18, 2010.

ADDRESSES: The first (May 10, 2010) roundtable will be held at the Los Angeles Public Library--Central Library, which is located at 630 W. 5th Street, Los Angeles, California 90071.

The second (May 18, 2010) roundtable will be held at the USPTO in the Madison Auditorium on the concourse level of the Madison Building, which is located at 600 Dulany Street, Alexandria, Virginia 22314.

Written comments should be sent by electronic mail message over the Internet addressed to patent_quality_comments@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Elizabeth L. Dougherty. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.

The written comments and list of the roundtable participants and their associations will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov).

Because comments will be made available for public inspection, information that is not desired to be made public, such as an address
or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Elizabeth L. Dougherty, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at (571) 272-7733, by electronic mail message at elizabeth.dougherty@uspto.gov.

SUPPLEMENTARY INFORMATION: The USPTO in conjunction with the PPAC has undertaken a project related to overall patent quality. As part of that effort, a notice was published soliciting comments from the public on means to enhance quality of the patent process with particular emphasis on the search, examination, application and methods of meaningfully measuring such enhanced quality. See Request for Comments on
Enhancement in the Quality of Patents, 74 FR 65093 (Dec. 9, 2009) (Patent Quality Request for Comments). In the Patent Quality Request for Comments, the USPTO stated that it would like to focus, inter alia, on improving the process for obtaining the best prior art, preparation of the initial application, and examination and prosecution of the application. The USPTO sought public comment directed to this focus with respect to methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. The original comment period was extended to March 8, 2010. See Extension of Period for Comments on Enhancement in the Quality of Patents, 75 FR 5040 (Feb. 1, 2010).

The comments may be viewed on the USPTO's Web site at http://www.uspto.gov/patents/law/comments/patentqualitycomments.jsp. A summary of the comments, prepared by the PPAC, as well as a summary of the comments and responses prepared by the USPTO, is included for the participants to review and will be posted on the USPTO's Web site at http://www.uspto.gov/patents/init_events/patentquality.jsp.

As a part of this initiative, the USPTO is conducting two roundtables, one at the Los Angeles Public Library--Central Library facility, and one at the USPTO, to obtain public input from organizations and individuals on patent quality and USPTO patent quality metrics. The number of participants in each roundtable is limited to ensure that all who are speaking will have a meaningful chance to do so. The USPTO plans to invite participants from patent user groups, practitioners, industry, independent inventor organizations, academia, and government. The roundtables are open to the public.

The USPTO will provide an agenda, list of participants, and preparatory materials to the participants prior to the roundtable in order to focus the discussion and enhance the efficiency of the proceedings. All such materials will be posted on the USPTO's Internet Web site. The USPTO plans to make the roundtable held at the USPTO on May 18, 2010, available via Web cast; efforts are being made to also make the roundtable held at the Los Angeles Public Library-Central Library facility available via Web cast if reasonably possible. Web cast information will be available before the roundtable on the USPTO's Internet Web site. The written materials for the roundtable, any slides or handouts distributed at the roundtable, and the list of the roundtable participants for each roundtable and their ssociations will also be posted on the USPTO's Internet Web site. The USPTO patent quality metrics under consideration will be posted on the USPTO's Web site at http://www.uspto.gov/patents/init_events/patentquality.jsp.

The patent quality metrics posted on the USPTO's Web site have been presented to facilitate a discussion on patent quality metrics and should not be taken as an indication that the USPTO has predetermined that it will adopt these patent quality metrics or that the USPTO is not interested in suggestions that the USPTO consider other patent quality metrics. The USPTO is inviting written comments from any member
of the public on USPTO patent quality metrics as well as on any issue raised at the roundtable.

[[Page 22121]]

Dated: April 23, 2010.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-9851 Filed 4-26-10; 8:45 am]
BILLING CODE 3510-16-P

Changes to Trademark Law

2010-04-07T16:43:00.000-07:00

Communication received from a representative of the USPTO:

The Trademark Technical and Conforming Amendment Act of 2010 became effective on March 17, 2010 (Pub. Law No. 111-146, 124 Stat. 66 (2010)). In addition to making small technical and conforming corrections in Sections 7, 15 and 21 of the Lanham Act, 15 U.S.C. §§ 1057, 1065 and 1071, the legislation makes more significant changes to Sections 8 and 71, 15 U.S.C. §§1058 and 1141k, regarding filing affidavits of continued use or excusable nonuse to maintain a registration. With respect to all post registration maintenance filings required under the Lanham Act, owners may correct deficiencies in such submissions outside of the statutory period for filing, upon payment of a deficiency surcharge. Such deficiencies now specifically include when the affidavit was not filed in the name of the owner of the registration. In addition, owners of U.S. registrations under the Madrid Protocol now have the benefit of six-month grace periods immediately following the statutory time periods. Previously, no grace period existed at the end of the six-year period following the date of registration in the U.S. and only a three-month grace period existed following the expiration of each successive 10-year period following registration. The newly enacted grace periods match those given to other trademark registrants.

For answers to frequently asked questions regarding declarations of continued use or excusable nonuse, please see the Trademark Processes section of the USPTO’s Web site, “Maintain/Renew a Registration.” The Trademark Technical and Conforming Amendment Act of 2010 became effective on March 17, 2010 (Pub. Law No. 111-146, 124 Stat. 66 (2010)). In addition to making small technical and conforming corrections in Sections 7, 15 and 21 of the Lanham Act, 15 U.S.C. §§ 1057, 1065 and 1071, the legislation makes more significant changes to Sections 8 and 71, 15 U.S.C. §§1058 and 1141k, regarding filing affidavits of continued use or excusable nonuse to maintain a registration. With respect to all post registration maintenance filings required under the Lanham Act, owners may correct deficiencies in such submissions outside of the statutory period for filing, upon payment of a deficiency surcharge. Such deficiencies now specifically include when the affidavit was not filed in the name of the owner of the registration. In addition, owners of U.S. registrations under the Madrid Protocol now have the benefit of six-month grace periods immediately following the statutory time periods. Previously, no grace period existed at the end of the six-year period following the date of registration in the U.S. and only a three-month grace period existed following the expiration of each successive 10-year period following registration. The newly enacted grace periods match those given to other trademark registrants. For answers to frequently asked questions regarding declarations of continued use or excusable nonuse, please see the Trademark Processes section of the USPTO’s Web site, “Maintain/Renew a Registration.” www.uspto.gov/trademarks/process/maintain/prfaq.jsp.

Proposal to Extend Provisional Application Period

2010-04-06T13:40:00.000-07:00

[Federal Register: April 2, 2010 (Volume 75, Number 63)][Notices]
[Page 16750-16752]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap10-50]
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DEPARTMENT OF COMMERCE

Patent and Trademark Office
[Docket No.: PTO-P-2010-0029]
Request for Comments on Proposed Change To Missing Parts Practice
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr02ap10-50
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SUMMARY: The United States Patent and Trademark Office (USPTO), in response to a number of requests to reduce the costs due one year after filing a provisional application, is considering a change that would effectively provide a 12-month extension to the 12-month provisional application period (creating a net 24-month period). This change would be implemented through the missing parts practice in nonprovisional applications. Currently the missing parts practice permits an applicant on payment of a surcharge to pay the up-front filing fees and submit an executed oath or declaration after the filing of a nonprovisional application within a two-month time period set by the USPTO that is extendable on payment of extension of time fees for an additional five months. Under the proposal, applicants would be permitted to file a nonprovisional application with at least one claim within the 12-month statutory period after the provisional application was filed, pay the basic filing fee, and submit an executed oath or declaration. In addition, the nonprovisional application would need to be in condition for publication and applicant would not be able to file a nonpublication request. Applicants would be given a 12-month period to decide whether the nonprovisional application should be completed by paying the required surcharge and the search, examination and any excess claim fees due within that 12-month period. The proposal would benefit 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 proposal would benefit 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 the applicants have decided not to pursue examination. Importantly, the extended missing parts period would not affect the 12-month priority period provided by the Paris Convention for the Protection of Industrial Property and, thus, any foreign filings would still need to be made within 12 months of the filing date of the provisional application if applicant wishes to rely on the provisional application in the foreign-filed application.

Comment Deadline Date: To be ensured of consideration, written comments must be received on or before June 1, 2010.

ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to extended_missing_parts@uspto.gov.
Comments may also be submitted 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. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.

The written comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, 22314, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

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.

Streamlined Procedure for Patent Appeal Brief Review

2010-04-02T10:34:00.000-07:00

Federal Register: March 30, 2010 (Volume 75, Number 60)]
[Notices][Page 15689-15690]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30mr10-50]

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr30mr10-50
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0026]
Streamlined Procedure for Appeal Brief Review
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.

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SUMMARY: The United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs to increase the efficiency of the appeal process and reduce pendency of appeals. The Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee (collectively, ``Chief Judge''), will have the sole responsibility for determining whether appeal briefs filed in patent applications comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration. The Patent Appeal Center and the examiner will no longer review appeal briefs for compliance with the applicable regulations. The USPTO expects to achieve a reduction in appeal pendency as measured from the filing of a notice of appeal to docketing of the appeal by eliminating duplicate reviews by the examiner, Patent Appeal Center, and the BPAI. We are expecting further reduction in pendency because the streamlined procedure will increase consistency in the determination, and thereby reduce the number of notices of noncompliant appeal brief and non-substantive returns from the BPAI that require appellants to file corrected appeal briefs.

DATES: Effective Date: The procedure set forth in this notice is effective on March 30, 2010.
Applicability Date: The procedure set forth in this notice is applicable to appeal briefs filed in patent applications on or after March 30, 2010.

FOR FURTHER INFORMATION CONTACT: Krista Zele, Case Management Administrator, Board of Patent Appeals and Interferences, by telephone sat (571) 272-9797 or by electronic mail at BPAI.Review@uspto.gov.

United States and Great Britain Cooperate to Reduce Patent Backlog

2010-03-10T14:56:00.000-08:00

The United States Patent and Trademark Office (USPTO) and the United Kingdom Intellectual Property Office (UKIPO) are developing a plan to "optimize reuse of work on patent applications that are filed jointly at the USPTO and the UKIPO." With work sharing the offices, rather than the applicants, will "initiate the priority handling of applications." For more information, see the March 10, 2010 press release.

Patent Paperwork Study

2010-02-26T12:46:00.000-08:00

[Federal Register: February 25, 2010 (Volume 75, Number 37)]
[Notices][Page 8649]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe10-47]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2010-0001]

Request for Comments on Methodology for Conducting an Independent Study of the Burden of Patent-Related Paperwork

AGENCY: United States Patent and Trademark Office.

ACTION: Request for comments.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr25fe10-47
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SUMMARY: The United States Patent and Trademark Office (USPTO) retained ICF International (ICF) to perform an independent study of the burden of patent-related paperwork, beginning with a report describing the methodologies for performing such a study (Methodology Report). ICF has now provided the USPTO with its Methodology Report, in which ICF recommends methodologies for addressing various topics about estimating the patent-related burdens imposed on the public as reflected in information collection requests under the Paperwork Reduction Act of 1995 (PRA). The USPTO is inviting public comment on ICF's Methodology Report.

DATES: Written comments must be received on or before April 12, 2010.

ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to pra_study_comments@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Raul Tamayo. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.

The written comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Raul Tamayo, Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, at (571) 272-7728.

National Medal of Technology and Innovation Nomination Evaluation Committee

2010-02-24T18:02:00.000-08:00

[Federal Register: February 23, 2010 (Volume 75, Number 35)]
[Notices][Page 8043-8044]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe10-46]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2010-0002]

National Medal of Technology and Innovation Nomination Evaluation Committee

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice and request for nominations.
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SUMMARY: The Department of Commerce (United States Patent and Trademark Office) is requesting nominations of individuals to serve on the National Medal of Technology and Innovation Nomination Evaluation Committee. The United States Patent and Trademark Office will consider nominations received in response to this notice as well as from other sources. The SUPPLEMENTARY INFORMATION section of this notice provides committee and membership criteria.

DATES: Please submit nominations within 60 days of the publication of this notice.

ADDRESSES: Nominations should be submitted to Richard Maulsby, Program Manager, National Medal of Technology and Innovation Program, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450. Nominations also may be submitted via fax: (571) 270-9100 or by electronic mail to: nmti@uspto.gov.

FOR FURTHER INFORMATION CONTACT: Richard Maulsby, Program Manager, National Medal of Technology and Innovation Program, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313- 1450, telephone (571) 272-8333, or electronic mail: nmti@uspto.gov.

SUPPLEMENTARY INFORMATION:
Background: The committee was established in accordance with the Federal Advisory Committee Act (FACA) (Title 5, United States Code, Appendix 2). The following provides information about the committee and membership:

Committee members are appointed by and serve at the discretion of the Secretary of Commerce. The committee provides advice to the Secretary on the implementation of Public Law 96-480 (15 U.S.C. 3711), as amended August 9, 2007.
The committee functions solely as an advisory body under the FACA. Members are appointed to the 12-member committee for a term of three years. Each will be reevaluated at the
[[Page 8044]]
conclusion of the three-year term with the prospect of renewal, pending advisory committee needs and the Secretary's concurrence. Selection of membership is made in accordance with applicable Department of Commerce guidelines.
Members are responsible for reviewing nominations and making recommendations for the Nation's highest honor for technological innovation, awarded annually by the President of the United States.
Members of the committee must have an understanding of, and experience in, developing and utilizing technological innovation and/or be familiar with the education, training, employment and management of technological manpower.
Under the FACA, membership on a committee must be balanced. To achieve balance, the Department is seeking additional nominations of candidates from small, medium sized, and large businesses or with special expertise in the following sub-sectors of the technology enterprise:
Medical Innovations/Bioengineering and Biomedical Technology;
Technology Management/Computing/IT/Manufacturing Innovation;
Technological Manpower/Workforce Training/Education.
Committee members generally are Chief Executive Officers or former Chief Executive Officers, former winners of the National Medal of Technology and Innovation; presidents or distinguished faculty of universities; or senior executives of non-profit organizations. As such, they not only offer the stature of their positions but also possess intimate knowledge of the forces determining future directions for their organizations and industries. The committee as a whole is balanced in representing geographical, professional, and diverse interests.

Nomination Information:
Nominees must be United States citizens, must be able to fully participate in meetings pertaining to the review and selection of finalists for the National Medal of Technology and Innovation, and must uphold the confidential nature of an independent peer review and competitive selection process.

The United States Patent and Trademark Office is committed to equal opportunity in the workplace and seeks a broad-based and diverse committee membership.

Dated: February 16, 2010.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-3398 Filed 2-22-10; 8:45 am] BILLING CODE P

Patent Database Review

2010-02-24T16:01:00.000-08:00

If you'd like to read about changes to major patent databases, access Patent Database Review, the Tuesday, February 23, 2010 blog entry in Michael White's The Patent Librarian's Notebook. Michael worked at the USPTO for seven years before taking a position as the librarian for research services in the Engineering and Science Library at Queen's University in Kingston, Ontario. Not only is Michael very knowledgeable, he is also generous about sharing his knowledge.

New USPTO Publication for Inventors

2010-02-23T08:07:00.000-08:00

The United States Patent and Trademark Office (USPTO) has just released a new electronic publication for independent inventors. Called the Inventors Eye, the publication will appear every other month and provide news about issues that impact the independent and small entity inventor community. For a more complete description and a link to subscribe, access http://www.uspto.gov/inventorseye/.

Revival of an Application for an Abandoned Patent

2010-02-12T15:38:00.000-08:00

[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices][Page 6350-6351]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe10-32]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office

Post Allowance and Refiling

ACTION: Proposed collection; comment request.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr09fe10-32

SUPPLEMENTARY INFORMATION:

I. Abstract

The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, allow applications and issue them as patents. When an application for a patent is allowed by the USPTO, the USPTO issues a notice of allowance and the applicant must pay the specified issue fee (including the publication fee, if applicable) within three months to avoid abandonment of the application. If the appropriate fees are paid within the proper time period, the USPTO can then issue the patent. If the fees are not paid within the designated time period, the application is abandoned and the applicant may petition the Director to accept a delayed payment with a satisfactory showing that the delay was unavoidable or unintentional. The Petition for Revival of an Application for Patent Abandoned Unavoidably (Form PTO/SB/61) and the Petition for Revival of an Application for Patent Abandoned Unintentionally (Form PTO/SB/64) are approved under information collection 0651-0031. The rules outlining the procedures for payment of the issue fee and issuance of a patent are found at 37 CFR 1.18 and
1.311-1.317.

Chapter 25 of Title 35 U.S.C. provides that there are several actions that the applicant may take after issuance of a patent, including requesting the correction of errors in a patent. For original patents that are deemed wholly or partly inoperative, applicants may file a reissue application, which entails several formal requirements including an oath or declaration stating that the errors in the patent were not the result of any deceptive intention on the part of the applicant. The rules outlining these procedures are found at 37 CFR 1.171-1.178 and 1.322-1.325.

The public uses this information collection to pay fees for issued patents, to request corrections of errors in issued patents, and to submit applications for reissue patents. This collection previously included information requirements related to patent reexaminations. These items are being removed from this collection and have been submitted as a separate new collection, 0651-00XX Patent Reexaminations, which is currently under review by OMB.

Deposit of Biological Materials with Patent

2010-02-12T14:20:00.000-08:00

[Federal Register: February 9, 2010 (Volume 75, Number 26)]
[Notices][Page 6348-6349]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09fe10-31]

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DEPARTMENT OF COMMERCE
Patent and Trademark Office

Deposit of Biological Materials

ACTION: Proposed collection; comment request.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr09fe10-31

SUPPLEMENTARY INFORMATION:

I. Abstract

The deposit of biological materials as part of a patent application is required by 35 U.S.C. 2(b)(2) and outlined in 37 CFR Ch. 1, Subpart G, 1.801-1.809. Every patent must contain a description of the invention sufficient to enable a person (knowledgeable in the relevant science), to make and use the invention as specified by 35 U.S.C. 112. The term biological includes material that is capable of self- replication either directly or indirectly. When the invention involves a biological material, sometimes words alone cannot sufficiently describe how to make and use the invention in a reproducible or repeatable manner. In such cases, the required biological material must be both known and readily available (neither condition alone is sufficient) or be deposited in a suitable depository that has been recognized as an International Depository Authority (IDA) established under the Budapest Treaty, or a depository recognized by the USPTO to meet the requirements of 35 U.S.C. 112.

In cases where a deposit is necessary, it must be made under conditions that assure access to those entitled thereto under 37 CFR 1.14 and 35 U.S.C. Sec. 122

[[Page 6349]]

and upon issuance as a patent that all restriction to public access permanently removed.

In order to meet and satisfy requirements for international patenting, all countries signing the Budapest Treaty must recognize the deposit of biological material with any International Depository Authority (IDA).

Request a Recalculation of the Patent Term Adjustment

2010-02-03T18:06:00.000-08:00

[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Notices][Page 5043-5045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-29]

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr01fe10-29
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0006]

Interim Procedure for Patentees To Request a Recalculation of the Patent Term Adjustment To Comply With the Federal Circuit Decision in Wyeth v. Kappos Regarding the Overlapping Delay Provision of 35 U.S.C. 154(b)(2)(A)

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (USPTO) is modifying the computer program it uses to calculate patent term adjustments in light of Wyeth v. Kappos, No. 2009-1120 (Fed. Cir., Jan. 7, 2010). The USPTO expects to complete this software modification by March 2, 2010. In the meantime, the USPTO is providing patentees with the ability to request a recalculation of their patent term adjustment without a fee as an alternative to the petition and fee required by 37 CFR 1.705(d). In order to qualify, a form requesting a recalculation of the patent term adjustment must be submitted no later than 180 days after the patent has issued and the patent must be issued prior to March 2, 2010. In addition, this procedure is only available for alleged errors that are specifically identified in Wyeth. The USPTO is deciding pending petitions under 37 CFR 1.705 in accordance with the Wyeth decision. This notice also provides information concerning the Patent Application Information Retrieval (PAIR) screen that displays the patent term adjustment calculation.

DATES: Effective Date: The procedure set forth in this notice is
effective on February 1, 2010.
Applicability Date: The procedure set forth in this notice is applicable only to patents issued prior to March 2, 2010, in which a request for recalculation of patent term adjustment in view of Wyeth is filed within 180 days of the day the patent was granted.

FOR FURTHER INFORMATION CONTACT: The Office of Patent Legal Administration by telephone at (571) 272-7702, or by mail addressed to: Mail Stop Comments-Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals

2010-02-03T14:32:00.000-08:00

[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Proposed Rules][Page 5012-5013]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-10]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 41
[Docket No.: PTO-P-2009-0021]
RIN 0651-AC37

Rules of Practice Before the Board of Patent Appeals and
Interferences in Ex Parte Appeals; Extension of Comment Period on
Potential Modifications to Final Rule

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of extension of comment period.
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SUMMARY: The United States Patent and Trademark Office (USPTO or Office) published an advance notice of proposed rule making, with request for comments, considering potential modifications to rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. The USPTO is extending the period for public comment on the potential modifications to the final rule until February 26, 2010.

DATES: The deadline for receipt of written comments on potential modifications to the final rule is 5 p.m., Eastern Standard Time, on February 26, 2010.

ADDRESSES: Written comments on potential modifications to the final rule should be sent by electronic mail message over the Internet addressed to BPAI.Rules@uspto.gov. Comments on potential modifications to the final rule may also be submitted by mail addressed to: Mail Stop Interference, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of ``Linda Horner, BPAI Rules.'' Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.

The written comments will be available for public inspection at the Board of Patent Appeals and Interferences, located in Madison East, Ninth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov/web/offices/dcom/bpai/). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Linda Horner, Administrative Patent Judge, Board of Patent Appeals and Interferences, by telephone at (571)272-9797, or by mail addressed to: Mail Stop Interference, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Linda Horner.

SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office (USPTO or Office) published an advance notice of proposed rule making on potential modifications to rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals (74 FR 67987 (Dec. 22, 2009)). The notice also announced a public roundtable that was held on January 20, 2010. A link to the Web cast of the roundtable may be found at http://www.uspto.gov/ip/boards/
bpai/roundtable_info.jsp. In the notice, the public was invited to submit
[[Page 5013]]
written comments on potential modifications to the final rule that were to be received on or before February 12, 2010. The USPTO is now extending the period for submission of public comments until February 26, 2010. Any comments that have already been received are under consideration and need not be resubmitted.

Dated: January 26, 2010.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-2029 Filed 1-29-10; 8:45 am]
BILLING CODE 3510-16-P

Comments on Enhancement in the Quality of Patents

2010-02-02T12:57:00.000-08:00

[Federal Register: February 1, 2010 (Volume 75, Number 20)]
[Notices][Page 5040-5041]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe10-25]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0004]

Extension of Period for Comments on Enhancement in the Quality of Patents

AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments.
----------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register seeking public comment directed to this focus with respect to methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. The USPTO is extending the period for public comment until March 8, 2010.

Comment Deadline Date: March 8, 2010. No public hearing will be held.

ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to patent_quality_comments@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA, 22313-1450, marked to the attention of Kenneth M. Schor and Pinchus M. Laufer. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet.

The written comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: By telephone: Pinchus M. Laufer, Legal Advisor, at (571) 272-7726, or Kenneth M. Schor, Senior Legal Advisor, at (571) 272-7710; by mail addressed to U.S.
[[Page 5041]]
Patent and Trademark Office, Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Pinchus M. Laufer and Kenneth M. Schor; or by electronic mail (e-mail) message over the Internet addressed to pinchus.laufer@uspto.gov or kenneth.schor@uspto.gov.

SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office (USPTO) published a notice in the Federal Register seeking public comment directed to this focus with respect to methods that may be employed by applicants and the USPTO to enhance the quality of issued patents, to identify appropriate indicia of quality, and to establish metrics for the measurement of the indicia. See Request for Comments on Enhancement in the Quality of Patents, 74 FR 65093 (Dec. 9, 2009), 1350 Off. Gaz. Pat. Office 46 (Jan. 5, 2010). The USPTO indicated that to be ensured of consideration, written comments must be received on or before February 8, 2010. See Request for Comments on Enhancement in the Quality of Patents, 74 FR at 65094, 1350 Off. Gaz. Pat. Office at 46. The USPTO is extending the period for submission of public comments until March 8, 2010.

Dated: January 26, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. 2010-2036 Filed 1-29-10; 8:45 am]

Legal Tips for Entrepreneurs

2010-01-29T09:23:00.000-08:00

On Feb. 3, 2010 from 9:00-11:00 a.m. the University of Houston Small Business Development Center is hosting a legal tips workshop to cover key issues every business should know. Details are available at http://www.sbdc.uh.edu/assnfe/ev.asp?ID=796.

Patent Secrecy and License to Export

2010-01-26T14:47:00.000-08:00

[Federal Register: January 22, 2010 (Volume 75, Number 14)]
[Notices][Page 3704-3705]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja10-25]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office

Secrecy and License To Export

ACTION: Proposed collection; comment request.
To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr22ja10-25

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SUPPLEMENTARY INFORMATION:

I. Abstract

In the interest of national security, patent laws and rules place certain limitations on the disclosure of information contained in patents and patent applications and on the filing of applications for patents in foreign countries. Whenever publication or disclosure by the publication of an application, in the opinion of the head of the interested Government agency, is determined to be detrimental to national security, the Commissioner for Patents at the United States Patent and Trademark Office (USPTO) must issue a secrecy order and withhold the grant of a patent for such period as the national interest requires. If a secrecy order is applied to an international application, the application will not be forwarded to the International Bureau as long as the secrecy order is in effect. The USPTO collects information to determine whether the patent laws and rules have been complied with and to grant or revoke licenses to file abroad when appropriate. This collection of information is required by 35 U.S.C.181-188 and administered through 37 CFR 5.1-5.33.
There are no forms associated with this collection of information.

IV. Request for Comments

Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology.

Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they will also become a matter of public record.

Dated: January 14, 2010.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2010-1161 Filed 1-21-10; 8:45 am]
BILLING CODE 3510-16-P

Green Technology Pilot Program

2010-01-19T08:29:00.000-08:00

[Federal Register: January 12, 2010 (Volume 75, Number 7)]
[Notices][Page 1591-1592]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ja10-39]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Green Technology Pilot Program

ACTION: Proposed collection; comment request.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2010_register&docid=fr12ja10-39

SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the new information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C.3506(c)(2)(A)).

DATES: Written comments must be submitted on or before March 15, 2010.

ADDRESSES: You may submit comments by any of the following methods:

E-mail: Susan.Fawcett@uspto.gov. Include A0651-0062 Green
Technology Pilot Program comment@ in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan K.
Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450.
Federal Rulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Brian Hanlon, Director, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-5047; or by e-mail at Brian.Hanlon@uspto.gov.
SUPPLEMENTARY INFORMATION:

I. Abstract

The United States Patent and Trademark Office (USPTO) is implementing a streamlined examination pilot program for patent applications pertaining to green technologies, including greenhouse gas reduction.
[[Page 1592]]
The green technology pilot program will permit patent applications pertaining to green technology, i.e., environmental quality, energy conservation, development of renewable energy, or greenhouse gas emission reduction, to be accorded special status for examination using an expedited procedure that is similar to the existing first action interview pilot program without meeting the current requirements of the accelerated examination program. The first action interview pilot and accelerated examination programs are both covered under OMB Control Number 0651-0031.

This pilot will support national and international green technology initiatives and is expected to run for six months.

Federal Register: Public Key Infrastructure Certificates

2010-01-11T10:33:00.000-08:00

[Federal Register: December 17, 2009 (Volume 74, Number 241)]

[Notices][Page 66955-66958]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr17de09-24]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2009-0055]

Revised Procedure for Public Key Infrastructure Certificates

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr17de09-24

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SUMMARY: The United States Patent and Trademark Office (USPTO)published a notice on Legal Framework for Electronic Filing System-Web(EFS-Web) to set forth the current policy and procedure for using EFS-Web and to permit a holder of a public key infrastructure (PKI)certificate to designate a single employee of a contractor who may use the PKI certificate under the direction and control of the holder. The USPTO received many suggestions and inquiries from users of EFS-Web and the Patent Application Information Retrieval (PAIR) system. In response to the suggestions, the USPTO is expanding the procedure for PKI certificates to permit a holder of a PKI certificate to designate more than one employee to use the PKI certificate under the direction and control of the holder in accordance with the revised PKI subscriber agreement and the rules and policies of the USPTO.

DATES: Effective Date: December 17, 2009.

FOR FURTHER INFORMATION CONTACT: Joni Y. Chang, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at 571-272-7720, or by mail addressed to: Mail Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Inquiries regarding EFS-Web and other USPTO information technology (IT) systems may be directed to the Patent Electronic Business Center(Patent EBC), by telephone: 1-866-217-9197 (toll-free) and 571-272-4100, or by e-mail: ebc@uspto.gov.

Inquiries regarding IT policy for U.S. national patent applications may be directed to Mark Polutta (571-272-7709), Senior Legal Advisor, Office of Patent Legal Administration.

Inquiries regarding IT policy for international patent applications may be directed to Tamara Graysay (571-272-6728), Special Program Examiner, Office of Patent Cooperation Treaty (PCT) Legal Administration.

Federal Register: New Information Collection for Patent Reexaminations

2010-01-08T08:26:00.000-08:00

[Federal Register: December 28, 2009 (Volume 74, Number 247)]
[Notices][Page 68567-68568]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28de09-37]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office
Submission for OMB Review; Comment Request

The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35).

Agency: United States Patent and Trademark Office (USPTO).
Title: Patent Reexaminations.
Form Number(s): PTO/SB/57 and PTO/SB/58.
Agency Approval Number: 0651-00XX.
Type of Request: New collection.
Burden: 161,128 hours annually.
Number of Respondents: 5,124 responses per year.
Average Hours per Response: The USPTO estimates that it will take the public approximately 18 minutes (0.30 hours) to 148 hours to gather the necessary information, prepare the appropriate form or other documents, and submit the information to the USPTO.

Needs and Uses: The USPTO is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, allow applications and issue them as patents. Chapter 30 of Title 35 U.S.C. provides that any person at any time may file a request for reexamination by the USPTO of any claim of a patent on the basis of prior art patents or printed publications. Once initiated, the reexamination proceedings under Chapter 30 are substantially ex parte and do not permit input from third parties. Chapter 31 of Title 35 U.S.C. provides for inter partes reexamination allowing third parties to participate throughout the reexamination proceeding. The rules outlining ex parte and inter partes reexaminations are found at 37 CFR 1.510-1.570 and 1.902-1.997.

Information requirements related to patent reexaminations are currently covered under OMB Control Number 0651-0033, along with other requirements related to patent issue fees and reissue applications. The USPTO is proposing to move the following items that are under 0651-0033 into a new information collection for Patent Reexaminations: Request for Ex Parte Reexamination Transmittal Form; Request for Inter Partes Reexamination Transmittal Form; Petition to Review the Refusal to Grant Ex Parte Reexamination; Petition to Review the Refusal to Grant Inter Partes Reexamination; and Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination.

The USPTO is also proposing to include additional items related to patent reexaminations in this new information collection: Request for Ex Parte Reexamination; Request for Inter Partes Reexamination; Patent Owner's 37 CFR 1.530 Statement; Third Party Requester's 37 CFR 1.535 Reply; Amendment in Ex Parte or Inter Partes Reexamination; Third Party Requester's 37 CFR 1.947 Comments in Inter Partes Reexamination; Response to Final Rejection in Ex Parte Reexamination; Patent Owner's 37 CFR 1.951 Response in Inter Partes Reexamination; and Third Party Requester's 37 CFR 1.951 Comments in Inter Partes Reexamination. These additional items are existing information requirements that previously were not fully covered by an information collection and are now being included in order to more accurately reflect the burden on the public for submitting requests related to patent reexaminations.

The public uses this information collection to request reexamination

[[Page 68568]]

proceedings and to ensure that the associated fees and documentation are submitted to the USPTO.

Affected Public: Individuals or households; businesses or otherfor-profits; and not-for-profit institutions.
Frequency: On occasion.
Respondent's Obligation: Required to obtain or retain benefits.
OMB Desk Officer: Nicholas A. Fraser, e-mail: Nicholas_A._Fraser@omb.eop.gov

.

Once submitted, the request will be publicly available in electronic format through the Information Collection Review page at http://www.reginfo.gov.
Paper copies can be obtained by:

E-mail: Susan.Fawcett@uspto.gov. Include ``0651-00XX Patent Reexaminations copy request'' in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan K. Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

Written comments and recommendations for the proposed information collection should be sent on or before January 27, 2010 to Nicholas A. Fraser, OMB Desk Officer, via e-mail at Nicholas_A._Fraser@omb.eop.gov, or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.

Dated: December 17, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. E9-30626 Filed 12-24-09; 8:45 am]

BILLING CODE 3510-16-P

Federal Register: Treating Rejected Unappealed Patent Claims

2010-01-08T08:03:00.000-08:00

[Federal Register: December 14, 2009 (Volume 74, Number 238)]
[Notices][Page 66097-66098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de09-28][[Page 66097]]

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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2009-0020]

Procedure for Treating Rejected Claims That Are Not Being Appealed

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for comments.
To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr14de09-28

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SUMMARY: The United States Patent and Trademark Office (USPTO) is considering changes to the procedure for handling notices of appeal and appeal briefs that identify fewer than all of the rejected claims as being appealed. Under the proposed procedure, if appellant files a notice of appeal, or an appeal brief, that clearly identifies fewer than all of the rejected claims as being appealed, the non-appealed rejected claims would be deemed canceled by operation of this action on the part of the appellant as of the date on which such a notice of appeal, or appeal brief, is filed, regardless of whether the appellant also files an amendment canceling the non-appealed rejected claims. The USPTO is requesting comments from the public regarding the proposed procedure set forth in this notice.

COMMENT DEADLINE DATE: To be ensured of consideration, written comments must be received on or before January 13, 2010. No public hearing will be held.

ADDRESSES: Written comments should be sent by electronic mail message over the Internet addressed to PatentPractice@uspto.gov. Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Joni Y. Chang. Although comments may be submitted by mail, the Office prefers to receive comments via the Internet.
The written comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the Office's Internet Web site (address: http://www.uspto.gov). Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Joni Y. Chang, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, directly by telephone to (571) 272-7720, or by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Trademark Registrations Affidavits

2009-12-21T10:09:00.000-08:00

USPTO Director David Kappos' blog entry for Tues., Dec. 15, discusses the filing of trademark affidavits for a registered extension of protection under the Madrid Protocol. To maintain a trademark, registrants must file affidavits denoting use in commerce or excusable nonuse, but the requirements for affidavits differs for registered extensions of protection filed under the Madrid Protocol. While all other trademarks registrations have a six-month filing grace period with the ability to correct deficiencies, registered extensions of protection provide no grace period for the first filing and only a three-month extension for subsequent filings. They also do not allow for correcting deficiencies after the due date.

For more information, see Director Kappos Dec. 15 entry.

Federal Register - Green Technologies Pilot Program

2009-12-10T07:59:00.000-08:00

Federal Register: December 8, 2009 (Volume 74, Number 234)]
[Notices][Page 64666-64669]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de09-24]

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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2009-0038]

Pilot Program for Green Technologies Including Greenhouse Gas
Reduction
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.

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To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr08de09-24

SUMMARY: The United States Patent and Trademark Office (USPTO) is implementing a pilot program in which an applicant may have an application advanced out of turn (accorded special status) for examination, for applications pertaining to green technologies including greenhouse gas reduction (applications pertaining to environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction). Currently, an application pertaining to environmental quality, or energy conservation, development of renewable energy resources or greenhouse gas reduction will not be advanced out of turn for examination unless it meets the requirements of the accelerated examination program. Under the Green Technology Pilot Program, applications pertaining to environmental quality, energy conservation, development of renewable energy, or greenhouse gas emission reduction, will be advanced out of turn for examination without meeting all of the current requirements of the accelerated examination program (e.g., examination support document). The USPTO will accept only the first 3,000 petitions to make special in previously filed new applications, provided that the petitions meet the requirements set forth in this notice.

DATES: Effective Date: December 8, 2009.

Duration: The Green Technology Pilot Program will run for twelve months from its effective date. Therefore, petitions to make special under the Green Technology Pilot Program must be filed before December 8, 2010. The USPTO may extend the pilot program (with or without modifications) depending on the feedback from the participants and the effectiveness of the pilot program.

FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer and Joni Y. Chang, Senior Legal Advisors, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy, by telephone at 571-272-7726 or 571-272-7720; by facsimile transmission to 571-273-7726, marked to the attention of Pinchus M. Laufer; or by mail addressed to: Mail Stop Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Accelerated Examination for Green Technology Patent Applications

2009-12-08T10:20:00.000-08:00

If you haven't had a chance yet to check USPTO Director David Kappo's blog, you are missing helpful information. Today's (Dec. 8, 2009) entry gives details about a pilot program designed to reduce the average processing time of green technology patent applications. The program will be open to the first 3,000 applications already on file with the USPTO for which inventors add a no-cost petition indicating "how the invention materially contributes to environmental quality, the discovery or development of renewable energy resources, more efficient utilization and conservation of energy resources, or greenhouse gas emission reduction."

Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures.

2009-12-03T14:12:00.000-08:00

Federal Register: December 2, 2009 (Volume 74, Number 230)]
[Notices][Page 63118]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02de09-18]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Submission for OMB Review; Comment Request

To view the complete text of this comment request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr02de09-18

Title: Requirements for Patent Applications Containing Nucleotide
Sequence and/or Amino Acid Sequence Disclosures.

Needs and Uses: Patent applications that contain nucleotide and/or amino acid sequence disclosures must include a copy of the sequence listing in accordance with the requirements in 37 CFR 1.821-1.825. Applicants may submit sequence listings for both U.S. and international patent applications. The USPTO uses the sequence listings during the examination process to determine the patentability of the associated patent application. Sequence listings are also disclosed as part of the published patent application or issued patent. Applicants use sequence data when preparing biotechnology patent applications and may also search sequence listings after publication.

Under 37 CFR 1.821(e)-(f), applicants must also submit a copy of the sequence listing in ``computer readable form'' (CRF). If the CRF sequence listing in a new application is identical to the CRF sequence listing of another application that the applicant already has on file at the USPTO, the applicant may submit a statement identifying the application and CRF sequence listing that is already on file rather than having to submit a duplicate copy of the CRF listing for the new application. The USPTO is proposing to add a new form to this collection, Request for Transfer of a Computer Readable Form Under 37 CFR 1.821(e) (PTO/SB/93), in order to assist customers in submitting this statement.

I.T. & Web 2.0 Venture Forum - Rice Alliance

2009-12-03T13:46:00.000-08:00

The Rice Alliance for Technology and Entrepreneurship will hosts its 7th annual I.T. & Web 2.0 Venture Forum on Thursday, Dec. 10, 2009. The forum provides an opportunity for I.T. & Web 2.0 technology companies to showcase their ventures before an audience of venture capitalists, investors, industry representatives, business leaders, advisors/mentors, and service providers. The day's activities will end with an announcement of the winners of the Most Promising I.T. & Web 2.0 Companies. See the Rice Alliance site for registration information and a more detailed description.

Federal Register: Patent Application Backlog Reduction Stimulus Plan

2009-12-01T09:32:00.000-08:00

[Federal Register: November 27, 2009 (Volume 74, Number 227)][Notices]
[Page 62285-62287]
From the Federal Register Online via GPO Access [wais.access.gpo.gov][DOCID:fr27no09-36]

To view the complete text of this notice see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr27no09-36
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No.: PTO-P-2009-0040]

Patent Application Backlog Reduction Stimulus Plan

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

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SUMMARY: The United States Patent and Trademark Office (USPTO) has a procedure under which an application will be advanced out of turn (accorded special status) for examination if the applicant files a petition to make special with the appropriate showing. The USPTO is providing an additional temporary basis under which a small entity applicant may have an

[[Page 62286]]

application accorded special status for examination if the applicant expressly abandons another copending unexamined application. This procedure will allow small entity applicants having multiple applications currently pending before the USPTO to have greater controlover the priority with which their applications are examined while also stimulating a reduction of the backlog of unexamined patent applications pending before the USPTO.

DATES: Effective Date: November 27, 2009.

FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at 571-272-7726; or by facsimile transmission to 571-273-7726, marked to the attention of Pinchus M. Laufer; or by mail addressed to: Box Comments Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.

Determining Obviousness

2009-11-24T13:49:00.000-08:00

Determining whether an invention is obvious and therefore not able to be patented is not as easy as it sounds. Even patent examiners can be challenged by this issue. To help, the USPTO created Examination Guidelines for Determining Obviousness Under U.S.C. 103**[R-6]. The guidelines review pertinent court cases and outline a procedure for searching for prior art that has a bearing on obviousness.

Time Magazine's 50 Best Inventions of 2009

2009-11-23T12:01:00.000-08:00

Time Magazine recently picked the 50 best inventions of 2009. Topping the list is NASA's Ares Rocket designed for returning to the moon and venturing to Mars. The rocket is ten times safer than the current shuttles and two to three times safer than competing boosters. Other inventions range from the practical but mundane (light bulb, bladeless fan, smart thermostat) to something out of science fiction (handheld microwave camera that sees through walls, smart bullets, teleportation, eye camera). Time also created a list of the five worst inventions which include a smile monitor for employees at Keihin Electric Express Railway in Japan and a bra that converts to two gas masks.

USPTO Work Sharing With Other Patent Offices

2009-11-19T08:07:00.000-08:00

In his Wednesday, Nov. 18, 2009 blog USPTO Director David Kappos discusses the benefits of patent offices from different countries sharing background work leading up to the filing of a patent. Shared work could include prior art searches and office actions that apply similar patentability criteria. However, he emphasized that work sharing would not substitute for decisions about whether an invention is patentable in the United States.

Director Kappos specifically mentioned bilateral agreements among the USPTO, EPO, and JPO made at the Trilateral meetings in Kyoto, Japan last week that will enable the USPTO "to use international search reports, written opinions, and international preliminary examination reports developed within the framework of the international Patent Cooperation Treaty (PCT), in examining patent applications filed at the USPTO."

Trademark Tribal Insignia Database

2009-11-19T07:19:00.000-08:00

According to an announcement in the Federal Register, the USPTO has created a database containing the official insignia of all federally and state recognized Native American tribes. Tribes can voluntarily submit insignias to this database. The database serves as a reference to help determine the "the registrability of a mark that may be similar to the official insignia of a Native American tribe." An FAQs page is available with further information including how to search for tribal insignias in the larger USPTO Trademark Database.

USPTO Director's New Blog

2009-11-11T19:53:00.000-08:00

On Nov. 10 David Kappos, the new Commerce Under Secretary and USPTO Director, launched a blog to get feedback from the Intellectual Property (IP) community. His first blog entry discusses the Independent Inventors Conference held at USPTO last week, initiatives geared toward small entity inventors, and proposed patent reform legislation including moving to a first to file system.

Kappos says the first to file system represents only a minimal change and would still protect the inventor:

The new system would not create a situation where someone could steal an idea and win a race to the patent office. That person would not be an inventor and would not be eligible for a patent in the first place. Keep in mind that there are stiff penalties in place to protect against that. So the real issue involves the case of simultaneous non-collaborative invention that is currently resolved through the interference system.

He goes on to say that only ".01 percent of all patent applications could be affected by a change to first inventor to file."

Federal Register Notice: USPTO Performance Review Board Members

2009-11-03T10:51:00.000-08:00

[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Notices][Page 54963]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26oc09-33]

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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-C-2009-0046]
Performance Review Board (PRB)
AGENCY: United States Patent and Trademark Office.
ACTION: Notice.

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SUMMARY: In conformance with the Civil Service Reform Act of 1978, 5 U.S.C. 4314(c)(4), the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.

ADDRESSES: Director, Human Capital Management, Office of Human Resources, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

FOR FURTHER INFORMATION CONTACT: Karen Karlinchak at (571) 272-6200.

SUPPLEMENTARY INFORMATION: The membership of the United States Patent and Trademark Office Performance Review Board is as follows:

Sharon Barner, Chair, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.
Stephen S. Smith, Vice Chair, Chief Administrative Officer, United States Patent and Trademark Office.
Robert K. Stoll, Commissioner for Patents, United States Patent and Trademark Office.
Lynne G. Beresford, Commissioner for Trademarks, United States Patent and Trademark Office.
Barry K. Hudson, Chief Financial Officer, United States Patent and Trademark Office.
Arti K. Rai, Administrator for External Affairs, United States
Patent and Trademark Office.
John B. Owens II, Chief Information Officer, United States Patent
and Trademark Office.
James A. Toupin, General Counsel, United States Patent and
Trademark Office.

Alternates

Lois E. Boland, Director, Office of Intellectual Property Policy and Enforcement, United States Patent and Trademark Office.
Deborah S. Cohn, Deputy Commissioner for Trademark Operations, United States Patent and Trademark Office.
Margaret A. Focarino, Deputy Commissioner for Patent Operations,
United States Patent and Trademark Office.

Dated: October 19, 2009.
David J. Kappos, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
[FR Doc. E9-25722 Filed 10-23-09; 8:45 am]

BILLING CODE 3510-16-P

Federal Register: Patents Ombudsman Pilot Program Comment Request

2009-11-03T10:43:00.000-08:00

[Federal Register: October 27, 2009 (Volume 74, Number 206)]
[Notices] [Page 55212]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

To view the complete text of this Comment Request see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr27oc09-45

Request for Comments on Patents Ombudsman Pilot Program

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for comments.

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SUMMARY: The United States Patent and Trademark Office (USPTO) is currently developing a Patents Ombudsman Pilot Program. The Patents Ombudsman Pilot Program is intended to provide patent applicants, attorneys and agents with assistance with application-specific issues including prosecution advancement concerns. The Patents Ombudsman Pilot Program is not intended to circumvent normal communication between pro se applicants or applicant's representatives and examiners or Supervisory Patent Examiners (SPEs). The USPTO is inviting public comment on the proposed Patents Ombudsman Pilot Program.

Comment Deadline Date: Written comments must be received on or before November 27, 2009. No public hearing will be held.

Federal Register: Re. Trademark Signatures, Representatives, and Correspondence Address

2009-11-03T10:32:00.000-08:00

[Federal Register: October 26, 2009 (Volume 74, Number 205)]
[Rules and Regulations][Page 54898-54912]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

To see the complete text of this Final Rule see:
http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr26oc09-4

Changes in Requirements for Signature of Documents, Recognition of Representatives, and Establishing and Changing the Correspondence Address in Trademark Cases

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule
SUMMARY: The United States Patent and Trademark Office (``Office'') is revising the Trademark Rules of Practice to set forth the requirements for signature of documents filed in the Office, recognition of representatives, and establishing and changing the correspondence address in trademark cases.

DATES: This rule is effective December 28, 2009.

State & City Patent Statistics Table & Map

2009-09-24T08:35:00.000-07:00

The nonprofit State Science and Technology Institute has taken raw data from the USPTO and compiled it into a statistical table that indicates number of patents issued per 100,000 employees by state for FY 2003-2007. The USPTO bases the state of origin of a patent on the resident of the first-named inventor.

Notable trends for this time period include:

In 2007 the top five states for number of patents issued per 100,000 employees were: Idaho (210.1), Vermont (179.9), California (144.5), Washington (133.1), and Oregon (132.1)
In 2007 the five states/district with the lowest number of patents issued per 100,000 employees were: Alaska (7.7) , District of Columbia (10.5), Hawaii (13.1), Arkansas (14.4), and Louisiana (15.7).
Only seven states and the District of Columbia increased the number of patents per employee: Washington (40.3%), North Dakota (36.5%), D.C. (36.3%), Rhode Island (15.1%), Vermont (13.7%), Oregon (10.6%), Kansas (0.8%), and Nebraska (0.6%).
Texas has consistently ranked 19th or 20th in the number of patents issued per 100,000 employees.

If you'd something more exciting than a table, FreePatentsOnline has come up with an inventive way to display geographic inventor data by creating a Google maps mash-up. Starting with their map of the U.S., click on a state, then a city, then a number (number of patent applications from that area) to see a list of recent patent application numbers and titles contained in their database. You can also use the application numbers to do a "Publication Number Search" in the USPTO applications (AppFT) database.

14th Annual Independent Inventors Conference

2009-09-17T14:47:00.000-07:00

The USPTO and the National Inventors Hall of Fame are sponsoring the 14th Annual Independent Inventors Conference at the USPTO campus in Alexandria, Virgina, on Nov. 5-6, 2009. Speakers will include:

David Kappos, Under Secretary of Commerce for Intellectual Property and Director of the USPTO
Roger Kilmer, Director of the Manufacturing Extension Partnership (MEP) at the USPTO and
Don Skomsky inventor and winner of NASA's International Create the Future new technology competition.

Registration is now open and the $120 registration fee includes two days worth of sessions and presentations, refreshments, and lunch. The registration fee also includes access to a pre-conference workshop on Nov. 4 from 5-7 p.m. for beginners to learn about the basics of the patent process.

The American Intellectual Property Law Association (AIPLA) and the Intellectual Property Owners Association (IPO) are also sponsoring an opening night (Thurs.) reception to foster networking opportunities.

Patent Reexaminations

2009-08-12T13:45:00.000-07:00

[Federal Register: August 10, 2009 (Volume 74, Number 152)]
[Notices]
[Page 39916-39918]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10au09-11]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office

Patent Reexaminations

ACTION: Proposed collection; comment request.

The complete comment request is available at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2009_register&docid=fr10au09-11

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SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the new information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before October 9, 2009.

ADDRESSES: You may submit comments by any of the following methods:

E-mail: Susan.Fawcett@uspto.gov. Include A0651-00XX Patent Reexaminations comment@ in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan K. Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, Administrative Management Group, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Federal Rulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Robert A. Clarke, Director, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7735; or by e-mail at Robert.Clarke@uspto.gov.

SUPPLEMENTARY INFORMATION:

I. Abstract

The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, allow applications and issue them as patents.

Chapter 30 of Title 35 U.S.C. provides that any person at any time may file a request for reexamination by the USPTO of any claim of a patent on the basis of prior art patents or printed publications. Once initiated, the reexamination proceedings under Chapter 30 are substantially ex parte and do not permit input from third parties. Chapter 31 of Title 35 U.S.C. provides for inter partes reexamination allowing third parties to participate throughout the reexamination proceeding. If a request for ex parte or inter partes reexamination is denied, the requester may petition the Director to review the examiner's refusal of reexamination. The rules outlining ex parte and inter partes reexaminations are found at 37 CFR 1.510-1.570 and 1.902-1.997.

Information requirements related to patent reexaminations are currently covered under OMB Control Number 0651-0033, along with other requirements related to patent issue fees and reissue applications. The USPTO is proposing to move the following items that are under 0651-0033 into a new information collection for Patent Reexaminations: Request for Ex Parte Reexamination Transmittal Form; Request for Inter Partes Reexamination Transmittal Form; Petition to Review the Refusal to Grant
Ex Parte Reexamination; Petition to Review the Refusal to Grant Inter Partes Reexamination; and Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination.

The USPTO is also proposing to include additional items related to patent reexaminations in this new information collection: Request for Ex Parte Reexamination; Request for Inter Partes Reexamination; Patent Owner's 37 CFR 1.530 Statement; Third Party Requester's 37 CFR 1.535 Reply; Amendment in Ex Parte or Inter Partes Reexamination; Third Party Requester's 37 CFR 1.947 Comments in Inter Partes Reexamination; Response to Final Rejection in Ex Parte Reexamination; Patent Owner's 37 CFR 1.951 Response in Inter Partes Reexamination; and Third Party Requester's 37 CFR 1.951 Comments in Inter Partes Reexamination. These additional items are existing information requirements that previously were not fully covered by an information collection and are now being included in order to more accurately reflect the burden on the public for submitting requests related to patent reexaminations.

The Requests for Ex Parte and Inter Partes Reexamination are distinct collections from the Request for Ex Parte Reexamination Transmittal Form and the Request for Inter Partes Reexamination Transmittal Form, respectively. Whereas the transmittal forms are used by a requester (patent owner or third party) as a checklist to ensure compliance with the requirements of the statutes and rules for ex parte and inter partes reexaminations, the newly added collections represent the substantive analysis undertaken by a requester of reexamination. Thus, the Requests for Ex Parte and Inter Partes Reexamination are not new requirements. The other items being included in this new

[[Page 39917]]

collection cover additional information that may be submitted by patent owners and third party requesters in relation to a reexamination proceeding. Likewise, these items are existing requirements that previously were not fully covered by an information collection.

The public uses this information collection to request reexamination proceedings and to ensure that the associated fees and documentation are submitted to the USPTO.

New USPTO Director

2009-08-07T12:56:00.000-07:00

On August 7, 2009 the U.S. Senate confirmed David Kappos as the Under Secretary of Commerce for Intellectual Property and Director of the U.S Patent and Trademark Office (USPTO). Kappos comes to the USPTO from IBM where, as vice president and assistant general counsel for intellectual property, he managed IBM's patent and trademark portfolios. More information about him is available in a news release.

Federal Register: Trademark Examination Guides Updates

2009-08-07T09:55:00.000-07:00

[Federal Register: July 13, 2009 (Volume 74, Number 132)]
[Notices]
[Page 33416-33417]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jy09-40]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-T-2009-0026]

Trademark Examination Guides 01-09 and 02-09 on Deceptiveness
Refusals

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice
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SUMMARY: The United States Patent and Trademark Office (``USPTO'' or``Office'') is publishing two Trademark Examination Guides (``Guides'') regarding deceptiveness refusals for non-geographic and geographic marks. These Guides, issued on May 11, 2009, are being published to give members of the public notice of them in addition to the notice already provided on the USPTO's Web site. Members of the public may submit comments regarding the Guides. Comments will be given consideration in connection with developing future examination guidance dealing with the subjects of the Guides.

ADDRESSES: The Office prefers that any comments be submitted via electronic mail message to TMFRNotices@uspto.gov. Written comments may also be submitted by mail addressed to: Commissioner for Trademarks,P.O. Box 1451, Alexandria, VA 22313-1451, marked to the attention of Cynthia C. Lynch; or by hand delivery to the Trademark Assistance Center, Concourse Level, James Madison Building--East Wing, 600 Dulany
Street, Alexandria, Virginia, marked to the attention of Cynthia C.Lynch.

The comments will be available for public inspection on the Office's Web site at http://www.uspto.gov and will also be available at the Office of the Commissioner for Trademarks, Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia. Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy Commissioner for Trademark Examination Policy, by electronic mail at: cynthia.lynch@uspto.gov; or by mail addressed to: Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451, marked to the attention of Cynthia C. Lynch.

SUPPLEMENTARY INFORMATION: On May 11, 2009, the Office issued Examination Guides 01-09 and 02-09 regarding examination procedures for marks that may be deceptive under either section

[[Page 33417]]

2(a) or section 2(e)(3). Section 2(a) of the Trademark Act, 15 U.S.C. 1052(a), prohibits, inter alia, the registration of deceptive matter. Section 2(e)(3) of the Trademark Act, 15 U.S.C. 1052(e)(3), prohibits the registration of primarily geographically deceptively misdescriptive marks. Each Guide reviews and discusses case law regarding: (1) The elements of the refusal; (2) evidentiary issues with respect to the refusal; and (3) procedures for issuing refusals. The Guides may be
found on the Office's Web site at: http://www.uspto.gov/web/offices/ tac/notices/notices.htm.

The purpose of these Guides is to promote consistency in examination and to provide guidance to examining attorneys regarding when deceptiveness refusals must be issued. These Guides do not constitute substantive rulemaking and hence do not have the force and effect of law. They have been developed as a matter of internal Office management and are not intended to create any right or benefit, substantive or procedural, enforceable by any party against the Office. To the extent that earlier guidance from the Office, including certain sections of the Trademark Manual of Examining Procedure (TMEP), 5th edition, is inconsistent with the guidance set forth in the Guides, Office personnel are to follow the Guides. The next revision of the TMEP will be updated accordingly.

Any member of the public may submit written comments on either or both of the Guides. The Office will consider any comments received in connection with developing future examination guidance dealing with the subjects of the Guides. Persons submitting comments should note that the USPTO does not plan to provide a response to or analysis of any comments, as these Guides are not notices of proposed rulemaking.

Dated: July 6, 2009.
John J. Doll,
Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office.
[FR Doc. E9-16424 Filed 7-10-09; 8:45 am]

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