Patent and Trademark Office 2023 – Federal Register Recent Federal Regulation Documents
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Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; International Design Applications (Hague Agreement)
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0075 International Design Applications (Hague Agreement). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Substantive Submissions Made During the Prosecution of the Trademark Application
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0054 Substantive Submissions Made During the Prosecution of the Trademark Application. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Semiconductor Technology Pilot Program
The United States Patent and Trademark Office (USPTO) is implementing the Semiconductor Technology Pilot Program, which is designed to accelerate improvements in the semiconductor industry by expediting examination of patent applications for certain semiconductor manufacturing innovations. The pilot program is intended to encourage research, development, and innovation in the semiconductor manufacturing space and provide equitable intellectual property protection to incentivize investments in the semiconductor manufacturing area. Expediting examination of patent applications directed to semiconductor manufacturing under this pilot program encourages innovations that increase semiconductor device production, reduce semiconductor manufacturing costs, and strengthen the semiconductor supply chain. Applications accepted into the pilot program will be advanced out of turn (accorded special status) for examination until a first Office action is issued. This notice outlines the conditions, requirements, and guidelines of the pilot program.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent and Trademark Resource Center Metrics
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0068 (Patent and Trademark Resource Center Metrics). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Supplemental Guidance for Examination of Design Patent Applications Related to Computer-Generated Electronic Images, Including Computer-Generated Icons and Graphical User Interfaces
The United States Patent and Trademark Office (USPTO) is publishing supplemental guidance to be used by USPTO personnel in determining whether a design claim including a computer-generated electronic image is directed to statutory subject matter. This guidance reflects current USPTO practice.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Examiner Employment Application
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0042 Patent Examiner Employment Application. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
WIPO IGC Negotiations on Genetic Resources and Associated Traditional Knowledge
The United States Patent and Trademark Office (USPTO), Department of Commerce, requests public comments on certain text-based negotiations before the World Intellectual Property Organization (WIPO) Intergovernmental Committee (IGC) on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (Traditional Cultural Expressions). WIPO will organize a diplomatic conference to negotiate a treaty focusing on intellectual property (IP), genetic resources (GRs), and traditional knowledge (TK) associated with GRs no later than 2024. Public comments are requested regarding the negotiations on genetic resources and associated traditional knowledge.
Formal Tribal Consultation on WIPO IGC Negotiations
The United States Patent and Trademark Office (USPTO), Department of Commerce, announces a formal Tribal Consultation, and requests written comments on issues involving genetic resources (GR), traditional knowledge (TK), and traditional cultural expressions (TCEs). These topics are being discussed at the World Intellectual Property Organization (WIPO). Specifically, the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge, and Folklore (traditional cultural expressions) (WIPO IGC) is undertaking negotiations regarding how best to protect GR, TK, and TCEs of Indigenous Peoples.
Grant of Interim Extension of the Term of U.S. Patent No. 7,199,162; GRAFAPEXTM (Treosulfan)
The United States Patent and Trademark Office has issued an order granting a one-year interim extension of the term of U.S. Patent No. 7,199,162 (`162 patent).
Joint ITA-NIST-USPTO Collaboration Initiative Regarding Standards
The United States Patent and Trademark Office (USPTO) is extending the deadline for written comments announced in the Federal Register Notice titled ``Joint ITA-NIST-USPTO Collaboration Initiative Regarding Standards; Notice of Public Listening Session and Request for Comments.'' Through this notice, the USPTO is extending the period for public comments until November 6, 2023.
Elimination of the Postal Postcard in the Patent Center Electronic Office Action Program
The United States Patent and Trademark Office (USPTO or Office) transitioned to the Patent Center Electronic Office (e-Office) Action program in April 2023. The Patent Center e-Office Action program is designed to modernize the e-Office action process and further streamline the USPTO's service delivery processes. The USPTO furnishes a courtesy postcard to Patent Center e- Office Action program users as a reminder when there are available USPTO communications that have not been viewed or downloaded after a period of time. With the transition, the USPTO introduced a new option to receive the courtesy postcard by email (e-postcards) rather than by postal mail (postal postcards). In view of the new option to receive e- postcards, the USPTO requested public comments on eliminating the postal postcard for all Patent Center e-Office Action program users. The USPTO is now eliminating the postal postcard as an option for all Patent Center e-Office Action program users.
Joint ITA-NIST-USPTO Collaboration Initiative Regarding Standards; Notice of Public Listening Session and Request for Comments
The International Trade Administration (ITA) creates prosperity by strengthening the international competitiveness of U.S. industry, promoting trade and investment, and ensuring fair trade and compliance with trade laws and agreements. The National Institute of Standards and Technology (NIST) promotes U.S. innovation and industrial competitiveness by advancing standards, and technology in ways that enhance economic security and improve our quality of life. The United States Patent and Trademark Office (USPTO) plays an important role in incentivizing and protecting innovation, including innovations contributed to international standards bodies. In May 2023, the White House announced the United States Government National Standards Strategy for Critical and Emerging Technology (``the Strategy''), which, among other things, seeks to strengthen U.S. engagement in standards for critical and emerging technologies. As a means to further the implementation of the Strategy, and pursuant to a Request for Information on Implementation of the United States Government National Standards Strategy for Critical and Emerging Technology published by NIST (Docket No. NIST-2023-0005), ITA, NIST, and the USPTO (``the Agencies'') are initiating a listening session with stakeholders focused on issues at the intersection of standards and intellectual property. The Agencies are seeking stakeholder input on the current state of U.S. firm participation in standard setting, and the ability of U.S. industry to readily adopt standards to grow and compete, especially as that relates to the standardization of critical and emerging technologies.
Requiring Identity Verification for Attorney-Sponsored Accounts
The United States Patent and Trademark Office (USPTO) announces that beginning on January 20, 2024, all existing and new attorney support staff with an attorney-sponsored USPTO.gov account will be required to verify their identity to access trademark filing systems. The USPTO is making this change after discovering that some U.S.-licensed attorneys have sponsored accounts for individuals who are not directly supervised attorney support staff, and that many of these sponsored accounts appear to be shared by multiple foreign agents and attorneys. These actions violate the Trademark Verified USPTO.gov Account Agreement (Agreement).
Future Strategies in Anticounterfeiting and Antipiracy
The United States Patent and Trademark Office (USPTO) published a request for comments in the Federal Register on May 25, 2023, seeking information from interested partiesin particular consumers, intellectual property rights holders, online marketplaces and platforms, physical marketplaces, parties who provide goods to the public, and other private sector stakeholderson the evolution of counterfeiting and piracy in recent years and ways to identify and develop future anticounterfeiting and antipiracy strategies. Through this notice, the USPTO is extending the period for public comments until September 25, 2023.
USPTO AI/ET Partnership: Public Meeting on Artificial Intelligence Tools and Data
The United States Patent and Trademark Office (USPTO) plays an important role in incentivizing and protecting innovation, including innovation driven by artificial intelligence (AI), a transformative technology that holds promise for tremendous societal and economic benefit. The USPTO embraces an expansive view of the potential of AI and other emerging technologies (ET) as tools to be leveraged for advancing equitable access to the intellectual property (IP) system, improving agency operations, and enhancing employee effectiveness. Development and implementation of AI-enabled tools at the USPTO advances national priorities in IP to protect and promote inclusive, transparent, and trustworthy innovation. The USPTO will host a public meeting on AI tools and data virtually and in person at the USPTO headquarters on September 27, 2023, at 10:30 a.m. ET. This will be the fourth meeting in the USPTO's AI/ET Partnership Series. First announced in June 2022, the AI/ET Partnership provides an opportunity to bring stakeholders together through a series of engagements to share ideas, feedback, experiences, and insights on the intersection of IP and AI/ ET.
Changes to Duration of Attorney Recognition; Notice of Public Listening Session and Request for Comments
The United States Patent and Trademark Office (USPTO or Office) seeks public comments on changes to the trademark rule regarding the duration of attorney recognition. In addition, the USPTO is announcing a public listening session on September 26, 2023, titled ``Changes to Duration of Attorney Recognition,'' to offer further opportunity for the public to provide input on this topic.
Performance Review Board
In conformance with the Civil Service Reform Act of 1978, the United States Patent and Trademark Office (USPTO) announces the appointment of persons to serve as members of its Performance Review Board (PRB).
International Trademark Classification Changes
The United States Patent and Trademark Office (USPTO) issues this 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 listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), which is published by the World Intellectual Property Organization (WIPO), and will become effective on January 1, 2024.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Global Intellectual Property Academy (GIPA) Surveys
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension of an existing information collection: 0651-0065 Global Intellectual Property Academy (GIPA) Surveys. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Trademarks for Humanity Awards Competition Program
The United States Patent and Trademark Office (USPTO) is extending the application submission deadline for the pilot awards program announced in the Federal Register Notice titled ``Trademarks for Humanity Awards Competition Program'' that was published on April 11, 2023.
Changes to the Representation of Others Before the United States Patent and Trademark Office
The U.S. Patent and Trademark Office (USPTO or Office) amends the rules of practice in patent cases and the rules regarding the representation of others before the USPTO to better protect the public and improve compliance with USPTO requirements. This final rule formalizes the USPTO's Diversion Pilot Program for patent and trademark practitioners whose physical or mental health issues or law practice management issues resulted in minor misconduct. Formalizing the Pilot Program aligns USPTO disciplinary practice with a majority of states and provides practitioners an opportunity to address the root causes of such misconduct. In addition, this final rule requires foreign attorneys or agents granted reciprocal recognition to practice before the USPTO in trademark matters to provide and update their contact and licensure status information or have their recognition withdrawn so the public will have access to up-to-date information. This final rule also defers to a state's attorney licensing authority regarding alternative business structures between a practitioner and a non-practitioner to reduce the potential for conflicts between the USPTO and the attorney licensing authority. Further, this final rule removes a fee required when changing one's status from a patent agent to a patent attorney and makes minor adjustments to other provisions related to the representation of others before the USPTO.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Response to Office Action and Voluntary Amendment Forms
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0050 (Response to Office Action and Voluntary Amendment Forms). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Trial and Appeal Board (PTAB) Appeals
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0063 Patent Trial and Appeal Board (PTAB) Appeals. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Study of the Patent Pro Bono Programs; Request for Comments; Extension of the Comment Period
The United States Patent and Trademark Office (USPTO) recently sought public comments on topics related to the study of the patent pro bono programs identified in the Unleashing American Innovators Act of 2022. This study builds on the work the USPTO has conducted for over a decade, and has scaled during the Biden Administration, to bring more people in America into the innovation ecosystem. The USPTO believes that broadening access to the intellectual property system will create more jobs, foster economic prosperity, and promote the development of solutions for societal challenges. In response to stakeholder feedback, the USPTO is extending the comment period until August 11, 2023, to give interested members of the public additional time to submit comments.
Grant of Interim Extension of the Term of U.S. Patent No. 7,517,522; Recombinant ADAMTS13 (rADAMTS13), a Recombinant A Disintegrin and Metalloprotease With Thrombospondin Type-1 Motifs 13
The United States Patent and Trademark Office has issued an order granting a one-year interim extension of the term of U.S. Patent No. 7,517,522 ('522 patent).
Standardization of the Patent Term Adjustment Statement Regarding Information Disclosure Statements
The United States Patent and Trademark Office (USPTO or Office) is revising the rules of practice pertaining to patent term adjustment to require that the patent term adjustment statement regarding information disclosure statements be submitted on an Office form using the appropriate document code. The use of the Office form and document code will streamline certain aspects of prosecution by more accurately capturing and accounting for the patent term adjustment statement without unnecessary back-and-forth between the Office and applicant. It will also conserve resources by eliminating the need for a manual review of the patent term adjustment statement. Applicants who submit a patent term adjustment statement regarding information disclosure statements without using the Office form or the appropriate document code will need to request reconsideration of the patent term adjustment for the information disclosure statement to not be considered a failure to engage in reasonable efforts to conclude the prosecution (processing or examination) of the application. The Office conducts a redetermination of patent term adjustment in response to this request, and the redetermination will include the Office's manual review of the patent term adjustment statement.
Request for Comments on Southeast Regional Office and Community Outreach Office Locations
The United States Patent and Trademark Office (USPTO or Office) is seeking information to inform the planning and design of the USPTO satellite offices (regional offices) and newly-authorized community outreach offices (COOs). The USPTO is also seeking information on potential locations for a future USPTO regional office in the southeast region of the United States (Southeast Regional Office or SERO) and a COO in the northern New England (NNE) region (Northern New England Community Outreach Office) that the USPTO was directed to establish under the Unleashing American Innovators Act of 2022 (UAIA), signed into law as part of the Consolidated Appropriations Act, 2023 on December 29, 2022.
Setting and Adjusting Patent Fees During Fiscal Year 2020
The United States Patent and Trademark Office (USPTO) published a final rule in the Federal Register on August 3, 2020, that includes a fee for patent applications that are not filed in the DOCX format, except for design, plant, or provisional applications. The effective date of this new fee was most recently delayed in a final rule published in the Federal Register on March 27, 2023, and was scheduled to become effective on June 30, 2023. Through this final rule, the USPTO is delaying the effective date of this fee until January 17, 2024.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; DOCX Submission Requirements
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the proposed information collection: DOCX Submission Requirements. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Extension of the Option for Submission of a PDF With a Patent Application Filed in DOCX Format
The United States Patent and Trademark Office (USPTO) is continuing to modernize and streamline its patent application systems to support robust and reliable patent rights, speed the issuance of patents, and reduce the costs and barriers of global patent protection. The submission of patent applications in DOCX format facilitates the USPTO's ongoing efforts. The USPTO previously announced that, for a temporary period, it was providing patent applicants with the option to submit an applicant-generated PDF version of an application along with the DOCX file(s) when filing the application in Patent Center. This temporary period was scheduled to end on June 30, 2023. In response to stakeholder requests, the USPTO is extending the option until further notice.
Request for Comments on Southeast Regional Office and Community Outreach Office Locations
The United States Patent and Trademark Office (USPTO or Office) is seeking information to inform the planning and design of the USPTO satellite offices (regional offices) and newly-authorized community outreach offices (COOs). The USPTO is also seeking information on potential locations for a future USPTO regional office in the southeast region of the United States (Southeast Regional Office or SERO) and a COO in the northern New England (NNE) region (Northern New England Community Outreach Office) that the USPTO was directed to establish under the Unleashing American Innovators Act of 2022 (UAIA), signed into law as part of the Consolidated Appropriations Act, 2023 on December 29, 2022.
Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Trademark Trial and Appeal Board (TTAB) Actions
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0040 (Trademark Trial and Appeal Board (TTAB) Actions). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022; Correction
The United States Patent and Trademark Office (Office or USPTO) makes a correction to a final rule that published on March 22, 2023, amending patent fees for small and micro entities set forth in its regulations to implement the provisions of the Consolidated Appropriations Act, 2023which included the Unleashing American Innovators Act of 2022 (UAIA). This rule fixes an error in the applicability of certain amendments to international applications under the Patent Cooperation Treaty.
Expansion and Extension of the Climate Change Mitigation Pilot Program
On June 3, 2022, the United States Patent and Trademark Office (USPTO) implemented the Climate Change Mitigation Pilot Program as a component of its ongoing efforts to encourage and incentivize innovation in the climate space and as an example of its commitment to policies tackling climate change. The initial phase of the programending June 5, 2023has sought to positively impact the climate by accelerating the examination of patent applications for products and processes designed to reduce greenhouse gas emissions. Through this notice, the USPTO is expanding the program to include innovations in any economic sector that are designed to make progress toward achieving net-zero greenhouse gas emissions. This includes innovations designed to remove greenhouse gases already present in the atmosphere; reduce and/or prevent additional greenhouse gas emissions; and/or monitor, track, and/or verify greenhouse gas emission reductions. The USPTO is also increasing the filing limitations for petitions under the program and extending the duration of the program. These changes will permit more applications to qualify for the program, thereby allowing more innovations that will aid in achieving national climate goals to be advanced out of turn for examination. As with the existing program, applications accepted into the expanded program will be advanced out of turn (accorded special status) for first action on the merits. The conditions, eligibility requirements, and guidelines of the expanded program will be the same as those established for the existing program, unless modified by this notice. By expanding and extending the program, the USPTO aims to emphasize the urgency of zero- and negative-emissions solutions, and further encourage investment in an equitable, clean energy future.
Adoption of Updated WIPO Standard ST.26; Revision to Incorporation by Reference
The United States Patent and Trademark Office (USPTO or Office) is adopting the recently revised World Intellectual Property Organization (WIPO) Standard ST.26, version 1.6, approved November 25, 2022, for incorporation by reference into its regulations addressing application disclosures containing nucleotide and/or amino acid sequences. The USPTO is also correcting a grammatical oversight in one of its sequence regulations. The USPTO first amended its rules in 2022 to incorporate by reference certain provisions of WIPO Standard ST.26. In addition to simplifying the process for applicants filing in multiple countries, the ST.26 requirement to submit a single sequence listing in eXtensible Mark-up Language (XML) format provides better preservation, accessibility, and sorting of the submitted sequence data for the public. Among other improvements, the new version of ST.26 clarifies requirements, improves descriptions, and corrects editorial mistakes.
Future Strategies in Anticounterfeiting and Antipiracy
The United States Patent and Trademark Office (USPTO) is working across government and with the private sector to address counterfeiting and piracy. As part of that effort, the USPTO wants to learn what interested parties are observing and seeks their insights into anticounterfeiting and antipiracy strategies. In particular, the USPTO requests information on current anticounterfeiting and antipiracy strategies that have proven effective, as well as ideas for future strategies. To facilitate discussion among members of the public regarding the future of anticounterfeiting and antipiracy, the USPTO will host a roundtable on the topics listed in this notice on October 3. Any additional roundtables will be announced through the Federal Register.
Request for Comments Regarding the Motion To Amend Pilot Program and Rules of Practice To Allocate the Burdens of Persuasion on Motions To Amend in Trial Proceedings Before the Patent Trial and Appeal Board
The United States Patent and Trademark Office (USPTO or Office) currently implements a pilot program for motion to amend (MTA) practice and procedures in trial proceedings under the America Invents Act (AIA) before the Patent Trial and Appeal Board (PTAB or Board). The USPTO seeks public comments on whether the MTA Pilot Program's procedures should be made permanent, and if so, whether any modifications would be beneficial. Additionally, the USPTO previously issued rulemaking covering the allocation of the burdens of persuasion in MTA proceedings. The USPTO seeks public input on the practical effects of the rules on the parties and AIA proceedings, and whether modifications to the rules, or additional guidance on implementing the rules, would be beneficial. Lastly, the USPTO seeks input on whether the Board should have broader authority to raise sua sponte grounds in the MTA process.
Changes to the Representation of Others in Design Patent Matters Before the United States Patent and Trademark Office
The U.S. Patent and Trademark Office (USPTO or Office) proposes to amend the rules of practice in patent cases and the rules regarding the representation of others before the USPTO to create a separate design patent practitioner bar whereby admitted design patent practitioners would practice in design patent proceedings only. Presently, there is only one patent bar that applies to those who practice in patent matters before the Office, including in utility, plant, and design patents. The potential creation of a design patent practitioner bar would not impact the ability of those already registered to practice in any patent matters, including design patent matters, before the USPTO to continue to practice in any patent matters before the Office. Furthermore, it would not impact the ability of applicants for registration who meet the current criteria, including qualifying for and passing the current registration exam, to practice in any patent matters before the Office, including design patent matters. Expanding the admission criteria of the patent bar would encourage broader participation and keep up with the ever-evolving technology and related teachings that qualify someone to practice before the USPTO.
Expanding Admission Criteria for Registration To Practice in Patent Cases Before the United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) previously published a notice requesting comments on the scientific and technical requirements to practice in patent matters before the USPTO. Specifically, the Office sought input on whether it should revise the scientific and technical criteria for admission to practice in patent matters to require the USPTO to periodically review certain applicant degrees on a predetermined timeframe, make certain modifications to the accreditation requirement for computer science degrees, and add clarifying instructions to the General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases before the United States Patent and Trademark Office (GRB) for limited recognition applicants. The USPTO has considered the comments and, based on the support for the proposals, is implementing updates to the GRB. Expanding the admission criteria of the patent bar would encourage broader participation and keep up with the ever- evolving technology and related teachings that qualify someone to practice before the USPTO.
Patent and Trademark Public Advisory Committees
The United States Patent and Trademark Office (USPTO) America's Innovation Agencyseeks nominations for up to three members of its Patent Public Advisory Committee (PPAC) to advise the Under Secretary of Commerce for Intellectual Property and Director of the USPTO on patent policy, and for up to three members of its Trademark Public Advisory Committee (TPAC) to advise the Director on trademark policy. Each new member, who can serve remotely, will serve a three- year term starting December 1, 2023. The members represent the interests of the public and the stakeholders of the USPTO.
Changes Under Consideration to Discretionary Institution Practices, Petition Word-Count Limits, and Settlement Practices for America Invents Act Trial Proceedings Before the Patent Trial and Appeal Board
The United States Patent and Trademark Office (USPTO or Office) is considering modifications to the rules of practice for inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB or Board) to better align the practices with the USPTO's mission to promote and protect innovation and investment in the same, and with the congressional intent behind the American Invents Act (AIA) to provide a less-expensive alternative to district court litigation to resolve certain patentability issues while also protecting against patentee harassment. The USPTO is considering promulgating rules the Director, and by delegation the Board, will use to exercise the Director's discretion to institute IPRs and PGRs; to provide a procedure for separate briefing on discretionary denial that will allow parties to address relevant issues for discretionary denial without encroaching on the pages they are afforded to address the merits of a case; to provide petitioners the ability to pay additional fees for a higher word-count limit; and to clarify that all settlement agreements, including pre-institution settlement agreements, are required to be filed with the Board.
Patent Public Advisory Committee Public Hearing on the Proposed Patent Fee Schedule
The United States Patent and Trademark Office (USPTO) is announcing the date, time, and place of a public hearing that will be held by the Patent Public Advisory Committee (PPAC) on the USPTO's proposed setting or adjusting of patent fees pursuant to the USPTO's fee setting authority under section 10 of the Leahy-Smith America Invents Act (AIA), as amended. The USPTO will make its proposed patent fees availableas set forth in the SUPPLEMENTARY INFORMATION section of this noticebefore the PPAC hearing. The public is invited to testify at the hearing and submit written comments regarding proposed patent fees.
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