Patent and Trademark Office June 2023 – Federal Register Recent Federal Regulation Documents
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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.
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