Patent and Trademark Office October 4, 2022 – Federal Register Recent Federal Regulation Documents

The United States Patent and Trademark Office (USPTO or Office) seeks initial public comments on proposed initiatives directed at bolstering the robustness and reliability of patents to incentivize and protect new and nonobvious inventions while facilitating the broader dissemination of public knowledge to promote innovation and competition. This request for comments (RFC) addresses a variety of topics, including prior art searching, support for claimed subject matter, request for continued examination (RCE) practice, and restriction practice, and certain initiatives related to these topics that are outlined in the USPTO's July 6, 2022, letter to the Food and Drug Administration (FDA). This RFC also seeks comments on the questions set forth in a June 8, 2022, letter to the USPTO from six United States Senators. The USPTO is studying additional topics and initiatives to bolster the robustness and reliability of U.S. patents and will seek public comments on those separately.

The United States Patent and Trademark Office (USPTO) is extending the Fast-Track Appeals Pilot Program, initiated on July 2, 2020, and previously extended on July 12, 2021. The Fast-Track Appeals Pilot Program permits appellants with a docketed ex parte appeal before the Patent Trial and Appeal Board (PTAB or Board) to file a petition to expedite the review of the appeal. The Fast-Track Appeals Pilot Program sets a target of reaching decisions on ex parte appeals within six months from the date they enter the program.