Patent and Trademark Office – Federal Register Recent Federal Regulation Documents

Setting and Adjusting Patent Fees During Fiscal Year 2020
Document Number: 2023-06289
Type: Rule
Date: 2023-03-27
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) published a final rule in the Federal Register on August 3, 2020, that includes a fee for patent applications that are not filed in the DOCX format, except for design, plant, or provisional applications. The effective date of this new fee was most recently delayed in a final rule published in the Federal Register on December 29, 2022 and was scheduled to become effective on April 3, 2023. Through this final rule, the USPTO is delaying the effective date of this fee until June 30, 2023.
Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022
Document Number: 2023-05382
Type: Rule
Date: 2023-03-22
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) amends patent fees for small and micro entities set forth in its regulations to implement the provisions of the Consolidated Appropriations Act, 2023which included the Unleashing American Innovators Act of 2022 (UAIA). The UAIA, signed into law on December 29, 2022, supports the USPTO's efforts to reduce the innovation ecosystem's barriers to entry. The UAIA increased fee discounts for small entities from 50% to 60% and fee discounts for micro entities from 75% to 80% for fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. The UAIA also increased fee discounts for small entities from 75% to 80% for filing a basic nonprovisional utility application electronically.
First-Time Filer Expedited Examination Pilot Program
Document Number: 2023-04695
Type: Notice
Date: 2023-03-09
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) and its Council for Inclusive Innovation (CI\2\) are developing strategies to create a more equitable and diverse innovation ecosystem. As one strategy, the USPTO is implementing the First-Time Filer Expedited Examination Pilot Program, designed to increase accessibility to the patent system for inventors who are new to the patent application process, including those in historically underserved geographic and economic areas. The program expedites the first Office action for program participants. Expediting the first Office action reduces time-based barriers for inventors who may otherwise be unable to participate in the patent system, thereby advancing opportunity in the innovation ecosystem. The program requires participants to be reasonably trained in the patent application process so they can engage effectively with the Office and maximize the benefit of expedited examination. The pilot program website identifies a collection of free training resources for anyone interested in learning more about the patent application filing process. This notice outlines the conditions, eligibility requirements, and guidelines of the program.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Native American Tribal Insignia Database
Document Number: 2023-04759
Type: Notice
Date: 2023-03-08
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0048 Native American Tribal Insignia Database. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Manual of Patent Examining Procedure, Ninth Edition, Revision of July 2022
Document Number: 2023-04345
Type: Notice
Date: 2023-03-03
Agency: Department of Commerce, Patent and Trademark Office
To provide updates to patent examination policy and procedures in a single source, which will improve access to essential guidance for all stakeholders and help to ensure issuance of robust and reliable patents that promote and protect innovation, the United States Patent and Trademark Office (USPTO or Office) issued a revision of the Ninth Edition of the Manual of Patent Examining Procedure (MPEP), published in February 2023 (July 2022 revision). The MPEP provides patent examiners and the public with a reference work on the practices and procedures relative to the prosecution of patent applications and other proceedings before the USPTO. The MPEP contains instructions to examiners, as well as other material in the nature of information and interpretation, and outlines the current procedures that examiners are required or authorized to follow in the normal examination of patent applications and during other Office proceedings.
Establishing Permanent Electronic Filing for Patent Term Extension Applications
Document Number: 2023-04162
Type: Rule
Date: 2023-03-02
Agency: Department of Commerce, Patent and Trademark Office
To further advance the United States Patent and Trademark Office's (USPTO or Office) information technology strategy of achieving complete beginning-to-end electronic processing of patent-related submissions, the USPTO is revising the Rules of Practice in Patent Cases to require that patent term extension (PTE) applications, interim PTE applications, and any related submissions to the USPTO be submitted electronically via the USPTO patent electronic filing system (Patent Center or EFS-Web). The rule changes reduce the administrative burden on PTE applicants and improve administrative efficiency by facilitating electronic file management, optimizing workflow processes, and reducing processing errors.
USPTO Officially Transitions to Issuing Electronic Patent Grants in 2023
Document Number: 2023-03809
Type: Rule
Date: 2023-02-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is implementing electronic patent issuance to reduce pendency of patent applications, foster a green economy by reducing paper waste, and permit complete issued patents to be viewable and printable by both the applicants as well as the public immediately upon issuance in Patent Center, the USPTO's electronic patent application filing and management system. Patent grants will no longer be issued on paper, and as a result, they will no longer be mailed to the correspondence address of record as part of the patent issuance process. During a transition period, the USPTO will provide a paper copy of the electronic patent grant as a courtesy ceremonial copy, delivered to the patentee's correspondence address of record. After the transition period, a selection of patent grant copies, including the ceremonial copy, will be available for purchase at a nominal charge. The electronic patent grant will be the official statutory patent grant.
National Medal of Technology and Innovation Nomination Evaluation Committee Meeting
Document Number: 2023-03957
Type: Notice
Date: 2023-02-24
Agency: Department of Commerce, Patent and Trademark Office
The National Medal of Technology and Innovation (NMTI or Medal) is the nation's highest honor for technological achievement, bestowed by the president of the United States on America's leading innovators. The Medal is awarded to individuals, teams (up to four individuals), companies or divisions of companies for their outstanding contributions to America's economic, environmental and social well- being. The NMTI Nomination Evaluation Committee will meet in a closed session on March 13, 2023. The primary purpose of the meeting is to discuss the relative merits of the people, teams, and companies nominated for the NMTI.
Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights
Document Number: 2023-03119
Type: Notice
Date: 2023-02-14
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is extending the comment period for the notice titled ``Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights'' that was published in the Federal Register on October 4, 2022. The notice's comment period was previously extended until February 1, 2023. The comment period is now extended a second time; this will be the last extension of the comment period.
Sixth Extension of the Modified COVID-19 Prioritized Examination Pilot Program for Patent Applications
Document Number: 2023-03216
Type: Notice
Date: 2023-02-14
Agency: Department of Commerce, Patent and Trademark Office
To continue to support the acceleration of innovations in the fight against COVID-19 during the public health emergency, the United States Patent and Trademark Office (USPTO or Office) is extending the modified COVID-19 Prioritized Examination Pilot Program, which provides prioritized examination of certain patent applications. Requests that are compliant with the pilot program's requirements and are filed on or before May 11, 2023, will be accepted.
Request for Comments Regarding Artificial Intelligence and Inventorship
Document Number: 2023-03066
Type: Notice
Date: 2023-02-14
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) plays an important role in incentivizing and protecting innovation, including innovation enabled by artificial intelligence (AI), to ensure continued U.S. leadership in AI and other emerging technologies (ET). In June 2022, the USPTO announced the formation of the AI/ET Partnership, which provides an opportunity to bring stakeholders together through a series of engagements to share ideas, feedback, experiences, and insights on the intersection of intellectual property and AI/ET. To build on the AI/ET Partnership efforts, the USPTO is seeking stakeholder input on the current state of AI technologies and inventorship issues that may arise in view of the advancement of such technologies, especially as AI plays a greater role in the innovation process. As outlined in sections II to IV below, the USPTO is pursuing three main avenues of engagement with stakeholders to inform its future efforts on inventorship and promoting AI-enabled innovation: a series of stakeholder engagement sessions; collaboration with academia through scholarly research; and a request for written comments to the questions identified in section IV. The USPTO encourages stakeholder engagement through one or more of these avenues.
Public Meeting on Innovation Driven by Artificial Intelligence
Document Number: 2023-01645
Type: Notice
Date: 2023-01-26
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) plays an important role in incentivizing and protecting innovation, including innovation driven by artificial intelligence (AI), to ensure continued U.S. leadership in AI and other emerging technologies (ET). The USPTO's Texas Regional Office will host a public meeting on innovation driven by AI on February 8, 2023, at 11 a.m. CT. The meeting will be held in collaboration with the Dallas Bar Association (DBA) Intellectual Property (IP) section and the State Bar of Texas IP section. This will be the third meeting in the USPTO's AI/ET Partnership Series. First announced in June 2022, the AI/ET Partnership provides an opportunity to bring stakeholders together through a series of engagements to share ideas, feedback, experiences, and insights on the intersection of IP and AI/ET.
Final Rule Eliminating Continuing Legal Education Certification and Recognition for Patent Practitioners
Document Number: 2023-01552
Type: Rule
Date: 2023-01-26
Agency: Department of Commerce, Patent and Trademark Office
This final rule adopts, without change, an interim final rule with a request for comments published in the Federal Register on November 14, 2022, that eliminated provisions of the Code of Federal Regulations related to voluntary continuing legal education (CLE) certification and recognition for registered patent practitioners and individuals granted limited recognition to practice in patent matters before the United States Patent and Trademark Office (USPTO or Office).
Expanding Opportunities To Appear Before the Patent Trial and Appeal Board
Document Number: 2023-00947
Type: Notice
Date: 2023-01-19
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) published a request for comments in the Federal Register on October 18, 2022, seeking comments from the public on the requirements to practice before the Patent Trial and Appeal Board (PTAB). Through this notice, the Office is extending the period for written public comments until January 31, 2023.
Expanding Admission Criteria for Registration To Practice in Patent Cases Before the United States Patent and Trademark Office
Document Number: 2023-00945
Type: Notice
Date: 2023-01-19
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) published a request for comments in the Federal Register on October 18, 2022, seeking comments from the public on the scientific and technical requirements to practice in patent matters before the USPTO. Through this notice, the Office is extending the period for written public comments until January 31, 2023.
Extension of, and New Combined Petition Option for Participation in, the Expanded Collaborative Search Pilot Program
Document Number: 2023-00799
Type: Notice
Date: 2023-01-18
Agency: Department of Commerce, Patent and Trademark Office
To speed up patent examination and give applicants more comprehensive prior art by combining the search expertise of United States Patent and Trademark Office (USPTO), Japan Patent Office (JPO), and Korean Intellectual Property Office (KIPO) examiners before issuing a first Office action, the USPTO, in partnership with the JPO and the KIPO, is extending the Expanded Collaborative Search Pilot (CSP) program for an additional two years, through October 31, 2024. Requests to participate in the Expanded CSP program that were filed between October 31, 2022, and January 18, 2023, will be considered. In addition, the partner intellectual property (IP) offices have collaborated on a new petition option for participation in the Expanded CSP program. The new petition option, which has several enhancements compared to the current petition form and process, permits an applicant to file a combined petition in either the USPTO or one of the partner IP offices rather than separate petitions in each office. Enhancements include a more user-friendly layout, the addition of multilingual text, and a foundation for data collection that both satisfies the petition requirements and streamlines the process for partaking in the Expanded CSP program.
Fifth Extension of the Modified COVID-19 Prioritized Examination Pilot Program for Patent Applications
Document Number: 2022-27795
Type: Notice
Date: 2022-12-22
Agency: Department of Commerce, Patent and Trademark Office
To continue to support the acceleration of innovations in the fight against COVID-19 during the public health emergency, the United States Patent and Trademark Office (USPTO or Office) is extending the modified COVID-19 Prioritized Examination Pilot Program, which provides prioritized examination of certain patent applications. Requests that are compliant with the pilot program's requirements and are filed on or before February 15, 2023, will be accepted. The USPTO will evaluate whether to further extend the program during this extension period.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Law School Clinic Certification Program
Document Number: 2022-27677
Type: Notice
Date: 2022-12-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0081 Law School Clinic Certification Program. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Study on Non-Fungible Tokens and Related Intellectual Property Law Issues
Document Number: 2022-27694
Type: Notice
Date: 2022-12-21
Agency: Department of Commerce, Patent and Trademark Office, Library of Congress, Agencies and Commissions, Copyright Office
The United States Patent and Trademark Office (USPTO) and United States Copyright Office (USCO) (collectively, the Offices) published a request for comments in the Federal Register on November 23, 2022, seeking comments from the public on various intellectual property (IP) law and policy issues associated with non-fungible tokens (NFTs). Through this notice, the Offices are extending the period for written public comment until February 3, 2023. In addition, the Offices are changing the dates of the public roundtables in this study.
Extension of Period To Allow Submission of a PDF With a Patent Application Filed in DOCX Format
Document Number: 2022-27366
Type: Notice
Date: 2022-12-20
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is continuing to modernize and streamline its patent application systems to support robust and reliable patent rights, speed the issuance of patents, and reduce the costs and barriers of global patent protection. The submission of patent applications in DOCX format facilitates the USPTO's ongoing efforts. The USPTO recognizes that, during the transition, some applicants have been hesitant to file patent applications in DOCX format. On April 28, 2022, the USPTO announced that, for a temporary period, ending on December 31, 2022, it was providing patent applicants with the option to submit an applicant- generated PDF version of the application along with the DOCX file(s) when filing an application in Patent Center. Based on stakeholder requests, the USPTO is extending the temporary period during which patent applicants have the option to submit an applicant-generated PDF of the application along with the validated DOCX file(s) when filing an application in Patent Center through June 30, 2023. To encourage greater adoption of DOCX so that the USPTO can move forward with its other modernization and harmonization efforts, there is no change to the January 1, 2023, effective date of the non-DOCX filing surcharge fee.
Cancer Moonshot Expedited Examination Pilot Program
Document Number: 2022-26776
Type: Notice
Date: 2022-12-09
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is implementing the Cancer Moonshot Expedited Examination Pilot Program to replace the Cancer Immunotherapy Pilot Program, which expedited examination for eligible patent applications pertaining to methods of treating a cancer using immunotherapy. The new pilot program broadens the scope of qualifying technologies. Applications accepted into the new pilot program will be advanced out of turn (accorded special status) for examination until a first Office action. The new pilot program supports the renewed national Cancer Moonshot initiative that aims to reduce the cancer mortality rate by at least 50% within 25 years. This notice outlines the conditions, eligibility requirements, and guidelines of the new pilot program.
Study on Non-Fungible Tokens and Related Intellectual Property Law Issues
Document Number: 2022-25211
Type: Notice
Date: 2022-11-23
Agency: Department of Commerce, Patent and Trademark Office, Library of Congress, Agencies and Commissions, United States Copyright Office
The United States Patent and Trademark Office (USPTO) and the United States Copyright Office (USCO) (collectively, the Offices) are conducting a joint study regarding issues of intellectual property (IP) law and policy associated with non-fungible tokens (NFTs). The Offices seek public comments on these matters to assist in their work on IP policy related to NFTs and in conducting the study. In addition, the Offices are announcing a series of three public roundtables to allow them to gather further input.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Term Extension and Adjustment
Document Number: 2022-25314
Type: Notice
Date: 2022-11-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0020 Patent Term Extension and Adjustment. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Standardization of the Patent Term Adjustment Statement Regarding Information Disclosure Statements
Document Number: 2022-25156
Type: Proposed Rule
Date: 2022-11-18
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is reopening the comment period for the proposed rule titled ``Standardization of the Patent Term Adjustment Statement Regarding Information Disclosure Statements'' that was published in the Federal Register on July 12, 2022. The proposed rule's comment period, which ended on September 12, 2022, is extended until December 2, 2022. In addition, the USPTO will treat as timely any comment that was received between September 12, 2022, and November 18, 2022.
Date of Receipt of Electronic Submissions of Patent Correspondence
Document Number: 2022-24335
Type: Rule
Date: 2022-11-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is amending the patent rules of practice to provide that the receipt date of correspondence officially submitted electronically by way of the USPTO patent electronic filing system is the date in the Eastern time zone of the United States (Eastern Time) when the USPTO received the correspondence rather than the date on which the correspondence is received at the correspondence address in Alexandria, Virginia. This change is necessary because the USPTO is expecting to provide servers for receiving electronic submissions in locations that are separate from the USPTO headquarters in Alexandria, Virginia. This change will ensure consistency and predictability with respect to correspondence receipt dates, as the date of receipt accorded to correspondence submitted electronically will not depend on the location of USPTO servers. The USPTO is also amending the patent rules of practice to make other clarifying changes regarding the receipt of electronic submissions, including providing a definition for Eastern Time. These changes harmonize the patent rules with the trademark rules and provide clarity regarding the date of receipt of electronic submissions.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Law Treaty
Document Number: 2022-25000
Type: Notice
Date: 2022-11-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0073 Patent Law Treaty. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Eliminating Continuing Legal Education Certification and Recognition for Patent Practitioners
Document Number: 2022-24676
Type: Rule
Date: 2022-11-14
Agency: Department of Commerce, Patent and Trademark Office
The U.S. Patent and Trademark Office (USPTO or Office) amends the rules of practice in patent cases and the rules regarding the representation of others before the USPTO to eliminate provisions regarding voluntary continuing legal education (CLE) certification for registered patent practitioners and individuals granted limited recognition to practice in patent matters before the USPTO. After rules were published on August 3, 2020, providing that registered patent practitioners and persons granted limited recognition to practice in patent matters before the USPTO would be permitted to voluntarily certify completion of CLE to the Director of the Office of Enrollment and Discipline (OED Director) and that the OED Director could publish whether such persons had voluntarily certified, the USPTO indefinitely delayed implementation of the voluntary CLE certification. After receiving and considering stakeholder feedback on the certification process and possible details regarding implementation, the USPTO has determined that it will not implement the voluntary CLE certification program at this time.
Joint USPTO-FDA Collaboration Initiatives; Notice of Public Listening Session and Request for Comments
Document Number: 2022-24107
Type: Notice
Date: 2022-11-07
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), Department of Commerce, in collaboration with the United States Food and Drug Administration (FDA), Department of Health and Human Services, is announcing a public listening session on January 19, 2023, titled ``Listening Session on Joint USPTO-FDA Collaboration Initiatives.'' The purpose of the listening session is to seek public comments on proposed initiatives for collaboration between the agencies to advance President Biden's Executive Order on ``Promoting Competition in the American Economy'' and to promote greater access to medicines for American families. To assist in gathering public input, the USPTO and the FDA are announcing the establishment of a docket to track feedback received through this notice and a request for comments on these collaborative efforts.
Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights
Document Number: 2022-23879
Type: Notice
Date: 2022-11-03
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is extending the comment period for the notice titled ``Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights'' that was published in the Federal Register on October 4, 2022. The notice's comment period is extended until February 1, 2023. This will be the only extension of the comment period.
Expanding Opportunities To Appear Before the Patent Trial and Appeal Board
Document Number: 2022-22572
Type: Notice
Date: 2022-10-18
Agency: Department of Commerce, Patent and Trademark Office
In this request for comments, the United States Patent and Trademark Office (USPTO or Office) seeks public input on the requirements to practice before the Patent Trial and Appeal Board (PTAB or Board). The Office seeks to ensure quality representation in PTAB proceedings under the Leahy-Smith America Invents Act (AIA) without creating undue restrictions or barriers to entry for practitioners wishing to appear before the PTAB. The Office's goal is to expand the admission criteria to practice before the PTAB so more Americans, including those from traditionally under-represented and under-resourced communities, can participate in Office practice, while maintaining the Office's high standards necessary for the issuance and maintenance of robust and reliable intellectual property rights.
Expanding Admission Criteria for Registration To Practice in Patent Cases Before the United States Patent and Trademark Office
Document Number: 2022-22569
Type: Notice
Date: 2022-10-18
Agency: Department of Commerce, Patent and Trademark Office
This request for comments seeks public input on the scientific and technical requirements to practice in patent matters before the United States Patent and Trademark Office (USPTO or Office). Specifically, the Office seeks input on whether it should revise the scientific and technical criteria for admission to practice in patent matters to require the USPTO to periodically review certain applicant degrees on a predetermined timeframe, and make certain modifications to the accreditation requirement for computer science degrees. This request for comments also seeks input on whether the creation of a separate design patent practitioner bar would be beneficial to the public and the Office, whether to add clarifying instructions to the General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases before the United States Patent and Trademark Office (GRB) for limited recognition applicants, and whether the Office should make any additional updates to the scientific and technical requirements for admission to practice in patent matters. The USPTO is undertaking this effort as part of its continual review of the admission criteria for sitting for the registration examination.
Changes To Implement Provisions of the Trademark Modernization Act of 2020; Delay of Effective Date and Correction
Document Number: 2022-22217
Type: Rule
Date: 2022-10-13
Agency: Department of Commerce, Patent and Trademark Office
On November 17, 2021, the United States Patent and Trademark Office (USPTO or Office) published in the Federal Register a final rule amending its regulations to implement provisions of the Trademark Modernization Act of 2020 (TMA). This action changes the effective date for the regulations published in the November 17, 2021, final rule that established new Office action response periods and set fees for requests to extend Office action response deadlines. This action resets the effective date for responses and extensions from December 1, 2022, to December 3, 2022, in the examination of applications, and from December 1, 2022, to October 7, 2023, in the examination of post- registration filings.
International Trademark Classification Changes
Document Number: 2022-22065
Type: Rule
Date: 2022-10-11
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) issues this final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement). These changes are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), which is published by the World Intellectual Property Organization (WIPO), and will become effective on January 1, 2023.
Request for Comments on USPTO Initiatives To Ensure the Robustness and Reliability of Patent Rights
Document Number: 2022-21481
Type: Notice
Date: 2022-10-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) seeks initial public comments on proposed initiatives directed at bolstering the robustness and reliability of patents to incentivize and protect new and nonobvious inventions while facilitating the broader dissemination of public knowledge to promote innovation and competition. This request for comments (RFC) addresses a variety of topics, including prior art searching, support for claimed subject matter, request for continued examination (RCE) practice, and restriction practice, and certain initiatives related to these topics that are outlined in the USPTO's July 6, 2022, letter to the Food and Drug Administration (FDA). This RFC also seeks comments on the questions set forth in a June 8, 2022, letter to the USPTO from six United States Senators. The USPTO is studying additional topics and initiatives to bolster the robustness and reliability of U.S. patents and will seek public comments on those separately.
Extension of the Patent Trial and Appeal Board Motion To Amend Pilot Program
Document Number: 2022-21472
Type: Notice
Date: 2022-10-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is extending the Motion to Amend (MTA) Pilot Program, initiated on March 15, 2019, and first extended on September 16, 2021. The MTA Pilot Program provides additional options for a patent owner who files an MTA in an America Invents Act (AIA) trial proceeding before the Patent Trial and Appeal Board (PTAB). In particular, the program provides a patent owner who files an MTA with options to request preliminary guidance from the PTAB on the MTA and to file a revised MTA. The MTA Pilot Program also provides timelines for briefing to accommodate these options.
Extension of the Fast-Track Appeals Pilot Program
Document Number: 2022-21469
Type: Notice
Date: 2022-10-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is extending the Fast-Track Appeals Pilot Program, initiated on July 2, 2020, and previously extended on July 12, 2021. The Fast-Track Appeals Pilot Program permits appellants with a docketed ex parte appeal before the Patent Trial and Appeal Board (PTAB or Board) to file a petition to expedite the review of the appeal. The Fast-Track Appeals Pilot Program sets a target of reaching decisions on ex parte appeals within six months from the date they enter the program.
Grant of Interim Extension of the Term of U.S. Patent No. 6,406,699; ECI® (ELIAS Cancer Immunotherapy)
Document Number: 2022-21118
Type: Notice
Date: 2022-09-29
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting a one-year interim extension of the term of U.S. Patent No. 6,406,699 ('699 patent).
Grant of Interim Extension of the Term of U.S. Patent No. 7,199,162; GrafapexTM
Document Number: 2022-21117
Type: Notice
Date: 2022-09-29
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting a one-year interim extension of the term of U.S. Patent No. 7,199,162 ('162 patent).
Extension of the Cancer Immunotherapy Pilot Program
Document Number: 2022-20988
Type: Notice
Date: 2022-09-28
Agency: Department of Commerce, Patent and Trademark Office
On June 29, 2016, the United States Patent and Trademark Office (USPTO) implemented the Cancer Immunotherapy Pilot Program in support of the White House's National Cancer Moonshot initiative, which sought to accelerate cancer research. The program permits patent applications pertaining to cancer immunotherapy to be advanced out of turn for examination. To date, over 880 petitions requesting participation in the pilot program have been filed, and over 650 patents have been granted under the program. In view of the continued interest in the Cancer Immunotherapy Pilot Program, as well as the White House's reignition of the National Cancer Moonshot initiative, the USPTO is extending the program, with all parameters remaining the same, until January 31, 2023. The USPTO will also continue to evaluate whether to expand the scope of the pilot program and to what extent during this extension period.
Extension of the Period for Comments on Director Review, Precedential Opinion Panel Review, and Internal Circulation and Review of Patent Trial and Appeal Board Decisions
Document Number: 2022-20697
Type: Notice
Date: 2022-09-26
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) published a request for comments in the Federal Register on July 20, 2022, seeking public comment on the processes for Director review, Precedential Opinion Panel review, and internal circulation and review of Patent Trial and Appeal Board (PTAB) decisions. The USPTO is extending the period for public comment until October 19, 2022.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Legal Processes
Document Number: 2022-20132
Type: Notice
Date: 2022-09-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0046 Legal Processes. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
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