Changes To Implement the Patent Law Treaty; Correction, 75251-75252 [2013-29523]
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Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Rules and Regulations
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
11. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
12. Energy Effects
This action is not a ‘‘significant
energy action’’ under Executive Order
13211, Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use.
13. Technical Standards
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
14. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have determined that this action is one
of a category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves safety
zones of limited size and duration. This
rule is categorically excluded from
further review under paragraph 34(g) of
Figure 2–1 of the Commandant
Instruction. An environmental analysis
checklist supporting this determination
and a Categorical Exclusion
Determination are available in the
docket where indicated under
ADDRESSES. We seek any comments or
information that may lead to the
discovery of a significant environmental
impact from this rule.
rmajette on DSK2TPTVN1PROD with RULES
E. List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures, and
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
VerDate Mar<15>2010
14:26 Dec 10, 2013
Jkt 232001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
■
Authority: 33 U.S.C. 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. Add temporary § 165–T11–609 to
read as follows:
■
§ 165–T11–609 Safety zone; Google’s
Night at Sea Fireworks Display, San
Francisco Bay, Alameda, CA.
(a) Location. These temporary safety
zones are established in the navigable
waters of the San Francisco Bay near the
breakwater in Alameda, CA as depicted
in National Oceanic and Atmospheric
Administration (NOAA) Chart 18650.
From 12:01 p.m. until 10:15 p.m. on
December 7, 2013, from 12:01 p.m. until
9:15 p.m. on December 14, 2013, and
from 9:20 p.m. until 11:15 p.m. on
December 14, 2013, the temporary safety
zones apply to the nearest point of the
fireworks barges within a radius of 100
feet during the loading, transit, and
arrival of the fireworks barges from Pier
50 to the launch site near the breakwater
in Alameda, CA in approximate position
37°46′07″ N, 122°19′10″ W (NAD83).
From 10:15 p.m. until 10:45 p.m. on
December 7, 2013, from 9:15 p.m. until
9:20 p.m. on December 14, 2013, and
from 11:15 p.m. until 11:30 p.m. on
December 14, 2013, the temporary safety
zones will increase in size and
encompass the navigable waters around
and under the fireworks barges in
approximate position 37°46′07″ N,
122°19′10″ W (NAD83) within a radius
of 420 feet.
(b) Enforcement Period. The zones
described in paragraph (a) of this
section will be enforced from 12:01 p.m.
through 10:45 p.m. on December 7, 2013
and from 12:01 p.m. through 11:30 p.m.
on December 14, 2013. The Captain of
the Port San Francisco (COTP) will
notify the maritime community of
periods during which these zones will
be enforced via Broadcast Notice to
Mariners in accordance with 33 CFR
165.7.
(c) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
on a Coast Guard vessel or a Federal,
State, or local officer designated by or
assisting the COTP in the enforcement
of the safety zones.
(d) Regulations. (1) Under the general
regulations in 33 CFR Part 165, Subpart
C, entry into, transiting or anchoring
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75251
within these safety zones is prohibited
unless authorized by the COTP or a
designated representative.
(2) The safety zones are closed to all
vessel traffic, except as may be
permitted by the COTP or a designated
representative.
(3) Vessel operators desiring to enter
or operate within the safety zones must
contact the COTP or a designated
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zones
must comply with all directions given to
them by the COTP or a designated
representative. Persons and vessels may
request permission to enter the safety
zones on VHF–23A or through the 24hour Command Center at telephone
(415) 399–3547.
Dated: November 26, 2013.
Gregory G. Stump,
Captain, U.S. Coast Guard, Captain of the
Port San Francisco.
[FR Doc. 2013–29369 Filed 12–10–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
37 CFR Part 1
[Docket No.: PTO–P–2013–0007]
RIN 0651–AC85
Changes To Implement the Patent Law
Treaty; 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 on October 21,
2013, a final rule revising the rules of
practice in patent cases for consistency
with the changes in the Patent Law
Treaty (PLT) and provisions of the
Patent Law Treaties Implementation Act
of 2012 (PLTIA) that implement the PLT
(PLT Final Rule). The PLT Final Rule as
published in the Federal Register
inadvertently omits the small and micro
entity fee amounts for certain petitions
and contains a cross-reference to a
section that has been removed. This
document corrects the omission and
removes the cross-reference in the PLT
Final Rule as published in the Federal
Register.
DATES: Effective Date: December 18,
2013.
FOR FURTHER INFORMATION CONTACT:
Robert W. Bahr, Senior Patent Counsel,
SUMMARY:
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11DER1
75252
Federal Register / Vol. 78, No. 238 / Wednesday, December 11, 2013 / Rules and Regulations
Office of Patent Examination Policy, at
(571) 272–8090.
The
United States Patent and Trademark
Office (Office) published in the Federal
Register on October 21, 2013, a final
rule revising the rules of practice in
patent cases for consistency with the
changes in the Patent Law Treaty (PLT)
and provisions of the Patent Law
Treaties Implementation Act of 2012
(PLTIA) that implement the PLT. See
Changes to Implement the Patent Law
Treaty, 78 FR 62367 (Oct. 21, 2013). The
PLT Final Rule as published in the
Federal Register inadvertently omits the
small and micro entity fee amounts for
petitions referring to the petition fee set
forth in 37 CFR 1.17(g). See Changes to
Implement the Patent Law Treaty, 78 FR
at 62395. The PLT Final Rule as
published in the Federal Register also
amends 37 CFR 1.197 to refer to 37 CFR
90.3 rather than former 37 CFR 1.304 for
the time for appeal or for commencing
a civil action. The judicial review
provisions of 37 CFR 1.302 through
1.304 were replaced by 37 CFR part 90
in September of 2012, but 37 CFR
1.197(a) as published in the Federal
Register inadvertently retains a crossreference to 37 CFR 1.304. See Changes
to Implement the Patent Law Treaty, 78
FR at 62382–83 and 62406. This
document corrects 37 CFR 1.17 to
include the small and micro entity fee
amounts for petitions referring to the
petition fee set forth in 37 CFR 1.17(g)
and removes the cross-reference to
former 37 CFR 1.304 from 37 CFR
1.197(a).
In rule FR Doc. 2013–24471,
published on October 21, 2013 (78 FR
62367), make the following corrections:
rmajette on DSK2TPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
§ 1.36(a)—for revocation of a power of
attorney by fewer than all of the
applicants.
§ 1.53(e)—to accord a filing date.
§ 1.182—for decision on a question
not specifically provided for in an
application for patent.
§ 1.183—to suspend the rules in an
application for patent.
§ 1.741(b)—to accord a filing date to
an application under § 1.740 for
extension of a patent term.
(g) For filing a petition under one of
the following sections which refers to
this paragraph:
By a micro entity (§ 1.29) ............
By a small entity (§ 1.27(a)) ........
By other than a small or micro
entity .........................................
$50.00
$100.00
14:26 Dec 10, 2013
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PO 00000
Frm 00038
Fmt 4700
Sfmt 9990
$850.00
$1,700.00
*
*
*
*
*
(o) For every ten items or fraction
thereof in a third-party submission
under § 1.290:
By a small entity (§ 1.27(a)) or
micro entity (§ 1.29) .................
By other than a small entity .......
$90.00
$180.00
(p) For an information disclosure
statement under § 1.97(c) or (d):
By a micro entity (§ 1.29) ............
By a small entity (§ 1.27(a)) ........
By other than a small or micro
entity .........................................
$200.00 *
§ 1.12—for access to an assignment
record.
§ 1.14—for access to an application.
§ 1.46—for filing an application on
behalf of an inventor by a person who
otherwise shows sufficient proprietary
interest in the matter.
§ 1.55(f)—for filing a belated certified
copy of a foreign application.
§ 1.57(a)—for filing a belated certified
copy of a foreign application.
§ 1.59—for expungement of
information.
§ 1.103(a)—to suspend action in an
application.
§ 1.136(b)—for review of a request for
extension of time when the provisions
of § 1.136(a) are not available.
§ 1.377—for review of decision
refusing to accept and record payment
of a maintenance fee filed prior to
expiration of a patent.
§ 1.550(c)—for patent owner requests
for extension of time in ex parte
reexamination proceedings.
§ 1.956—for patent owner requests for
extension of time in inter partes
§ 1.17 [Correction]
reexamination proceedings.
§ 5.12—for expedited handling of a
■ 1. On page 62395, second and third
columns, revise amendatory instruction foreign filing license.
§ 5.15—for changing the scope of a
9 and its amendatory text to read as
license.
follows:
§ 5.25—for retroactive license.
■ 9. Section 1.17 is amended by revising
*
*
*
*
*
paragraphs (f), (g), (m), and (p), adding
(l) [Reserved]
new paragraph (o), and removing and
(m) For filing a petition for the revival
reserving paragraphs (l) and (t) to read
of an abandoned application for a
as follows:
patent, for the delayed payment of the
fee for issuing each patent, for the
§ 1.17 Patent application and
delayed response by the patent owner in
reexamination processing fees.
any reexamination proceeding, for the
*
*
*
*
*
delayed payment of the fee for
(f) For filing a petition under one of
maintaining a patent in force, for the
the following sections which refers to
delayed submission of a priority or
this paragraph:
benefit claim, or for the extension of the
By a micro entity (§ 1.29) ............
$100.00 twelve-month (six-month for designs)
By a small entity (§ 1.27(a)) ........
$200.00 period for filing a subsequent
application (§§ 1.55(c), 1.55(e), 1.78(b),
By other than a small or micro
entity .........................................
$400.00 1.78(c), 1.78(e), 1.137, 1.378, and 1.452):
VerDate Mar<15>2010
By a small entity (§ 1.27(a)) or
micro entity (§ 1.29) .................
By other than a small or micro
entity .........................................
*
*
*
(t) [Reserved]
§ 1.197
$45.00
$90.00
$180.00
*
[Correction]
2. On page 62406, second and third
columns, revise amendatory instruction
32 and its amendatory text to read as
follows:
■ 32. Section 1.197 is revised to read as
follows:
■
§ 1.197
Termination of proceedings.
(a) Proceedings on an application are
considered terminated by the dismissal
of an appeal or the failure to timely file
an appeal to the court or a civil action
except:
(1) Where claims stand allowed in an
application; or
(2) Where the nature of the decision
requires further action by the examiner.
(b) The date of termination of
proceedings on an application is the
date on which the appeal is dismissed
or the date on which the time for appeal
to the U.S. Court of Appeals for the
Federal Circuit or review by civil action
(§ 90.3 of this chapter) expires in the
absence of further appeal or review. If
an appeal to the U.S. Court of Appeals
for the Federal Circuit or a civil action
has been filed, proceedings on an
application are considered terminated
when the appeal or civil action is
terminated. A civil action is terminated
when the time to appeal the judgment
expires. An appeal to the U.S. Court of
Appeals for the Federal Circuit, whether
from a decision of the Board or a
judgment in a civil action, is terminated
when the mandate is issued by the
Court.
Dated: December 5, 2013.
Margaret A. Focarino,
Commissioner for Patents, Performing the
functions and duties of the Under Secretary
of Commerce for Intellectual Property and
Director of the United States Patent and
Trademark Office.
[FR Doc. 2013–29523 Filed 12–10–13; 8:45 am]
BILLING CODE 3510–16–P
E:\FR\FM\11DER1.SGM
11DER1
]]>Agencies
[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Rules and Regulations]
[Pages 75251-75252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29523]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 1
[Docket No.: PTO-P-2013-0007]
RIN 0651-AC85
Changes To Implement the Patent Law Treaty; 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 on October 21, 2013, a final rule
revising the rules of practice in patent cases for consistency with the
changes in the Patent Law Treaty (PLT) and provisions of the Patent Law
Treaties Implementation Act of 2012 (PLTIA) that implement the PLT (PLT
Final Rule). The PLT Final Rule as published in the Federal Register
inadvertently omits the small and micro entity fee amounts for certain
petitions and contains a cross-reference to a section that has been
removed. This document corrects the omission and removes the cross-
reference in the PLT Final Rule as published in the Federal Register.
DATES: Effective Date: December 18, 2013.
FOR FURTHER INFORMATION CONTACT: Robert W. Bahr, Senior Patent Counsel,
[[Page 75252]]
Office of Patent Examination Policy, at (571) 272-8090.
SUPPLEMENTARY INFORMATION: The United States Patent and Trademark
Office (Office) published in the Federal Register on October 21, 2013,
a final rule revising the rules of practice in patent cases for
consistency with the changes in the Patent Law Treaty (PLT) and
provisions of the Patent Law Treaties Implementation Act of 2012
(PLTIA) that implement the PLT. See Changes to Implement the Patent Law
Treaty, 78 FR 62367 (Oct. 21, 2013). The PLT Final Rule as published in
the Federal Register inadvertently omits the small and micro entity fee
amounts for petitions referring to the petition fee set forth in 37 CFR
1.17(g). See Changes to Implement the Patent Law Treaty, 78 FR at
62395. The PLT Final Rule as published in the Federal Register also
amends 37 CFR 1.197 to refer to 37 CFR 90.3 rather than former 37 CFR
1.304 for the time for appeal or for commencing a civil action. The
judicial review provisions of 37 CFR 1.302 through 1.304 were replaced
by 37 CFR part 90 in September of 2012, but 37 CFR 1.197(a) as
published in the Federal Register inadvertently retains a cross-
reference to 37 CFR 1.304. See Changes to Implement the Patent Law
Treaty, 78 FR at 62382-83 and 62406. This document corrects 37 CFR 1.17
to include the small and micro entity fee amounts for petitions
referring to the petition fee set forth in 37 CFR 1.17(g) and removes
the cross-reference to former 37 CFR 1.304 from 37 CFR 1.197(a).
In rule FR Doc. 2013-24471, published on October 21, 2013 (78 FR
62367), make the following corrections:
Sec. 1.17 [Correction]
0
1. On page 62395, second and third columns, revise amendatory
instruction 9 and its amendatory text to read as follows:
0
9. Section 1.17 is amended by revising paragraphs (f), (g), (m), and
(p), adding new paragraph (o), and removing and reserving paragraphs
(l) and (t) to read as follows:
Sec. 1.17 Patent application and reexamination processing fees.
* * * * *
(f) For filing a petition under one of the following sections which
refers to this paragraph:
By a micro entity (Sec. 1.29).............................. $100.00
By a small entity (Sec. 1.27(a))........................... $200.00
By other than a small or micro entity........................ $400.00
Sec. 1.36(a)--for revocation of a power of attorney by fewer than
all of the applicants.
Sec. 1.53(e)--to accord a filing date.
Sec. 1.182--for decision on a question not specifically provided
for in an application for patent.
Sec. 1.183--to suspend the rules in an application for patent.
Sec. 1.741(b)--to accord a filing date to an application under
Sec. 1.740 for extension of a patent term.
(g) For filing a petition under one of the following sections which
refers to this paragraph:
By a micro entity (Sec. 1.29).............................. $50.00
By a small entity (Sec. 1.27(a))........................... $100.00
By other than a small or micro entity........................ $200.00
Sec. 1.12--for access to an assignment record.
Sec. 1.14--for access to an application.
Sec. 1.46--for filing an application on behalf of an inventor by a
person who otherwise shows sufficient proprietary interest in the
matter.
Sec. 1.55(f)--for filing a belated certified copy of a foreign
application.
Sec. 1.57(a)--for filing a belated certified copy of a foreign
application.
Sec. 1.59--for expungement of information.
Sec. 1.103(a)--to suspend action in an application.
Sec. 1.136(b)--for review of a request for extension of time when
the provisions of Sec. 1.136(a) are not available.
Sec. 1.377--for review of decision refusing to accept and record
payment of a maintenance fee filed prior to expiration of a patent.
Sec. 1.550(c)--for patent owner requests for extension of time in
ex parte reexamination proceedings.
Sec. 1.956--for patent owner requests for extension of time in
inter partes reexamination proceedings.
Sec. 5.12--for expedited handling of a foreign filing license.
Sec. 5.15--for changing the scope of a license.
Sec. 5.25--for retroactive license.
* * * * *
(l) [Reserved]
(m) For filing a petition for the revival of an abandoned
application for a patent, for the delayed payment of the fee for
issuing each patent, for the delayed response by the patent owner in
any reexamination proceeding, for the delayed payment of the fee for
maintaining a patent in force, for the delayed submission of a priority
or benefit claim, or for the extension of the twelve-month (six-month
for designs) period for filing a subsequent application (Sec. Sec.
1.55(c), 1.55(e), 1.78(b), 1.78(c), 1.78(e), 1.137, 1.378, and 1.452):
By a small entity (Sec. 1.27(a)) or micro entity (Sec. $850.00
1.29).......................................................
By other than a small or micro entity........................ $1,700.00
* * * * *
(o) For every ten items or fraction thereof in a third-party
submission under Sec. 1.290:
By a small entity (Sec. 1.27(a)) or micro entity (Sec. $90.00
1.29).......................................................
By other than a small entity................................. $180.00
(p) For an information disclosure statement under Sec. 1.97(c) or
(d):
By a micro entity (Sec. 1.29).............................. $45.00
By a small entity (Sec. 1.27(a))........................... $90.00
By other than a small or micro entity........................ $180.00
* * * * *
(t) [Reserved]
Sec. 1.197 [Correction]
0
2. On page 62406, second and third columns, revise amendatory
instruction 32 and its amendatory text to read as follows:
0
32. Section 1.197 is revised to read as follows:
Sec. 1.197 Termination of proceedings.
(a) Proceedings on an application are considered terminated by the
dismissal of an appeal or the failure to timely file an appeal to the
court or a civil action except:
(1) Where claims stand allowed in an application; or
(2) Where the nature of the decision requires further action by the
examiner.
(b) The date of termination of proceedings on an application is the
date on which the appeal is dismissed or the date on which the time for
appeal to the U.S. Court of Appeals for the Federal Circuit or review
by civil action (Sec. 90.3 of this chapter) expires in the absence of
further appeal or review. If an appeal to the U.S. Court of Appeals for
the Federal Circuit or a civil action has been filed, proceedings on an
application are considered terminated when the appeal or civil action
is terminated. A civil action is terminated when the time to appeal the
judgment expires. An appeal to the U.S. Court of Appeals for the
Federal Circuit, whether from a decision of the Board or a judgment in
a civil action, is terminated when the mandate is issued by the Court.
Dated: December 5, 2013.
Margaret A. Focarino,
Commissioner for Patents, Performing the functions and duties of the
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2013-29523 Filed 12-10-13; 8:45 am]
BILLING CODE 3510-16-P
