Patent and Trademark Office 2006 – Federal Register Recent Federal Regulation Documents

Privacy Act of 1974; System of Records
Document Number: E6-22122
Type: Notice
Date: 2006-12-27
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) gives notice of a proposed new system of records entitled ``COMMERCE/ PAT-TM-19 Dissemination Events and Registrations.'' We invite the public to comment on the system announced in this publication.
Submission for OMB Review; Comment Request
Document Number: E6-21121
Type: Notice
Date: 2006-12-12
Agency: Patent and Trademark Office, Department of Commerce
Performance Review Board (PRB)
Document Number: E6-19908
Type: Notice
Date: 2006-11-24
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.
Business Size Standard for Purposes of United States Patent and Trademark Office Regulatory Flexibility Analysis for Patent-Related Regulations
Document Number: E6-19573
Type: Notice
Date: 2006-11-20
Agency: Department of Commerce, Patent and Trademark Office
The Regulatory Flexibility Act permits an agency head to establish, for purposes of Regulatory Flexibility Act analysis and certification, one or more definitions of ``small business concern'' that are appropriate to the activities of the agency. Pursuant to this authority, the United States Patent and Trademark Office (USPTO) is establishing the Small Business Administration (SBA) business size standard for the purpose of paying reduced patent fees as the size standard for conducting an analysis or making a certification under the Regulatory Flexibility Act for patent-related regulations.
No FEAR Act Notice
Document Number: E6-18609
Type: Notice
Date: 2006-11-03
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office is providing notice to its employees, former employees, and applicants for employment of rights and remedies available under the Federal antidiscrimination and whistleblower protection laws as required by the Notification and Federal Employees Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), and the regulations of the Office of Personnel Management found at 5 CFR part 724.
Changes To Eliminate the Disclosure Document Program
Document Number: E6-18606
Type: Rule
Date: 2006-11-03
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) implemented the Disclosure Document Program in 1969 in order to provide an alternative form of evidence of conception of an invention to, for example, a ``self-addressed envelope'' containing a disclosure of an invention. It appears, however, that few, if any, inventors obtain any actual benefit from a disclosure document, and some inventors who use the Disclosure Document Program erroneously believe that they are actually filing an application for a patent. In addition, a provisional application for patent affords better benefits and protection to inventors than a disclosure document and could be used for the same purposes as a disclosure document if necessary. Therefore, the Office is eliminating the Disclosure Document Program.
Deposit of Biological Materials
Document Number: E6-17855
Type: Notice
Date: 2006-10-25
Agency: Patent and Trademark Office, Department of Commerce
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)).
Submission for OMB Review; Comment Request
Document Number: E6-16466
Type: Notice
Date: 2006-10-05
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E6-15138
Type: Notice
Date: 2006-09-13
Agency: Department of Commerce, Patemt Amd Trademark Office, Patent and Trademark Office
Initial Patent Applications
Document Number: E6-15048
Type: Notice
Date: 2006-09-12
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 USPTO's Draft Strategic Plan for FY 2007-2012
Document Number: E6-14074
Type: Notice
Date: 2006-08-24
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) solicits comments on its draft strategic plan for 2007-2012. The Government Performance and Results Act of 1993 (GPRA) requires Federal agencies to establish a strategic plan covering not less than five years, and to solicit the views and suggestions of those entities potentially affected by or interested in the plan. The USPTO's current plan, The 21st Century Strategic Plan for 2003- 2008, may be viewed on the USPTO Web site at http://www.uspto.gov as can the agency's draft plan for 2007-2012.
Notice of Roundtable on the World Intellectual Property Organization (WIPO) Treaty on the Protection of the Rights of Broadcasting Organizations
Document Number: E6-13680
Type: Notice
Date: 2006-08-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) and United States Copyright Office (USCO) announce a public roundtable discussion concerning the work at the World Intellectual Property Organization (WIPO) in the Standing Committee on Copyright and Related Rights (SCCR) on a proposed Treaty On the Protection of the Rights of Broadcasting Organizations. Members of the public are invited to attend the roundtable, or to participate in the roundtable discussion, on the topics outlined in the supplementary information section of this notice.
Clarification of Filing Date Requirements for Ex Parte
Document Number: E6-12600
Type: Rule
Date: 2006-08-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is, in this final rule making, revising the rules of practice relating to the filing date requirements for ex parte and inter partes reexamination proceedings for consistency with the provisions of the patent statute governing ex parte and inter partes reexamination proceedings, and to permit the Office to have the full statutory three months to address a request for reexamination that is complete. The Office is specifically revising the rules to require that a request for ex parte reexamination or for inter partes reexamination must meet all the applicable statutory and regulatory requirements before a filing date is accorded to the request for ex parte reexamination or for inter partes reexamination.
Submission for OMB Review; Comment Request
Document Number: E6-12220
Type: Notice
Date: 2006-07-31
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E6-10916
Type: Notice
Date: 2006-07-12
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E6-10707
Type: Notice
Date: 2006-07-10
Agency: Department of Commerce, Patent and Trademark Office
Changes To Information Disclosure Statement Requirements and Other Related Matters
Document Number: 06-6027
Type: Proposed Rule
Date: 2006-07-10
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing changes to information disclosure statement (IDS) requirements and other related matters to improve the quality and efficiency of the examination process. The proposed changes will enable the examiner to focus on the relevant portions of submitted information at the very beginning of the examination process, give higher quality first actions, and minimize wasted steps. The Office is proposing the following changes relating to submissions of IDSs by applicants/patent owners: Before a first Office action on the merits, require additional disclosure for English language documents over twenty-five pages, for any foreign language documents, or if more than twenty documents are submitted, but documents submitted in reply to a requirement for information or resulting from a foreign search or examination report would not count towards the twenty document limit; permit the filing of an IDS after a first Office action on the merits only if certain additional disclosure requirements have been met; and eliminate the fees for submitting an IDS. Updates to the additional disclosure requirements would be required as needed for every substantive amendment. The Office is also proposing to revise the protest rule to better set forth options that applicants have for dealing with unsolicited information received from third parties.
Size Standard for Purposes of United States Patent and Trademark Office Regulatory Flexibility Analysis for Patent-Related Regulations
Document Number: E6-10564
Type: Notice
Date: 2006-07-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) uses the Small Business Administration (SBA) size standard for the purpose of paying reduced patent fees as its size standard when conducting an analysis or making a certification under the Regulatory Flexibility Act for patent-related regulations. The Small Business Administration Office of Advocacy (SBA-Advocacy) has questioned whether this is the appropriate size standard for conducting an analysis or making a certification under the Regulatory Flexibility Act. Pursuant to the Regulatory Flexibility Act, the USPTO is providing this opportunity for public comment on the establishment of the SBA's definition of ``small business concern'' for the purpose of paying reduced patent fees as the definition of ``small business concern'' for Regulatory Flexibility Act purposes for patent-related regulations. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before August 7, 2006. No public hearing will be held.
Privacy Act of 1974; System of Records
Document Number: E6-10526
Type: Notice
Date: 2006-07-06
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 currently listed under ``COMMERCE/ PAT-TM-10 Patent Deposit Accounts System.'' This action is being taken to update the Privacy Act notice and to include user profiles for electronic funds transfers (EFT). The system of records will also be renamed ``COMMERCE/PAT-TM-10 Deposit Accounts and Electronic Funds Transfer Profiles.'' We invite the public to comment on the amendments noted in this publication.
Admittance To Practice and Roster of Registered Patent Attorneys and Agents Admitted To Practice Before the United States Patent and Trademark Office (USPTO)
Document Number: E6-10085
Type: Notice
Date: 2006-06-27
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)).
Changes to Practice for Petitions in Patent Applications To Make Special and for Accelerated Examination
Document Number: E6-10022
Type: Notice
Date: 2006-06-26
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has established procedures under which the examination of a patent application may be accelerated. Under one of these procedures, the USPTO will advance an application out of turn for examination if the applicant files a grantable petition to make special under the accelerated examination program. The USPTO is revising its procedures for applications made special under the accelerated examination program with the goal of completing examination within twelve months of the filing date of the application. The USPTO is similarly revising the procedures for other petitions to make special, except those based on applicant's health or age or the recently announced Patent Prosecution Highway (PPH) pilot program between the USPTO and the Japan Patent Office.
Request for Comments on Removal of Paper Search Collection of Marks That Include Design Elements
Document Number: E6-9958
Type: Notice
Date: 2006-06-23
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') requests comments on a modified plan to remove the paper search collection of marks that include design elements from the USPTO's Trademark Search Facility and replace them with electronic documents. The USPTO has determined that the paper search collection is no longer necessary due to the availability and reliability of the USPTO's electronic search system.
Grant of Interim Extension of the Term of U.S. Patent No. 4,826,811; PolyHeme® (Acellular Red Blood Cell Substitute)
Document Number: E6-9767
Type: Notice
Date: 2006-06-21
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 fourth one-year interim extension of the term of U.S. Patent No. 4,826,811.
Grant of Interim Extension of the Term of U.S. Patent No. 4,850,962; Esteem (Totally Implantable Hearing System)
Document Number: E6-9494
Type: Notice
Date: 2006-06-16
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. 4,850,962.
Grant of Interim Extension of the Term of U.S. Patent No. 4,585,597; ANTHÉLIOS SP (HELIOBLOCK SX Cream) (Mexoryl SX (Ecamsule))
Document Number: E6-9490
Type: Notice
Date: 2006-06-16
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 fourth one-year interim extension of the term of U.S. Patent No. 4,585,597.
Grant of Interim Extension of the Term of U.S. Patent No. 4,591,585; atamestane
Document Number: E6-9489
Type: Notice
Date: 2006-06-16
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. 4,591,585.
Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures
Document Number: E6-9343
Type: Notice
Date: 2006-06-15
Agency: Patent and Trademark Office, Department of Commerce
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)).
Request for Comments on Interim Guidelines for Examination of Patent Applications for Patent Subject Matter Eligibility
Document Number: E6-9300
Type: Notice
Date: 2006-06-14
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 published a notice requesting comments from the public regarding these interim examination guidelines. The USPTO is extending the period for comment on these interim examination guidelines. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before July 31, 2006. No public hearing will be held.
Invention Promoters/Promotion Firms Complaints
Document Number: E6-9173
Type: Notice
Date: 2006-06-13
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 Patent Fees for Fiscal Year 2007
Document Number: E6-8682
Type: Proposed Rule
Date: 2006-06-05
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (referred to as ``we'', ``us'', or ``our'' in this document) is proposing to adjust certain patent fee amounts to reflect fluctuations in the Consumer Price Index (CPI). Also, we are proposing to adjust, by a corresponding amount, a few patent fees that track the affected fees. The Director is authorized to adjust these fees annually by the CPI to recover the higher costs associated with doing business. We are proposing to adjust the patent fees under the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), which revised certain patent fees, and provided for a search fee and examination fee that are separate from the filing fee, during fiscal years 2005 and 2006. Legislation has been introduced in the Congress that would extend the fee revisions in the Consolidated Appropriations Act. If, for any period during fiscal year 2007, the fee revisions in the Consolidated Appropriations Act are not in effect, then the fee adjustment would apply to the former fee amounts that were in place on October 1, 2004, to December 7, 2004, prior to the enactment of the Consolidated Appropriations Act.
Patent Processing (Updating)
Document Number: E6-8241
Type: Notice
Date: 2006-05-30
Agency: Patent and Trademark Office, Department of Commerce
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)).
Patent Prosecution Highway (PPH) Pilot Program
Document Number: E6-7737
Type: Notice
Date: 2006-05-22
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 new information 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: E6-7484
Type: Notice
Date: 2006-05-17
Agency: Department of Commerce, Patent and Trademark Office
Request for Comments on Patents Search Templates
Document Number: E6-7424
Type: Notice
Date: 2006-05-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has developed and published patent search templates. Search templates define the field of search, search tools, and search methodologies that should be considered each time a patent application is examined in a particular classification. The USPTO is inviting public comment on the search templates.
Submission for OMB Review; Comment Request
Document Number: E6-6652
Type: Notice
Date: 2006-05-03
Agency: Patent and Trademark Office, Department of Commerce
Customer Panel Quality Survey
Document Number: E6-5929
Type: Notice
Date: 2006-04-20
Agency: Patent and Trademark Office, Department of Commerce
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 this new information 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: E6-5721
Type: Notice
Date: 2006-04-18
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Changes to Eliminate the Disclosure Document Program
Document Number: E6-4833
Type: Proposed Rule
Date: 2006-04-06
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) implemented the Disclosure Document Program in 1969 in order to provide an alternative form of evidence of conception of an invention to, for example, a ``self-addressed envelope'' containing a disclosure of an invention. It appears, however, that few, if any, inventors obtain any actual benefit from a disclosure document, and some inventors who use the Disclosure Document Program believe that they are actually filing an application for a patent. In addition, a provisional application for patent affords better benefits and protection to inventors than a disclosure document. Therefore, the Office is proposing to eliminate the Disclosure Document Program. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before May 8, 2006. No public hearing will be held.
Grant of Interim Extension of the Term of U.S. Patent No. 4,585,597; ANTHÉLIOS ®
Document Number: E6-4832
Type: Notice
Date: 2006-04-04
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. 4,585,597.
Grant of Interim Extension of the Term of U.S. Patent No. 4,585,770; ZILMAX® (Zilpaterol Hydrochloride)
Document Number: E6-4831
Type: Notice
Date: 2006-04-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued certificates under 35 U.S.C. 156(d)(5) for three one-year interim extensions of the term of U.S. Patent No. 4,585,770.
Revisions and Technical Corrections Affecting Requirements for Ex Parte
Document Number: 06-2962
Type: Proposed Rule
Date: 2006-03-30
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing changes to the rules of practice relating to ex parte and inter partes reexamination. The Office is proposing to provide for a patent owner reply to a request for an ex parte reexamination or an inter partes reexamination prior to the examiner's decision on the request. The Office is also proposing to prohibit supplemental patent owner responses to an Office action in an inter partes reexamination without a showing of sufficient cause. The Office additionally proposes to designate the correspondence address for the patent as the correct address for all communications for patent owners in an ex parte reexamination or an inter partes reexamination, and to simplify the filing of reexamination papers by providing for the use of a single ``mail stop'' address for the filing of substantially all ex parte reexamination papers (such is already the case for inter partes reexamination papers). The Office is further proposing to make miscellaneous clarifying changes as to terminology and applicability of the reexamination rules. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before May 30, 2006. No public hearing will be held.
Miscellaneous Changes to Trademark Trial and Appeal Board Rules
Document Number: 06-2875
Type: Proposed Rule
Date: 2006-03-27
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is reopening the comment period for proposed changes to certain rules affecting practice before the Trademark Trial and Appeal Board that were published in the Federal Register January 17, 2006. Interested members of the public are invited to submit written comments on these proposed changes by the new deadline for comments.
Public Advisory Committees
Document Number: E6-3707
Type: Notice
Date: 2006-03-15
Agency: Department of Commerce, Patent and Trademark Office
On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ``Act''), Pub. L. 106-113, Appendix I, Title IV, Subtitle G, 113 Stat. 1501A-572, which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters. The USPTO is requesting nominations for three (3) members to each Public Advisory Committee for terms of three years that begin from date of appointment.
Submission for OMB Review; Comment Request
Document Number: E6-3562
Type: Notice
Date: 2006-03-14
Agency: Department of Commerce, Patent and Trademark Office
Event Planning
Document Number: E6-3561
Type: Notice
Date: 2006-03-14
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 this new information 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: E6-3503
Type: Notice
Date: 2006-03-13
Agency: Department of Commerce, Patent and Trademark Office
Changes To Implement the Patent Search Fee Refund Provisions of the Consolidated Appropriations Act, 2005
Document Number: 06-2333
Type: Rule
Date: 2006-03-10
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 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 claims fee and the search fee in certain situations. This final rule revises 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.
Submission for OMB Review; Comment Request
Document Number: E6-2966
Type: Notice
Date: 2006-03-02
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E6-2965
Type: Notice
Date: 2006-03-02
Agency: Department of Commerce, Patent and Trademark Office
Clarification of Filing Date Requirements for Ex Parte and Inter Partes Reexamination Proceedings
Document Number: 06-1678
Type: Rule
Date: 2006-02-23
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is revising the rules of practice relating to the filing date requirements for ex parte and inter partes reexamination proceedings for consistency with the provisions of the patent statute governing ex parte and inter partes reexamination proceedings. The Office is specifically revising the rules to require that a request for ex parte reexamination or for inter partes reexamination must meet all the applicable statutory requirements before a filing date is accorded to the request for ex parte reexamination or for inter partes reexamination.