Request for Comments Regarding Prior Art Resources for Use in the Examination of Software-Related Patent Applications, 644-645 [2013-31492]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 644 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Notices placed in the examination queue based on the actual filing date of the nonprovisional application. For a detailed discussion regarding treatment of applications that are not in condition for publication, processing of improper requests to participate in the program, and treatment of authorizations to charge fees, see Pilot Program for Extended Time Period To Reply to a Notice to File Missing Parts of Nonprovisional Application, 75 FR 76401, 76403–04 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Office 44, 47–49 (Jan. 4, 2011). III. Important Reminders: Applicants are reminded that the disclosure of an invention in a provisional application should be as complete as possible because the claimed subject matter in the later-filed nonprovisional application must have support in the provisional application in order for the applicant to obtain the benefit of the filing date of the provisional application. Furthermore, the nonprovisional application as originally filed must have a complete disclosure that complies with 35 U.S.C. 112(a) which is sufficient to support the claims submitted on filing and any claims submitted later during prosecution. New matter cannot be added to an application after the filing date of the application. See 35 U.S.C. 132(a). In the rulemaking to implement the PLT and title II of the PLTIA, the Office provided that in order to be accorded a filing date, a nonprovisional application (other than an application for a design patent) must include a specification with or without claims. See Changes To Implement the Patent Law Treaty, 78 FR 62367, 62369 (Oct. 21, 2013) (final rule). This change is effective December 18, 2013, and applies to any application filed under 35 U.S.C. 111 on or after December 18, 2013. Although a claim is not required in a nonprovisional application (other than an application for a design patent) for filing date purposes and applicant may file an amendment adding additional claims as prescribed by 35 U.S.C. 112 and drawings as prescribed by 35 U.S.C. 113 later during prosecution, applicant should consider the benefits of submitting a complete set of claims and any necessary drawings on filing of the nonprovisional application. This would reduce the likelihood that any claims and/or drawings added later during prosecution might be found to contain new matter. Also, if a patent is granted and the patentee is successful in litigation against an infringer, provisional rights to a reasonable royalty under 35 U.S.C. 154(d) may be VerDate Mar<15>2010 17:08 Jan 03, 2014 Jkt 232001 available only if the claims that are published in the patent application publication are substantially identical to the patented claims that are infringed, assuming timely actual notice is provided. Thus, the importance of the claims that are included in the patent application publication should not be overlooked. Applicants are also advised that the extended missing parts period does not affect the twelve-month priority period provided by the Paris Convention for the Protection of Industrial Property (Paris Convention). Accordingly, any foreign filings must still be made within twelve months of the filing date of the provisional application if applicant wishes to rely on the provisional application in the foreign-filed application or if protection is desired in a country requiring filing within twelve months of the earliest application for which rights are left outstanding in order to be entitled to priority. For additional reminders, see Pilot Program for Extended Time Period To Reply to a Notice to File Missing Parts of Nonprovisional Application, 75 FR 76401, 76405 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Office 44, 50 (Jan. 4, 2011). Dated: December 31, 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. 2013–31574 Filed 1–3–14; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No.: PTO–P–2013–0064] Request for Comments Regarding Prior Art Resources for Use in the Examination of Software-Related Patent Applications United States Patent and Trademark Office, Commerce. ACTION: Request for comments. AGENCY: SUMMARY: The United States Patent and Trademark Office (USPTO) has formed a partnership with the software community to enhance the quality of software-related patents (Software Partnership). The Software Partnership is an opportunity to bring stakeholders together through a series of roundtable discussions to share ideas, feedback, experiences, and insights on softwarerelated patents. On December 5, 2013, as part of the Software Partnership, the PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 USPTO hosted a roundtable discussion on the USPTO’s prior art searching techniques and tools. At the roundtable, the USPTO spoke on the prior art resources currently utilized by examiners and listened to external speakers and the public on additional prior art resources and improved search techniques. In order to receive further feedback from stakeholders, the USPTO is requesting comments on the questions regarding prior art resources and search techniques set forth below. DATES: Comment Deadline: To be ensured of consideration, written comments must be received on or before March 14, 2014. No public hearing will be held. Addresses for Comments: Written comments should be sent by electronic mail addressed to SoftwareRoundtable2013@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 Seema Rao, Director, Technology Center 2100. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet. The comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site at https://www.uspto.gov. Because comments will be available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments. Parties who would like to rely on confidential information to illustrate a point are requested to summarize or otherwise submit the information in a way that will permit its public disclosure. FOR FURTHER INFORMATION CONTACT: Seema Rao, Director, Technology Center 2100, by telephone at 571–272–0800, or by electronic mail message at seema.rao@uspto.gov. SUPPLEMENTARY INFORMATION: The USPTO conducted a Software Partnership meeting on December 5, 2013, in Alexandria, Virginia, focused on the topic of prior art resources for use during the examination of softwarerelated applications. The meeting featured both internal and external stakeholders’ presentations, along with an open discussion session aimed to collect input on how the agency can enhance prior art searching through the use of search strategies, tools, and databases. Details of the meeting along with all presentation materials can be E:\FR\FM\06JAN1.SGM 06JAN1 Federal Register / Vol. 79, No. 3 / Monday, January 6, 2014 / Notices found on the Prior Art Search micro-site available at https://www.uspto.gov/ patents/init_events/prior_art_search.jsp. Currently, the Office has access to a variety of internal and external resources for searching and accessing prior art. Internally, the Office utilizes the Examiner’s Automated Search Tool (EAST), Web Examiner Search Tool (WEST), and a variety of vendor databases to provide examiners with access to U.S. and foreign patents and patent application publications using both classification and textual searching. Externally, the Scientific and Technical Information Center (STIC) provides examiners with access to nonpatent literature in several art-specific print collections and electronic resources totaling over 500 databases, 59,000 electronic journals and 175,000 e-books. A listing of the Office’s prior art resources may be found at https:// www.uspto.gov/patents/resources/ priorart.jsp. As a follow-up to the Prior Art Software Partnership Meeting, the Office is asking stakeholders for further ideas to improve the quality and efficiency of searching software-related inventions. In particular, the Office seeks comments on the following questions: 1. What specific databases, Web sites, tools and other resources do you find useful in searching for software-related inventions? Please indicate strengths and limitations of each resource. 2. What are your concerns regarding the manner in which USPTO examiners formulate and implement search strategies to identify prior art for software related inventions? How should these concerns be addressed? Date: December 30, 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. that will be furnished by nonprofit agency employing persons who are blind or have other severe disabilities. DATES: Comments Must Be Received On Or Before: 2/6/2014. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 10800, Arlington, Virginia 22202–4149. FOR FURTHER INFORMATION OR TO SUBMIT COMMENTS CONTACT: Barry S. Lineback, Telephone: (703) 603–7740, Fax: (703) 603–0655, or email CMTEFedReg@ AbilityOne.gov. SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 USC 8503 (a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed action. mstockstill on DSK4VPTVN1PROD with NOTICES Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed Addition to the Procurement List. AGENCY: The Committee is proposing to add a product to the Procurement List SUMMARY: VerDate Mar<15>2010 17:08 Jan 03, 2014 Jkt 232001 Effective Date: 2/6/2014. Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 10800, Arlington, Virginia, 22202–4149. FOR FURTHER INFORMATION CONTACT: Barry S. Lineback, Telephone: (703) 603–7740, Fax: (703) 603–0655, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: DATES: ADDRESSES: Additions Addition If the Committee approves the proposed addition, the entities of the Federal Government identified in this notice will be required to procure the product listed below from the nonprofit agency employing persons who are blind or have other severe disabilities. The following product is proposed for addition to the Procurement List for production by the nonprofit agency listed: Product: Regulatory Flexibility Act Certification CD–R Silver w/Jewel Case, 10pk NSN: 7045–01–482–7540. NPA: North Central Sight Services, Inc., Williamsport, PA. Contracting Activity: DEFENSE LOGISTICS AGENCY TROOP SUPPORT, PHILADELPHIA, PA. Coverage: B-List for the Broad Government Requirement as aggregated by Defense Logistics Agency Troop Support, Philadelphia, PA. I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were: 1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will furnish the products to the Government. 2. The action will result in authorizing small entities to furnish the products to the Government. 3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in connection with the products proposed for addition to the Procurement List. Barry S. Lineback, Director, Business Operations. [FR Doc. 2013–31529 Filed 1–3–14; 8:45 am] BILLING CODE 6353–01–P BILLING CODE 3510–16–P Procurement List; Proposed Addition employing persons who are blind or have other severe disabilities, and deletes services from the Procurement List previously provided by such agencies. On 11/8/2013 (78 FR 67129–67130) and 11/15/2013 (78 FR 68823–68824), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed additions to the Procurement List. After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the products and impact of the additions on the current or most recent contractors, the Committee has determined that the products listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501–8506 and 41 CFR 51–2.4. [FR Doc. 2013–31492 Filed 1–3–14; 8:45 am] COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED 645 COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED End of Certification Procurement List; Additions And Deletions Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Additions to and Deletions from the Procurement List. AGENCY: SUMMARY: This action adds products to the Procurement List that will be furnished by nonprofit agencies PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 Accordingly, the following products are added to the Procurement List: Products: Pen, Roller Ball, Liquid Ink, Retractable, Needle Point, Airplane Safe NSN: 7520–00–NIB–1932—0.5 mm, Refillable, Black NSN: 7520–00–NIB–1933—0.5 mm, Refillable, Blue NSN: 7520–00–NIB–1934—0.7 mm, E:\FR\FM\06JAN1.SGM 06JAN1

Agencies

[Federal Register Volume 79, Number 3 (Monday, January 6, 2014)]
[Notices]
[Pages 644-645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31492]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No.: PTO-P-2013-0064]


Request for Comments Regarding Prior Art Resources for Use in the 
Examination of Software-Related Patent Applications

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for comments.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO) has 
formed a partnership with the software community to enhance the quality 
of software-related patents (Software Partnership). The Software 
Partnership is an opportunity to bring stakeholders together through a 
series of roundtable discussions to share ideas, feedback, experiences, 
and insights on software-related patents. On December 5, 2013, as part 
of the Software Partnership, the USPTO hosted a roundtable discussion 
on the USPTO's prior art searching techniques and tools. At the 
roundtable, the USPTO spoke on the prior art resources currently 
utilized by examiners and listened to external speakers and the public 
on additional prior art resources and improved search techniques. In 
order to receive further feedback from stakeholders, the USPTO is 
requesting comments on the questions regarding prior art resources and 
search techniques set forth below.

DATES: Comment Deadline: To be ensured of consideration, written 
comments must be received on or before March 14, 2014. No public 
hearing will be held.
    Addresses for Comments: Written comments should be sent by 
electronic mail addressed to SoftwareRoundtable2013@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 Seema Rao, Director, Technology Center 
2100. Although comments may be submitted by mail, the USPTO prefers to 
receive comments via the Internet.
    The comments will be available for public inspection at the Office 
of the Commissioner for Patents, located in Madison East, Tenth Floor, 
600 Dulany Street, Alexandria, Virginia, and will be available via the 
USPTO Internet Web site at https://www.uspto.gov. Because comments will 
be available for public inspection, information that is not desired to 
be made public, such as an address or phone number, should not be 
included in the comments. Parties who would like to rely on 
confidential information to illustrate a point are requested to 
summarize or otherwise submit the information in a way that will permit 
its public disclosure.

FOR FURTHER INFORMATION CONTACT: Seema Rao, Director, Technology Center 
2100, by telephone at 571-272-0800, or by electronic mail message at 
seema.rao@uspto.gov.

SUPPLEMENTARY INFORMATION: The USPTO conducted a Software Partnership 
meeting on December 5, 2013, in Alexandria, Virginia, focused on the 
topic of prior art resources for use during the examination of 
software-related applications. The meeting featured both internal and 
external stakeholders' presentations, along with an open discussion 
session aimed to collect input on how the agency can enhance prior art 
searching through the use of search strategies, tools, and databases. 
Details of the meeting along with all presentation materials can be

[[Page 645]]

found on the Prior Art Search micro-site available at https://www.uspto.gov/patents/init_events/prior_art_search.jsp.
    Currently, the Office has access to a variety of internal and 
external resources for searching and accessing prior art. Internally, 
the Office utilizes the Examiner's Automated Search Tool (EAST), Web 
Examiner Search Tool (WEST), and a variety of vendor databases to 
provide examiners with access to U.S. and foreign patents and patent 
application publications using both classification and textual 
searching. Externally, the Scientific and Technical Information Center 
(STIC) provides examiners with access to non-patent literature in 
several art-specific print collections and electronic resources 
totaling over 500 databases, 59,000 electronic journals and 175,000 e-
books. A listing of the Office's prior art resources may be found at 
https://www.uspto.gov/patents/resources/priorart.jsp.
    As a follow-up to the Prior Art Software Partnership Meeting, the 
Office is asking stakeholders for further ideas to improve the quality 
and efficiency of searching software-related inventions. In particular, 
the Office seeks comments on the following questions:
    1. What specific databases, Web sites, tools and other resources do 
you find useful in searching for software-related inventions? Please 
indicate strengths and limitations of each resource.
    2. What are your concerns regarding the manner in which USPTO 
examiners formulate and implement search strategies to identify prior 
art for software related inventions? How should these concerns be 
addressed?

    Date: December 30, 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. 2013-31492 Filed 1-3-14; 8:45 am]
BILLING CODE 3510-16-P
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