Patent and Trademark Office – Federal Register Recent Federal Regulation Documents

Trademark Trial and Appeal Board (TTAB) Actions
Document Number: 2020-11248
Type: Notice
Date: 2020-05-26
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 of an existing information collection: 0651-0040 (Trademark Trial and Appeal Board (TTAB) Actions).
COVID-19 Prioritized Examination Pilot Program
Document Number: C1-2020-10372
Type: Notice
Date: 2020-05-18
Agency: Department of Commerce, Patent and Trademark Office
COVID-19 Prioritized Examination Pilot Program
Document Number: 2020-10372
Type: Notice
Date: 2020-05-14
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is implementing a pilot program to provide prioritized examination of certain patent applications. To qualify, the claim(s) of an application must cover a product or process related to COVID-19, and such product or process must be subject to an applicable FDA approval for COVID-19 use. Under this pilot program, the USPTO will grant qualified requests for prioritized examination without payment of certain fees associated with prioritized examination for applicants that qualify for small or micro entity status. The goal of prioritized examination is to provide a final disposition within 12 months, on average, from the date the prioritized status has been granted. Furthermore, the USPTO believes it can achieve final disposition in six months if applicants provide more timely responses to notices and actions from the USPTO, as compared to those required by prioritized examination. This notice outlines the conditions, eligibility requirements, and guidelines of the pilot program.
National Medal of Technology and Innovation Nomination Evaluation Committee Charter Renewal
Document Number: 2020-08896
Type: Notice
Date: 2020-04-27
Agency: Department of Commerce, Patent and Trademark Office
The Chief Financial Officer/Assistant Secretary of Commerce for Administration, with the concurrence of the General Services Administration, renewed the Charter for the National Medal of Technology and Innovation Nomination Evaluation Committee on February 12, 2020.
Submission for OMB Review; Comment Request; “Pro Bono Survey”
Document Number: 2020-08893
Type: Notice
Date: 2020-04-27
Agency: Department of Commerce, Patent and Trademark Office
Patent Trial and Appeal Board (PTAB) Appeals
Document Number: 2020-08344
Type: Notice
Date: 2020-04-20
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 renewal and revision of an existing information collection: 0651- 0063 (Patent Trial and Appeal Board (PTAB) Appeals).
Grant of Interim Extension of the Term of U.S. Patent No. 7,534,790; Vernakalant Hydrochloride
Document Number: 2020-07190
Type: Notice
Date: 2020-04-07
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting interim extension for a one-year interim extension of the term of U.S. Patent No. 7,534,790.
Waiver of Original Handwritten Signature Requirement Due to the COVID-19 Outbreak
Document Number: 2020-06186
Type: Rule
Date: 2020-03-30
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) considers the effects of the COVID-19 outbreak to be an extraordinary situation. Therefore, pursuant to the Office's authority, the USPTO is waiving its only regulatory requirements for an original handwritten signature personally signed in permanent dark ink or its equivalent for certain correspondence with the Office of Enrollment and Discipline and certain payments by credit card. In both instances, the Office will accept copies of handwritten signatures. The USPTO has no other requirements for original handwritten, ink signatures.
Grant of Interim Extension of the Term of U.S. Patent No. 8,858,612; Reducer®
Document Number: 2020-06447
Type: Notice
Date: 2020-03-27
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting interim extension for a one-year interim extension of the term of U.S. Patent No. 8,858,612.
Grant of Interim Extension of the Term of U.S. Patent No. 6,953,476; Reducer®
Document Number: 2020-06445
Type: Notice
Date: 2020-03-27
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a one- year interim extension of the term of U.S. Patent No. 6,953,476.
Native American Tribal Insignia Database
Document Number: 2020-05312
Type: Notice
Date: 2020-03-16
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 renewal of a currently approved information collection: 0651-0048 (Native American Tribal Insignia Database).
Clarification of the Practice for Requiring Additional Information in Petitions Filed in Patent Applications and Patents Based on Unintentional Delay
Document Number: 2020-03715
Type: Rule
Date: 2020-03-02
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is clarifying its practice as to situations that will require additional information about whether a delay in seeking the revival of an abandoned application, acceptance of a delayed maintenance fee payment, or acceptance of a delayed priority or benefit claim was unintentional.
Submission for OMB Review; Comment Request; Law School Clinic Certification Program
Document Number: 2020-04135
Type: Notice
Date: 2020-02-28
Agency: Department of Commerce, Patent and Trademark Office
Privacy Act of 1974; System of Records
Document Number: 2020-03068
Type: Notice
Date: 2020-02-18
Agency: Department of Commerce, Patent and Trademark Office
Pursuant to the Privacy Act of 1974 and the Office of Management and Budget (OMB) Circular A-108, the United States Patent and Trademark Office (USPTO) hereby gives notice it has established a new system of records titled COMMERCE/USPTO-26, Trademark Application and Registration Records. The USPTO proposes to establish this system of records to manage trademark application and registration records.
Small Entity Government Use License Exception
Document Number: 2020-01687
Type: Proposed Rule
Date: 2020-02-05
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is proposing to amend the rules of practice in patent cases to clarify and expand exceptions to the rule pertaining to government use licenses and their effect on small entity status for purposes of paying reduced patent fees so as to support independent inventors, small business concerns and nonprofit organizations in filing patent applications. The proposed rule change is designed to encourage persons, small businesses, and nonprofit organizations to collaborate with the Federal Government by providing an opportunity to qualify for the small entity patent fees discount for inventions made during the course of federally-funded or federally-supported research.
Submission for OMB Review; Comment Request; Deposit of Biological Materials
Document Number: 2020-01852
Type: Notice
Date: 2020-01-31
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request; Post Allowance and Refiling
Document Number: 2020-01851
Type: Notice
Date: 2020-01-31
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request; Patent Law Treaty
Document Number: 2020-01850
Type: Notice
Date: 2020-01-31
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request; Patent Term Extension
Document Number: 2020-01849
Type: Notice
Date: 2020-01-31
Agency: Department of Commerce, Patent and Trademark Office
Facilitating the Use of WIPO's ePCT System To Prepare International Applications for Filing With the United States Receiving Office
Document Number: 2020-01765
Type: Proposed Rule
Date: 2020-01-30
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is proposing to amend the foreign filing license rules to facilitate use of ePCT (a World Intellectual Property Organization (WIPO) online web-based service) to prepare an international application for filing with the USPTO in its capacity as a Receiving Office under the Patent Cooperation Treaty (PCT). ePCT offers many benefits to users, including real time up-to-date validation features to help users properly complete the PCT Request. ePCT resides on WIPO's servers abroad and is accessed via an internet browser on the user's system. While the current foreign filing license rules would authorize the export of technical data to ePCT for purposes of preparing an international application for filing in a foreign PCT Receiving Office, the current rules do not authorize the export of technical data to ePCT for purposes of preparing an international application for filing with the USPTO as a Receiving Office. The USPTO is thus proposing to amend the foreign filing license rules to provide that a foreign filing license from the USPTO would authorize the export of technical data abroad for purposes relating to the use of ePCT to prepare an international application for filing with the USPTO in its capacity as a Receiving Office under the PCT.
Law School Clinic Certification Program
Document Number: 2019-27832
Type: Notice
Date: 2019-12-26
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 of an existing information collection: 0651-0081 (Law School Clinic Program).
Changes to the Trademark Rules of Practice To Mandate Electronic Filing
Document Number: 2019-27426
Type: Rule
Date: 2019-12-18
Agency: Department of Commerce, Patent and Trademark Office
On July 31, 2019, the United States Patent and Trademark Office published in the Federal Register a final rule amending the regulations to mandate electronic filing of trademark applications and all submissions associated with trademark applications and registrations, and to require the designation of an email address for receiving USPTO correspondence, with limited exceptions. That final rule had an effective date of October 5, 2019, which was subsequently delayed until December 21, 2019. A correction to the July 31, 2019 rule was published on December 13, 2019 and is also effective on December 21, 2019. This action further delays the effective date of the both the July 31, 2019 final rule, and the December 13, 2019 correction, until February 15, 2020.
Changes to the Trademark Rules of Practice To Mandate Electronic Filing; Correction
Document Number: 2019-26899
Type: Rule
Date: 2019-12-13
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office published in the Federal Register on July 31, 2019 (delayed on October 2, 2019), a final rule amending its regulations to mandate electronic filing of trademark applications and all submissions associated with trademark applications and registrations, and to require the designation of an email address for receiving USPTO correspondence, with limited exceptions. This rulemaking clarifies the mandatory electronic filing regulation addressing the requirements for receiving a filing date, by amending it to remove the word ``domicile.'' This rulemaking also clarifies the mandatory electronic filing regulation addressing the requirements for a TEAS Plus application.
Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation
Document Number: 2019-26104
Type: Notice
Date: 2019-12-03
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 October 30, 2019, seeking public comment on the impact of artificial intelligence (``AI'') technologies on intellectual property law and policy. Through this notice, the USPTO is extending the period for public comment until January 10, 2020.
International Trademark Classification Changes
Document Number: 2019-25807
Type: Rule
Date: 2019-11-29
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, which is published by the World Intellectual Property Organization (WIPO), and will become effective on January 1, 2020.
Secrecy and License to Export
Document Number: 2019-25510
Type: Notice
Date: 2019-11-25
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 of an existing information collection: 0651-0034 (Secrecy and License to Export).
Removal of Regulations Governing Requests for Presidential Proclamations Under the Semiconductor Chip Protection Act of 1984 (SCPA) and Certain Rules of Practice Relating to Registration To Practice and Discipline
Document Number: 2019-24825
Type: Proposed Rule
Date: 2019-11-25
Agency: Department of Commerce, Patent and Trademark Office
In accordance with Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' and Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' the United States Patent and Trademark Office (USPTO or Office) proposes to remove its regulations governing requests for Presidential Proclamations under the Semiconductor Chip Protection Act of 1984 (SCPA). In addition, this proposed rule would revise the rules of practice in patent cases to eliminate the requirement for handwritten personal signatures on correspondence relating to registration to practice before the Office, and other matters within the purview of the Office of Enrollment and Discipline (OED).
Office Patent Trial Practice Guide, November 2019 Edition
Document Number: 2019-25281
Type: Notice
Date: 2019-11-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``Office'') is issuing a consolidated Office Patent Trial Practice Guide (``Practice Guide'') to incorporate prior updates to the original August 2012 Practice Guide. The Office publishes the Practice Guide to provide practitioners with guidance on typical procedures and timeframes for taking action in post-grant trials implemented following the Leahy- Smith America Invents Act (``AIA''), as well as to bring greater procedural consistency among panels of the Patent Trial and Appeal Board (``Board'').
Patent Term Extension
Document Number: 2019-24953
Type: Notice
Date: 2019-11-19
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 of an existing information collection: 0651-0020 (Patent Term Extension).
Patent Law Treaty
Document Number: 2019-24952
Type: Notice
Date: 2019-11-19
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 of an existing information collection: 0651-0073 (Patent Law Treaty).
Deposit of Biological Materials
Document Number: 2019-24951
Type: Notice
Date: 2019-11-19
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 of an existing information collection: 0651-0022 (Deposit of Biological Materials).
Request for Comments on Intellectual Property Protection for Artificial Intelligence Innovation
Document Number: 2019-23638
Type: Notice
Date: 2019-10-30
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') is gathering information about the impact of artificial intelligence (``AI'') technologies on intellectual property law and policy. To assist in gathering this information, on August 27, 2019, the USPTO published questions related to the impact of artificial intelligence inventions on patent law and policy and asked the public for written comments. Those questions cover a variety of topics, including whether revisions to intellectual property protection are needed. The present notice extends this inquiry to copyright, trademark, and other intellectual property rights impacted by AI.
Updated Legal Framework for Patent Electronic System
Document Number: 2019-23139
Type: Notice
Date: 2019-10-23
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) published on its website an updated legal framework for its Patent Electronic System. The updated legal framework provides guidance on the background statutes, regulations and policies that support the USPTO's Patent Electronic System. The Patent Electronic System currently comprises EFS-Web, which is the USPTO's web-based patent application and document submission system; and the Patent Application Information Retrieval (PAIR) system, which is the USPTO's web-based means for electronically viewing the status of, and documents filed in or associated with, patent applications and proceedings. The updated legal framework also discusses the two-step authentication method now in place for accessing the Patent Electronic System. The updated legal framework serves as a reference for applicants, parties in reexamination proceedings, attorneys, and agents.
Rules of Practice To Allocate the Burden of Persuasion on Motions To Amend in Trial Proceedings Before the Patent Trial and Appeal Board
Document Number: 2019-22768
Type: Proposed Rule
Date: 2019-10-22
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'' or ``Office'') proposes changes to the rules of practice in inter partes review (``IPR''), post-grant review (``PGR''), and the transitional program for covered business method patents (``CBM'') (collectively ``post-grant trial'') proceedings before the Patent Trial and Appeal Board (``PTAB'' or ``Board'') to allocate the burdens of persuasion in relation to motions to amend and the patentability of substitute claims proposed therein.
October 2019 Patent Eligibility Guidance Update
Document Number: 2019-22782
Type: Notice
Date: 2019-10-18
Agency: Department of Commerce, Patent and Trademark Office
In January 2019, the United States Patent and Trademark Office (USPTO) prepared revised guidance (2019 Patent Eligibility Guidance) for use by USPTO personnel in evaluating subject matter eligibility. The USPTO published the 2019 Patent Eligibility Guidance in the Federal Register and sought public comment on the guidance. In view of the comments received in response to the 2019 Patent Eligibility Guidance, the USPTO has produced an update of its 2019 Patent Eligibility Guidance (the October 2019 Patent Eligibility Guidance Update), which is available to the public on the USPTO's website. The October 2019 Patent Eligibility Guidance Update includes a new set of examples as well as a discussion of various issues raised by the public comments. The Update is intended to assist Office personnel in applying the 2019 Patent Eligibility Guidance. The Office continues to welcome public feedback on an ongoing basis on the October 2019 Patent Eligibility Guidance Update or on any patent eligibility issue.
Grant of Interim Extension of the Term of U.S. Patent No. 6,406,699-ECI® (ELIAS Cancer Immunotherapy)
Document Number: 2019-22329
Type: Notice
Date: 2019-10-11
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting interim extension for a one-year interim extension of the term of U.S. Patent No. 6,406,699.
Patent Term Adjustment Reductions in View of the Federal Circuit Decision in Supernus Pharm., Inc.
Document Number: 2019-21271
Type: Proposed Rule
Date: 2019-10-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing to revise the rules of practice pertaining to patent term adjustment in view of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Supernus Pharm., Inc. v. Iancu (Supernus). The Federal Circuit in Supernus held that a reduction of patent term adjustment must be equal to the period of time during which the applicant failed to engage in reasonable efforts to conclude prosecution of the application. The Office is proposing to revise the provisions pertaining to reduction of patent term adjustment for alignment with the Federal Circuit decision in Supernus.
Changes to the Trademark Rules of Practice To Mandate Electronic Filing
Document Number: 2019-21178
Type: Rule
Date: 2019-10-02
Agency: Department of Commerce, Patent and Trademark Office
On July 31, 2019, the United States Patent and Trademark Office published in the Federal Register a final rule amending the Rules of Practice in Trademark Cases and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. That final rule had an effective date of October 5, 2019. This action changes the effective date to December 21, 2019.
Eliminating Unnecessary Regulations
Document Number: 2019-20908
Type: Rule
Date: 2019-10-01
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) hereby amends the Rules of Practice in Patent Cases and Trial Practice Before the Patent Trial and Appeal Board (PTAB) by removing provisions in the Code of Federal Regulations that are no longer necessary. This final rule removes the rules governing reservation clauses, petitions from the refusal of a primary examiner to admit an amendment, the publication of amendments to the regulations, and limits that the Director can impose on the number of inter partes reviews and post-grant reviews heard by the PTAB. USPTO has evaluated existing regulations to identify those that should be repealed, replaced, or modified because they are outdated, unnecessary, ineffective, costly, or unduly burdensome to both government and private-sector operations. USPTO carried out this work, in part, through its participation in the Regulatory Reform Task Force (Task Force), which the Department of Commerce (Department or Commerce) established in accordance with Executive Order 13777, ``Enforcing the Regulatory Reform Agenda.'' Removal of the regulations identified in this final rule achieves the objective of making USPTO regulations more effective and more streamlined, while enabling the USPTO to fulfill its mission goals.
Request for Comments on Patenting Artificial Intelligence Inventions
Document Number: 2019-21190
Type: Notice
Date: 2019-09-30
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 August 27, 2019, seeking public comment on the subject of patenting artificial intelligence inventions. Through this notice, the USPTO is extending the period for public comment until November 8, 2019.
Legal Processes
Document Number: 2019-20266
Type: Notice
Date: 2019-09-19
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 a proposed extension of the existing information collection: 0651-0046 (Legal Processes).
Increase of the Annual Limit on Accepted Requests for Track I Prioritized Examination
Document Number: 2019-18994
Type: Rule
Date: 2019-09-03
Agency: Department of Commerce, Patent and Trademark Office
The Leahy-Smith America Invents Act (America Invents Act) includes provisions for prioritized examination of patent applications, which have been implemented by the United States Patent and Trademark Office (USPTO or Office) in previous rulemakings. The America Invents Act provides that the Office may not accept more than 10,000 requests for prioritization in any fiscal year (October 1 to September 30) until regulations are prescribed setting another limit. This interim rule expands the availability of prioritized examination by increasing the limit on the number of prioritized examination requests that may be accepted in a fiscal year from 10,000 to 12,000.
Trademark Public Advisory Committee Public Hearing on the Proposed Trademark Fee Schedule
Document Number: 2019-18655
Type: Notice
Date: 2019-08-29
Agency: Department of Commerce, Patent and Trademark Office
Under Section 10 of the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO) may set or adjust by rule any patent or trademark fee established, authorized, or charged under Title 35 of the United States Code or the Trademark Act of 1946, respectively. The USPTO currently is planning to set or adjust trademark fees pursuant to its Section 10 fee setting authority. As part of the rulemaking process to set or adjust trademark fees, the Trademark Public Advisory Committee (TPAC) is required under Section 10 of the AIA to hold a public hearing about any proposed trademark fees, and the USPTO is required to assist TPAC in carrying out that hearing. To that end, the USPTO will make its proposed trademark fees available as set forth in the Supplementary Information section of this Notice before any TPAC hearing and will help the TPAC to notify the public about the hearing. Accordingly, this document announces the dates and logistics for the TPAC public hearing regarding USPTO proposed trademark fees. Interested members of the public are invited to testify at the hearing and/or submit written comments about the proposed trademark fees.
Request for Comments on Patenting Artificial Intelligence Inventions
Document Number: 2019-18443
Type: Notice
Date: 2019-08-27
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is interested in gathering information on patent-related issues regarding artificial intelligence inventions for purposes of evaluating whether further examination guidance is needed to promote the reliability and predictability of patenting artificial intelligence inventions. To assist in gathering this information, the USPTO is publishing questions on artificial intelligence inventions to obtain written comments from the public. The questions are designed to cover a variety of topics from patent examination policy to whether new forms of intellectual property protection are needed.
Performance Review Board (PRB)
Document Number: 2019-18407
Type: Notice
Date: 2019-08-27
Agency: Department of Commerce, Patent and Trademark Office
In conformance with the Civil Service Reform Act of 1978, the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.
Submission for OMB Review; Comment Request; “Patent Cooperation Treaty”
Document Number: 2019-18276
Type: Notice
Date: 2019-08-26
Agency: Department of Commerce, Patent and Trademark Office
Changes to the Trademark Rules of Practice To Mandate Electronic Filing
Document Number: 2019-16259
Type: Rule
Date: 2019-07-31
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) amends the Rules of Practice in Trademark Cases and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks to mandate electronic filing of trademark applications and all submissions associated with trademark applications and registrations, and to require the designation of an email address for receiving USPTO correspondence, with limited exceptions. This rule advances the USPTO's IT strategy to achieve complete end-to-end electronic processing of trademark-related submissions, thereby improving administrative efficiency by facilitating electronic file management, optimizing workflow processes, and reducing processing errors.
Setting and Adjusting Patent Fees During Fiscal Year 2020
Document Number: 2019-15727
Type: Proposed Rule
Date: 2019-07-31
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) proposes to set or adjust patent fees as authorized by the Leahy-Smith America Invents Act (Act or AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The USPTO is a business-like operation where the demand for patent products and services and the cost of our operations are affected by external factors, such as the economy, legislation, court decisions, and increases in the costs of supplies and contract services, as well as internal factors, such as changes in patent examination processes and procedures. The proposed fee adjustments are needed to provide the Office with a sufficient amount of aggregate revenue to recover the aggregate cost of patent operations in future years (based on current projections) and to allow the Office to continue progress towards achieving strategic goals.
Office Patent Trial Practice Guide, July 2019 Update
Document Number: 2019-15083
Type: Notice
Date: 2019-07-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``Office'') issued a further update to the Office Patent Trial Practice Guide (``TPG'') in July 2019 to provide updated guidance to the public on standard practices before the Patent Trial and Appeal Board (``Board'') in the post-grant trial procedures implemented following the Leahy- Smith America Invents Act (``AIA''). The Office published the TPG to provide practitioners with guidance on typical procedures and times for taking action in AIA trials, as well as to ensure consistency of procedure among panels of the Board.
Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants
Document Number: 2019-14087
Type: Rule
Date: 2019-07-02
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) amends the Rules of Practice in Trademark Cases, the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and the rules regarding Representation of Others Before the United States Patent and Trademark Office to require applicants, registrants, or parties to a trademark proceeding whose domicile is not located within the United States (U.S.) or its territories (hereafter foreign applicants, registrants, or parties) to be represented by an attorney who is an active member in good standing of the bar of the highest court of a state in the U.S. (including the District of Columbia or any Commonwealth or territory of the U.S.). A requirement that such foreign applicants, registrants, or parties be represented by a qualified U.S. attorney will instill greater confidence in the public that U.S. trademark registrations that issue to foreign applicants are not subject to invalidation for reasons such as improper signatures and use claims and enable the USPTO to more effectively use available mechanisms to enforce foreign applicant compliance with statutory and regulatory requirements in trademark matters.