Treatment of Letters Stating That the USPTO's Patent Term Adjustment Determination Is Greater Than What the Applicant or Patentee Believes Is Appropriate, 42079-42080 [2010-17667]
Download as PDF
<![CDATA[
Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Notices
with MARAD and USCG on the
construction and operation of the
Northeast Gateway LNG facility. On
November 30, 2007, NMFS NER issued
a revised biological opinion, reflecting
the revised construction time period
and including a revised ITS. This
revised biological opinion concluded
that the construction and operation of
the Northeast Gateway LNG terminal
may adversely affect, but is not likely to
jeopardize, the continued existence of
northern right, humpback, and fin
whales, and is not likely to adversely
affect sperm, sei, or blue whales.
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
NEPA
MARAD and the USCG released a
Final EIS/Environmental Impact Report
(EIR) for the proposed Northeast
Gateway Port and Pipeline Lateral. A
notice of availability was published by
MARAD on October 26, 2006 (71 FR
62657). The Final EIS/EIR provides
detailed information on the proposed
project facilities, construction methods
and analysis of potential impacts on
marine mammal.
NMFS was a cooperating agency (as
defined by the Council on
Environmental Quality (40 CFR 1501.6))
in the preparation of the Draft and Final
EISs. NMFS has reviewed the Final EIS
and has adopted it. Therefore, the
preparation of another EIS or EA is not
warranted.
Preliminary Determinations
NMFS has preliminarily determined
that the impact of operations of the
Northeast Gateway LNG Port facility
may result, at worst, in a temporary
modification in behavior of small
numbers of certain species of marine
mammals that may be in close
proximity to the Northeast Gateway
LNG facility during its operations and
maintenance. These activities are
expected to result in some local short
term displacement and will have no
more than a negligible impact on the
affected species or stocks of marine
mammals.
This preliminary determination is
supported by proposed mitigation,
monitoring, and reporting measures
described in this document on this
action.
As a result of the described proposed
mitigation and monitoring measures, no
take by injury or death would be
requested, anticipated or authorized,
and the potential for temporary or
permanent hearing impairment is very
unlikely due to the relatively low noise
levels (and consequently small zone of
impact).
While the number of marine
mammals that may be harassed will
VerDate Mar<15>2010
15:23 Jul 19, 2010
Jkt 220001
depend on the distribution and
abundance of marine mammals in the
vicinity of the LNG Port facility, the
estimated numbers of marine mammals
to be harassed is small relative to the
affected species or stock sizes. Please
see Estimate of Take by Harassment
section above for the calculation of
these take numbers.
Proposed Authorization
NMFS proposes to issue an IHA to
Northeast Gateway and Algonquin for
conducting LNG Port facility operations
and maintenance in Massachusetts Bay,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Information Solicited
NMFS requests interested persons to
submit comments and information
concerning this proposed IHA and
Northeast Gateway and Algonquin’s
application for incidental take
regulations (see ADDRESSES). NMFS
requests interested persons to submit
comments, information, and suggestions
concerning both the request and the
structure and content of future
regulations to allow this taking. NMFS
will consider this information in
developing proposed regulations to
govern the taking.
Dated: July 13, 2010.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2010–17692 Filed 7–19–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO–P–2010–0052]
Treatment of Letters Stating That the
USPTO’s Patent Term Adjustment
Determination Is Greater Than What
the Applicant or Patentee Believes Is
Appropriate
AGENCY: United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and
Trademark Office (USPTO) is clarifying
its treatment of letters submitted by
applicants and patentees stating that the
USPTO’s patent term adjustment
determination indicated on a notice of
allowance, issue notification, or patent,
is greater than what the applicant or
patentee believes is appropriate. The
USPTO will place these letters in the
file of the application or patent without
further review. The USPTO will no
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
42079
longer review these letters or issue
certificates of correction on the basis of
a review of these letters. If the applicant
or patentee wants the USPTO to
reconsider its patent term adjustment
determination, the applicant or patentee
must use the procedures set forth in 37
CFR 1.705 for requesting
reconsideration of a patent term
adjustment determination. A patentee
may also file a terminal disclaimer
disclaiming any period considered in
excess of the appropriate patent term
adjustment. However, the USPTO does
not require an applicant or patentee to
file either a request for reconsideration
under 37 CFR 1.705 or a terminal
disclaimer when the patent term
adjustment indicated on a notice of
allowance, issue notification, or patent
is greater than what the applicant or
patentee believes is appropriate.
DATES: The clarification set forth in this
notice applies to all patent term
adjustment letters and requests for a
certificate of correction filed at any time
that are pending before the USPTO on
or after July 20, 2010.
FOR FURTHER INFORMATION CONTACT:
Nancy E. Johnson, Office of Petitions:
By telephone at 571–272–3219; or by
mail addressed to: Mail Stop
Comments—Patents, Commissioner for
Patents, P.O. Box 1450, Alexandria, VA
22313–1450.
SUPPLEMENTARY INFORMATION: The
Manual of Patent Examining Procedure
(MPEP) was revised in 2004 to indicate
that if a notice of allowance indicates a
patent term adjustment that is longer
than expected, the applicant may wait
until the patent issues, and if the patent
issues with a value that is incorrect,
request a certificate of correction. See
MPEP § 2733. The MPEP does not
specify what action the USPTO will take
in response to such a request for a
certificate of correction. The USPTO is,
in this notice, clarifying when the
USPTO will change the patent term
adjustment determination indicated on
a patent via a certificate of correction
under either 35 U.S.C. 254 or 255.
The USPTO, however, has determined
that it is not appropriate to provide a
patent term adjustment recalculation via
a certificate of correction under 35
U.S.C. 254 or 255. A certificate of
correction is permissible under 35
U.S.C. 254 only for a mistake in a patent
that ‘‘is clearly disclosed by the records
of the Office.’’ See 35 U.S.C. 254. While
the applicable patent term adjustment is
ascertainable from the records of the
USPTO, a revised patent term
adjustment determination requires a
complex calculation and is not ‘‘clearly
disclosed’’ by the records of the USPTO.
E:\FR\FM\20JYN1.SGM
20JYN1
wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
42080
Federal Register / Vol. 75, No. 138 / Tuesday, July 20, 2010 / Notices
In addition, a certificate of correction is
permissible under 35 U.S.C. 255 only
for ‘‘a mistake of a clerical or
typographical nature, or of minor
character.’’ See 35 U.S.C. 255.
Thus, the USPTO has long maintained
that a request for a certificate of
correction under either 35 U.S.C. 254 or
255 is not an appropriate venue for
seeking a change to the patent term
adjustment indicated on a patent. See
Revision of Patent Term Extension and
Patent Term Adjustment Provisions, 69
FR 21704, 21707 (Apr. 22, 2004) (final
rule) (‘‘Petitions under [37 CFR] 1.182 or
1.183, or requests for a certificate of
correction under either 35 U.S.C. 254
and [37 CFR] 1.323 or 35 U.S.C. 255 and
[37 CFR] 1.324, are not substitute fora
to obtain reconsideration of a patent
term adjustment determination
indicated in a notice of allowance if an
applicant fails to submit a request for
reconsideration within the time period
specified in [37 CFR] 1.705(b), or to
obtain reconsideration of a patent term
adjustment determination indicated in a
patent if a patentee fails to submit a
request for reconsideration within the
time period specified in [37 CFR]
1.705(d)’’). The patent term adjustment
provisions of 35 U.S.C. 154(b) provide
for the establishment of procedures for
patent term adjustment determinations,
including providing the applicant one
opportunity to request reconsideration
of any patent term adjustment
determination. See 35 U.S.C. 154(b)(3).
It would render the provisions of 35
U.S.C. 154(b)(3) superfluous if patent
term adjustment determinations could
be revised at any time during the life of
the patent via a certificate of correction
under 35 U.S.C. 254 or 255. In addition,
the patent term adjustment provisions of
35 U.S.C. 154(b) are designed to have
patent term adjustment issues to be
resolved shortly after a patent issues by
providing a period of one hundred and
eighty days from the grant of the patent
for seeking court review of the USPTO’s
patent term adjustment determination
(rather than the six-year statute of
limitations otherwise applicable for
actions under the Administrative
Procedures Act). See 35 U.S.C.
154(b)(4). It would negate the purpose of
the one hundred and eighty day period
in 35 U.S.C. 154(b)(4) to allow patent
term adjustment determinations to be
revised at any time during the life of the
patent via a certificate of correction
under 35 U.S.C. 254 or 255. Therefore,
it is not appropriate to issue a certificate
of correction under 35 U.S.C. 254 or 255
to revise the patent term adjustment
indicated in a patent unless it is being
revised for consistency with: (1) The
VerDate Mar<15>2010
15:23 Jul 19, 2010
Jkt 220001
patent term adjustment determined via
a decision on a request for
reconsideration under 37 CFR 1.705; or
(2) the total patent term adjustment
indicated on the Patent Application
Information Retrieval (PAIR) screen that
displays the patent term adjustment
calculation for the patent.
Accordingly, the USPTO is clarifying
that it will treat letters submitted by
applicants and patentees stating that the
USPTO’s patent term adjustment
determination indicated on a notice of
allowance, issue notification, or patent
is greater than what the applicant or
patentee believes is appropriate by
placing these letters in the file of the
application or patent without comment.
The USPTO will no longer review these
letters or issue certificates of correction
under either 35 U.S.C. 254 or 255 on the
basis of a review of these letters. In
addition, the USPTO will not grant a
request for a certificate of correction
under either 35 U.S.C. 254 or 255 to
revise the patent term adjustment
indicated in a patent, except in the two
situations discussed previously. If a
patentee submits a request for a
certificate of correction under either 35
U.S.C. 254 or 255 to revise the patent
term adjustment indicated in a patent
that includes changes in the patent for
which a certificate of correction would
be appropriate, the request for a
certificate of correction will not be
granted unless the patentee submits a
new request for a certificate of
correction that does not also attempt to
revise the patent term adjustment
indicated in the patent.
If the applicant or patentee wants the
USPTO to reconsider its patent term
adjustment determination, the applicant
or patentee must use the procedures set
forth in 37 CFR 1.705 for requesting
reconsideration of a patent term
adjustment determination, whether the
USPTO’s patent term adjustment
determination is greater than or less
than the adjustment that the applicant
or patentee believes to be appropriate. A
patentee may also file a terminal
disclaimer at any time disclaiming any
period considered in excess of the
appropriate patent term adjustment. See
35 U.S.C. 253 and 37 CFR 1.321.
However, the USPTO does not require
an applicant or patentee to file either a
request for reconsideration under 37
CFR 1.705 or a terminal disclaimer
when the patent term adjustment
indicated on a notice of allowance, issue
notification, or patent is greater than
what the applicant or patentee believes
is appropriate.
The appropriate sections of the MPEP
will be revised in accordance with this
notice in due course.
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
Dated: July 14, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2010–17667 Filed 7–19–10; 8:45 am]
BILLING CODE 3510–16–P
COMMODITY FUTURES TRADING
COMMISSION
Agricultural Advisory Committee
Meeting
AGENCY: Commodity Futures Trading
Commission (‘‘CFTC’’).
ACTION: Notice of Meeting of
Agricultural Advisory Committee.
SUMMARY: The CFTC’s Agricultural
Advisory Committee will hold a public
meeting on August 5, 2010, from 9 a.m.
to 1 p.m., at the Commission’s
Washington, DC headquarters. The
agenda for the meeting includes (1) the
ICE Futures US Cotton Contract, (2)
wheat price convergence issues, and (3)
price reporting issues in the cattle and
hog markets. Members of the public may
file written statements with the
committee. If time permits, reasonable
provision will be made for oral
presentations by members of the public
of up to five minutes.
DATES: The meeting will be held on
August 5, 2010 from 9 a.m. to 1 p.m..
Members of the public who wish to
make oral statements should inform
Commissioner Michael V. Dunn, who
chairs the committee, in writing at least
three business days before the meeting.
ADDRESSES: The meeting will take place
in the first floor hearing room at the
Commission’s headquarters, Three
Lafayette Centre, 1155 21st Street, NW.,
Washington, DC 20581. Written
statements and requests to make oral
statements should be sent to the
attention of Agricultural Advisory
Committee, c/o Chairman Michael V.
Dunn, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581.
FOR FURTHER INFORMATION CONTACT:
Nicole McNair at (202) 418–5070.
SUPPLEMENTARY INFORMATION: The
meeting will be webcast on the
Commission’s Web site, https://
www.cftc.gov. Members of the public
also can listen to the meeting by
telephone. The public access call-in
numbers will be announced at a later
date.
Authority: 5 U.S.C. app. 2 § 10(a)(2) .
Dated: July 14, 2010.
E:\FR\FM\20JYN1.SGM
20JYN1
]]>Agencies
[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Notices]
[Pages 42079-42080]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17667]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0052]
Treatment of Letters Stating That the USPTO's Patent Term
Adjustment Determination Is Greater Than What the Applicant or Patentee
Believes Is Appropriate
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is
clarifying its treatment of letters submitted by applicants and
patentees stating that the USPTO's patent term adjustment determination
indicated on a notice of allowance, issue notification, or patent, is
greater than what the applicant or patentee believes is appropriate.
The USPTO will place these letters in the file of the application or
patent without further review. The USPTO will no longer review these
letters or issue certificates of correction on the basis of a review of
these letters. If the applicant or patentee wants the USPTO to
reconsider its patent term adjustment determination, the applicant or
patentee must use the procedures set forth in 37 CFR 1.705 for
requesting reconsideration of a patent term adjustment determination. A
patentee may also file a terminal disclaimer disclaiming any period
considered in excess of the appropriate patent term adjustment.
However, the USPTO does not require an applicant or patentee to file
either a request for reconsideration under 37 CFR 1.705 or a terminal
disclaimer when the patent term adjustment indicated on a notice of
allowance, issue notification, or patent is greater than what the
applicant or patentee believes is appropriate.
DATES: The clarification set forth in this notice applies to all patent
term adjustment letters and requests for a certificate of correction
filed at any time that are pending before the USPTO on or after July
20, 2010.
FOR FURTHER INFORMATION CONTACT: Nancy E. Johnson, Office of Petitions:
By telephone at 571-272-3219; or by mail addressed to: Mail Stop
Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450.
SUPPLEMENTARY INFORMATION: The Manual of Patent Examining Procedure
(MPEP) was revised in 2004 to indicate that if a notice of allowance
indicates a patent term adjustment that is longer than expected, the
applicant may wait until the patent issues, and if the patent issues
with a value that is incorrect, request a certificate of correction.
See MPEP Sec. 2733. The MPEP does not specify what action the USPTO
will take in response to such a request for a certificate of
correction. The USPTO is, in this notice, clarifying when the USPTO
will change the patent term adjustment determination indicated on a
patent via a certificate of correction under either 35 U.S.C. 254 or
255.
The USPTO, however, has determined that it is not appropriate to
provide a patent term adjustment recalculation via a certificate of
correction under 35 U.S.C. 254 or 255. A certificate of correction is
permissible under 35 U.S.C. 254 only for a mistake in a patent that
``is clearly disclosed by the records of the Office.'' See 35 U.S.C.
254. While the applicable patent term adjustment is ascertainable from
the records of the USPTO, a revised patent term adjustment
determination requires a complex calculation and is not ``clearly
disclosed'' by the records of the USPTO.
[[Page 42080]]
In addition, a certificate of correction is permissible under 35 U.S.C.
255 only for ``a mistake of a clerical or typographical nature, or of
minor character.'' See 35 U.S.C. 255.
Thus, the USPTO has long maintained that a request for a
certificate of correction under either 35 U.S.C. 254 or 255 is not an
appropriate venue for seeking a change to the patent term adjustment
indicated on a patent. See Revision of Patent Term Extension and Patent
Term Adjustment Provisions, 69 FR 21704, 21707 (Apr. 22, 2004) (final
rule) (``Petitions under [37 CFR] 1.182 or 1.183, or requests for a
certificate of correction under either 35 U.S.C. 254 and [37 CFR] 1.323
or 35 U.S.C. 255 and [37 CFR] 1.324, are not substitute fora to obtain
reconsideration of a patent term adjustment determination indicated in
a notice of allowance if an applicant fails to submit a request for
reconsideration within the time period specified in [37 CFR] 1.705(b),
or to obtain reconsideration of a patent term adjustment determination
indicated in a patent if a patentee fails to submit a request for
reconsideration within the time period specified in [37 CFR]
1.705(d)''). The patent term adjustment provisions of 35 U.S.C. 154(b)
provide for the establishment of procedures for patent term adjustment
determinations, including providing the applicant one opportunity to
request reconsideration of any patent term adjustment determination.
See 35 U.S.C. 154(b)(3). It would render the provisions of 35 U.S.C.
154(b)(3) superfluous if patent term adjustment determinations could be
revised at any time during the life of the patent via a certificate of
correction under 35 U.S.C. 254 or 255. In addition, the patent term
adjustment provisions of 35 U.S.C. 154(b) are designed to have patent
term adjustment issues to be resolved shortly after a patent issues by
providing a period of one hundred and eighty days from the grant of the
patent for seeking court review of the USPTO's patent term adjustment
determination (rather than the six-year statute of limitations
otherwise applicable for actions under the Administrative Procedures
Act). See 35 U.S.C. 154(b)(4). It would negate the purpose of the one
hundred and eighty day period in 35 U.S.C. 154(b)(4) to allow patent
term adjustment determinations to be revised at any time during the
life of the patent via a certificate of correction under 35 U.S.C. 254
or 255. Therefore, it is not appropriate to issue a certificate of
correction under 35 U.S.C. 254 or 255 to revise the patent term
adjustment indicated in a patent unless it is being revised for
consistency with: (1) The patent term adjustment determined via a
decision on a request for reconsideration under 37 CFR 1.705; or (2)
the total patent term adjustment indicated on the Patent Application
Information Retrieval (PAIR) screen that displays the patent term
adjustment calculation for the patent.
Accordingly, the USPTO is clarifying that it will treat letters
submitted by applicants and patentees stating that the USPTO's patent
term adjustment determination indicated on a notice of allowance, issue
notification, or patent is greater than what the applicant or patentee
believes is appropriate by placing these letters in the file of the
application or patent without comment. The USPTO will no longer review
these letters or issue certificates of correction under either 35
U.S.C. 254 or 255 on the basis of a review of these letters. In
addition, the USPTO will not grant a request for a certificate of
correction under either 35 U.S.C. 254 or 255 to revise the patent term
adjustment indicated in a patent, except in the two situations
discussed previously. If a patentee submits a request for a certificate
of correction under either 35 U.S.C. 254 or 255 to revise the patent
term adjustment indicated in a patent that includes changes in the
patent for which a certificate of correction would be appropriate, the
request for a certificate of correction will not be granted unless the
patentee submits a new request for a certificate of correction that
does not also attempt to revise the patent term adjustment indicated in
the patent.
If the applicant or patentee wants the USPTO to reconsider its
patent term adjustment determination, the applicant or patentee must
use the procedures set forth in 37 CFR 1.705 for requesting
reconsideration of a patent term adjustment determination, whether the
USPTO's patent term adjustment determination is greater than or less
than the adjustment that the applicant or patentee believes to be
appropriate. A patentee may also file a terminal disclaimer at any time
disclaiming any period considered in excess of the appropriate patent
term adjustment. See 35 U.S.C. 253 and 37 CFR 1.321. However, the USPTO
does not require an applicant or patentee to file either a request for
reconsideration under 37 CFR 1.705 or a terminal disclaimer when the
patent term adjustment indicated on a notice of allowance, issue
notification, or patent is greater than what the applicant or patentee
believes is appropriate.
The appropriate sections of the MPEP will be revised in accordance
with this notice in due course.
Dated: July 14, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2010-17667 Filed 7-19-10; 8:45 am]
BILLING CODE 3510-16-P
