Tuesday, May 31, 2016

Trademark Fee Increases


SUMMARY: The United States Patent and Trademark Office (Office or USPTO) proposes to set or increase certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA). The proposed fees will allow the Office to recover the aggregate estimated cost of Trademark and Trademark Trial and Appeal Board (TTAB) operations and USPTO administrative services that support Trademark operations. The proposals will further USPTO strategic objectives by: Better aligning fees with the full cost of products and services; protecting the integrity of the register by incentivizing more timely filing or examination of applications and other filings and more efficient resolution of appeals and trials; and promoting the efficiency of the process, in large part through lower-cost electronic filing options.

DATES: Written comments must be received on or before July 11, 2016.

ADDRESSES: The USPTO prefers that comments be submitted via electronic mail message to TMFRNotices@uspto.gov. Written comments also may be submitted by mail to the Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA 22313-1451, attention Jennifer Chicoski; by hand delivery to the Trademark Assistance Center, Concourse Level, James Madison Building-East Wing, 600 Dulany Street, Alexandria, VA 22314,attention Jennifer Chicoski; or by electronic mail message via the
Federal eRulemaking Portal. See the Federal eRulemaking Portal Web site (http://www.regulations.gov) for additional instructions on providing comments via the Federal eRulemaking Portal. All comments submitted
directly to the USPTO or provided on the Federal eRulemaking Portal should include the docket number (PTO-T-2016-0005).

    The comments will be available for public inspection on the USPTO's Web site at http://www.uspto.gov, on the Federal eRulemaking Portal,and at the Office of the Commissioner for Trademarks, Madison East, Tenth Floor, 600 Dulany Street, Alexandria, VA 22314. Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included.

FOR FURTHER INFORMATION CONTACT: Jennifer Chicoski, Office of the Deputy Commissioner for Trademark Examination Policy, by email at TMPolicy@uspto.gov, or by telephone at (571) 272-8943.

For more information see the Federal Register Trademark Proposed Rule (Volume 81, Number 103, Pages 33619-33632)at https://www.gpo.gov/fdsys/pkg/FR-2016-05-27/html/2016-12571.htm

Wednesday, May 25, 2016

Texas Regional Office in Dallas -- Trademark Wednesday, June 1st -- "Lunch and Learn"


The USPTO-Texas Regional Office will be hosting an interactive question and answer session with the Trademark Assistance Center at the USPTO Headquarters in Alexandria VA.  During this virtual meeting with the Assistance Center, participants will be able to ask questions through our video teleconferencing capability. The Trademark Assistance Center, located in Alexandria, Virginia, provides general information about the trademark registration process.

June 1, 2016
12:30 PM CT - 1:30 PM CT
USPTO Texas Regional Office
207 South Houston Street
Suite 159
Dallas , TX 75202

This event is free and open to the public. Please bring your own lunch to enjoy during the session. Space is limited.

There is no fee to register, but space is limited.  To register, visit https://www.eventbrite.com/e/trademark-wednesday-lunch-and-learn-at-the-uspto-texas-regional-office-tickets-25553297601 (link is external)

For additional information or questions about the event, please call 469-295-9000 or email to texasregionalUSPTOEvents@USPTO.GOV (link sends e-mail)

Friday, April 15, 2016

Application of the Written Description Requirement to Specific Situations in Design Applications

From the Federal Register Vol. 81, Number 73 (Fri., April 15, 2016), pp. 22233-22236, [Docket No.: PTO-P-2016-0001]

Request for Comments on the Application of the Written Description Requirement to Specific Situations in Design Applications

SUMMARY: The United States Patent and Trademark Office (``USPTO'' or``Office'') is evaluating how the written description requirement applies to certain design applications. In particular, the USPTO has developed a proposed approach for design examiners to apply general principles governing compliance with the written description requirement to specific situations in design applications. The USPTO is seeking public comment on the
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proposed approach as well as examples that the public believes would be helpful to illustrate the proposed approach or any suggested approach for applying the written description requirement in design applications.

DATES: Written comments must be received on or before June 14, 2016.

ADDRESSES: Comments should be sent by electronic mail message over the Internet (email) addressed to: DesignWrittenDescription2016@uspto.gov.
Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria,  VA 22313-1450, marked to the attention of Nicole D. Haines.

Wednesday, April 13, 2016

International Cooperative Tool to Manage Patent Dossier and Examination Information

Global Dossier is a "set of business services being developed by the five IP Offices (IP5 - USPTO, EPO, JPO, KIPO, and SIPO) aimed at modernizing the global patent system and delivering benefits to all stakeholders through a single portal/user interface." It's first service, Dossier Access, is a user-friendly interface to find the patent family for an application, as well as related classification and citation data for each member of the patent family. Find the search tool at the top of the Global Dossier introductory page.

Monday, April 11, 2016

Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board

From the Federal Register, Vol. 81, No. 63 ( Fri, April 1, 2016) pp. 18750-18766:

Amendments to the Rules of Practice for Trials Before the Patent
Trial and Appeal Board

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule.

SUMMARY: This final rule amends the existing consolidated set of rules
relating to the United States Patent and Trademark Office (Office or
USPTO) trial practice for inter partes review (``IPR''), post-grant
review (``PGR''), the transitional program for covered business method
patents (``CBM''), and derivation proceedings that implemented
provisions of the Leahy-Smith America Invents Act (``AIA'') providing
for trials before the Office.

DATES: Effective Date: This rule is effective May 2, 2016 and applies
to all AIA petitions filed on or after the effective date and to any
ongoing AIA preliminary proceeding or trial before the Office.

FOR FURTHER INFORMATION CONTACT: Susan L. C. Mitchell, Lead
Administrative Patent Judge, by telephone at (571) 272-9797.

SUPPLEMENTARY INFORMATION:
    Executive Summary: Purpose: This final rule amends the existing
consolidated set of rules relating to the United States Patent and
Trademark Office (Office or USPTO) trial practice for IPR, PGR, CBM,
and derivation proceedings that implemented provisions of the AIA
providing for trials before the Office, by allowing new testimonial
evidence to be submitted with a patent owner's preliminary response,
adding a Rule 11-type certification for papers filed in a proceeding,
allowing a claim construction approach that emulates the approach used by a district court following Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (hereinafter ``a Phillips-type or district court-type construction approach'') for claims of patents that will expire before entry of a final written decision, and replacing the current page limit with a word count limit for major briefing.