USPTO seeks public input on interpretation of the article of manufacture requirement

The United States Patent and Trademark Office (USPTO) seeks public input on whether its interpretation of the article of manufacture requirement in section 171 of Title 35 of the United States Code should be revised to protect digital designs that encompass new and emerging technologies.

Because certain new and emerging technologies, such as projections, holographic imagery, or virtual/augmented reality do not require a physical display screen or other tangible article to be viewable, the USPTO is exploring whether its practice should be revised to make design patent protection available for these digital designs in new technologies.

For more information, view the request for comments in the Federal Register.

Upcoming Patents and Trademarks URL changes

On Sunday, January 17, we will be shortening Patents and Trademarks URLs to provide a more consistent customer experience.

You may encounter a brief period of "page not found" or "404 error" messages if you visit our website while this maintenance work takes place, as it will take about 30 minutes for the old URLs to be redirected to their new pathways:

www.uspto.gov/patents	www.uspto.gov/trademarks
www.uspto.gov/patents/basics	www.uspto.gov/trademarks/basics
www.uspto.gov/patents/apply	www.uspto.gov/trademarks/apply
www.uspto.gov/patents/maintain	www.uspto.gov/trademarks/maintain
www.uspto.gov/patents/search	www.uspto.gov/trademarks/search
www.uspto.gov/patents/laws	www.uspto.gov/trademarks/laws

Advances in searching for prior art

Blog by Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO and Drew Hirshfeld, Commissioner for Patents of the USPTO  

Patent examination, though inherently complex, is in large part a fact-finding mission with the goal of providing predictable and reliable intellectual property rights. The prior art search is the foundation for achieving this mission.

Keep Reading.

PTAB Rules of Practice for Instituting on All Challenged ......

Federal Register
Vol. 85, No. 237
Wednesday, December 9, 2020

Patent and Trademark Office

RULES

Appeal Board Rules of Practice for Instituting on All Challenged Patent Claims and All Grounds and Eliminating the Presumption at Favoring Petitioner as to Testimonial Evidence,

79120–79129 [2020–27048]                                                 [TEXT]  [PDF]

Dec. 15: Webinar on understanding patenting in China

Register to attend the latest in a series of USPTO webinars focused on intellectual property protection and enforcement in China. This free program, “Understanding patenting in China,” will take place Tuesday, December 15, from 10 a.m. to 12 p.m. ET.

The program will provide an overview of China’s patenting process. It will include a detailed discussion of a hypothetical case that will draw on the experience and insights of seasoned patent experts from the USPTO and the private sector.

USPTO Executive Speaking Engagements for the week of December 7

Tuesday, December 8 (7-9 a.m. ET) 
USPTO Director Andrei Iancu
Trilateral (USPTO, Japan Patent Office, European Patent Office) Meeting
Role of the Trilateral Offices

Tuesday, December 8 (1:45-2:45 p.m. ET) 
USPTO Director Andrei Iancu
Washington State University faculty and students
Expanding American innovation

Tuesday, December 8 (3:30-4:30 p.m. ET) 
USPTO Director Andrei Iancu
University of North Dakota faculty and students
Expanding American innovation

Wednesday, December 9 (9 a.m. to 12 p.m. ET)
USPTO Deputy Director Laura Peter
Center for Artificial Intelligence (AI) and Patent Analysis
Artificial Intelligence in IP

Thursday, December 10 (12-1:40 p.m. ET) 
USPTO Director Andrei Iancu
Center for Intellectual Property (IP) Forum (and the Berkeley-Stanford APLI)
Role of IP, AI, and COVID

Thursday, December 10 (2:15-3:15 p.m. ET) 
USPTO Director Andrei Iancu
Design Law 2020 Symposium
U.S. Design Rights and protection

Friday, December 11 (1-2 p.m. ET) 
USPTO Director Andrei Iancu
Licensing Executives Society (LES), D.C. Chapter
Importance of IP, intellectual property rights, and NCEAI

Friday, December 11 (3-4 p.m. ET) 
USPTO Director Andrei Iancu
Massachusetts Institute of Technology faculty and students
Expanding American innovation

All events to be held in a virtual format. Events open to the public are noted with a link. Other events are shared for advisory purposes only. Follow our social media to stay up-to-date with highlights from these engagements and others. Questions from the media can be directed to Press Secretary Paul Fucito at Paul.Fucito@uspto.gov.

Patent Center beta webinars

Patent Center beta is available for all users. It is a new tool for electronic filing and management of patent applications in a single unified interface.

Join us for training on how to use various features in Patent Center, including filing in DOCX. Several members of the eCommerce Modernization (eMod) team will share information and conduct a demo, followed by a question-and-answer session.

Register to attend one of the webinars:

• Thursday, December 10, 1-2 p.m. ET

• Thursday, January 14, 1-2 p.m. ET

• Thursday, January 28, 1-2 p.m. ET

You will receive instructions for joining the webinar via email prior to your registered session.

We encourage you to use Patent Center beta and provide feedback to help shape the future of our systems. Please visit the eMod IdeaScale to provide feedback. More information about Patent Center beta is available on the Patent Center information page of the USPTO website. Future training opportunities will be posted to that page.

For assistance, questions, or feedback, please contact eMod@uspto.gov.

Dec. 15: The 14th annual USPTO-GIPC intellectual property attaché roundtable

Join the USPTO and the Global Intellectual Property Center (GIPC) for the 14th annual intellectual property (IP) attaché roundtable on Tuesday, December 15, from 8:30-10:30 a.m. ET. This virtual program is free to attend. 

Register today to hear in-depth presentations on recent trends and challenges in IP protection and enforcement around the world from the USPTO’s IP attachés.

For more information and to register, visit the event page on the USPTO website.

Postal service interruption notices published for USPTO customers affected by hurricanes and wildfires

The United States Patent and Trademark Office (USPTO) has posted notices designating the interruptions in service of the United States Postal Service in the areas affected by Hurricane Laura in Louisiana and Texas; Hurricane Sally in Alabama, Florida, and Louisiana; and the wildfires in California, Oregon, and Washington as postal service interruptions and emergencies within the meaning of 35 U.S.C. § 21(a). The designations provide support for any relevant petition to the Director under 37 CFR 1.10(i), or 2.146 and 2.195(d) to consider correspondence as filed on a particular date.

The designations have no impact on electronic filings at the USPTO.

The notices will also be published in the Official Gazette.

USPTO to adopt N-Wave network services

This month, the USPTO and the National Oceanic and Atmospheric Administration (NOAA) announced their new relationship for enhanced telecommunications. Read about the partnership in this month’s issue of N-Wave News, NOAA’s bi-annual newsletter.

Using NOAA’s N-Wave technology, N-Wave’s network services will deliver more efficient, higher-speed connectivity for USPTO operations.

“In our move to stabilize and modernize IT, we’re introducing powerful new solutions to strengthen our enterprise backbone,” said Chief Information Officer Jamie Holcombe. “In a new inter-agency agreement, the USPTO is adopting NOAA’s N-Wave network services to add significant bandwidth, speed, and flexibility to our IT infrastructure as we migrate services and applications to the cloud and improve regional office connectivity. Speedier, stable connections on campus, and throughout the country can function as a lever for our IT transformation, enabling us to more quickly develop and release new innovative services to stakeholders.”

N-Wave’s network services are available at the USPTO headquarters in Alexandria, Virginia, at the USPTO regional offices in Denver, San Jose, and Dallas, and at our newest hosting location in Manassas, Virginia.

Meet the Trademark Experts

Wed, December 2, 2020

12:30 PM – 1:30 PM CST

Join USPTO Texas Regional Office's teleconference for an free interactive Q&A session with the USPTO's Trademark Experts. This month's presentation will cover navigating the Trademark Electronic Search System (TESS), the Identification of Goods and Services Manual, and the maintaining of federal trademark registrations. Make sure to bring your questions to this online discussion with the Trademark Assistance Center (TAC). Space is limited, so please register early. 

The TAC is located at the USPTO's headquarters in Alexandria, Virginia and provides general information about the trademark registration process.

For inquiries and more information about the event, please email TXROevents@uspto.gov, visit the Texas Regional Office home page, or call us at 469-295-9000

Innovators and entrepreneurs: Learn about IP basics and helpful resources

Webinar: IP Basics

Thursday, Dec. 3 at 12pm ET, and

Thursday, Jan. 7 at 12 pm, ET

Unfamiliar with patents, trademarks, copyrights, and trade secrets? Don’t miss this opportunity to learn from USPTO experts about intellectual property (IP) basics and potential ways to protect your innovation as you transition from idea to product. 

The Midwest Regional USPTO offers this session for aspiring entrepreneurs, innovators, and students the first Thursday of each month. Space is limited, so register early.

The discussion will cover:

• An overview of intellectual property types: patents, trademarks, copyrights, and trade secrets
• Why innovators and entrepreneurs should consider protecting their IP
• Local resources and assistance available through the USPTO and other agencies

The Midwest Regional USPTO is offering this event for nationwide participation starting at noon ET. For more information, email MidwestRegion@uspto.gov or call 313-446-4800.

The Path to a Patent, Part V: Learn how to file your patent application using EFS-Web

Filing patent application using EFS-Web

Fri, December 4, 2020

12:00 PM – 2:00 PM CST

Now that you have finished your patent application, the last step is filing with the USPTO. Learn how to use the Electronic Filing System-Web (EFS-Web) and manage your patent application online using the Patent Application Information Retrieval (PAIR) system. This event is free and open to the public, so register early. 

The presentation includes an interactive tutorial, an overview of various helpful resources such as the Inventor’s Assistance Center (IAC), and information about the Patent Electronics Business Center (EBC). 

The December 4 session will be offered virtually via WebEx to those who register for the event.  Please register by December 3.

For accessibility requests, please email rockymountain@uspto.gov or call 303-297-4600.

USPTO directs customers to online portal for patent and trademark copy requests

The United States Patent and Trademark Office (USPTO) encourages customers to submit requests for copies of certified and uncertified patents and trademarks using the Certified Copy Center (CCC) storefront on the USPTO website.

Beginning January 1, 2021, the USPTO will direct all email and fax requests to its CCC storefront. Customers may also visit the patent page of the USPTO website to search for and download uncertified copies of issued patents, or the trademark page to search for and download uncertified copies of registered trademarks. 

The CCC storefront was established in 2019 to replace the Order Entry Management System. Under the new system, customers can place online orders for certified and uncertified copies and track the order progression in real time.

Please direct any questions to CCC customer service personnel at dsd@uspto.gov or (571) 272-3150, or visit the customer service webpage for more information.

USPTO Executive Speaking Engagements for the week of November 30

Tuesday, December 1 (3-4:20 p.m. ET) 
USPTO Director Andrei Iancu
Rutgers University faculty and students
Expanding American innovation

Wednesday, December 2 (6-7 p.m. ET)  
USPTO Director Andrei Iancu
University of Illinois at Chicago faculty and students
Expanding American innovation

Thursday, December 3 (10 a.m. to 12 p.m. ET) 
USPTO Director Andrei Iancu
ILPO (Israel Patent Office)-USPTO Webinar
Opening remarks on trademark trends

Friday, December 4 (9-10 a.m. ET) 
USPTO Director Andrei Iancu
Columbia University faculty and students
Expanding American innovation

All events to be held in a virtual format. Events open to the public are noted with a link. Other events are shared for advisory purposes only. Follow our social media to stay up-to-date with highlights from these engagements and others. Questions from the media can be directed to Press Secretary Paul Fucito at Paul.Fucito@uspto.gov.

Watch the video recording of the Speaker Series event featuring Dr. Marian Rogers Croak

The latest USPTO Speaker Series event on October 21 featured Dr. Marian Rogers Croak. 

Dr. Croak and Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the USPTO, along with the audience, discussed her decades of work on advanced technologies for voice and data networks and the internet. Watch the recording of the event on YouTube. 

Dr. Croak holds more than 200 patents and has over 100 pending patent applications. She is now Vice President for Site Reliability Engineering at Google Inc., where she works on initiatives such as the Loon Project, which seeks to use high-altitude balloons as cell towers to provide WiFi access to trains in rural India and other parts of the world. 

“If you didn’t attend the event, I urge you to take time and watch the video,” said Under Secretary Iancu. “Dr. Croak is a shining example of the power of American innovation, and her success is an inspiration to America’s future generations of inventors.” 

View the inspiring event now. 

The USPTO Speaker Series is a regularly occurring program featuring American inventors and entrepreneurs who share their remarkable personal stories of invention, innovation, entrepreneurship, or leadership. View past Speaker Series programs on the USPTO’s YouTube channel.