Changes To Implement the First Inventor To File Provisions of the Leahy-Smith America Invents Act; Correction, 16182-16184 [2013-05815]
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Rules and Regulations
(d) Verification document of the DIS
must be kept on board the vessel at all
times and made available for inspection.
(e) A company letter attesting to
officer training on use of the DIS must
be kept on board and made available for
inspection.
(f) Any vessel intending to use the DIS
must notify the Manager or the
Corporation in writing at least 24-hours
prior to commencement of its initial
transit in the System with the DIS.
(g) Any vessel intending to use the
DIS to transit at a draft greater than the
maximum permissible draft prescribed
under paragraph (b) of this section in
effect at the time, for subsequent transits
must fax a completed confirmation
checklist found at www.greatlakesseaway.com to the Manager or the
Corporation prior to its transit.
(h) If for any reason the DIS or AIS
becomes inoperable, malfunctions, or is
not used while the vessel is transiting at
a draft greater than the maximum
permissible draft prescribed under
paragraph (b) of this section in effect at
the time, the vessel must notify the
Manager or the Corporation
immediately.
■ 6. Revise § 401.49 to read as follows:
§ 401.49
bank.
Dropping anchor or tying to canal
Except in an emergency, no vessel
shall drop anchor in any canal or tie-up
to any canal bank unless authorized to
do so by the traffic controller. Every
anchor shall be suitably rigged for
immediate release, holding and efficient
retrieval.
■
7. Revise § 401.73 to read as follows:
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§ 401.73 Cleaning tanks—hazardous cargo
vessels.
(a) Cleaning and gas freeing of tanks
shall not take place:
(1) In a canal or a lock;
(2) In an area that is not clear of other
vessels or structures; and
(3) Before gas freeing and tank
cleaning has been reported to the
nearest Seaway station.
(b) Hot work permission. Before any
hot work, defined as any work that uses
flame or that can produce a source of
ignition, cutting or welding, is carried
out by any vessel on any designated St.
Lawrence Seaway Management
Corporation (SLSMC) approach walls or
wharfs, a written request must be sent
to the SLSMC, preferably 24 hours prior
to the vessel’s arrival on SLSMC
approach walls or wharfs. The hot work
shall not commence until approval is
obtained from an SLSMC Traffic Control
Center.
(c) Special requirements for tankers
performing hot work. Prior to arriving at
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any SLSMC designated approach wall or
wharf, a tanker must be gas free or have
tanks inerted. The gas-free certificate
must be sent to the SLSMC Traffic
Control Center in order to obtain
clearance for the vessel to commence
hot work.
8. In § 401.79 revise paragraph (b)(4)
to read as follows:
■
§ 401.79 Advance notice of arrival, vessels
requiring inspection.
*
*
*
*
*
(b) * * *
(4) Tug/barge combinations not on the
‘‘Seaway Approved Tow’’ list are
subject to Seaway inspection prior to
every transit of the Seaway unless
provided with a valid Inspection Report
for a round trip transit.
Issued at Washington, DC on March 11,
2013. Saint Lawrence Seaway Development
Corporation.
Craig H. Middlebrook,
Acting Administrator.
[FR Doc. 2013–05933 Filed 3–13–13; 8:45 am]
BILLING CODE 4910–61–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
37 CFR Part 1
[Docket No. PTO–P–2012–0015]
RIN 0651–AC77
Changes To Implement the First
Inventor To File Provisions of the
Leahy-Smith America Invents Act;
Correction
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Final rule; correction.
AGENCY:
The United States Patent and
Trademark Office (Office) published in
the Federal Register of February 14,
2013, a final rule revising the rules of
practice in patent cases for consistency
with, and to address the examination
issues raised by, the changes in the first
inventor to file provisions of the LeahySmith America Invents Act (AIA) (First
Inventor to File Final Rule). Due to a
technical issue, the First Inventor to File
Final Rule as published in the Federal
Register is missing text in the
provisions pertaining to claims for
priority to a foreign application in an
application filed under the Patent
Cooperation Treaty (PCT). This
document corrects the omission in the
First Inventor to File Final Rule as
published in the Federal Register.
SUMMARY:
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DATES:
Effective March 16, 2013.
FOR FURTHER INFORMATION CONTACT:
Susy Tsang-Foster, Legal Advisor
(telephone (571) 272–7711; electronic
mail message (susy.tsangfoster@uspto.gov)) or Linda S. Therkorn,
Patent Examination Policy Advisor
(telephone (571) 272–7837; electronic
mail message
(linda.therkorn@uspto.gov)), of the
Office of the Deputy Commissioner for
Patent Examination Policy.
SUPPLEMENTARY INFORMATION: The Office
published in the Federal Register of
February 14, 2013, a final rule revising
the rules of practice in patent cases for
consistency with, and to address the
examination issues raised by, the
changes in the first inventor to file
provisions of the AIA. See Changes To
Implement the First Inventor To File
Provisions of the Leahy-Smith America
Invents Act, 78 FR 11024 (Feb. 14,
2013). The First Inventor to File Final
Rule as published in the Federal
Register is missing text in the
provisions pertaining to claims for
priority to a foreign application in an
application filed under the PCT. See
Changes To Implement the First
Inventor To File Provisions of the LeahySmith America Invents Act, 78 FR
11053 (to be codified at 37 CFR 1.55(c)).
Specifically, the ‘‘371’’ in ‘‘35 U.S.C.
371’’ as it appears in the body of
§ 1.55(c) in the electronic copy of the
First Inventor to File Final Rule
submitted to the Office of the Federal
Register contained a hyperlink, which is
not printed by the Office of the Federal
Register. This document corrects the
omission of ‘‘371’’ in ‘‘35 U.S.C. 371’’ in
the body of § 1.55(c) in the First
Inventor to File Final Rule as published
in the Federal Register.
In rule FR Doc. 2013–03453 published
on February 14, 2013 (78 FR 11024),
make the following corrections:
§ 1.55
[Correction]
1. On page 11053, second column,
through page 11055, first column, revise
amendatory instruction 6 and its
amendatory text to read as follows:
■ 6. Section 1.55 is revised to read as
follows:
■
§ 1.55
Claim for foreign priority.
(a) In general. An applicant in a
nonprovisional application may claim
priority to one or more prior foreign
applications under the conditions
specified in 35 U.S.C. 119(a) through (d)
and (f), 172, and 365(a) and (b) and this
section.
(b) Time for filing subsequent
application. The nonprovisional
application must be filed not later than
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Rules and Regulations
twelve months (six months in the case
of a design application) after the date on
which the foreign application was filed,
or be entitled to claim the benefit under
35 U.S.C. 120, 121, or 365(c) of an
application that was filed not later than
twelve months (six months in the case
of a design application) after the date on
which the foreign application was filed.
The twelve-month period is subject to
35 U.S.C. 21(b) (and § 1.7(a)) and PCT
Rule 80.5, and the six-month period is
subject to 35 U.S.C. 21(b) (and § 1.7(a)).
(c) Time for filing priority claim and
certified copy of foreign application in
an application entering the national
stage under 35 U.S.C. 371. In an
international application entering the
national stage under 35 U.S.C. 371, the
claim for priority must be made and a
certified copy of the foreign application
must be filed within the time limit set
forth in the PCT and the Regulations
under the PCT.
(d) Time for filing priority claim in an
application filed under 35 U.S.C. 111(a).
In an original application filed under 35
U.S.C. 111(a), the claim for priority
must be filed within the later of four
months from the actual filing date of the
application or sixteen months from the
filing date of the prior foreign
application. The claim for priority must
be presented in an application data
sheet (§ 1.76(b)(6)), and must identify
the foreign application for which
priority is claimed, by specifying the
application number, country (or
intellectual property authority), day,
month, and year of its filing. The time
period in this paragraph does not apply
in a design application.
(e) Delayed priority claim in an
application filed under 35 U.S.C. 111(a).
Unless such claim is accepted in
accordance with the provisions of this
paragraph, any claim for priority under
35 U.S.C. 119(a) through (d) or (f) or
365(a) in an original application filed
under 35 U.S.C. 111(a) not presented in
an application data sheet (§ 1.76(b)(6))
within the time period provided by
paragraph (d) of this section is
considered to have been waived. If a
claim for priority is presented after the
time period provided by paragraph (d)
of this section, the claim may be
accepted if the priority claim was
unintentionally delayed. A petition to
accept a delayed claim for priority
under 35 U.S.C. 119(a) through (d) or (f)
or 365(a) must be accompanied by:
(1) The priority claim under 35 U.S.C.
119(a) through (d) or (f) or 365(a) in an
application data sheet (§ 1.76(b)(6)),
identifying the foreign application for
which priority is claimed, by specifying
the application number, country (or
intellectual property authority), day,
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month, and year of its filing, unless
previously submitted;
(2) A certified copy of the foreign
application if required by paragraph (f)
of this section, unless previously
submitted;
(3) The surcharge set forth in § 1.17(t);
and
(4) A statement that the entire delay
between the date the priority claim was
due under paragraph (d) of this section
and the date the priority claim was filed
was unintentional. The Director may
require additional information where
there is a question whether the delay
was unintentional.
(f) Time for filing certified copy of
foreign application in an application
filed under 35 U.S.C. 111(a). In an
original application filed under 35
U.S.C. 111(a), a certified copy of the
foreign application must be filed within
the later of four months from the actual
filing date of the application or sixteen
months from the filing date of the prior
foreign application, except as provided
in paragraphs (h) and (i) of this section.
If a certified copy of the foreign
application is not filed within the later
of four months from the actual filing
date of the application or sixteen
months from the filing date of the prior
foreign application, and the exceptions
in paragraphs (h) and (i) of this section
are not applicable, the certified copy of
the foreign application must be
accompanied by a petition including a
showing of good and sufficient cause for
the delay and the petition fee set forth
in § 1.17(g). The time period in this
paragraph does not apply in a design
application.
(g) Requirement for filing priority
claim, certified copy of foreign
application, and translation in any
application. (1) The claim for priority
and the certified copy of the foreign
application specified in 35 U.S.C. 119(b)
or PCT Rule 17 must, in any event, be
filed within the pendency of the
application and before the patent is
granted. If the claim for priority or the
certified copy of the foreign application
is filed after the date the issue fee is
paid, it must also be accompanied by
the processing fee set forth in § 1.17(i),
but the patent will not include the
priority claim unless corrected by a
certificate of correction under 35 U.S.C.
255 and § 1.323.
(2) The Office may require that the
claim for priority and the certified copy
of the foreign application be filed earlier
than otherwise provided in this section:
(i) When the application is involved
in an interference (see § 41.202 of this
title) or derivation (see part 42 of this
title) proceeding;
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16183
(ii) When necessary to overcome the
date of a reference relied upon by the
examiner; or
(iii) When deemed necessary by the
examiner.
(3) An English language translation of
a non-English language foreign
application is not required except:
(i) When the application is involved
in an interference (see § 41.202 of this
title) or derivation (see part 42 of this
title) proceeding;
(ii) When necessary to overcome the
date of a reference relied upon by the
examiner; or
(iii) When specifically required by the
examiner.
(4) If an English language translation
of a non-English language foreign
application is required, it must be filed
together with a statement that the
translation of the certified copy is
accurate.
(h) Foreign intellectual property office
participating in a priority document
exchange agreement. The requirement
in paragraphs (c), (f), and (g) of this
section for a certified copy of the foreign
application to be filed within the time
limit set forth therein will be considered
satisfied if:
(1) The foreign application was filed
in a foreign intellectual property office
participating with the Office in a
bilateral or multilateral priority
document exchange agreement
(participating foreign intellectual
property office), or a copy of the foreign
application was filed in an application
subsequently filed in a participating
foreign intellectual property office that
permits the Office to obtain such a copy;
(2) The claim for priority is presented
in an application data sheet
(§ 1.76(b)(6)), identifying the foreign
application for which priority is
claimed, by specifying the application
number, country (or intellectual
property authority), day, month, and
year of its filing, and the applicant
provides the information necessary for
the participating foreign intellectual
property office to provide the Office
with access to the foreign application;
(3) The copy of the foreign application
is received by the Office from the
participating foreign intellectual
property office, or a certified copy of the
foreign application is filed, within the
period specified in paragraph (g)(1) of
this section; and
(4) The applicant files a request in a
separate document that the Office obtain
a copy of the foreign application from a
participating intellectual property office
that permits the Office to obtain such a
copy if the foreign application was not
filed in a participating foreign
intellectual property office but a copy of
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Federal Register / Vol. 78, No. 50 / Thursday, March 14, 2013 / Rules and Regulations
the foreign application was filed in an
application subsequently filed in a
participating foreign intellectual
property office that permits the Office to
obtain such a copy. The request must
identify the participating intellectual
property office and the subsequent
application by the application number,
day, month, and year of its filing in
which a copy of the foreign application
was filed. The request must be filed
within the later of sixteen months from
the filing date of the prior foreign
application or four months from the
actual filing date of an application
under 35 U.S.C. 111(a), within four
months from the later of the date of
commencement (§ 1.491(a)) or the date
of the initial submission under 35
U.S.C. 371 in an application entering
the national stage under 35 U.S.C. 371,
or with a petition under paragraph (e) of
this section.
(i) Interim copy. The requirement in
paragraph (f) of this section for a
certified copy of the foreign application
to be filed within the time limit set forth
therein will be considered satisfied if:
(1) A copy of the original foreign
application clearly labeled as ‘‘Interim
Copy,’’ including the specification, and
any drawings or claims upon which it
is based, is filed in the Office together
with a separate cover sheet identifying
the foreign application by specifying the
application number, country (or
intellectual property authority), day,
month, and year of its filing, and stating
that the copy filed in the Office is a true
copy of the original application as filed
in the foreign country (or intellectual
property authority);
(2) The copy of the foreign application
and separate cover sheet is filed within
the later of sixteen months from the
filing date of the prior foreign
application or four months from the
actual filing date of an application
under 35 U.S.C. 111(a), or with a
petition under paragraph (e) of this
section; and
(3) A certified copy of the foreign
application is filed within the period
specified in paragraph (g)(1) of this
section.
(j) Requirements for certain
applications filed on or after March 16,
2013. If a nonprovisional application
filed on or after March 16, 2013, claims
priority to a foreign application filed
prior to March 16, 2013, and also
contains, or contained at any time, a
claim to a claimed invention that has an
effective filing date on or after March
16, 2013, the applicant must provide a
statement to that effect within the later
of four months from the actual filing
date of the nonprovisional application,
four months from the date of entry into
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the national stage as set forth in § 1.491
in an international application, sixteen
months from the filing date of the priorfiled foreign application, or the date that
a first claim to a claimed invention that
has an effective filing date on or after
March 16, 2013, is presented in the
nonprovisional application. An
applicant is not required to provide
such a statement if the applicant
reasonably believes on the basis of
information already known to the
individuals designated in § 1.56(c) that
the nonprovisional application does not,
and did not at any time, contain a claim
to a claimed invention that has an
effective filing date on or after March
16, 2013.
(k) Inventor’s certificates. An
applicant in a nonprovisional
application may under certain
circumstances claim priority on the
basis of one or more applications for an
inventor’s certificate in a country
granting both inventor’s certificates and
patents. To claim the right of priority on
the basis of an application for an
inventor’s certificate in such a country
under 35 U.S.C. 119(d), the applicant
when submitting a claim for such right
as specified in this section, must
include an affidavit or declaration. The
affidavit or declaration must include a
specific statement that, upon an
investigation, he or she is satisfied that
to the best of his or her knowledge, the
applicant, when filing the application
for the inventor’s certificate, had the
option to file an application for either a
patent or an inventor’s certificate as to
the subject matter of the identified claim
or claims forming the basis for the claim
of priority.
(l) Time periods not extendable. The
time periods set forth in this section are
not extendable.
Dated: March 7, 2013.
Teresa Stanek Rea,
Acting Under Secretary of Commerce for
Intellectual Property and Acting Director of
the United States Patent and Trademark
Office.
[FR Doc. 2013–05815 Filed 3–13–13; 8:45 am]
BILLING CODE 3510–16–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 58
[EPA–HQ–OAR–2012–0486, FRL–9789–2]
RIN 2060–AR59
Revision to Ambient Nitrogen Dioxide
Monitoring Requirements
Environmental Protection
Agency (EPA).
AGENCY:
PO 00000
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ACTION:
Final rule.
The EPA is finalizing
revisions to the deadlines established in
the national ambient air quality
standard (NAAQS) for nitrogen dioxide
(NO2) for the near-road component of
the NO2 monitoring network in order to
implement a phased deployment
approach. This approach will create a
series of deadlines that will make the
near-road NO2 network operational
between January 1, 2014, and January 1,
2017. The EPA is also finalizing
revisions to the approval authority for
annual monitoring network plans for
NO2 monitoring.
DATES: This final rule is effective March
14, 2013.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2012–0486. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
www.regulations.gov or in hard copy at
the Revision to Ambient Nitrogen
Dioxide Monitoring Requirements
Docket, Docket ID No. EPA–HQ–OAR–
2012–0486, EPA Docket Center,
EPA/DC, EPA West, Room 3334, 1301
Constitution Ave. NW., Washington,
DC. This Docket Facility is open from
8:30 a.m. to 4:30 p.m. Monday through
Friday excluding legal holidays. The
docket telephone number is (202) 566–
1742. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744.
FOR FURTHER INFORMATION CONTACT: Mr.
Nealson Watkins, Air Quality
Assessment Division, Office of Air
Quality Planning and Standards, U.S.
Environmental Protection Agency, Mail
code C304–06, Research Triangle Park,
NC 27711; telephone: (919) 541–5522;
fax: (919) 541–1903; email:
watkins.nealson@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Table of Contents
The following topics are discussed in
this preamble:
I. Background
II. Changes to the Ambient NO2 Monitoring
Requirements
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]]>Agencies
[Federal Register Volume 78, Number 50 (Thursday, March 14, 2013)]
[Rules and Regulations]
[Pages 16182-16184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05815]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 1
[Docket No. PTO-P-2012-0015]
RIN 0651-AC77
Changes To Implement the First Inventor To File Provisions of the
Leahy-Smith America Invents Act; Correction
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (Office)
published in the Federal Register of February 14, 2013, a final rule
revising the rules of practice in patent cases for consistency with,
and to address the examination issues raised by, the changes in the
first inventor to file provisions of the Leahy-Smith America Invents
Act (AIA) (First Inventor to File Final Rule). Due to a technical
issue, the First Inventor to File Final Rule as published in the
Federal Register is missing text in the provisions pertaining to claims
for priority to a foreign application in an application filed under the
Patent Cooperation Treaty (PCT). This document corrects the omission in
the First Inventor to File Final Rule as published in the Federal
Register.
DATES: Effective March 16, 2013.
FOR FURTHER INFORMATION CONTACT: Susy Tsang-Foster, Legal Advisor
(telephone (571) 272-7711; electronic mail message (susy.tsang-foster@uspto.gov)) or Linda S. Therkorn, Patent Examination Policy
Advisor (telephone (571) 272-7837; electronic mail message
(linda.therkorn@uspto.gov)), of the Office of the Deputy Commissioner
for Patent Examination Policy.
SUPPLEMENTARY INFORMATION: The Office published in the Federal Register
of February 14, 2013, a final rule revising the rules of practice in
patent cases for consistency with, and to address the examination
issues raised by, the changes in the first inventor to file provisions
of the AIA. See Changes To Implement the First Inventor To File
Provisions of the Leahy-Smith America Invents Act, 78 FR 11024 (Feb.
14, 2013). The First Inventor to File Final Rule as published in the
Federal Register is missing text in the provisions pertaining to claims
for priority to a foreign application in an application filed under the
PCT. See Changes To Implement the First Inventor To File Provisions of
the Leahy-Smith America Invents Act, 78 FR 11053 (to be codified at 37
CFR 1.55(c)). Specifically, the ``371'' in ``35 U.S.C. 371'' as it
appears in the body of Sec. 1.55(c) in the electronic copy of the
First Inventor to File Final Rule submitted to the Office of the
Federal Register contained a hyperlink, which is not printed by the
Office of the Federal Register. This document corrects the omission of
``371'' in ``35 U.S.C. 371'' in the body of Sec. 1.55(c) in the First
Inventor to File Final Rule as published in the Federal Register.
In rule FR Doc. 2013-03453 published on February 14, 2013 (78 FR
11024), make the following corrections:
Sec. 1.55 [Correction]
0
1. On page 11053, second column, through page 11055, first column,
revise amendatory instruction 6 and its amendatory text to read as
follows:
0
6. Section 1.55 is revised to read as follows:
Sec. 1.55 Claim for foreign priority.
(a) In general. An applicant in a nonprovisional application may
claim priority to one or more prior foreign applications under the
conditions specified in 35 U.S.C. 119(a) through (d) and (f), 172, and
365(a) and (b) and this section.
(b) Time for filing subsequent application. The nonprovisional
application must be filed not later than
[[Page 16183]]
twelve months (six months in the case of a design application) after
the date on which the foreign application was filed, or be entitled to
claim the benefit under 35 U.S.C. 120, 121, or 365(c) of an application
that was filed not later than twelve months (six months in the case of
a design application) after the date on which the foreign application
was filed. The twelve-month period is subject to 35 U.S.C. 21(b) (and
Sec. 1.7(a)) and PCT Rule 80.5, and the six-month period is subject to
35 U.S.C. 21(b) (and Sec. 1.7(a)).
(c) Time for filing priority claim and certified copy of foreign
application in an application entering the national stage under 35
U.S.C. 371. In an international application entering the national stage
under 35 U.S.C. 371, the claim for priority must be made and a
certified copy of the foreign application must be filed within the time
limit set forth in the PCT and the Regulations under the PCT.
(d) Time for filing priority claim in an application filed under 35
U.S.C. 111(a). In an original application filed under 35 U.S.C. 111(a),
the claim for priority must be filed within the later of four months
from the actual filing date of the application or sixteen months from
the filing date of the prior foreign application. The claim for
priority must be presented in an application data sheet (Sec.
1.76(b)(6)), and must identify the foreign application for which
priority is claimed, by specifying the application number, country (or
intellectual property authority), day, month, and year of its filing.
The time period in this paragraph does not apply in a design
application.
(e) Delayed priority claim in an application filed under 35 U.S.C.
111(a). Unless such claim is accepted in accordance with the provisions
of this paragraph, any claim for priority under 35 U.S.C. 119(a)
through (d) or (f) or 365(a) in an original application filed under 35
U.S.C. 111(a) not presented in an application data sheet (Sec.
1.76(b)(6)) within the time period provided by paragraph (d) of this
section is considered to have been waived. If a claim for priority is
presented after the time period provided by paragraph (d) of this
section, the claim may be accepted if the priority claim was
unintentionally delayed. A petition to accept a delayed claim for
priority under 35 U.S.C. 119(a) through (d) or (f) or 365(a) must be
accompanied by:
(1) The priority claim under 35 U.S.C. 119(a) through (d) or (f) or
365(a) in an application data sheet (Sec. 1.76(b)(6)), identifying the
foreign application for which priority is claimed, by specifying the
application number, country (or intellectual property authority), day,
month, and year of its filing, unless previously submitted;
(2) A certified copy of the foreign application if required by
paragraph (f) of this section, unless previously submitted;
(3) The surcharge set forth in Sec. 1.17(t); and
(4) A statement that the entire delay between the date the priority
claim was due under paragraph (d) of this section and the date the
priority claim was filed was unintentional. The Director may require
additional information where there is a question whether the delay was
unintentional.
(f) Time for filing certified copy of foreign application in an
application filed under 35 U.S.C. 111(a). In an original application
filed under 35 U.S.C. 111(a), a certified copy of the foreign
application must be filed within the later of four months from the
actual filing date of the application or sixteen months from the filing
date of the prior foreign application, except as provided in paragraphs
(h) and (i) of this section. If a certified copy of the foreign
application is not filed within the later of four months from the
actual filing date of the application or sixteen months from the filing
date of the prior foreign application, and the exceptions in paragraphs
(h) and (i) of this section are not applicable, the certified copy of
the foreign application must be accompanied by a petition including a
showing of good and sufficient cause for the delay and the petition fee
set forth in Sec. 1.17(g). The time period in this paragraph does not
apply in a design application.
(g) Requirement for filing priority claim, certified copy of
foreign application, and translation in any application. (1) The claim
for priority and the certified copy of the foreign application
specified in 35 U.S.C. 119(b) or PCT Rule 17 must, in any event, be
filed within the pendency of the application and before the patent is
granted. If the claim for priority or the certified copy of the foreign
application is filed after the date the issue fee is paid, it must also
be accompanied by the processing fee set forth in Sec. 1.17(i), but
the patent will not include the priority claim unless corrected by a
certificate of correction under 35 U.S.C. 255 and Sec. 1.323.
(2) The Office may require that the claim for priority and the
certified copy of the foreign application be filed earlier than
otherwise provided in this section:
(i) When the application is involved in an interference (see Sec.
41.202 of this title) or derivation (see part 42 of this title)
proceeding;
(ii) When necessary to overcome the date of a reference relied upon
by the examiner; or
(iii) When deemed necessary by the examiner.
(3) An English language translation of a non-English language
foreign application is not required except:
(i) When the application is involved in an interference (see Sec.
41.202 of this title) or derivation (see part 42 of this title)
proceeding;
(ii) When necessary to overcome the date of a reference relied upon
by the examiner; or
(iii) When specifically required by the examiner.
(4) If an English language translation of a non-English language
foreign application is required, it must be filed together with a
statement that the translation of the certified copy is accurate.
(h) Foreign intellectual property office participating in a
priority document exchange agreement. The requirement in paragraphs
(c), (f), and (g) of this section for a certified copy of the foreign
application to be filed within the time limit set forth therein will be
considered satisfied if:
(1) The foreign application was filed in a foreign intellectual
property office participating with the Office in a bilateral or
multilateral priority document exchange agreement (participating
foreign intellectual property office), or a copy of the foreign
application was filed in an application subsequently filed in a
participating foreign intellectual property office that permits the
Office to obtain such a copy;
(2) The claim for priority is presented in an application data
sheet (Sec. 1.76(b)(6)), identifying the foreign application for which
priority is claimed, by specifying the application number, country (or
intellectual property authority), day, month, and year of its filing,
and the applicant provides the information necessary for the
participating foreign intellectual property office to provide the
Office with access to the foreign application;
(3) The copy of the foreign application is received by the Office
from the participating foreign intellectual property office, or a
certified copy of the foreign application is filed, within the period
specified in paragraph (g)(1) of this section; and
(4) The applicant files a request in a separate document that the
Office obtain a copy of the foreign application from a participating
intellectual property office that permits the Office to obtain such a
copy if the foreign application was not filed in a participating
foreign intellectual property office but a copy of
[[Page 16184]]
the foreign application was filed in an application subsequently filed
in a participating foreign intellectual property office that permits
the Office to obtain such a copy. The request must identify the
participating intellectual property office and the subsequent
application by the application number, day, month, and year of its
filing in which a copy of the foreign application was filed. The
request must be filed within the later of sixteen months from the
filing date of the prior foreign application or four months from the
actual filing date of an application under 35 U.S.C. 111(a), within
four months from the later of the date of commencement (Sec. 1.491(a))
or the date of the initial submission under 35 U.S.C. 371 in an
application entering the national stage under 35 U.S.C. 371, or with a
petition under paragraph (e) of this section.
(i) Interim copy. The requirement in paragraph (f) of this section
for a certified copy of the foreign application to be filed within the
time limit set forth therein will be considered satisfied if:
(1) A copy of the original foreign application clearly labeled as
``Interim Copy,'' including the specification, and any drawings or
claims upon which it is based, is filed in the Office together with a
separate cover sheet identifying the foreign application by specifying
the application number, country (or intellectual property authority),
day, month, and year of its filing, and stating that the copy filed in
the Office is a true copy of the original application as filed in the
foreign country (or intellectual property authority);
(2) The copy of the foreign application and separate cover sheet is
filed within the later of sixteen months from the filing date of the
prior foreign application or four months from the actual filing date of
an application under 35 U.S.C. 111(a), or with a petition under
paragraph (e) of this section; and
(3) A certified copy of the foreign application is filed within the
period specified in paragraph (g)(1) of this section.
(j) Requirements for certain applications filed on or after March
16, 2013. If a nonprovisional application filed on or after March 16,
2013, claims priority to a foreign application filed prior to March 16,
2013, and also contains, or contained at any time, a claim to a claimed
invention that has an effective filing date on or after March 16, 2013,
the applicant must provide a statement to that effect within the later
of four months from the actual filing date of the nonprovisional
application, four months from the date of entry into the national stage
as set forth in Sec. 1.491 in an international application, sixteen
months from the filing date of the prior-filed foreign application, or
the date that a first claim to a claimed invention that has an
effective filing date on or after March 16, 2013, is presented in the
nonprovisional application. An applicant is not required to provide
such a statement if the applicant reasonably believes on the basis of
information already known to the individuals designated in Sec.
1.56(c) that the nonprovisional application does not, and did not at
any time, contain a claim to a claimed invention that has an effective
filing date on or after March 16, 2013.
(k) Inventor's certificates. An applicant in a nonprovisional
application may under certain circumstances claim priority on the basis
of one or more applications for an inventor's certificate in a country
granting both inventor's certificates and patents. To claim the right
of priority on the basis of an application for an inventor's
certificate in such a country under 35 U.S.C. 119(d), the applicant
when submitting a claim for such right as specified in this section,
must include an affidavit or declaration. The affidavit or declaration
must include a specific statement that, upon an investigation, he or
she is satisfied that to the best of his or her knowledge, the
applicant, when filing the application for the inventor's certificate,
had the option to file an application for either a patent or an
inventor's certificate as to the subject matter of the identified claim
or claims forming the basis for the claim of priority.
(l) Time periods not extendable. The time periods set forth in this
section are not extendable.
Dated: March 7, 2013.
Teresa Stanek Rea,
Acting Under Secretary of Commerce for Intellectual Property and Acting
Director of the United States Patent and Trademark Office.
[FR Doc. 2013-05815 Filed 3-13-13; 8:45 am]
BILLING CODE 3510-16-P
