For more information see the August 16, 2012 Federal Register Final Rule.
Showing posts with label Board of Patent Appeals and Interferences. Show all posts
Showing posts with label Board of Patent Appeals and Interferences. Show all posts
Tuesday, August 21, 2012
Revision of Patent Term Adjustment Provisions Relating to Appellate Review
The United States Patent and Trademark Office (Office) is
revising the patent term adjustment provisions of the rules of practice
in patent cases to better reflect the period of appellate review. The
patent term adjustment provisions of the American Inventors Protection
Act of 1999 (AIPA) provide for patent term adjustment if, inter alia,
the issuance of the patent was delayed due to appellate review by the
Board of Patent Appeals and Interferences (Board) or by a Federal
court, and the patent was issued under a decision in the review
reversing an adverse determination of patentability. The Office is
specifically revising the rules of practice to indicate that the period
of appellate review under the patent term adjustment provisions of the
AIPA begins when jurisdiction over the application passes to the Board
rather than the date on which a notice of appeal to the Board is filed.
Thursday, December 11, 2008
Federal Register - Board of Patent Appeals Rules of Practice
[Federal Register: December 10, 2008 (Volume 73, Number 238)]
[Rules and Regulations]
[Page 74972]
To see the complete text access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr10de08-9
=========================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 41
[Docket No.: PTO-P-2007-0006]
RIN 0651-AC12
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Delay of Effective and Applicability Dates
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule; delay of effective and applicability dates.
-----------------------------------------------------------------------
SUMMARY: On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. The final rule states that the effective date is December 10, 2008, and that the final rule shall apply to all appeals in which an appeal brief is filed on or after the effective date. On June 9, 2008, the Office published a 60-Day Federal Register Notice requesting the Office of Management and Budget (OMB) to establish a new information collection for BPAI items in the final rule and requesting public comment on the burden impact of the final rule under the provisions of the Paperwork Reduction Act (PRA). On October 8, 2008, the Office published a 30-Day Federal Register Notice stating that the proposal for the collection of information under the final rule was being submitted to OMB and requesting comments on the proposed information collection be submitted to OMB. The proposed information collection is currently under consideration by OMB. Since the review by OMB has not been completed, the Office is hereby notifying the public that the effective and applicability date of the final rule is not December 10, 2008. The effective and applicability dates will be identified in a subsequent notice.
DATES: The effective date for the final rule published at 73 FR 32938, June 10, 2008, is delayed, pending completion of OMB review of the proposed information collection under the PRA. The Office will issue a subsequent notice identifying a revised effective date on which the final rule shall apply.
FOR FURTHER INFORMATION CONTACT: Allen MacDonald, Administrative Patent Judge, at (571) 272-9797, or Kimberly Jordan, Chief Trial Administrator, at (571) 272-4683, Board of Patent Appeals and Interferences, directly by phone, or by facsimile to (571) 273-0043, or by mail addressed to: Mail Stop Board of Patents Appeals and Interferences, P.O. Box 1450, Alexandria, VA 22313-1450.
[Rules and Regulations]
[Page 74972]
To see the complete text access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr10de08-9
=========================================================
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 41
[Docket No.: PTO-P-2007-0006]
RIN 0651-AC12
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Delay of Effective and Applicability Dates
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule; delay of effective and applicability dates.
-----------------------------------------------------------------------
SUMMARY: On June 10, 2008, the United States Patent and Trademark Office (Office) published the final rule that amends the rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. The final rule states that the effective date is December 10, 2008, and that the final rule shall apply to all appeals in which an appeal brief is filed on or after the effective date. On June 9, 2008, the Office published a 60-Day Federal Register Notice requesting the Office of Management and Budget (OMB) to establish a new information collection for BPAI items in the final rule and requesting public comment on the burden impact of the final rule under the provisions of the Paperwork Reduction Act (PRA). On October 8, 2008, the Office published a 30-Day Federal Register Notice stating that the proposal for the collection of information under the final rule was being submitted to OMB and requesting comments on the proposed information collection be submitted to OMB. The proposed information collection is currently under consideration by OMB. Since the review by OMB has not been completed, the Office is hereby notifying the public that the effective and applicability date of the final rule is not December 10, 2008. The effective and applicability dates will be identified in a subsequent notice.
DATES: The effective date for the final rule published at 73 FR 32938, June 10, 2008, is delayed, pending completion of OMB review of the proposed information collection under the PRA. The Office will issue a subsequent notice identifying a revised effective date on which the final rule shall apply.
FOR FURTHER INFORMATION CONTACT: Allen MacDonald, Administrative Patent Judge, at (571) 272-9797, or Kimberly Jordan, Chief Trial Administrator, at (571) 272-4683, Board of Patent Appeals and Interferences, directly by phone, or by facsimile to (571) 273-0043, or by mail addressed to: Mail Stop Board of Patents Appeals and Interferences, P.O. Box 1450, Alexandria, VA 22313-1450.
Wednesday, October 8, 2008
Federal Register - Board of Patent Appeals and Interferences
[Federal Register: October 8, 2008 (Volume 73, Number 196)]
[Notices][Page 58943-58944]
Full comment request available at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr08oc08-43
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: Board of Patent Appeals and Interferences (BPAI) Actions.
Form Number(s): No forms.
Agency Approval Number: 0651-00xx.
Type of Request: New information collection.
Burden: 773,895 hours annually. In the future, once this proposed collection and 0651-0031 are approved by the OMB, the USPTO expects to move the notices of appeal and requests for oral hearing before the BPAI into this collection. The USPTO estimates that this will add a minimum of 5,719 hours per year to this collection.
Number of Respondents: 31,828 responses per year. The USPTO estimates that once the notices of appeal and requests for oral hearing before the BPAI are moved into this collection, a minimum of 28,595 responses will be added to this collection.
Avg. Hours Per Response: The USPTO estimates that it takes the public approximately 5to 30 hours to complete this information, depending on the brief, petition, or
request. This includes the time to gather the necessary information, prepare the briefs, petitions, and requests, and submit them to the USPTO. The USPTO estimates that it takes the public approximately 12 minutes (0.20 hours) to complete the notices of appeal and requests for oral hearing before the BPAI.
Needs and Uses: This collection of information is required by 35 U.S.C. 134,135,306, and 315 and is implemented through the appeal rules found in Part 41. The Board of Patent Appeals and Interferences was established under 35 U.S.C. 6(b). This collection permits applicants and registrants to prepare appeal and reply briefs which set forth the claims, issues, and arguments on appeal to the BPAI and permits the filing of petitions requesting extensions of time to respond to the agency, petitions requesting an increase in the page limit of a brief,and requests for rehearing before the BPAI. The BPAI uses the information to aid in rendering a decision on the claims, issues, and arguments outlined in the appeal and reply briefs and to determine whether the petitions for extensions of time, the petitions to increase the page limit of a brief, and requests for rehearings before the BPAI should be granted. There are no forms associated with the items in this collection, but they are governed by the rules in Part 41. The Board publishes its opinions and decisions for publicly available files on the USPTO Web site.
Affected Public: Primarily businesses or other for-profit organizations.
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.
Dated: October 2, 2008.
Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer, Customer Information Services Group,
[Notices][Page 58943-58944]
Full comment request available at: http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2008_register&docid=fr08oc08-43
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: Board of Patent Appeals and Interferences (BPAI) Actions.
Form Number(s): No forms.
Agency Approval Number: 0651-00xx.
Type of Request: New information collection.
Burden: 773,895 hours annually. In the future, once this proposed collection and 0651-0031 are approved by the OMB, the USPTO expects to move the notices of appeal and requests for oral hearing before the BPAI into this collection. The USPTO estimates that this will add a minimum of 5,719 hours per year to this collection.
Number of Respondents: 31,828 responses per year. The USPTO estimates that once the notices of appeal and requests for oral hearing before the BPAI are moved into this collection, a minimum of 28,595 responses will be added to this collection.
Avg. Hours Per Response: The USPTO estimates that it takes the public approximately 5to 30 hours to complete this information, depending on the brief, petition, or
request. This includes the time to gather the necessary information, prepare the briefs, petitions, and requests, and submit them to the USPTO. The USPTO estimates that it takes the public approximately 12 minutes (0.20 hours) to complete the notices of appeal and requests for oral hearing before the BPAI.
Needs and Uses: This collection of information is required by 35 U.S.C. 134,135,306, and 315 and is implemented through the appeal rules found in Part 41. The Board of Patent Appeals and Interferences was established under 35 U.S.C. 6(b). This collection permits applicants and registrants to prepare appeal and reply briefs which set forth the claims, issues, and arguments on appeal to the BPAI and permits the filing of petitions requesting extensions of time to respond to the agency, petitions requesting an increase in the page limit of a brief,and requests for rehearing before the BPAI. The BPAI uses the information to aid in rendering a decision on the claims, issues, and arguments outlined in the appeal and reply briefs and to determine whether the petitions for extensions of time, the petitions to increase the page limit of a brief, and requests for rehearings before the BPAI should be granted. There are no forms associated with the items in this collection, but they are governed by the rules in Part 41. The Board publishes its opinions and decisions for publicly available files on the USPTO Web site.
Affected Public: Primarily businesses or other for-profit organizations.
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.
Dated: October 2, 2008.
Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer, Customer Information Services Group,
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