Patent and Trademark Office – Federal Register Recent Federal Regulation Documents

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Changes in Requirements for Signature of Documents, Recognition of Representatives, and Establishing and Changing the Correspondence Address in Trademark Cases
Document Number: E8-12896
Type: Proposed Rule
Date: 2008-06-12
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``Office'') proposes to revise the Trademark Rules of Practice to set forth the requirements for signature of documents filed in the Office, recognition of representatives, and establishing and changing the correspondence address in trademark cases.
Submission for OMB Review; Comment Request
Document Number: E8-13048
Type: Notice
Date: 2008-06-11
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
Document Number: E8-12451
Type: Rule
Date: 2008-06-10
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office amends the rules governing practice before the Board of Patent Appeals and Interferences in ex parte patent appeals. Amendments to the rules governing practice before the Board in ex parte appeals are needed to permit the Board to handle an increasing number of ex parte appeals in a timely manner.
Board of Patent Appeals and Interferences Actions
Document Number: E8-12820
Type: Notice
Date: 2008-06-09
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 new information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Privacy Act of 1974; System of Records
Document Number: E8-12564
Type: Notice
Date: 2008-06-05
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) gives notice of a proposed new system of records entitled ``COMMERCE/ PAT-TM-22 Patent e-Commerce Database.'' We invite the public to comment on the system announced in this publication.
Revision of Patent Fees for Fiscal Year 2009
Document Number: E8-12364
Type: Proposed Rule
Date: 2008-06-03
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing to adjust certain patent fee amounts for fiscal year 2009 to reflect fluctuations in the Consumer Price Index (CPI). The patent statute provides for the annual CPI adjustment of patent fees set by statute to recover the higher costs associated with doing business.
Institution of a Fee To File on Paper a Request for Reconsideration of a Final Office Action in a Trademark Case
Document Number: E8-9216
Type: Proposed Rule
Date: 2008-04-28
Agency: Department of Commerce, Patent and Trademark Office
In response to objections raised, the United States Patent and Trademark Office (``USPTO'') withdraws its prior proposal to amend the Rules of Practice in Trademark Cases to require a request for reconsideration of an examining attorney's final refusal or requirement to be filed through the Trademark Electronic Application System (``TEAS'') within three months of the mailing date of the final action. The USPTO instead proposes to require a fee of $50 for filing a request for reconsideration on paper, whereas no fee would be required for a request for reconsideration filed through TEAS. The proposed fee would cover the USPTO's added costs of processing a request for reconsideration filed on paper, rather than through TEAS. Currently, no fee is required in connection with a request for reconsideration, filed either on paper or through TEAS.
Public Advisory Committees
Document Number: E8-9120
Type: Notice
Date: 2008-04-25
Agency: Department of Commerce, Patent and Trademark Office
On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ``Act''), Pub. L. 106-113, which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters (now codified at 35 U.S.C. 5). The USPTO is requesting nominations for three (3) members to each Public Advisory Committee for terms of three years that begin from date of appointment.
Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar®
Document Number: E8-8058
Type: Notice
Date: 2008-04-15
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting interim extension under 35 U.S.C. 156(d)(5) for a fourth one-year interim extension of the term of U.S. Patent No. 4,650,787.
Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks)
Document Number: E8-7980
Type: Notice
Date: 2008-04-15
Agency: Department of Commerce, United States Patent and Trademark Office, 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)).
Submission for OMB Review; Comment Request
Document Number: E8-7171
Type: Notice
Date: 2008-04-07
Agency: Department of Commerce, Patent and Trademark Office
Substantive Submissions Made During Prosecution of the Trademark Application
Document Number: E8-7019
Type: Notice
Date: 2008-04-04
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)).
Post Registration (Trademark Processing)
Document Number: E8-6297
Type: Notice
Date: 2008-03-27
Agency: Patent and Trademark Office, Department of Commerce
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)).
Patent Examiner Employment Application (Formerly Patent Examiner Employment Application-Job Application Rating System (JARS))
Document Number: E8-5277
Type: Notice
Date: 2008-03-17
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 revision 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 the Requirement for a Description of the Mark in Trademark Applications
Document Number: E8-5202
Type: Rule
Date: 2008-03-14
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') amends the Rules of Practice in Trademark Cases to require a description of the mark in all applications to register a mark not in standard characters. This requirement will facilitate more accurate and comprehensive design coding and pseudo-mark data determinations, and therefore will promote better searchability of marks within the USPTO trademark database. The USPTO will maintain its practice of printing the description of a mark on the certificate of registration only when the USPTO deems the description necessary to clarify what is claimed in the mark.
Applications for Trademark Registration
Document Number: E8-4933
Type: Notice
Date: 2008-03-12
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)).
Examination of Patent Applications That Include Claims Containing Alternative Language
Document Number: E8-4744
Type: Proposed Rule
Date: 2008-03-10
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) published a notice proposing to revise the rules of practice pertaining to any claim using alternative language to claim two or more independent and distinct inventions (Alternative Claims Notice of Proposed Rule Making). The Office has prepared an initial regulatory flexibility analysis (IRFA) on this proposed change to the rules of practice. This notice publishes the IRFA and requests public comment on the IRFA. This notice also invites public comment on the Alternative Claims Notice of Proposed Rule Making.
Changes in Rules Regarding Filing Trademark Correspondence by Express Mail or Under a Certificate of Mailing or Transmission
Document Number: E8-3929
Type: Proposed Rule
Date: 2008-02-29
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``Office'') proposes to amend the Trademark Rules of Practice to provide that the procedures for filing trademark correspondence by Express Mail or under a certificate of mailing or transmission do not apply to certain specified documents for which an electronic form is available in the Trademark Electronic Application System (``TEAS''). The purpose of the rule change is to promote electronic filing, increase efficiency, and improve the quality and integrity of critical data in the Office's automated systems.
Revision to the Time for Filing of a Biological Deposit and the Date of Availability of a Biological Deposit
Document Number: E8-3084
Type: Proposed Rule
Date: 2008-02-20
Agency: Department of Commerce, Patent and Trademark Office
This notice proposes changes to the rules of practice to require that any deposit of biological material be made before publication of a patent application, and that all restrictions on access to the deposited material imposed by the depositor be removed upon publication. The proposed changes will provide that the public has access to biological materials referenced in the disclosure of a patent application to the same extent that access to the remainder of the disclosure is available. The public policy basis for allowing access to a referenced item is the same whether the item is another patent application or a deposited biological material.
Submission for OMB Review; Comment Request
Document Number: E8-2550
Type: Notice
Date: 2008-02-12
Agency: Department of Commerce, Patent and Trademark Office
National Medal of Technology and Innovation Nomination Evaluation Committee Meeting
Document Number: E8-2511
Type: Notice
Date: 2008-02-12
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 Tuesday, March 4, 2008. The primary purpose of the meeting is the discussion of relative merits of persons and companies nominated for the NMTI award.
Submission for OMB Review; Comment Request
Document Number: E8-1727
Type: Notice
Date: 2008-01-31
Agency: Department of Commerce, Patent and Trademark Office
Recording Assignments
Document Number: E8-1389
Type: Notice
Date: 2008-01-28
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)).
Privacy Act of 1974; System of Records
Document Number: E8-1386
Type: Notice
Date: 2008-01-28
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) gives notice of a proposed new system of records entitled ``COMMERCE/ PAT-TM-21 National Medal of Technology and Innovation Nominations.'' We invite the public to comment on the system announced in this publication.
National Medal of Technology and Innovation Nomination Evaluation Committee
Document Number: E8-1139
Type: Notice
Date: 2008-01-24
Agency: Department of Commerce, Patent and Trademark Office
The Department of Commerce (United States Patent and Trademark Office) is requesting nominations of individuals to serve on the National Medal of Technology and Innovation Nomination Evaluation Committee. The United States Patent and Trademark Office will consider nominations received in response to this notice as well as from other sources. The SUPPLEMENTARY INFORMATION section of this notice provides Committee and membership criteria.
National Medal of Technology and Innovation Call for 2008 Nominations
Document Number: 08-251
Type: Notice
Date: 2008-01-24
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The Department of Commerce (United States Patent and Trademark Office) is accepting nominations for its National Medal of Technology and Innovation (NMTI) program. Since establishment by Congress in 1980, the President of the United States has awarded the National Medal of Technology and Innovation (formerly known as the National Medal of Technology) annually to our Nation's leading innovators. If you know of a candidate who has made an outstanding, lasting contribution to the economy through the promotion of technology or technological manpower, you may obtain a nomination form from: https://www.uspto.gov/nmti. Eligibilty and Criteria: Information on eligibility and nomination criteria is provided on the Nominations Guidelines Form at https:// www.uspto.gov/nmti.
Submission for OMB Review; Comment Request
Document Number: E8-327
Type: Notice
Date: 2008-01-11
Agency: Department of Commerce, Patent and Trademark Office
Change in Publication Format of Patent and Trademark Office Notices and Changes in Display of Patent and Trademark Office Notices in Electronic Official Gazette
Document Number: E7-24961
Type: Notice
Date: 2007-12-26
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is discontinuing the separate weekly publication in paper form of Patent and Trademark Office notices, and the annual publication in paper form of the consolidated listing of notices pertaining to USPTO practices and procedures. In addition, notice is hereby given that the weekly electronic Official Gazette of the United States Patent and Trademark OfficePatents (the eOG:P) will display the Patent and Trademark Office notices with volume/page numbers, and the last weekly eOG:P of each calendar year will include the annual publication of consolidated notices pertaining to USPTO practices and procedures.
Submission for OMB Review; Comment Request
Document Number: E7-23115
Type: Notice
Date: 2007-11-28
Agency: Department of Commerce, Patent and Trademark Office
Patent Prosecution Highway (PPH) Pilot Program
Document Number: E7-22541
Type: Notice
Date: 2007-11-19
Agency: Patent and Trademark Office, Department of Commerce
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 proposed addition to 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)).
Post Registration (Trademark Processing)
Document Number: E7-21501
Type: Notice
Date: 2007-11-01
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 proposed addition to 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)).
Submission for OMB Review; Comment Request
Document Number: E7-21500
Type: Notice
Date: 2007-11-01
Agency: Department of Commerce, Patent and Trademark Office
Changes in the Requirement for a Description of the Mark in Trademark Applications
Document Number: E7-21075
Type: Proposed Rule
Date: 2007-10-25
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') proposes to amend the Rules of Practice in Trademark Cases to require a description of the mark in all applications to register a mark not in standard characters.
Performance Review Board (PRB)
Document Number: E7-20570
Type: Notice
Date: 2007-10-18
Agency: Department of Commerce, Patent and Trademark Office
In conformance with the Civil Service Reform Act of 1978, 5 U.S.C. 4314(c)(4), the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.
Grant of Interim Extension of the Term of U.S. Patent No. 4,971,802; MIFAMURTIDE
Document Number: E7-20372
Type: Notice
Date: 2007-10-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a one-year interim extension of the term of U.S. Patent No. 4,971,802.
Native American Tribal Insignia Database
Document Number: E7-20136
Type: Notice
Date: 2007-10-12
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 continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
April 2007 Revision of Patent Cooperation Treaty Procedures
Document Number: E7-19960
Type: Rule
Date: 2007-10-11
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) published a final rule in the Federal Register of September 10, 2007, revising the rules of practice in title 37 of the Code of Federal Regulations (CFR) to conform them to certain amendments made to the Regulations under the Patent Cooperation Treaty (PCT) that took effect on April 1, 2007. This document corrects errors in that final rule.
Examination Guidelines for Determining Obviousness Under 35 U.S.C. 103 in View of the Supreme Court Decision in KSR International Co.
Document Number: E7-19973
Type: Notice
Date: 2007-10-10
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is publishing examination guidelines for determining obviousness under 35 U.S.C. 103 in view of the Supreme Court decision in KSR International Co. v. Teleflex Inc. These guidelines will assist USPTO personnel to make a proper determination of obviousness under 35 U.S.C. 103 and to provide an appropriate supporting rationale.
Submission for OMB Review; Comment Request
Document Number: E7-19793
Type: Notice
Date: 2007-10-09
Agency: Department of Commerce, Patent and Trademark Office
Revision of Patent Fees for Fiscal Year 2007
Document Number: E7-19326
Type: Rule
Date: 2007-09-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) published a final rule in the Federal Register of August 22, 2007, adjusting patent fees for fiscal year 2007 to reflect fluctuations in the Consumer Price Index (CPI). This document corrects errors in that final rule.
Submission for OMB Review; Comment Request
Document Number: E7-18739
Type: Notice
Date: 2007-09-24
Agency: Department of Commerce, Patent and Trademark Office
Electronic Response to Office Action and Preliminary Amendment Forms
Document Number: E7-18567
Type: Notice
Date: 2007-09-20
Agency: Patent and Trademark Office, Department of Commerce
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 Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Submission for OMB Review; Comment Request
Document Number: E7-18334
Type: Notice
Date: 2007-09-18
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E7-18333
Type: Notice
Date: 2007-09-18
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E7-18326
Type: Notice
Date: 2007-09-18
Agency: Department of Commerce, Patent and Trademark Office
April 2007 Revision of Patent Cooperation Treaty Procedures
Document Number: E7-17711
Type: Rule
Date: 2007-09-10
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is revising the rules of practice in title 37 of the Code of Federal Regulations (CFR) to conform them to certain amendments made to the Regulations under the Patent Cooperation Treaty (PCT) that took effect on April 1, 2007. These amendments result in the addition of a mechanism to the PCT system whereby applicants may request that the right to claim priority be restored in applications that meet certain requirements. In addition, these amendments provide a means for applicants to insert a missing portion of an international application without the loss of the international filing date. These amendments also clarify the circumstances and procedures under which the correction of an obvious mistake may be made in an international application. Finally, the Office is revising the search fee for international applications.
Revision of Patent Fees for Fiscal Year 2007
Document Number: E7-16574
Type: Rule
Date: 2007-08-22
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) (referred to as ``Office'' in this notice) is adjusting certain patent fee amounts to reflect fluctuations in the Consumer Price Index (CPI). Also, the Office is adjusting, by a corresponding amount, a few patent fee rates that track the affected fee amounts. The Director is authorized to adjust these fee amounts annually by the CPI to recover the higher costs associated with doing business. The USPTO is adjusting the patent fee amounts under the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), which revised certain patent fee rates, and provided for a search fee and examination fee separate from the filing fee, during fiscal years 2005 and 2006; and continued in fiscal year 2007 under the revised Continuing Appropriations Resolution, 2007 (Continuing Appropriations Resolution). Legislation has been introduced that would extend the fee rate revisions in the Consolidated Appropriations Act. In the event legislation is not enacted to continue the patent fee amounts under the Consolidated Appropriations Act, the USPTO will be adjusting patent statutory fee rates that were in application prior to implementation of the Consolidated Appropriations Act. The prior fee rates, adjusted for CPI, will be effective for fiscal year 2008.
Changes To Practice for Continued Examination Filings, Patent Applications Containing Patentably Indistinct Claims, and Examination of Claims in Patent Applications
Document Number: E7-15565
Type: Rule
Date: 2007-08-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is revising the rules of practice in patent cases relating to continuing applications and requests for continued examination practices, and for the examination of claims in patent applications. The Office is revising the rules of practice to require that any third or subsequent continuing application that is a continuation application or a continuation-in-part application, and any second or subsequent request for continued examination in an application family, be filed to obtain consideration of an amendment, argument, or evidence, and be supported by a showing as to why the amendment, argument, or evidence sought to be entered could not have been previously submitted. The Office is also revising the rules of practice to provide that an applicant must provide an examination support document that covers all of the claims in an application if the application contains more than five independent claims or more than twenty-five total claims. The Office is also revising the rules of practice with respect to multiple applications that have the same claimed filing or priority date, substantial overlapping disclosure, a common inventor, and common ownership. These changes will allow the Office to conduct a better and more thorough and reliable examination of patent applications.
Examination of Patent Applications That Include Claims Containing Alternative Language
Document Number: E7-15591
Type: Proposed Rule
Date: 2007-08-10
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing to revise the rules of practice pertaining to any claim using alternative language to claim one or more species. The search and examination of such claims often consume a disproportionate amount of Office resources as compared to other types of claims, because determining the patentability of these claims often requires a separate examination of each of the alternatives within the claims. The Office expects that requiring applicants who choose to draft claims that read on multiple species using alternative language to maintain a certain degree of relatedness among the alternatives will enable the Office to do a more thorough and more reliable examination of such claims.
Privacy Act of 1974; System of Records
Document Number: E7-14865
Type: Notice
Date: 2007-08-01
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) gives notice of a proposed new system of records entitled ``COMMERCE/ PAT-TM-20 Customer Call Center, Assistance and Satisfaction Survey Records.'' We invite the public to comment on the system announced in this publication.