Patent and Trademark Office November 2015 – Federal Register Recent Federal Regulation Documents

Submission for OMB Review; Comment Request; Practitioner Conduct and Discipline
Document Number: 2015-29644
Type: Notice
Date: 2015-11-20
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request; “Madrid Protocol”
Document Number: 2015-29525
Type: Notice
Date: 2015-11-19
Agency: Department of Commerce, Patent and Trademark Office
Proposed Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board; Reopening of Period for Comments
Document Number: 2015-28108
Type: Proposed Rule
Date: 2015-11-03
Agency: Department of Commerce, Patent and Trademark Office
The Leahy-Smith America Invents Act (AIA) provided for new administrative trial proceedings before the Patent Trial and Appeal Board (Board). The United States Patent and Trademark Office (USPTO) issued a number of final rules and a trial practice guide in August and September of 2012 to implement the new administrative trial provisions of the AIA. The USPTO published a request for comments in the Federal Register on June 27, 2014, seeking public comment on all aspects of the new administrative trial proceedings, including the administrative trial proceeding rules and trial practice guide. In response to comments received by the public, the USPTO issued a first, final rule, which was published on May 19, 2015. That final rule addressed issues concerning the patent owner's motion to amend and the petitioner's reply brief that involved ministerial changes. The USPTO issued a second, proposed rule that addresses more involved proposed changes to the rules concerning the claim construction standard for AIA trials, new testimonial evidence submitted with a patent owner's preliminary response, Rule 11-type certification, and word count for major briefing. The USPTO is now extending the period for public comment on the second, proposed rule until November 18, 2015.