Wednesday, September 1, 2010

Pilot Program - 12 Month Extension to Nonprovisional Missing Parts

[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.