Patent and Trademark Office 2005 – Federal Register Recent Federal Regulation Documents

Submission for OMB Review; Comment Request
Document Number: E5-8022
Type: Notice
Date: 2005-12-29
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E5-8018
Type: Notice
Date: 2005-12-29
Agency: Department of Commerce, Patent and Trademark Office
Rules for Patent Maintenance Fees
Document Number: 05-24346
Type: Notice
Date: 2005-12-22
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the revision of a continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Request for Comments on Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility
Document Number: E5-7552
Type: Notice
Date: 2005-12-20
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has, in response to recent case law, revised its guidelines to be used by USPTO personnel in their review of patent applications to determine whether the claims in a patent application are directed to patent eligible subject matter. The USPTO is requesting comments from the public regarding these interim examination guidelines. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before June 30, 2006. No public hearing will be held.
Fastener Quality Act Insignia Recordal Process
Document Number: E5-7062
Type: Notice
Date: 2005-12-08
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Electronic Response to Office Action and Preliminary Amendment Forms
Document Number: E5-7037
Type: Notice
Date: 2005-12-08
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the continuing and proposed information collection, as required by the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)).
Statutory Invention Registration
Document Number: E5-6870
Type: Notice
Date: 2005-12-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the extension of a currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Privacy Act of 1974; System of Records
Document Number: 05-22717
Type: Notice
Date: 2005-11-16
Agency: Department of Commerce, Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records listed under ``COMMERCE/PAT-TM-2 Complaints, Investigations and Disciplinary Proceedings Relating to Registered Patent Attorneys and Agents.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Privacy Act of 1974; System of Records
Document Number: 05-22716
Type: Notice
Date: 2005-11-16
Agency: Department of Commerce, Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records listed under ``COMMERCE/PAT-TM-5 Non- Registered Persons Rendering Assistance to Patent Applicants.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Privacy Act of 1974; System of Records
Document Number: 05-22715
Type: Notice
Date: 2005-11-16
Agency: Department of Commerce, Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records listed under ``COMMERCE/PAT-TM-1 Attorneys and Agents Registered to Practice Before the Office.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Submission for OMB Review; Comment Request
Document Number: 05-22529
Type: Notice
Date: 2005-11-14
Agency: Department of Commerce, Patent and Trademark Office
Performance Review Board (PRB)
Document Number: 05-22279
Type: Notice
Date: 2005-11-08
Agency: Department of Commerce, Patent and Trademark Office
In conformance with the Civil Service Reform Act of 1978, 5 U.S.C. 4314(c)(4), the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.
Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Vapreotide Acetate
Document Number: 05-21191
Type: Notice
Date: 2005-10-24
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a one-year interim extension of the term of U.S. Patent No. 4,650,787.
Patent and Trademark Financial Transactions (Formerly Payment of Patent and Trademark Office Fees by Credit Card)
Document Number: 05-19683
Type: Notice
Date: 2005-10-03
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Provisions for Claiming the Benefit of a Provisional Application With a Non-English Specification and Other Miscellaneous Matters
Document Number: 05-19128
Type: Rule
Date: 2005-09-26
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is amending the rules of practice to require that: A copy of the English translation of a foreign-language provisional application be filed in the provisional application if a nonprovisional application claims the benefit of the provisional application; a copy of documentary evidence supporting a claim of ownership be recorded in the Office's assignment records when an assignee takes action in a patent matter; and separate copies of a document be submitted to the Office for recording in the Office's assignment records, each accompanied by a cover sheet, if the document to be recorded includes an interest in, or a transaction involving, both patents and trademarks.
Changes To Implement the Cooperative Research and Technology Enhancement Act of 2004
Document Number: 05-18217
Type: Rule
Date: 2005-09-14
Agency: Department of Commerce, Patent and Trademark Office
The Cooperative Research and Technology Enhancement Act of 2004 (CREATE Act) amends the patent laws to provide that subject matter developed by another person shall be treated as owned by the same person or subject to an obligation of assignment to the same person for purposes of determining obviousness if three conditions are met: The claimed invention was made by or on behalf of parties to a joint research agreement that was in effect on or before the date the claimed invention was made; the claimed invention was made as a result of activities undertaken within the scope of the joint research agreement; and the application for patent for the claimed invention discloses or is amended to disclose the names of the parties to the joint research agreement. The United States Patent and Trademark Office (Office) is revising the rules of practice in patent cases to implement the CREATE Act.
Submission for OMB Review; Comment Request
Document Number: 05-17408
Type: Notice
Date: 2005-09-01
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 05-16371
Type: Notice
Date: 2005-08-18
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 05-16258
Type: Notice
Date: 2005-08-17
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 05-15887
Type: Notice
Date: 2005-08-11
Agency: Department of Commerce, Patent and Trademark Office
Notice of Availability of and Request for Comments on Green Paper Concerning Restriction Practice
Document Number: 05-15506
Type: Notice
Date: 2005-08-05
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is conducting a study of its restriction practice as part of its 21st Century Strategic Plan to transform the USPTO into a quality focused, highly productive, responsive organization supporting a market-driven intellectual property system. The USPTO prepared a ``Green Paper'' describing and evaluating four options to reform restriction practice suggested by various members of the public, and published a notice on June 6, 2005, at 70 FR 32761 seeking public comment on the Green Paper. The USPTO is extending the period for public comment until September 14, 2005.
Submission for OMB Review; Comment Request
Document Number: 05-15195
Type: Notice
Date: 2005-08-02
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 05-14925
Type: Notice
Date: 2005-07-28
Agency: Department of Commerce, Patent and Trademark Office
Requirements To Receive a Reduced Fee for Filing an Application Through the Trademark Electronic Application System
Document Number: 05-13301
Type: Rule
Date: 2005-07-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is amending its rules to permit an applicant to pay a reduced fee under certain circumstances when the applicant uses the Trademark Electronic Application System (TEAS) to file a trademark or service mark application for registration on the Principal Register under section 1 and/or section 44 of the Trademark Act. The Office will offer a reduced fee to TEAS applicants if the application meets certain filing requirements beyond those required to receive a filing date. The applicant must also file communications regarding the application through TEAS, and agree to receive communications concerning the application by electronic mail (e-mail) during the pendency of the application. TEAS applications that qualify for the reduced fee option will be referred to as ``TEAS Plus'' applications. The reduced fee option will not apply to applications filed pursuant to section 66(a) of the Act, because they cannot be filed through TEAS.
Submission for OMB Review; Comment Request
Document Number: 05-12295
Type: Notice
Date: 2005-06-22
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 05-12294
Type: Notice
Date: 2005-06-22
Agency: Department of Commerce, Patent and Trademark Office
Acceptance, Processing, Use and Dissemination of Chemical and Three-Dimensional Biological Structural Data in Electronic Format
Document Number: 05-12199
Type: Proposed Rule
Date: 2005-06-21
Agency: Department of Commerce, Patent and Trademark Office
This advance notice of proposed rule making is to inform the public that the United States Patent and Trademark Office (USPTO) is considering amending its rules of practice to require submission of chemical and three-dimensional (3-D) biological structural data in electronic format. The USPTO anticipates that requiring submission of chemical and 3-D biological structural data in electronic format in patent applications will improve the processing and examination of patent applications that include such data, as well as the dissemination of such data to searchable public databases. The purpose of this notice is to encourage comments on this topic, in the form of responses to the questions posed in this notice, from industry, academia, the patent bars, and members of the public. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before August 22, 2005. No public hearing will be held.
Changes To Implement the Patent Search Fee Refund Provisions of the Consolidated Appropriations Act, 2005
Document Number: 05-12198
Type: Proposed Rule
Date: 2005-06-21
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the patent application filing fee into a separate filing fee, search fee and examination fee. The Consolidated Appropriations Act also provides that the United States Patent and Trademark Office (Office) may refund part or all of the excess claim fee and the search fee in certain situations. This notice proposes changes to the rules of practice to implement the provisions for refunding the search fee for applicants who file a written declaration of express abandonment before an examination has been made of the application.
Public Key Infrastructure (PKI) Certificate Action Form
Document Number: 05-12189
Type: Notice
Date: 2005-06-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Representative and Address Provisions
Document Number: 05-12174
Type: Notice
Date: 2005-06-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on the continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Revision of Search and Examination Fees for Patent Cooperation Treaty Applications Entering the National Stage in the United States
Document Number: 05-12087
Type: Rule
Date: 2005-06-20
Agency: Department of Commerce, Patent and Trademark Office
Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the national fee for Patent Cooperation Treaty (PCT) applications entering the national stage into a separate national fee, search fee and examination fee, during fiscal years 2005 and 2006. The United States Patent and Trademark Office (Office) is reducing the search fee and examination fee for certain PCT applications entering the national stage.
Notice of Availability of and Request for Comments on Green Paper Concerning Restriction Practice
Document Number: 05-11177
Type: Notice
Date: 2005-06-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has established a 21st Century Strategic Plan to transform the USPTO into a quality focused, highly productive, responsive organization supporting a market-driven intellectual property system. As a part of this plan, the USPTO is conducting a study of its restriction practice. As part of this study, the Office requested public comments to help guide the study. After careful consideration of the public comments and an internal review, the USPTO has prepared a ``Green Paper'' describing and evaluating four options to reform restriction practice suggested by various members of the public. Prior to considering the desirability of drafting proposed legislation in a ``White Paper'' on reforming restriction practice, the USPTO is seeking public comment on the Green Paper.
Grant of Interim Extension of the Term of U.S. Patent No. 4,567,264; Ranolazine
Document Number: 05-11176
Type: Notice
Date: 2005-06-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a third one-year interim extension of the term of U.S. Patent No. 4,567,264.
Grant of Interim Extension of the Term of U.S. Patent No. 4,591,585; Atamestane
Document Number: 05-11175
Type: Notice
Date: 2005-06-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a second one-year interim extension of the term of U.S. Patent No. 4,591,585.
Changes to the Practice for Handling Patent Applications Filed Without the Appropriate Fees
Document Number: 05-10585
Type: Rule
Date: 2005-05-26
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the former patent application basic filing fee into a separate basic filing (or basic national) fee, search fee and examination fee, and requires an additional fee (application size fee) for applications whose specification and drawings exceed 100 sheets of paper, during fiscal years 2005 and 2006. The United States Patent and Trademark Office is changing its practice for handling patent applications filed without the appropriate basic filing (or basic national) fee, search fee and examination fee.
Changes to the Transitional Procedures for Limited Examination After Final Rejection in Certain Applications Filed Before June 8, 1995
Document Number: 05-8876
Type: Notice
Date: 2005-05-06
Agency: Department of Commerce, Patent and Trademark Office
The Uruguay Round Agreements Act (URAA) provided for a transitional procedure for the limited examination after final rejection in certain applications filed before June 8, 1995. The United States Patent and Trademark Office (Office) is changing its final action practice for the Office action immediately following a submission under the URAA transitional limited examination procedure. The Office is changing this final action practice to conform with the intent of the URAA and to facilitate the completion of prosecution of applications to which the URAA transitional limited examination procedure applies.
Patent Examiner Employment Application-Job Application Rating System (JARS) (Formerly Electronic Application for Patent Examiners-Job Application Rating System (JARS))
Document Number: 05-8879
Type: Notice
Date: 2005-05-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the submission of a extension of a currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Public Advisory Committees
Document Number: 05-7909
Type: Notice
Date: 2005-04-20
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 05-7560
Type: Notice
Date: 2005-04-15
Agency: Department of Commerce, Patent and Trademark Office
Notice of Unavailability of the Trademark Trial and Appeal Board's Electronic System for Trademark Trials and Appeals (ESTTA)
Document Number: 05-7433
Type: Notice
Date: 2005-04-13
Agency: Department of Commerce, Patent and Trademark Office
Notice is hereby given that ESTTA will be unavailable during certain time periods during the relocation of the United States Patent and Trademark Office data center to a site in Alexandria, Virginia.
Submission for OMB Review; Comment Request
Document Number: 05-7149
Type: Notice
Date: 2005-04-11
Agency: Department of Commerce, Patent and Trademark Office
Requirements To Receive a Reduced Fee for Filing an Application Through the Trademark Electronic Application System
Document Number: 05-6947
Type: Proposed Rule
Date: 2005-04-07
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) proposes to amend its rules to permit an applicant using the Trademark Electronic Application System (TEAS) to file a trademark or service mark application for registration on the Principal Register under section 1 and/or 44 of the Act to pay a reduced fee under certain circumstances. The Office proposes to offer a reduced fee to TEAS applicants if the application meets certain filing requirements beyond those required to receive a filing date. The applicant must also respond to Office actions within two months of the mailing date, file communications regarding the application through TEAS, and agree to receive communications concerning the application by electronic mail (e-mail). TEAS applications that qualify for the reduced fee option will be referred to as ``TEAS Plus'' applications. The reduced fee option will not apply to applications filed pursuant to section 66(a) of the Act because they cannot be filed through TEAS.
Provisions for Persons Granted Limited Recognition To Prosecute Patent Applications and Other Miscellaneous Matters
Document Number: 05-6931
Type: Proposed Rule
Date: 2005-04-07
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing changes to the rules of practice concerning persons acting with limited recognition in a patent matter, the filing of the English translation of foreign-language provisional applications, and the submission of evidence ownership when an assignee takes action in a patent matter. The Office is proposing changes to the rules of practice to allow a person acting with limited recognition to be given a power of attorney and authorized to sign amendments and other correspondence respecting patent applications, reexamination proceedings, and other proceedings. A person granted limited recognition is not a registered patent attorney or agent. The Office is also proposing changes to the rules of practice to require that a copy of the English translation of a foreign-language provisional application be filed in the provisional application (rather than in either the provisional application or the nonprovisional application) if a non-provisional application claims the benefit of the provisional application. In addition, the Office is proposing changes to require that a copy of documentary evidence of ownership be recorded in the Office's assignment records when an assignee takes action in a patent matter, and that separate copies of a document be submitted to the Office for recording in the Office's assignment records, each accompanied by a cover sheet, if the document to be recorded includes an interest in, or a transaction involving, both patents and trademarks.
Correspondence With the United States Patent and Trademark Office
Document Number: 05-3744
Type: Rule
Date: 2005-03-04
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is in the process of completing its move to Alexandria, Virginia. The Office is revising the rules of practice to update the locations and telephone numbers specified in the rules in light of the move to Alexandria, Virginia.
Changes to the Practice for Handling Patent Applications Filed Without the Appropriate Fees
Document Number: 05-3743
Type: Proposed Rule
Date: 2005-02-28
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the patent application filing fee into a separate filing fee, search fee and examination fee, and requires an additional fee (application size fee) for applications whose specification and drawings exceed 100 sheets of paper, during fiscal years 2005 and 2006. The United States Patent and Trademark Office is in this notice proposing changes in the Office's practice for handling patent applications filed without the appropriate filing, search, and examination fees. The Office has implemented the changes to the patent fees provided in the Consolidated Appropriations Act in a separate rulemaking.
Trademark Processing
Document Number: 05-3048
Type: Notice
Date: 2005-02-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the submission of a revision of a currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Submission for OMB Review; Comment Request
Document Number: 05-2572
Type: Notice
Date: 2005-02-10
Agency: Department of Commerce, Patent and Trademark Office
Revision of Search and Examination Fees for Patent Cooperation Treaty Applications Entering the National Stage in the United States
Document Number: 05-1850
Type: Rule
Date: 2005-02-01
Agency: Department of Commerce, Patent and Trademark Office
Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the national fee for Patent Cooperation Treaty (PCT) applications entering the national stage into a separate national fee, search fee and examination fee, during fiscal years 2005 and 2006. The Office is in this notice reducing the search fee and examination fee for certain PCT applications entering the national stage. The Office has implemented the changes to the patent fees provided in the Consolidated Appropriations Act in a separate final rule.
Changes To Implement the Patent Fee Related Provisions of the Consolidated Appropriations Act, 2005
Document Number: 05-1377
Type: Rule
Date: 2005-01-27
Agency: Department of Commerce, Patent and Trademark Office
The Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), revises patent fees in general, and provides for a search fee and examination fee that are separate from the filing fee, during fiscal years 2005 and 2006. This final rule revises the patent fees set forth in the rules of practice to conform them to the patent fees set forth in the Consolidated Appropriations Act.
Changes in Fees for Filing Applications for Trademark Registration
Document Number: 05-833
Type: Rule
Date: 2005-01-19
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is amending its rules of practice to adjust the fee for filing a trademark application for registration based on whether the application is filed on paper or electronically using the Trademark Electronic Application System (TEAS). Specifically, the Office is amending its rules to provide that: The fee for a trademark application filed on paper shall be increased to $375.00 for each class of goods or services; and the fee for a trademark application filed through TEAS shall be decreased to $325.00 for each class of goods or services.