Patent and Trademark Office 2007 – Federal Register Recent Federal Regulation Documents

Change in Publication Format of Patent and Trademark Office Notices and Changes in Display of Patent and Trademark Office Notices in Electronic Official Gazette
Document Number: E7-24961
Type: Notice
Date: 2007-12-26
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is discontinuing the separate weekly publication in paper form of Patent and Trademark Office notices, and the annual publication in paper form of the consolidated listing of notices pertaining to USPTO practices and procedures. In addition, notice is hereby given that the weekly electronic Official Gazette of the United States Patent and Trademark OfficePatents (the eOG:P) will display the Patent and Trademark Office notices with volume/page numbers, and the last weekly eOG:P of each calendar year will include the annual publication of consolidated notices pertaining to USPTO practices and procedures.
Submission for OMB Review; Comment Request
Document Number: E7-23115
Type: Notice
Date: 2007-11-28
Agency: Department of Commerce, Patent and Trademark Office
Patent Prosecution Highway (PPH) Pilot Program
Document Number: E7-22541
Type: Notice
Date: 2007-11-19
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 comment on the proposed addition to this continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Post Registration (Trademark Processing)
Document Number: E7-21501
Type: Notice
Date: 2007-11-01
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 proposed addition to this 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: E7-21500
Type: Notice
Date: 2007-11-01
Agency: Department of Commerce, Patent and Trademark Office
Changes in the Requirement for a Description of the Mark in Trademark Applications
Document Number: E7-21075
Type: Proposed Rule
Date: 2007-10-25
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') proposes to amend the Rules of Practice in Trademark Cases to require a description of the mark in all applications to register a mark not in standard characters.
Performance Review Board (PRB)
Document Number: E7-20570
Type: Notice
Date: 2007-10-18
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. 4,971,802; MIFAMURTIDE
Document Number: E7-20372
Type: Notice
Date: 2007-10-16
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. 4,971,802.
Native American Tribal Insignia Database
Document Number: E7-20136
Type: Notice
Date: 2007-10-12
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 continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
April 2007 Revision of Patent Cooperation Treaty Procedures
Document Number: E7-19960
Type: Rule
Date: 2007-10-11
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) published a final rule in the Federal Register of September 10, 2007, revising the rules of practice in title 37 of the Code of Federal Regulations (CFR) to conform them to certain amendments made to the Regulations under the Patent Cooperation Treaty (PCT) that took effect on April 1, 2007. This document corrects errors in that final rule.
Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co.
Document Number: E7-19973
Type: Notice
Date: 2007-10-10
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is publishing examination guidelines for determining obviousness under 35 U.S.C. 103 in view of the Supreme Court decision in KSR International Co. v. Teleflex Inc. These guidelines will assist USPTO personnel to make a proper determination of obviousness under 35 U.S.C. 103 and to provide an appropriate supporting rationale.
Submission for OMB Review; Comment Request
Document Number: E7-19793
Type: Notice
Date: 2007-10-09
Agency: Department of Commerce, Patent and Trademark Office
Revision of Patent Fees for Fiscal Year 2007
Document Number: E7-19326
Type: Rule
Date: 2007-09-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) published a final rule in the Federal Register of August 22, 2007, adjusting patent fees for fiscal year 2007 to reflect fluctuations in the Consumer Price Index (CPI). This document corrects errors in that final rule.
Submission for OMB Review; Comment Request
Document Number: E7-18739
Type: Notice
Date: 2007-09-24
Agency: Department of Commerce, Patent and Trademark Office
Electronic Response to Office Action and Preliminary Amendment Forms
Document Number: E7-18567
Type: Notice
Date: 2007-09-20
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 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: E7-18334
Type: Notice
Date: 2007-09-18
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E7-18333
Type: Notice
Date: 2007-09-18
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E7-18326
Type: Notice
Date: 2007-09-18
Agency: Department of Commerce, Patent and Trademark Office
April 2007 Revision of Patent Cooperation Treaty Procedures
Document Number: E7-17711
Type: Rule
Date: 2007-09-10
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is revising the rules of practice in title 37 of the Code of Federal Regulations (CFR) to conform them to certain amendments made to the Regulations under the Patent Cooperation Treaty (PCT) that took effect on April 1, 2007. These amendments result in the addition of a mechanism to the PCT system whereby applicants may request that the right to claim priority be restored in applications that meet certain requirements. In addition, these amendments provide a means for applicants to insert a missing portion of an international application without the loss of the international filing date. These amendments also clarify the circumstances and procedures under which the correction of an obvious mistake may be made in an international application. Finally, the Office is revising the search fee for international applications.
Revision of Patent Fees for Fiscal Year 2007
Document Number: E7-16574
Type: Rule
Date: 2007-08-22
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) (referred to as ``Office'' in this notice) is adjusting certain patent fee amounts to reflect fluctuations in the Consumer Price Index (CPI). Also, the Office is adjusting, by a corresponding amount, a few patent fee rates that track the affected fee amounts. The Director is authorized to adjust these fee amounts annually by the CPI to recover the higher costs associated with doing business. The USPTO is adjusting the patent fee amounts under the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), which revised certain patent fee rates, and provided for a search fee and examination fee separate from the filing fee, during fiscal years 2005 and 2006; and continued in fiscal year 2007 under the revised Continuing Appropriations Resolution, 2007 (Continuing Appropriations Resolution). Legislation has been introduced that would extend the fee rate revisions in the Consolidated Appropriations Act. In the event legislation is not enacted to continue the patent fee amounts under the Consolidated Appropriations Act, the USPTO will be adjusting patent statutory fee rates that were in application prior to implementation of the Consolidated Appropriations Act. The prior fee rates, adjusted for CPI, will be effective for fiscal year 2008.
Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications
Document Number: E7-15565
Type: Rule
Date: 2007-08-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is revising the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications. The Office is revising the rules of practice to require that any third or subsequent continuing application that is a continuation application or a continuation-in-part application, and any second or subsequent request for continued examination in an application family, be filed to obtain consideration of an amendment, argument, or evidence, and be supported by a showing as to why the amendment, argument, or evidence sought to be entered could not have been previously submitted. The Office is also revising the rules of practice to provide that an applicant must provide an examination support document that covers all of the claims in an application if the application contains more than five independent claims or more than twenty-five total claims. The Office is also revising the rules of practice with respect to multiple applications that have the same claimed filing or priority date, substantial overlapping disclosure, a common inventor, and common ownership. These changes will allow the Office to conduct a better and more thorough and reliable examination of patent applications.
Examination of Patent Applications That Include Claims Containing Alternative Language
Document Number: E7-15591
Type: Proposed Rule
Date: 2007-08-10
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 any claim using alternative language to claim one or more species. The search and examination of such claims often consume a disproportionate amount of Office resources as compared to other types of claims, because determining the patentability of these claims often requires a separate examination of each of the alternatives within the claims. The Office expects that requiring applicants who choose to draft claims that read on multiple species using alternative language to maintain a certain degree of relatedness among the alternatives will enable the Office to do a more thorough and more reliable examination of such claims.
Privacy Act of 1974; System of Records
Document Number: E7-14865
Type: Notice
Date: 2007-08-01
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-20 Customer Call Center, Assistance and Satisfaction Survey Records.'' We invite the public to comment on the system announced in this publication.
Miscellaneous Changes to Trademark Trial and Appeal Board Rules
Document Number: E7-14702
Type: Rule
Date: 2007-08-01
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is amending the Trademark Rules of Practice (trademark rules) to require plaintiffs in Trademark Trial and Appeal Board (Board) inter partes proceedings to serve on defendants their complaints or claims; to utilize in Board inter partes proceedings a modified form of the disclosure practices included in the Federal Rules of Civil Procedure; and to delete the option of making submissions to the Board in CD-ROM form. In addition, certain amendments are being made to clarify rules, conform the rules to current practice, and correct typographical errors or deviations from standard terminology.
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
Document Number: E7-14645
Type: Proposed Rule
Date: 2007-07-30
Agency: Department of Commerce, Patent and Trademark Office
The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office proposes changes to the rules governing practice before the Board of Patent Appeals and Interferences in ex parte patent appeals. The changes are needed to permit the Board to handle an increasing number of ex parte appeals in a timely manner. The proposed rules seek to provide examiners and Office reviewers with a clear and complete statement of an appellant's position at the time of filing an appeal brief so as to enhance the likelihood that appealed claims will be allowed without the necessity of further proceeding with the appeal, minimize the pendency of appeals before the Office, minimize the need for lengthy patent term adjustments in cases where claims become allowable as a result of an action by the Board in an appeal, provide uniform treatment of requests for an extension of time filed after an appeal brief is filed, and make the decision-making process more efficient.
Submission for OMB Review; Comment Request
Document Number: E7-14542
Type: Notice
Date: 2007-07-27
Agency: Patent and Trademark Office, Department of Commerce
External Quality Metrics Surveys
Document Number: E7-14271
Type: Notice
Date: 2007-07-24
Agency: Patent and Trademark Office, Department of Commerce
The Patent and Trademark Office, 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)).
Notice of the Removal of the Paper Search Collection of Registered Marks That Include Design Elements from Trademark Search Library in Arlington, VA
Document Number: E7-12498
Type: Notice
Date: 2007-06-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') hereby provides notice of the microfilming and removal of the paper search collection of trademark registrations that include design elements from the USPTO's Trademark Search Facility in Arlington, Virginia.
Patent Term Extension
Document Number: E7-12410
Type: Notice
Date: 2007-06-27
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)).
Agency information collection activities; proposals, submissions, and approvals
Document Number: E7-12005
Type: Notice
Date: 2007-06-21
Agency: Patent and Trademark Office, Department of Commerce
Public Advisory Committees
Document Number: E7-11918
Type: Notice
Date: 2007-06-20
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.
United States Patent Applicant Survey
Document Number: E7-10672
Type: Notice
Date: 2007-06-04
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 take this opportunity to comment on the extension 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)).
Grant of Interim Extension of the Term of U.S. Patent No. 4,927,855; NUVIGIL(TM)
Document Number: E7-10084
Type: Notice
Date: 2007-05-24
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. 4,927,855.
Patent Public Advisory Strategic Planning Survey
Document Number: E7-10042
Type: Notice
Date: 2007-05-24
Agency: Department of Commerce, Patent and Trademark Office
The Patent and Trademark Office, Patent Public Advisory Committee, 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)).
Trademark Trial and Appeal Board (TTAB) Actions
Document Number: E7-10041
Type: Notice
Date: 2007-05-24
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)).
International Trademark Classification Changes
Document Number: E7-9764
Type: Rule
Date: 2007-05-22
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) issues a 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 became effective January 1, 2007, and are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (9th ed., 2006), which is published by the World Intellectual Property Organization (WIPO). In addition, the Office is amending some punctuation and spelling in certain wording so the wording conforms to what appears in the Nice Agreement.
Submission for OMB Review; Comment Request
Document Number: E7-8883
Type: Notice
Date: 2007-05-09
Agency: Department of Commerce, U.s. Patent and Trademark Office, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E7-8456
Type: Notice
Date: 2007-05-03
Agency: Department of Commerce, Patent and Trademark Office
Request for Comments on International Efforts To Harmonize Substantive Requirements of Patent Laws
Document Number: E7-8416
Type: Notice
Date: 2007-05-03
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is seeking comments to obtain the views of the public on international efforts to harmonize substantive requirements of patent laws, and any potential subsequent changes to United States law and practice. Comments may be offered on any aspect of these efforts.
Submission for OMB Review; Comment Request
Document Number: E7-7250
Type: Notice
Date: 2007-04-17
Agency: Patent and Trademark Office, Department of Commerce
Revisions and Technical Corrections Affecting Requirements for Ex Parte
Document Number: E7-7202
Type: Rule
Date: 2007-04-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is revising the rules of practice relating to ex parte and inter partes reexamination. The Office is designating 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 simplifying 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 revising the rules to prohibit supplemental patent owner responses to an Office action in an inter partes reexamination proceeding without a showing of sufficient cause. Finally, the Office is making miscellaneous clarifying changes as to terminology and applicability of the reexamination rules. The Office is not implementing its proposal (that was set forth in the proposed rule making) to newly provide for a patent owner reply to a request for reexamination, prior to the Office's decision on the request.
Correspondence With the Madrid Processing Unit of the United States Patent and Trademark Office
Document Number: E7-7116
Type: Rule
Date: 2007-04-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) revises the rules of practice to change the address for correspondence with the Madrid Processing Unit of the Office. The Office relocated to Alexandria, Virginia, in 2004, and hereby changes the address for correspondence with the Office relating to filings pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks to an Alexandria, Virginia address.
Submission for OMB Review; Comment Request
Document Number: E7-6735
Type: Notice
Date: 2007-04-10
Agency: Department of Commerce, Patent and Trademark Office
Patent and Trademark Financial Transactions
Document Number: E7-6731
Type: Notice
Date: 2007-04-10
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)).
Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar®
Document Number: E7-6698
Type: Notice
Date: 2007-04-10
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. 4,650,787.
Submission for OMB Review; Comment Request
Document Number: E7-5137
Type: Notice
Date: 2007-03-21
Agency: United States Patent and Trademark Office, Patent and Trademark Office, Department of Commerce
Notice of the Removal of the Paper Search Collection of Registered Word-Only Marks From Trademark Search Library in Arlington, VA
Document Number: E7-3853
Type: Notice
Date: 2007-03-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') hereby provides sixty (60) days notice of the microfilming and removal of the paper search collection of registered marks consisting only of words from the USPTO's Trademark Search Facility in Arlington, VA. This Notice does not concern the paper search collection of registered marks that consist of or include design elements.
Changes to Representation of Others Before the United States Patent and Trademark Office
Document Number: 07-800
Type: Proposed Rule
Date: 2007-02-28
Agency: Department of Commerce, Patent and Trademark Office
In December 2003, the United States Patent and Trademark Office (Office) proposed amendments to, inter alia, the rules governing disciplinary proceedings for attorneys and agents who practice before the Office, principally rules 11.2, 11.3, 11.5, and 11.14 through 11.62. One hundred fifty-seven written comments were received. After reviewing the written comments, the Office has decided to revise several of the rules as then proposed and request additional comments on those revised proposals. Other proposed rules contained in the earlier Notice of Proposed Rule making remain under consideration by the Office. This supplemental notice of proposed rule making sets forth revisions that the Office is proposing to the rules governing the conduct of investigations and disciplinary proceedings. Interested individuals are invited to comment on the proposed revisions in the rules.
Practitioner Records Maintenance, Disclosure, and Discipline Before the Patent and Trademark Office
Document Number: E7-3209
Type: Notice
Date: 2007-02-26
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 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)).
Submission for OMB Review; Comment Request
Document Number: E7-3182
Type: Notice
Date: 2007-02-26
Agency: Patent and Trademark Office, Department of Commerce