Happy World Intellectual Property Day

The World Intellectual Property Organization (WIPO) has declared April 26, 2007 as World Intellectual Property Day. Countries around the world are celebrating with a wide variety of activities ranging from intellectual property contests for students to seminars to on-line chats.

For universities and research and development (R&D) organizations in developing countries, WIPO has recently launched the WIPO University Initiative. This program uses Intellectual Property (IP) Coordinators who provide information and advice about IP matters to enable these organizations to implement IP policies, analyze IP information, develop IP assets, and make wise decisions about technology transfer and licensing.

Proposed Changes - USPTO

The USPTO has recently published in the Federal Register several proposed changes to patent procedures.

First, the USPTO is piloting a program that will allow customers to access and manage their financial activity records online.

Next, regarding ex parte and inter partes reexamination proceedings, the USPTO proposes to add two items, an electronic version of the Issue Fee Transmittal (Form PTOL-85B) and a petition to request an extension of time.

Likewise, the USPTO posted a final rule pertaining to ex parte or inter partes reexamination designating the correspondence address for the patent as the correct address for all communications. It also specifies the use of a single mail stop address to file ex parte reexamination papers (as is already the case for inter partes reexamination papers) and prohibits supplemental patent owner responses to an Office action in inter partes reexamination proceedings without sufficient cause. The USPTO, however, is not implementing a proposed rule "to newly provide for a patent owner reply to a request for reexamination, prior to the Office's decision on the request."

Finally, as of Oct. 31, 2007, the USPTO will cease accepting correspondence sent to the previous location of the Madrid Processing Unit (MPU) in Arlington, Virginia. The current address is: Madrid Processing Unit, 600 Dulany Street, MDE-7B87, Alexandria, VA 22314-5793.

Accelerated Review of Patent Applications

On March 13 the USPTO granted the first patent under its new accelerated review program. The patent was granted 6 months after the application was filed, 18 months earlier than the usual 2 year pendency. Accelerated review means that the applicant will have a final decision with 12 months of filing.

Per the USPTO Guidelines for Applicants Under the Accelerated Examination Procedure, to qualify for accelerated review, an applicant must:

1. Submit the petition and fee (where appropriate)
2. File the request with respect to an application filed under 35 USC 111(a)
3. File the application via the EFS or EFS-Web; also all follow-on submissions
4. File a complete application complying with 37 CFR 1.51
5. File 3 or fewer independent claims and no more than 20 claims total
6. File an application for a single invention or agree to elect without traverse a single invention for examination
7. Agree to an interview with the examiner to discuss any outstanding issues arising in the examination process
8. Conduct a pre-examination search
9. Provide an accelerated examination support document

Vote on What Patents Should be Approved

According to this Washington Post article, the USPTO is piloting a new project in which the general public can comment on pending patent applications.

Federal Register Notices Re. Paperwork Reduction

The February 26, 2007 (Vol. 72, No. 37, p.8355) Federal Register contains a submission to the Office of Management and Budget (OMB) by the USPTO regarding Initial Patent Applications. Since electronic filing is fairly new, the USPTO does not yet have an accurate estimate of the time it takes to fill out an electronic application. Until USPTO personnel can reevaluate the timing with more data, they have indicated to OMB that it takes about the same amount of time to fill out the electronic application as it does the paper version.

Comments and recommendations about this submission can be addressed to David Rostker, OMB Desk Officer, Room 10202, New Executive Office Building, 725 17th Street NW., Washington, DC 20503 to be received on or before March 18,2007.

Another USPTO entry in the February 26, 2007 (Vol. 72, No. 37, p.8356-8357) Federal Register invites comment about the USPTO's efforts to reduce paperwork as required by the Paperwork Reduction Act of 1995. The entry focuses on practitioner records maintenance, disclosure, and discipline before the Patent and Trademark Office.

Written comments about these procedures must be submitted on or before April 27, 2007 by any of the following methods:

• E-mail:Susan.Brown@uspto.gov. Include
  ``0651-0017 comment'' in the subject line of the message.


• Fax: 571-273-0112,
  marked to the attention of Susan Brown.


• Mail: Susan K. Brown, Records Officer, Office of the Chief Information Officer, Architecture, Engineering and Technical Services, Data Architecture and Services Division, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.