USPTO to allow filing of initial patent term extension applications via patent electronic filing systems in response to the COVID-19 outbreak

The United States Patent and Trademark Office (USPTO) considers the effects of the COVID-19 outbreak to be an “extraordinary situation” within the meaning of 37 CFR 1.183. In accordance with this notice, the USPTO will permit patentees to file initial patent term extension applications that meet certain criteria via EFS-Web or Patent Center.

For the full text, see the official notice on the USPTO website.

USPTO to allow filing of plant patent applications and correspondence via patent electronic filing systems in response to the COVID-19 outbreak

In response to the COVID-19 outbreak, the United States Patent and Trademark Office (USPTO) today announced it will temporarily permit the filing of plant patent applications and follow-on documents via the USPTO patent electronic filing systems (EFS-Web or Patent Center) until further notice. Filers are reminded that only registered users of the USPTO patent electronic filing systems may file follow-on documents into existing applications via the USPTO patent electronic filing systems.

The USPTO considers the effects of the COVID-19 outbreak to be an “extraordinary situation” within the meaning of 37 CFR 1.183. The requirements for filing such plant patent applications and follow-on documents via the USPTO patent electronic filing systems were developed to assist filers and facilitate the USPTO’s identification and processing of the plant patent applications and follow-on documents during the pandemic.

Read more details in the official notice on our website. Inquiries regarding filing the application via EFS-Web or Patent Center may be directed to the Patent Electronic Business Center by telephone: 866-217-9197 (toll-free) and 571-272-4100, or by email: ebc@uspto.gov. Inquiries regarding plant applications may be directed to Shubo (Joe) Zhou, Supervisory Patent Examiner, by telephone: 571-272-0724.

Trademark: New exam guide on rule change effective Feb. 15

USPTO new exam guide, "Mandatory Electronic Filing and Specimen Requirements,” is effective February 15, 2020. It explains examination procedures in light of this rule change.

If you have questions about the guide, email TMPolicy@uspto.gov. 

Resources for mandatory electronic filing:

• USPTO makes electronic filing mandatory for trademark submissions
• TEAS and TEASi maintenance and enhancement

Trademark -- What’s the impact of the mandatory electronic filing rule change?

Beginning December 21, 2019, trademark applicants and registrants will be required to file trademark applications and related documents using TEAS.

To learn about the new requirements, how this change affects filings, the petition process, outage procedures, Madrid protocol applications, and TEAS forms, register for our free webinar on December 10 from 3-4 p.m. ET. An application for Virginia CLE is pending.

New rule requires electronic filing for trademark submissions

The USPTO has published a new rule in the Federal Register requiring electronic filing for trademark submissions.

This rule becomes effective on October 5.

Trademark applicants and registrants will be required to file online using the USPTO's Trademark Electronic Application System (TEAS). Applicants and registrants will need to provide and maintain an accurate email address for receiving correspondence from the USPTO.

Paper and fax submissions will no longer be accepted. Email submissions will continue to not be accepted.

To learn more about this federal trademark law change, please visit the USPTO website.

USPTO proposes making electronic filing mandatory for trademark submissions

The USPTO published a proposal to change federal trademark law to mandate electronic filing. See the Notice of Proposed Rulemaking (link is external).

Overview of the proposed changes

The proposed changes would generally require trademark applicants and registrants to:

1. File trademark applications and documents concerning trademark applications and registrations online using the USPTO’s Trademark Electronic Application System (TEAS).
2. Provide and maintain an accurate email address for receiving correspondence from the USPTO about a particular application or registration.

Our goal is to have end-to-end electronic processing of applications and registrations, resulting in faster processing times and fewer errors. Paper and fax submissions would no longer be accepted. Email submissions would continue to not be accepted.

Submit comments on the proposed changes

We are accepting comments from the public until July 30, 2018. See the Notice of Proposed Rulemaking (link is external) for instructions on how to submit comments.
Read the public comments on our website or on the Federal eRulemaking Portal (link is external).

Firefox Users Need New Version of Java for EFS-Web and Private PAIR

On April 2, 2012 the Mozilla Foundation announced that the Firefox browser would start blocking older versions of the Java plug-in from running. Both USPTO’s EFS-Web for Registered filers and Private PAIR use Java.

USPTO recommends that all users of Firefox upgrade to the latest version of Java - which is Version 6 Update 31. Please visit Java.com using your Firefox browser, click on “Free Java Download”, and follow the installation steps provided.

If you do not update Java, it is very likely that when accessing EFS-Web for Registered filers or Private PAIR with Firefox, an error message may appear on the Authentication Page stating: Java Not Enabled.

If you require further assistance, please call the Patent EBC at (866) 217-9197 (toll free) or send an email to EBC@uspto.gov

(Message from the Patent and Trademark Resource Center Program [PTRCP])