Proposed Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board; Reopening of Period for Comments, 67680 [2015-28108]
Download as PDF
67680
Federal Register / Vol. 80, No. 212 / Tuesday, November 3, 2015 / Proposed Rules
that, from 7:30 a.m. to 9 a.m. and 4:30
p.m. to 6 p.m., Monday through Friday,
except Federal holidays, the draw need
not open. Public vessels of the United
States, tugs with tows, and vessels in
distress shall be passed at any time.
Dated: October 22, 2015.
S.A. Buschman,
Rear Admiral, U.S. Coast Guard, Commander,
Seventh Coast Guard District.
[FR Doc. 2015–27999 Filed 11–2–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42
[Docket No.: PTO–P–2015–0053]
RIN 0651–AD01
Proposed Amendments to the Rules of
Practice for Trials Before the Patent
Trial and Appeal Board; Reopening of
Period for Comments
United States Patent and
Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking;
reopening of comment period.
AGENCY:
The Leahy-Smith America
Invents Act (AIA) provided for new
administrative trial proceedings before
the Patent Trial and Appeal Board
(Board). The United States Patent and
Trademark Office (USPTO) issued a
number of final rules and a trial practice
guide in August and September of 2012
to implement the new administrative
trial provisions of the AIA. The USPTO
published a request for comments in the
Federal Register on June 27, 2014,
seeking public comment on all aspects
of the new administrative trial
proceedings, including the
administrative trial proceeding rules
and trial practice guide. In response to
comments received by the public, the
USPTO issued a first, final rule, which
was published on May 19, 2015. That
final rule addressed issues concerning
the patent owner’s motion to amend and
the petitioner’s reply brief that involved
ministerial changes. The USPTO issued
a second, proposed rule that addresses
more involved proposed changes to the
rules concerning the claim construction
standard for AIA trials, new testimonial
evidence submitted with a patent
owner’s preliminary response, Rule 11type certification, and word count for
major briefing. The USPTO is now
extending the period for public
comment on the second, proposed rule
until November 18, 2015.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
17:11 Nov 02, 2015
Jkt 238001
Written comments on the
proposed rule published August 20,
2015 (80 FR 50720) must be received on
or before November 18, 2015.
ADDRESSES: Comments must be sent by
electronic mail message over the
Internet addressed to: Trialrules2015@
uspto.gov.
Electronic comments submitted in
plain text are preferred, but also may be
submitted in ADOBE® portable
document format or MICROSOFT
WORD® format. Comments not
submitted electronically should be
submitted on paper in a format that
facilitates convenient digital scanning
into ADOBE® portable document
format. The comments will be available
for viewing via the USPTO’s Internet
Web site (http://www.uspto.gov).
Because comments will be made
available for public inspection,
information that the submitter does not
desire to make public, such as an
address or phone number, should not be
included in the comments.
FOR FURTHER INFORMATION CONTACT:
Susan L. C. Mitchell, Lead
Administrative Patent Judge by
telephone at (571) 272–9797.
SUPPLEMENTARY INFORMATION: Sections
3, 6, and 18 of the AIA provided for the
following new Board administrative
trial proceedings: (1) Inter partes
review; (2) post-grant review; (3)
covered business method patents
review; and (4) derivation proceedings.
Public Law 112–29, 125 Stat. 284
(2011). The USPTO issued a number of
final rules and a trial practice guide in
August and September of 2012 to
implement the new administrative trial
provisions of the AIA. See Rules of
Practice for Trials Before the Patent
Trial and Appeal Board and Judicial
Review of Patent Trial and Appeal
Board Decisions, 77 FR 48612 (Aug. 14,
2012) (final rule); Changes to Implement
Inter Partes Review Proceedings, PostGrant Review Proceedings, and
Transitional Program for Covered
Business Method Patents, 77 FR 48680
(Aug. 14, 2012) (final rule); Transitional
Program for Covered Business Method
Patents—Definitions of Covered
Business Method Patent and
Technological Invention, 77 FR 48734
(Aug. 14, 2012) (final rule); Changes to
Implement Derivation Proceedings, 77
FR 56068 (Sept. 11, 2012) (final rule);
and Office Patent Trial Practice Guide,
77 FR 48756 (Aug. 14, 2012).
In issuing the administrative trial
proceeding rules and trial practice
guide, the USPTO committed to
revisiting the rules and practice guide
once the Board and public had operated
under the rules and practice guide for
DATES:
PO 00000
Frm 00009
Fmt 4702
Sfmt 9990
some period and had gained experience
with the new administrative trial
proceedings. The USPTO began the
process of revisiting the AIA
administrative trial proceeding rules
and trial practice guide by engaging in
a nation-wide listening tour. The
USPTO conducted a series of
roundtables in April and May of 2014,
held in Alexandria, New York City,
Chicago, Detroit, Silicon Valley, Seattle,
Dallas, and Denver, to share information
concerning the AIA administrative trial
proceedings with the public and obtain
public feedback on these proceedings.
The USPTO also published a request for
comments in the Federal Register on
June 27, 2014, seeking public comment
on all aspects of the new administrative
trial proceedings, including the
administrative trial proceeding rules
and trial practice guide. See Request for
Comments on Trial Proceedings Under
the America Invents Act Before the
Patent Trial and Appeal Board, 79 FR
36474–77 (June 27, 2014). In response to
comments received, the USPTO issued
two rule packages: (1) A first, final rule
package that addressed issues
concerning the patent owner’s motion to
amend and the petitioner’s reply brief
that involved ministerial changes, see
Amendments to the Rules of Practice for
Trial Before the Patent Trial and Appeal
Board, 80 FR 28561–66 (May 19, 2015),
and (2) a second, proposed rule that
addresses more involved proposed
changes to the rules concerning the
claim construction standard for AIA
trials, new testimonial evidence
submitted with a patent owner’s
preliminary response, Rule 11-type
certification, and word count for major
briefing, see Amendments to the Rules
of Practice for Trials Before the Patent
Trial and Appeal Board, 80 FR 50720–
47 (Aug. 20, 2015). The notice of
proposed rulemaking for the second,
proposed rule indicated that written
comments must be received on or before
October 19, 2015. See id at 50720. In
view of stakeholder requests for
additional time to submit comments on
the new administrative trial
proceedings, the USPTO is now
extending the period for public
comment until November 18, 2015.
Dated: October 26, 2015.
Michelle K. Lee,
Under Secretaray of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office.
[FR Doc. 2015–28108 Filed 11–2–15; 8:45 am]
BILLING CODE 3510–16–M
E:\FR\FM\03NOP1.SGM
03NOP1
Agencies
[Federal Register Volume 80, Number 212 (Tuesday, November 3, 2015)]
[Proposed Rules]
[Page 67680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28108]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 42
[Docket No.: PTO-P-2015-0053]
RIN 0651-AD01
Proposed Amendments to the Rules of Practice for Trials Before
the Patent Trial and Appeal Board; Reopening of Period for Comments
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking; reopening of comment period.
-----------------------------------------------------------------------
SUMMARY: The Leahy-Smith America Invents Act (AIA) provided for new
administrative trial proceedings before the Patent Trial and Appeal
Board (Board). The United States Patent and Trademark Office (USPTO)
issued a number of final rules and a trial practice guide in August and
September of 2012 to implement the new administrative trial provisions
of the AIA. The USPTO published a request for comments in the Federal
Register on June 27, 2014, seeking public comment on all aspects of the
new administrative trial proceedings, including the administrative
trial proceeding rules and trial practice guide. In response to
comments received by the public, the USPTO issued a first, final rule,
which was published on May 19, 2015. That final rule addressed issues
concerning the patent owner's motion to amend and the petitioner's
reply brief that involved ministerial changes. The USPTO issued a
second, proposed rule that addresses more involved proposed changes to
the rules concerning the claim construction standard for AIA trials,
new testimonial evidence submitted with a patent owner's preliminary
response, Rule 11-type certification, and word count for major
briefing. The USPTO is now extending the period for public comment on
the second, proposed rule until November 18, 2015.
DATES: Written comments on the proposed rule published August 20, 2015
(80 FR 50720) must be received on or before November 18, 2015.
ADDRESSES: Comments must be sent by electronic mail message over the
Internet addressed to: Trialrules2015@uspto.gov.
Electronic comments submitted in plain text are preferred, but also
may be submitted in ADOBE[supreg] portable document format or MICROSOFT
WORD[supreg] format. Comments not submitted electronically should be
submitted on paper in a format that facilitates convenient digital
scanning into ADOBE[supreg] portable document format. The comments will
be available for viewing via the USPTO's Internet Web site (http://www.uspto.gov). Because comments will be made available for public
inspection, information that the submitter does not desire to make
public, such as an address or phone number, should not be included in
the comments.
FOR FURTHER INFORMATION CONTACT: Susan L. C. Mitchell, Lead
Administrative Patent Judge by telephone at (571) 272-9797.
SUPPLEMENTARY INFORMATION: Sections 3, 6, and 18 of the AIA provided
for the following new Board administrative trial proceedings: (1) Inter
partes review; (2) post-grant review; (3) covered business method
patents review; and (4) derivation proceedings. Public Law 112-29, 125
Stat. 284 (2011). The USPTO issued a number of final rules and a trial
practice guide in August and September of 2012 to implement the new
administrative trial provisions of the AIA. See Rules of Practice for
Trials Before the Patent Trial and Appeal Board and Judicial Review of
Patent Trial and Appeal Board Decisions, 77 FR 48612 (Aug. 14, 2012)
(final rule); Changes to Implement Inter Partes Review Proceedings,
Post-Grant Review Proceedings, and Transitional Program for Covered
Business Method Patents, 77 FR 48680 (Aug. 14, 2012) (final rule);
Transitional Program for Covered Business Method Patents--Definitions
of Covered Business Method Patent and Technological Invention, 77 FR
48734 (Aug. 14, 2012) (final rule); Changes to Implement Derivation
Proceedings, 77 FR 56068 (Sept. 11, 2012) (final rule); and Office
Patent Trial Practice Guide, 77 FR 48756 (Aug. 14, 2012).
In issuing the administrative trial proceeding rules and trial
practice guide, the USPTO committed to revisiting the rules and
practice guide once the Board and public had operated under the rules
and practice guide for some period and had gained experience with the
new administrative trial proceedings. The USPTO began the process of
revisiting the AIA administrative trial proceeding rules and trial
practice guide by engaging in a nation-wide listening tour. The USPTO
conducted a series of roundtables in April and May of 2014, held in
Alexandria, New York City, Chicago, Detroit, Silicon Valley, Seattle,
Dallas, and Denver, to share information concerning the AIA
administrative trial proceedings with the public and obtain public
feedback on these proceedings. The USPTO also published a request for
comments in the Federal Register on June 27, 2014, seeking public
comment on all aspects of the new administrative trial proceedings,
including the administrative trial proceeding rules and trial practice
guide. See Request for Comments on Trial Proceedings Under the America
Invents Act Before the Patent Trial and Appeal Board, 79 FR 36474-77
(June 27, 2014). In response to comments received, the USPTO issued two
rule packages: (1) A first, final rule package that addressed issues
concerning the patent owner's motion to amend and the petitioner's
reply brief that involved ministerial changes, see Amendments to the
Rules of Practice for Trial Before the Patent Trial and Appeal Board,
80 FR 28561-66 (May 19, 2015), and (2) a second, proposed rule that
addresses more involved proposed changes to the rules concerning the
claim construction standard for AIA trials, new testimonial evidence
submitted with a patent owner's preliminary response, Rule 11-type
certification, and word count for major briefing, see Amendments to the
Rules of Practice for Trials Before the Patent Trial and Appeal Board,
80 FR 50720-47 (Aug. 20, 2015). The notice of proposed rulemaking for
the second, proposed rule indicated that written comments must be
received on or before October 19, 2015. See id at 50720. In view of
stakeholder requests for additional time to submit comments on the new
administrative trial proceedings, the USPTO is now extending the period
for public comment until November 18, 2015.
Dated: October 26, 2015.
Michelle K. Lee,
Under Secretaray of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2015-28108 Filed 11-2-15; 8:45 am]
BILLING CODE 3510-16-M