Tuesday, May 25, 2021

Learn how to file DOCX documents in your applications using USPTO systems

Join the United States Patent and Trademark Office (USPTO) for a training webinar on how to file in DOCX through Patent Center or EFS-Web. Filing in DOCX provides many benefits in the patent application process, including:

  • eliminating the need to convert structured text into a PDF for filing
  • instant feedback analysis to detect common errors that may otherwise delay processing an application
  • automatic metadata detection and removal to support the submission of only substantive information in the file

The eCommerce Modernization (eMod) team will provide information and conduct a demo using the Patent Center training mode, followed by a question-and-answer session. Applicants are encouraged to use the Patent Center training mode to practice filing in DOCX without saving/storing data to USPTO systems.

Register to attend a May training webinar:

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

For more information and to view frequently asked questions, visit the DOCX page of the USPTO website.

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

Modernizing patent filing with DOCX

 Guest blog by Acting Commissioner for Patents Andrew Faile and Chief Information Officer Jamie Holcombe

At the USPTO, we are continuously working to modernize and streamline our patent application systems. As part of that ongoing effort, you can now file patent application-related documents in DOCX format through EFS-Web, Private PAIR, and Patent Center. To improve application quality and efficiency, the USPTO will be transitioning to DOCX for all filers on January 1, 2022. 

Keep Reading.

 

USPTO holding roundtables on notice of proposed rulemaking on the Trademark Modernization Act

The United States Patent and Trademark Office (USPTO) will host two virtual roundtables to hear public input and questions about the Trademark Modernization Act of 2020 (TMA) notice of proposed rulemaking (NPRM), which was published on May 18. All members of the public are invited to participate, but registration is required:

Each roundtable will feature a presentation on the NPRM and will follow the same format. If you want to ask questions, provide informal comments, or receive clarity on a certain aspect of the TMA, these roundtables are for you.

For more information on the NPRM and details on submitting formal comments, visit the TMA page on the USPTO website.

USPTO announces recipients of the 2020 Patent Pro Bono Achievement Certificate

WASHINGTON – The United States Patent and Trademark Office (USPTO) today announced the recipients of the 2020 Patent Pro Bono Achievement Certificate, which recognizes individuals and law firms that assist financially under-resourced inventors and small businesses seeking patents. 

Established under the 2011 America Invents Act, the USPTO’s Patent Pro Bono Program is a nationwide network of independently operated regional programs that match volunteer practitioners with financially under-resourced inventors and small businesses for the purpose of securing patent protection. Each regional program provides services for residents of one or more states.

In 2020, the program shattered its previous volunteer participation record, as more than 100 patent practitioners and over 25 corporations and law firms reported 50 or more hours of patent pro bono service to a regional patent pro bono program. The recognized practitioners are listed on the Practitioner recognition page on the USPTO website. 

“I want to thank all of the recipients for their commitment to helping under-resourced inventors and small businesses in what was an especially challenging year for so many,” said Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. "The work of these practitioners helped contribute to the 273 pro bono patent applications we received in 2020. Because of their service, the innovation economy is stronger.” 

To date, more than 1,800 patent practitioners have agreed to volunteer their time and resources to help make the Patent Pro Bono Program a success. Since 2015, these legal professionals have filed more than 1,500 patent applications on behalf of their pro bono clients.

For more information on participating, visit the Patent Pro Bono Program page and click on your state to identify a regional program in your area, or email probono@uspto.gov.

USPTO seeks nominations for Patent and Trademark Public Advisory Committees

The United States Patent and Trademark Office (USPTO) seeks nominations to fill upcoming vacancies on the Patent Public Advisory Committee and the Trademark Public Advisory Committee. Please submit nominations electronically on or before July 9, 2021. Submission details are available in the Federal Register Notice.

The Public Advisory Committees were created in 1999 through the Patent and Trademark Office Efficiency Act to advise the Secretary of Commerce and the Under Secretary of Commerce for Intellectual Property and Director of the USPTO on the management of patent and trademark operations, including matters related to goals, performance, budgets, and user fees. Each committee consists of nine voting members appointed by, and serving at the pleasure of, the Secretary of Commerce. Each member serves a three-year term.

For more information, please contact the Office of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, at 571-272-8600.

Webinar on trademark Post Registration Audit Program

Are you an experienced trademark filer who wants to learn more about the United States Patent and Trademark Office's (USPTO) Post Registration Audit Program? Register today for a free webinar on June 3, from 3-4:30 p.m. ET.

You'll learn about: 

  • The significance of “use in commerce”
  • What happens during an audit and how to prepare for one
  • Responding to audits

The USPTO is applying for CLE credit in Virginia for this webinar. See the full event listing on the USPTO website for more information.

Please contact TM_Webinar@uspto.gov with questions.

New tool available to help appellants prepare ex parte appeal briefs

In celebration of National Inventors Month, the Patent Trial and Appeal Board (PTAB) has released a new tool to help inventors, pro se appellants, new practitioners, and those interested in learning more about the PTAB file an ex parte appeal brief.

The new appeal brief tool has two parts:

  • A Word document template that serves as the starting point for your brief; and
  • A PDF that provides general guidance on the various sections in the template.

Find these documents on the Preparing an ex parte appeal brief page on the USPTO website.

TTAB introduces additional programs for COVID-related applications

In response to the COVID-19 pandemic, and in view of the critical need to develop and help speed to market medical products and services to combat COVID-19, the United States Patent and Trademark Office (USPTO) initiated the COVID-19 Prioritized Trademark Examination Program in June of 2020.

To further support efforts to combat COVID-19, the USPTO is now initiating a Pilot Prioritized Review Program for Appeals Related to COVID-19, in which the Trademark Trial and Appeal Board (TTAB) will expedite the review and issuance of ex parte appeal decisions for applications examined under the COVID-19 Prioritized Trademark Examination Program.

To further support these efforts, the USPTO will initiate a Conference Pilot Program for Oppositions Against Applications Related to COVID-19. With this program, a TTAB attorney or judge may participate in the parties’ mandatory settlement and discovery planning conference, as is always available upon request of a party, if the involved application was examined under the COVID-19 Prioritized Trademark Examination Program. Such conferences can be useful to the parties to provide clarity and procedural information.

For additional information on these programs, see the USPTO’s notice on the topic or visit the TTAB webpage on the USPTO website.

Tuesday, May 18, 2021

USPTO issues notice of proposed rulemaking to implement the Trademark Modernization Act

The United States Patent and Trademark Office (USPTO) will issue a notice of proposed rulemaking on Changes To Implement Provisions of the Trademark Modernization Act (TMA) of 2020 on May 18, 2021. The agency is seeking feedback on the new proposed rules.

The proposed rules address:

  • Two new ex parte proceedings to cancel registered trademarks for nonuse
  • A new ground for cancellation of a registration before the Trademark Trial and Appeal Board
  • Shorter response times for office actions
  • Letter of protest practice
  • Attorney recognition until revocation or withdrawal
  • Attorney withdrawal requirements
  • Court orders concerning registrations

The USPTO will be holding public roundtables to explain the proposed rules and answer questions. Further information on the public roundtables will be provided on the TMA webpage of the USPTO website.

You may submit feedback from tomorrow, May 18, 2021, to Monday, July 19, 2021, at www.regulations.gov

Find more information about TMA implementation on the TMA webpage of the USPTO website.

Get to know William Warner, this week’s #FeaturedInductee William Warner

William Warner set a new standard in the film industry when he invented the Avid Media Composer®, a digital, nonlinear editor with the ability to make instantaneous changes at anytime, anywhere in the program. Warner founded Avid Technology, Inc. in 1987, and popular movies such as “Titanic” and “The Matrix” were edited with his products.

Follow us on Facebook and Twitter to see the latest #FeaturedInductee and learn more about Warner.

Updated inventor and entrepreneur resources webpage

The United States Patent and Trademark Office (USPTO) has released a newly redesigned inventor and entrepreneur resources webpage on the USPTO website. The webpage is easily accessible from our home page.

Along with a clean look and feel, the new content is easier to navigate as it moves the user through resources available to them at each step of the patent and trademark application process. Highlights include: 

  • Pre-application resources: links to information on intellectual property (IP) basics, patent and trademark search tools, and how to get assistance with applications  
  • Application resources: links to application systems and fee tables  
  • Post-application resources: links to information on checking application status, responding to office actions, and utilizing petitions and appeals  
  • Post-grant entrepreneur resources: links to assist startups and users interested in licensing or selling their IP  
  • Information on protection against known patent and trademark scams  

We have also updated the small business resources webpage to make the information and accompanying links more visually appealing and user-friendly 

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

You can send the web team feedback about these changes at OCCOfeedback@uspto.gov.  

Today: Webinar and panel discussion commemorating the first anniversary of LEAP

Join the USPTO in a virtual celebration of the successful first year of the Legal Experience and Advancement Program (LEAP) today, May 18, from noon to 1 p.m. ET.

Patent Trial and Appeal Board (PTAB) Chief Judge Scott Boalick will deliver introductory remarks, and Chief Judge Barbara M. G. Lynn, U.S. District Court for the Northern District of Texas, will deliver a keynote address. The program also will feature an overview of LEAP and a panel discussion regarding development opportunities for newer practitioners. The distinguished panel includes Julie Mar-Spinola, Chair of the USPTO's Patent Public Advisory Committee (PPAC) and Chief IP Officer and Vice President of Legal Operations, Finjan; Kathi Vidal, Silicon Valley Managing Partner, Winston & Strawn LLP; Ian Soule, Associate, Sterne, Kessler, Goldstein & Fox P.L.L.C.; and Michelle Ankenbrand, Lead Judge, USPTO PTAB.

Please send questions in advance or during the webinar to LEAP@uspto.gov.

Register now. The event is free and open to all. Captioning service will be provided.

More information, including the webinar access information, is available on the LEAP page of the USPTO website.

Wednesday, May 12, 2021

Learn how to file DOCX documents in your applications using USPTO systems

Join the United States Patent and Trademark Office (USPTO) for a training webinar on how to file in DOCX through Patent Center or EFS-Web. Filing in DOCX provides many benefits in the patent application process, including:

  • eliminating the need to convert structured text into a PDF for filing
  • instant feedback analysis to detect common errors that may otherwise delay processing an application
  • automatic metadata detection and removal to support the submission of only substantive information in the file

The eCommerce Modernization (eMod) team will provide information and conduct a demo using the Patent Center training mode, followed by a question-and-answer session. Applicants are encouraged to use the Patent Center training mode to practice filing in DOCX without saving/storing data to USPTO systems.

Register to attend a May training webinar:

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

For more information and to view frequently asked questions, visit the DOCX page of the USPTO website.

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

Tip Tuesday: Filing a patent application on your own -- Pro Se Assistance Program

The patent process is a complex set of laws, regulations, policies and procedures; therefore, the USPTO always recommends using a registered patent attorney or agent to assist in preparing your application. The USPTO also recognizes that the cost of legal assistance is prohibitive for many applicants, particularly independent inventors and small businesses. The Pro Se Assistance Program is dedicated to help independent inventors and small businesses meet their goal of protecting valuable intellectual property.

The Pro Se Assistance Program provides outreach and education to applicants (also known as "pro se" applicants) who file patent applications without the assistance of a registered patent attorney or agent. USPTO employees cannot give legal advice. However, through increased assistance and resources for independent inventor and small business communities, the program aims to increase the quality of pro se applications and assist pro se applicants with making informed decisions regarding their patent applications.

Why is educating yourself about intellectual property protection important?

Intellectual property protection is critical to safeguard products and services from imitation, attract and secure funding from outside investors and promote the overall commercial success of any enterprise. In addition, the value of a patent is largely dependent upon skilled preparation and prosecution. Educating yourself is an important first step to develop an intellectual property strategy that can yield substantial economic benefits for your company and endeavors.


Copyright and the visual arts: Current issues

In the wake of the global pandemic, individual artists and small arts organizations are struggling to maintain their previous program schedules and income streams. Register now   for this free virtual program, which will highlight how a better understanding of copyright challenges and opportunities can help visual artists, galleries, libraries, archives, museums, and arts organizations find their path to a post-COVID recovery.

The program will feature presentations by copyright attorneys from the United States Copyright Office and Volunteer Lawyers for the Arts, who will cover the following topics: 

  • copyright fundamentals
  • current copyright issues that affect arts organizations
  • fair use doctrine and moral rights in the United States
  • steps artists and arts organizations can take to protect their intellectual property.

Question-and-answer sessions will follow each presentation.


Grant of Interim Extension of the Term of U.S. Patent: No. 9,364,354

[Federal Register Volume 86, Number 88 (Monday, May 10, 2021)]
[Notices]
[Page 24852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09846]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-P-2021-0027]


Grant of Interim Extension of the Term of U.S. Patent No. 
9,364,354; Reducer[supreg]

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice of interim patent term extension.
 
 [TEXT]  [PDF] 

June 2 webinar on NMTI nomination process

The USPTO is seeking nominations for the 2021 National Medal of Technology and Innovation (NMTI). The NMTI is the nation’s highest honor for technological achievement, bestowed by the President of the United States. To learn more about the nomination process, attend our webinar on Wednesday, June 2, at noon ET.

Anyone can nominate for the NMTI by submitting the online nomination form and letters of support. Applicants must complete nominations before midnight ET on July 30. We invite a wide range of submissions that will demonstrate the breadth of innovation taking place throughout the United States. Nominations of candidates from traditionally underrepresented groups are encouraged.

For more information, and to attend the June 2 webinar about the nomination process, please visit the NMTI webpage on the USPTO website.

United States issues patent number 11,000,000

WASHINGTON – The United States Patent and Trademark Office (USPTO) today officially issued U.S. patent number 11 million, recognizing an important milestone in American innovation and ingenuity.  

“This momentous benchmark is a reminder of the remarkable and enduring tradition of American innovation that has driven our nation forward for generations,” said U.S. Secretary of Commerce Gina Raimondo. “Building our economy back stronger requires new ideas and innovative solutions from every sector. I am proud to recognize patent 11 million, its inventors, and its promise.”

“Since the founding of our nation, American inventors have driven our culture and commerce with incredible ideas that have improved every function of our lives,” said Drew Hirshfeld, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the USPTO. “We owe a debt of gratitude to inventors who continue to show up day after day with solutions to the world’s most pressing problems. We congratulate the inventors behind patent 11 million and all of the innovators who helped the country reach this milestone.”

Patent number 11 million, granted to co-inventors Saravana B. Kumar and Jason S. Diedering of 4C Medical Technologies, Inc. in Maple Grove, Minnesota, is for a utility patent that provides a new method for delivering, positioning, and/or repositioning a collapsible and expandable stent frame within a patient’s heart chamber.

“We are incredibly excited and honored to be granted U.S. patent number 11 million for our invention,” said inventor Saravana Kumar. ”The 4C Medical beginning is a true story of American entrepreneurship, where Jason and I worked in a garage many nights and weekends to turn this idea into reality. We could not have gotten here without the support of so many, including my wife Katherine and 4C Medical’s founder, physician Dr. Jeff Chambers. Currently, our team is actively working to demonstrate the benefits of our technology to treat patients with severe mitral regurgitation as part of a U.S. clinical trial.”  

“4C Medical’s approach to inventing is simple—we identified a need, created a solution, and demonstrated its benefits. We are a team of highly driven and creative engineers who are committed to bringing lifesaving technologies to people who need it most,” explained inventor Jason Diedering.  

Background on the U.S. patent system

Patents predating the Patent Act of 1836 were unnumbered, identifiable only by the name of the patentee and the date of issue. These patents became known as “X-patents” after Patent No. 1 was granted to Senator John Ruggles on July 11, 1836 for a traction wheel for steam locomotives—the first patent issued under the new law, which officially assigned patent numbers. A few months after the Patent Act of 1836 was enacted, a catastrophic fire at the Patent Office destroyed almost all of the records and models related to the X-patents. Efforts to reconstruct the records lost in the fire continue to this day.

Patent 11 million comes three years after the USPTO issued patent number 10 million in 2018. As part of that celebration, the USPTO redesigned the official U.S. patent cover—the seal-and-ribbon document awarded with each patent grant—paying homage to the classic elegance of its predecessors. A list of the patent milestones can be found here.

Next week: Meet top Asian American and Native Hawaiian/Pacific Islander inventors

On Friday, May 14, from 11 a.m. to 1 p.m. ET, don’t miss a special online event celebrating the remarkable work of Asian American and Native Hawaiian/Pacific Islander (AANHPI) innovators. Take this opportunity to hear from National Inventors Hall of Fame (NIHF) inductees about their world-changing technological achievements and from inventors advancing the fight against COVID-19. Register early.

Agenda (subject to change)

Opening remarks

Drew Hirshfeld, Performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO)

Moderator

Julie Mar-Spinola, Chair, USPTO Patent Public Advisory Committee (PPAC)

Panel one: NIHF inductees–Inventing a better world

  • Margaret Wu, Retired Senior Scientific Advisor, ExxonMobil Research and Engineering Co.
    Wu revolutionized the field of synthetic lubricants. Her work has changed how automobile and industrial lubricants are designed and synthesized and resulted in products with better machine protection, improved energy efficiency, and reduced waste oil.
  • Ming-Jun Li and Pushkar Tandon, Corporate Fellows, Corning Incorporated
    In 2004, experiments with new types of optical fiber led Corning Incorporated researchers Ming-Jun Li, Dana Bookbinder, and Pushkar Tandon to develop what would be named ClearCurve®, a bend-insensitive optical fiber that can bend without significant signal loss. ClearCurve fiber enabled the installation of optical fiber in previously impossible locations and advanced the process of data transmission.

Panel two: Inventors fighting COVID-19

  • Alice Min Soo Chun, CEO and Founder of Solight Design and SEEUS95 Inc.
    Chun invented the first self-attaching transparent N95 mask, the SEEUS95, to reduce the irritation PPE masks can cause wearers and limit their environmental impact. She also invented the SolarPuff, a portable solar light providing individualized access to solar energy.
  • Yiran (Isabella) Yang, Caltech Ph.D. Candidate in Medical Engineering
    Yang’s research focuses on wearable sweat sensors and microfluidics for non-invasive health monitoring.
  • Kevin Tyan, Co-Founder and Chief Scientific Officer, Kinnos
    Tyan is the co-inventor of Highlight, a powdered additive that colorizes disinfectants blue for improved visibility and coverage and fades to clear when decontamination is complete.

This AANHPI Heritage Month event is presented by the USPTO’s Office of Innovation Outreach and Office of Equal Employment Opportunity and Diversity as well as the USPTO's Asian Pacific American Network and Korean-American Intellectual Property Organization affinity groups. For questions or assistance, please contact InnovationOutreach@uspto.gov.