Patent and Trademark Office 2016 – Federal Register Recent Federal Regulation Documents

Extension of the Extended Missing Parts Pilot Program
Document Number: 2016-30733
Type: Notice
Date: 2016-12-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) implemented a pilot program (Extended Missing Parts Pilot Program) in which an applicant, under certain conditions, can request a 12-month time period to pay the search fee, the examination fee, any excess claim fees, and the surcharge (for the late submission of the search fee and the examination fee) in a nonprovisional application. The Extended Missing Parts Pilot Program benefits applicants by permitting additional time to determine if patent protection should be soughtat a relatively low costand by permitting applicants to focus efforts on commercialization during this period. The Extended Missing Parts Pilot Program benefits the USPTO and the public by adding publications to the body of prior art, and by removing from the USPTO's workload those nonprovisional applications for which applicants later decide not to pursue examination. While the USPTO has not yet completed its evaluation of the program, the number of participants in the program over the past several years indicates that there may be sufficient benefits to the patent community. Thus, the USPTO is extending the Extended Missing Parts Pilot Program until January 2, 2018, to allow the USPTO to continue its evaluation of the pilot program. The requirements of the program have not changed.
Submission for OMB Review; Comment Request; Secrecy and License To Export
Document Number: 2016-30506
Type: Notice
Date: 2016-12-20
Agency: Department of Commerce, Patent and Trademark Office
Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice; Correction
Document Number: 2016-29728
Type: Rule
Date: 2016-12-12
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office published in the Federal Register on October 7, 2016 a final rule, which will become effective on January 14, 2017, revising the Rules of Practice before the Trademark Trial and Appeal Board. This document corrects errors in certain cross-references, clarifies the manner of testimony taken in a foreign country and the process in depositions upon written questions, and reincorporates the time frames for cross appeals and cross actions in that rule.
Native American Tribal Insignia Database
Document Number: 2016-29095
Type: Notice
Date: 2016-12-05
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, (44 U.S.C. 3506(c)(2)(A), is proposing an extension of an existing information collection; the Native American Tribal Insignia Database.
Submission for OMB Review; Comment Request; Deposit of Biological Materials
Document Number: 2016-28481
Type: Notice
Date: 2016-11-28
Agency: Department of Commerce, Patent and Trademark Office
National Telecommunications and Information Administration; Notice of Public Meeting on Developing the Digital Marketplace for Copyrighted Works
Document Number: 2016-27934
Type: Notice
Date: 2016-11-21
Agency: Department of Commerce, Patent and Trademark Office
The Department of Commerce's Internet Policy Task Force (Task Force) will hold a conference at the United States Patent and Trademark Office (USPTO) facility in Alexandria, Virginia, on December 9, 2016, to discuss current initiatives and technologies used to develop a more robust and collaborative digital marketplace for copyrighted works and to consider ways forward to help achieve that result. This follows up on an earlier public meeting held by the Task Force on April 1, 2015, which focused on how the Government can assist in facilitating the development and use of standard identifiers for all types of works of authorship.
Request for Comments and Notice of Public Meeting on a Preliminary Draft Convention on the Recognition and Enforcement of Foreign Judgments Currently Being Negotiated at The Hague Conference on Private International Law
Document Number: 2016-27799
Type: Notice
Date: 2016-11-18
Agency: Department of Commerce, Patent and Trademark Office
The Hague Conference on Private International Law (``The Hague Conference''), an international organization in the Netherlands, is sponsoring negotiations for a convention on the recognition and enforcement of foreign judgments in civil and commercial matters. In February 2016, the Council on General Affairs and Policy of The Hague Conference created a Special Commission on the Recognition and Enforcement of Foreign Judgments (``the Special Commission'') to prepare a preliminary draft text of the convention, which is subject to a formal diplomatic negotiation open to member States of The Hague Conference. At its first session in June 2016, the Special Commission produced a Preliminary Draft Convention that contains general and specific provisions that would apply to the recognition and enforcement of judgments arising from transnational intellectual property disputes. The United States Patent and Trademark Office (USPTO) seeks public comments on the June 2016 Preliminary Draft Convention (the ``Preliminary Draft'') as it relates to intellectual property matters. To assist the USPTO in determining the best way to address this topic, the USPTO will host a public meeting to obtain public input. The meeting will be open to the public and will provide a forum for discussion of the questions identified in this notice. Written comments in response to the questions set forth in this notice also are requested.
Notice of Roundtables and Request for Comments Related to Patent Subject Matter Eligibility; Addition of USPTO HQ Location for Roundtable 2
Document Number: 2016-27279
Type: Notice
Date: 2016-11-14
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office publishes this notice to announce that interested persons may participate at the USPTO's Alexandria, VA office for its Roundtable to be held on December 5, 2016.
Trademark Fee Adjustment; Correction
Document Number: 2016-26684
Type: Rule
Date: 2016-11-07
Agency: Department of Commerce, Patent and Trademark Office
This document contains corrections to tables included in the preamble of the final rule implementing changes to trademark fees published in the Federal Register of Friday, October 21, 2016.
International Trademark Classification Changes
Document Number: 2016-26682
Type: Rule
Date: 2016-11-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) 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 are effective January 1, 2017, and are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (11th ed., ver. 2017), which is published by the World Intellectual Property Organization (WIPO).
Revival of Abandoned Applications, Reinstatement of Abandoned Applications and Cancelled or Expired Registrations, and Petitions to the Director
Document Number: 2016-26035
Type: Proposed Rule
Date: 2016-10-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) proposes to amend its rules regarding petitions to revive an abandoned application and petitions to the Director of the USPTO (Director) regarding other matters, and to codify USPTO practice regarding requests for reinstatement of abandoned applications and cancelled or expired registrations. The proposed changes will permit the USPTO to provide more detailed procedures regarding the deadlines and requirements for requesting revival, reinstatement, or other action by the Director. These rules will thereby ensure that the public has notice of the deadlines and requirements for making such requests, facilitate the efficient and consistent processing of such requests, and promote the integrity of application/registration information in the trademark electronic records system as an accurate reflection of the status of applications and registrations.
Revision of the Duty To Disclose Information in Patent Applications and Reexamination Proceedings
Document Number: 2016-25966
Type: Proposed Rule
Date: 2016-10-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or PTO) is proposing revisions to the materiality standard for the duty to disclose information in patent applications and reexamination proceedings (duty of disclosure) in light of a 2011 decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit). The Office previously issued a notice of proposed rulemaking on July 21, 2011, and due to the passage of time since the comment period closed in 2011, the Office considers it appropriate to seek additional comments from our stakeholders before issuing a final rulemaking. In the current notice of proposed rulemaking, the Office is seeking public comments on the rules of practice, as revised in response to the comments received from our stakeholders.
Standard ST.26-Request for Comments on the Recommended Standard for the Presentation of Nucleotide and Amino Acid Sequence Listings Using XML (eXtensible Markup Language)
Document Number: 2016-25968
Type: Notice
Date: 2016-10-27
Agency: Department of Commerce, Patent and Trademark Office
Patent applications that contain disclosures of nucleotide and/or amino acid sequences must contain sequence information in a separate part of the disclosure in a specified manner. The United States Patent and Trademark Office (Office) is seeking additional comments to obtain views of the public on the continuing international effort to revise the World Intellectual Property Organization (WIPO) standard for the presentation of nucleotide and/or amino acid sequences and the consequent changes to the United States rules of practice. The revised standard will be known as WIPO Standard ST.26. An interim version of WIPO Standard ST.26 was adopted in March 2016 by the Committee on WIPO Standards (CWS), but has not been implemented pending further consideration by the CWS. Since the adoption of the interim version, efforts have been undertaken to finalize WIPO Standard ST.26 and to improve its effectiveness once implemented. One aspect of that continuing effort is a proposed guidance document annex, which will include a variety of sequence disclosure examples, to ensure understanding and uniform application of standard requirements. Comments may be offered on any aspect of this effort, and in particular, (a) the comprehensiveness and clarity of WIPO Standard ST.26 and the proposed guidance document annex, and (b) the proposed authoring/validation tool for creation of a sequence listing in XML.
Submission for OMB Review; Comment Request; Patent Term Extension
Document Number: 2016-25951
Type: Notice
Date: 2016-10-27
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request; Post Allowance and Refiling
Document Number: 2016-25950
Type: Notice
Date: 2016-10-27
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request; Patent Law Treaty
Document Number: 2016-25949
Type: Notice
Date: 2016-10-27
Agency: Department of Commerce, Patent and Trademark Office
Trademark Fee Adjustment
Document Number: 2016-25506
Type: Rule
Date: 2016-10-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) is amending its rules to set or increase certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA). The fees will allow the Office to further USPTO strategic objectives by: Better aligning fees with the full cost of the relevant products and services; protecting the integrity of the register by incentivizing more timely filing or examination of applications and other filings and more efficient resolution of appeals and trials; and promoting the efficiency of the process, in large part through lower-cost electronic filing options. The changes will also continue to recover the aggregate estimated cost of Trademark and Trademark Trial and Appeal Board (TTAB) operations and USPTO administrative services that support Trademark operations.
Notice of Roundtables and Request for Comments Related to Patent Subject Matter Eligibility
Document Number: 2016-24888
Type: Notice
Date: 2016-10-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') seeks public input on patent subject matter eligibility in view of recent decisions by the Supreme Court and Court of Appeals for the Federal Circuit. The USPTO remains interested in feedback from members of the public to improve the USPTO's existing subject matter eligibility guidance and training examples. The USPTO is also interested in facilitating a discussion among members of the public regarding the legal contours of eligible subject matter in the U.S. patent system. The USPTO will be facilitating these discussions by hosting two roundtable events. The first roundtable will be directed to receiving feedback from members of the public to improve the USPTO's existing subject matter eligibility guidance and training examples. The second roundtable will be focused on receiving feedback regarding larger questions concerning the legal contours of eligible subject matter in the U.S. patent system. The roundtables will provide a forum for discussion of the topics identified in this notice.
Secrecy and License To Export
Document Number: 2016-24592
Type: Notice
Date: 2016-10-12
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 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)).
Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice
Document Number: 2016-23092
Type: Rule
Date: 2016-10-07
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'' or ``Office'') is amending the Trademark Rules of Practice (``Trademark Rules'' or ``Rules''), in particular the rules pertinent to practice before the Trademark Trial and Appeal Board (``Board''), to benefit the public by providing for more efficiency and clarity in inter partes and ex parte proceedings. Certain amendments are directed to reducing the burden on the parties, to conforming the rules to current practice, to updating references that have changed, to reflecting technologic changes, and to ensuring the usage of standard, current terminology. This final rule also furthers strategic objectives of the Office to increase end-to-end electronic processing.
Setting and Adjusting Patent Fees During Fiscal Year 2017
Document Number: 2016-23093
Type: Proposed Rule
Date: 2016-10-03
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). The USPTO is a business- like operation where external factors affect the productivity of the workforce and the demand for patent products and services. The proposed fee adjustments are needed to provide the Office with a sufficient amount of aggregate revenue to recover its aggregate cost of patent operations (based on current projections), while maintaining momentum towards achieving strategic goals. This rulemaking represents the second iteration of patent fee rulemaking by the USPTO to set fees under the authority of the AIA; the first AIA patent fee setting rule was published in January 2013. This current rulemaking is a result of the USPTO assessing its costs and fees, as is consistent with federal fee setting standards. Following a biennial review of fees, costs, and revenues that began in 2015, the Office concluded that further targeted fee adjustments were necessary to continue funding patent operations, enhance patent quality, and continue to work toward patent pendency goals, strengthen the Office's information technology (IT) capability and infrastructure, and achieve operating reserve targets. Further, in several instances, the fee change proposals offered during the biennial fee review process were enhanced by the availability of cost and workload data (e.g., the number of requests for a service) that was not available in 2013. As a result, the 205 proposed fee adjustments outlined in this proposed rule align directly with the Office's strategic goals and four key fee setting policy factors, discussed in detail in Part V.
Submission for OMB Review; Comment Request, Pro Bono Survey; Correction
Document Number: 2016-22683
Type: Notice
Date: 2016-09-21
Agency: Patent and Trademark Office, Department of Commerce
The United States Patent and Trademark Office published a document in the Federal Register on August 22, 2016, concerning requests for comments on a Pro Bono Survey. The Pro Bono Survey is used by the Pro Bono Advisory Council (PBAC) and the USPTO to provide information to the USPTO regarding the current status and effectiveness of each region's pro bono hub. The document contained an incorrect cost burden based on the estimate of the hourly burden rate. The hourly rate estimate should use the Bureau of Labor Statistics hourly wage for lawyers instead of the American Intellectual Property Law Association hourly wage for intellectual property lawyers.
National Medal of Technology and Innovation Nomination Evaluation Committee Meeting
Document Number: 2016-21871
Type: Notice
Date: 2016-09-09
Agency: Department of Commerce, Patent and Trademark Office
The National Medal of Technology and Innovation (NMTI) Nomination Evaluation Committee will meet in closed session on September 9, 2016. The primary purpose of the meeting is to discuss the relative merits of persons, teams, and companies nominated for the 2015 NMTI.
Performance Review Board (PRB)
Document Number: 2016-21434
Type: Notice
Date: 2016-09-07
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.
USPTO Cancer Moonshot Challenge
Document Number: 2016-21349
Type: Notice
Date: 2016-09-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) publishes this notice to announce the Cancer Moonshot Challenge, which was launched on August 22, 2016, to enlist the public's help to leverage the USPTO's intellectual property data, often an early indicator of meaningful research and development, and combine it with other economic and funding data. This challenge supports the goals and objectives of the National Cancer Moonshot, a Presidential initiative to speed up cancer advances, make more therapies available to more patients, and improve the ability to prevent cancer and detect it at an early stage. This notice provides the public with information on participation and application requirements for the challenge, including the judging criteria, submission requirements, and rules of eligibility.
Request for Comments on the Extended Missing Parts Pilot Program
Document Number: 2016-21306
Type: Notice
Date: 2016-09-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has a pilot program (Extended Missing Parts Pilot Program) in which an applicant, under certain conditions, can request a 12-month time period to pay the search fee, the examination fee, any excess claim fees, and the surcharge (for the late submission of the search fee and the examination fee) in a nonprovisional application. The Extended Missing Parts Pilot Program is currently set to expire on December 31, 2016. The USPTO is seeking public comment on whether the Extended Missing Parts Pilot Program offers sufficient benefits to the patent community for it to be made permanent or whether the USPTO should permit the program to expire.
Third Annual USPTO Cooperative Patent Classification Meeting With Industry Users
Document Number: 2016-20700
Type: Notice
Date: 2016-08-29
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is hosting its third annual Cooperative Patent Classification (CPC) meeting with industry users at its Alexandria Campus. CPC is a bilateral classification system jointly developed by the USPTO and the European Patent Office (EPO). CPC is jointly managed and maintained by both offices, and is available for public search for classification. The upcoming meeting is open to the public and will inform attendees on the latest and upcoming developments concerning the CPC. The meeting also will be an opportunity for attendees to share their views about the CPC.
Post Allowance and Refiling
Document Number: 2016-19921
Type: Notice
Date: 2016-08-22
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 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 Term Extension
Document Number: 2016-19864
Type: Notice
Date: 2016-08-22
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 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)).
Patent Law Treaty
Document Number: 2016-19863
Type: Notice
Date: 2016-08-22
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 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)).
Changes in Accelerated Examination Practice
Document Number: 2016-19527
Type: Notice
Date: 2016-08-16
Agency: Department of Commerce, Patent and Trademark Office
In 2006, the United States Patent and Trademark Office (USPTO or Office) introduced the accelerated examination program to permit an application to be advanced out of turn if the applicant files a grantable petition under the program. Since its institution, the patent landscape has witnessed numerous legal changes such as the America Invents Act (AIA), the Patent Law Treaties Implementation Act (PLTIA) implementing the provisions of the Patent Law Treaty (PLT), and the USPTO's adoption of the Cooperative Patent Classification system (CPC) along with changes to USPTO systems. Accordingly, the Office is updating the accelerated examination program to reflect these changes in the law and examination practice.
Submission for OMB Review; Comment Request; Patent Processing
Document Number: 2016-17699
Type: Notice
Date: 2016-07-26
Agency: Department of Commerce, Patent and Trademark Office
Elimination of Publication Requirement in the Collaborative Search Pilot Program Between the Japan Patent Office and the United States Patent and Trademark Office
Document Number: 2016-15850
Type: Notice
Date: 2016-07-05
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) implemented a Collaborative Search Pilot Program with the Japan Patent Office (JPO) on August 1, 2015, to study whether the exchange of search results between offices for corresponding counterpart applications improves patent quality and facilitates the examination of patent applications in both offices. Based upon feedback from the public, the USPTO is modifying the Collaborative Search Pilot Program between JPO and USPTO (JPO-CSP) by removing the requirement that the applications must be published in order to participate in the pilot program. The JPO and USPTO have determined that publication of the applications is unnecessary for participation in the pilot program and that unpublished applications can participate in the pilot program as long as applicants grant access to the unpublished application and provide a translated copy of the currently pending claims from the corresponding counterpart application(s). Accordingly, publication of an application will no longer be a prerequisite for participation in the JPO-CSP as of the effective date of this notice. Instead, if unpublished, applicant must provide an authorization of access to the unpublished application and submit a translation of the currently pending claims from the corresponding counterpart application(s). These modifications should permit more applications to qualify for the program, supporting the program's study of the efficacy of exchanging search results between corresponding counterpart applications to improve patent quality and facilitate examination.
Cancer Immunotherapy Pilot Program
Document Number: 2016-15533
Type: Notice
Date: 2016-06-29
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 for earlier review of patent applications pertaining to cancer immunotherapy (``Cancer Immunotherapy Pilot Program'' or ``Pilot Program'') in support of the White House national $1 billion initiative to achieve ten years' worth of cancer research in the next five years (``National Cancer Moonshot''). The USPTO will advance applications containing a claim(s) to a method of treating a cancer using immunotherapy out of turn for examination if the applicant files a grantable petition to make special under the Pilot Program. The objective of the Pilot Program is to complete the examination of the application within twelve months of special status being granted. Under the Cancer Immunotherapy Pilot Program, an application will be advanced out of turn for examination without meeting all of the current requirements of the accelerated examination program (e.g., the requirement for an examination support document) or the Prioritized Examination (Track I) program. This notice outlines the conditions, eligibility requirements, and guidelines of the Pilot Program.
Legal Processes
Document Number: 2016-14856
Type: Notice
Date: 2016-06-23
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 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)).
Trademark Fee Adjustment
Document Number: 2016-12571
Type: Proposed Rule
Date: 2016-05-27
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) proposes to set or increase certain trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA). The proposed fees will allow the Office to recover the aggregate estimated cost of Trademark and Trademark Trial and Appeal Board (TTAB) operations and USPTO administrative services that support Trademark operations. The proposals will further USPTO strategic objectives by: Better aligning fees with the full cost of products and services; protecting the integrity of the register by incentivizing more timely filing or examination of applications and other filings and more efficient resolution of appeals and trials; and promoting the efficiency of the process, in large part through lower-cost electronic filing options.
USPTO Law School Clinic Certification Program
Document Number: 2016-12498
Type: Rule
Date: 2016-05-27
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``Office'' or ``USPTO'') is issuing a final rule to comply with a Public Law enacted on December 16, 2014. This law requires the USPTO Director to establish regulations and procedures for application to, and participation in, the USPTO Law School Clinic Certification Program. The program allows students enrolled in a participating law school's clinic to practice patent and trademark law before the USPTO under the direct supervision of an approved faculty clinic supervisor by drafting, filing, and prosecuting patent or trademark applications, or both, on a pro bono basis for clients who qualify for assistance from the law school's clinic.
Use of WIPO's ePCT System for Preparing the PCT Request for Filing as Part of an International Application With the USPTO as Receiving Office
Document Number: 2016-10733
Type: Notice
Date: 2016-05-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO), in its capacity as a PCT Receiving Office (RO/US), will begin to accept international applications under the Patent Cooperation Treaty (PCT) that are filed electronically with a PCT Request prepared in the World Intellectual Property Organization's (WIPO) ePCT system. ePCT allows users to generate a zip file containing a validated PCT Request; the zip file can then be submitted electronically to the RO/US as part of an international application filed using the USPTO's electronic filing system (EFS-Web). Because WIPO's ePCT system is web- based and the servers that support the system are located outside the United States, users of ePCT are reminded that the export of subject matter abroad pursuant to a foreign filing license from the USPTO is limited to purposes related to the filing of foreign applications, which include international applications filed in a Receiving Office other than the RO/US. A foreign filing license does not authorize the export of subject matter into ePCT for generating a PCT Request for filing with the RO/US. Persons who are considering the use of WIPO's ePCT system for preparation of the PCT Request for filing as part of an international application with the RO/US should consider contacting the Bureau of Industry and Security (BIS) at the Department of Commerce, the Directorate of Defense Trade Controls (DDTC) at the Department of State, or the National Nuclear Security Administration (NNSA) at the Department of Energy for the appropriate clearances where the international application may include technology subject to export controls.
Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board; Correction
Document Number: 2016-09814
Type: Rule
Date: 2016-04-27
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) published a final rule in the Federal Register on April 1, 2016, revising the rules related to trial practice for inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings that implemented provisions of the Leahy-Smith America Invents Act (``AIA'') providing for trials before the Office. This document corrects an error in that final rule.
Patent Cooperation Treaty
Document Number: 2016-09037
Type: Notice
Date: 2016-04-19
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 Act of 1996, Public Law 104-13 (44 U.S.C 3506(c)(2)(A)).
Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice
Document Number: 2016-06672
Type: Proposed Rule
Date: 2016-04-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'' or ``Office'') proposes to amend the Trademark Rules of Practice (``Trademark Rules'' or ``Rules''), in particular the rules pertinent to practice before the Trademark Trial and Appeal Board (``Board''), to benefit the public by providing for more efficiency and clarity in inter partes and ex parte proceedings. Certain amendments are being proposed to reduce the burden on the parties, to conform the rules to current practice, to update references that have changed, to reflect technologic changes, and to ensure the usage of standard, current terminology. The proposed rules will also further strategic objectives of the Office to increase the end-to-end electronic processing.
Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board
Document Number: 2016-07381
Type: Rule
Date: 2016-04-01
Agency: Department of Commerce, Patent and Trademark Office
This final rule amends the existing consolidated set of rules relating to the United States Patent and Trademark Office (Office or USPTO) trial practice for inter partes review (``IPR''), post-grant review (``PGR''), the transitional program for covered business method patents (``CBM''), and derivation proceedings that implemented provisions of the Leahy-Smith America Invents Act (``AIA'') providing for trials before the Office.
Request for Information Related to Intellectual Property, Genetic Resources and Associated Traditional Knowledge
Document Number: 2016-06681
Type: Notice
Date: 2016-03-24
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is requesting information from its stakeholders regarding issues to be discussed in upcoming World Intellectual Property Organization (WIPO) meetings related to intellectual property, genetic resources, and associated traditional knowledge.
Privacy Act of 1974; System of Records
Document Number: 2016-05256
Type: Notice
Date: 2016-03-09
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'' or ``the Agency'') seeks to revise the Prefatory Statement of General Routine Uses (``prefatory statement'') published in the Federal Register on December 31, 1981 (46 FR 63501-63502). This action is being taken to update the language in several existing uses as well as to integrate new uses.
Submission for OMB Review; Comment Request; Invention Promoters/Promotion Firms Complaints
Document Number: 2016-00020
Type: Notice
Date: 2016-01-07
Agency: Department of Commerce, Patent and Trademark Office