Patent and Trademark Office – Federal Register Recent Federal Regulation Documents

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Miscellaneous Changes to Trademark Trial and Appeal Board Rules
Document Number: E7-14702
Type: Rule
Date: 2007-08-01
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is amending the Trademark Rules of Practice (trademark rules) to require plaintiffs in Trademark Trial and Appeal Board (Board) inter partes proceedings to serve on defendants their complaints or claims; to utilize in Board inter partes proceedings a modified form of the disclosure practices included in the Federal Rules of Civil Procedure; and to delete the option of making submissions to the Board in CD-ROM form. In addition, certain amendments are being made to clarify rules, conform the rules to current practice, and correct typographical errors or deviations from standard terminology.
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
Document Number: E7-14645
Type: Proposed Rule
Date: 2007-07-30
Agency: Department of Commerce, Patent and Trademark Office
The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office proposes changes to the rules governing practice before the Board of Patent Appeals and Interferences in ex parte patent appeals. The changes are needed to permit the Board to handle an increasing number of ex parte appeals in a timely manner. The proposed rules seek to provide examiners and Office reviewers with a clear and complete statement of an appellant's position at the time of filing an appeal brief so as to enhance the likelihood that appealed claims will be allowed without the necessity of further proceeding with the appeal, minimize the pendency of appeals before the Office, minimize the need for lengthy patent term adjustments in cases where claims become allowable as a result of an action by the Board in an appeal, provide uniform treatment of requests for an extension of time filed after an appeal brief is filed, and make the decision-making process more efficient.
Submission for OMB Review; Comment Request
Document Number: E7-14542
Type: Notice
Date: 2007-07-27
Agency: Patent and Trademark Office, Department of Commerce
External Quality Metrics Surveys
Document Number: E7-14271
Type: Notice
Date: 2007-07-24
Agency: Patent and Trademark Office, Department of Commerce
The Patent and Trademark Office, 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)).
Notice of the Removal of the Paper Search Collection of Registered Marks That Include Design Elements from Trademark Search Library in Arlington, VA
Document Number: E7-12498
Type: Notice
Date: 2007-06-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') hereby provides notice of the microfilming and removal of the paper search collection of trademark registrations that include design elements from the USPTO's Trademark Search Facility in Arlington, Virginia.
Patent Term Extension
Document Number: E7-12410
Type: Notice
Date: 2007-06-27
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)).
Agency information collection activities; proposals, submissions, and approvals
Document Number: E7-12005
Type: Notice
Date: 2007-06-21
Agency: Patent and Trademark Office, Department of Commerce
Public Advisory Committees
Document Number: E7-11918
Type: Notice
Date: 2007-06-20
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, Appendix I, Title IV, Subtitle G, 113 Stat.1501A-572, 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. 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.
United States Patent Applicant Survey
Document Number: E7-10672
Type: Notice
Date: 2007-06-04
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)).
Grant of Interim Extension of the Term of U.S. Patent No. 4,927,855; NUVIGIL(TM)
Document Number: E7-10084
Type: Notice
Date: 2007-05-24
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 one- year interim extension of the term of U.S. Patent No. 4,927,855.
Patent Public Advisory Strategic Planning Survey
Document Number: E7-10042
Type: Notice
Date: 2007-05-24
Agency: Department of Commerce, Patent and Trademark Office
The Patent and Trademark Office, Patent Public Advisory Committee, 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)).
Trademark Trial and Appeal Board (TTAB) Actions
Document Number: E7-10041
Type: Notice
Date: 2007-05-24
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)).
International Trademark Classification Changes
Document Number: E7-9764
Type: Rule
Date: 2007-05-22
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) 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 became effective January 1, 2007, and are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (9th ed., 2006), which is published by the World Intellectual Property Organization (WIPO). In addition, the Office is amending some punctuation and spelling in certain wording so the wording conforms to what appears in the Nice Agreement.
Submission for OMB Review; Comment Request
Document Number: E7-8883
Type: Notice
Date: 2007-05-09
Agency: Department of Commerce, U.s. Patent and Trademark Office, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E7-8456
Type: Notice
Date: 2007-05-03
Agency: Department of Commerce, Patent and Trademark Office
Request for Comments on International Efforts To Harmonize Substantive Requirements of Patent Laws
Document Number: E7-8416
Type: Notice
Date: 2007-05-03
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is seeking comments to obtain the views of the public on international efforts to harmonize substantive requirements of patent laws, and any potential subsequent changes to United States law and practice. Comments may be offered on any aspect of these efforts.
Submission for OMB Review; Comment Request
Document Number: E7-7250
Type: Notice
Date: 2007-04-17
Agency: Patent and Trademark Office, Department of Commerce
Revisions and Technical Corrections Affecting Requirements for Ex Parte
Document Number: E7-7202
Type: Rule
Date: 2007-04-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is revising the rules of practice relating to ex parte and inter partes reexamination. The Office is designating the correspondence address for the patent as the correct address for all communications for patent owners in an ex parte reexamination or an inter partes reexamination, and simplifying the filing of reexamination papers by providing for the use of a single ``mail stop'' address for the filing of substantially all ex parte reexamination papers (such is already the case for inter partes reexamination papers). The Office is revising the rules to prohibit supplemental patent owner responses to an Office action in an inter partes reexamination proceeding without a showing of sufficient cause. Finally, the Office is making miscellaneous clarifying changes as to terminology and applicability of the reexamination rules. The Office is not implementing its proposal (that was set forth in the proposed rule making) to newly provide for a patent owner reply to a request for reexamination, prior to the Office's decision on the request.
Correspondence With the Madrid Processing Unit of the United States Patent and Trademark Office
Document Number: E7-7116
Type: Rule
Date: 2007-04-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) revises the rules of practice to change the address for correspondence with the Madrid Processing Unit of the Office. The Office relocated to Alexandria, Virginia, in 2004, and hereby changes the address for correspondence with the Office relating to filings pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks to an Alexandria, Virginia address.
Submission for OMB Review; Comment Request
Document Number: E7-6735
Type: Notice
Date: 2007-04-10
Agency: Department of Commerce, Patent and Trademark Office
Patent and Trademark Financial Transactions
Document Number: E7-6731
Type: Notice
Date: 2007-04-10
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)).
Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar®
Document Number: E7-6698
Type: Notice
Date: 2007-04-10
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 third one-year interim extension of the term of U.S. Patent No. 4,650,787.
Submission for OMB Review; Comment Request
Document Number: E7-5137
Type: Notice
Date: 2007-03-21
Agency: United States Patent and Trademark Office, Patent and Trademark Office, Department of Commerce
Notice of the Removal of the Paper Search Collection of Registered Word-Only Marks From Trademark Search Library in Arlington, VA
Document Number: E7-3853
Type: Notice
Date: 2007-03-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') hereby provides sixty (60) days notice of the microfilming and removal of the paper search collection of registered marks consisting only of words from the USPTO's Trademark Search Facility in Arlington, VA. This Notice does not concern the paper search collection of registered marks that consist of or include design elements.
Changes to Representation of Others Before the United States Patent and Trademark Office
Document Number: 07-800
Type: Proposed Rule
Date: 2007-02-28
Agency: Department of Commerce, Patent and Trademark Office
In December 2003, the United States Patent and Trademark Office (Office) proposed amendments to, inter alia, the rules governing disciplinary proceedings for attorneys and agents who practice before the Office, principally rules 11.2, 11.3, 11.5, and 11.14 through 11.62. One hundred fifty-seven written comments were received. After reviewing the written comments, the Office has decided to revise several of the rules as then proposed and request additional comments on those revised proposals. Other proposed rules contained in the earlier Notice of Proposed Rule making remain under consideration by the Office. This supplemental notice of proposed rule making sets forth revisions that the Office is proposing to the rules governing the conduct of investigations and disciplinary proceedings. Interested individuals are invited to comment on the proposed revisions in the rules.
Practitioner Records Maintenance, Disclosure, and Discipline Before the Patent and Trademark Office
Document Number: E7-3209
Type: Notice
Date: 2007-02-26
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 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)).
Submission for OMB Review; Comment Request
Document Number: E7-3182
Type: Notice
Date: 2007-02-26
Agency: Patent and Trademark Office, Department of Commerce
April 2007 Revision of Patent Cooperation Treaty Procedures
Document Number: E7-2761
Type: Proposed Rule
Date: 2007-02-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is proposing to amend 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 will take effect on April 1, 2007. These amendments will 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 will 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 will clarify the circumstances and procedures under which the correction of an obvious mistake may be made in an international application. Finally, the Office is proposing to revise the search fee for international applications. Comment Deadline Date: Written comments must be received on or before March 19, 2007. No public hearing will be held.
Changes in the Requirements for Filing Requests for Reconsideration of Final Office Actions in Trademark Cases
Document Number: E7-2519
Type: Proposed Rule
Date: 2007-02-14
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 37 CFR 2.64 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.
Legal Processes
Document Number: E7-1871
Type: Notice
Date: 2007-02-06
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)).
Grant of Interim Extension of the Term of U.S. Patent No. 4,650,787; Sanvar®
Document Number: E7-1008
Type: Notice
Date: 2007-01-24
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 second one-year interim extension of the term of U.S. Patent No. 4,650,787.
Post Allowance and Refiling
Document Number: E7-908
Type: Notice
Date: 2007-01-23
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 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)).
Changes To Facilitate Electronic Filing of Patent Correspondence
Document Number: E7-906
Type: Rule
Date: 2007-01-23
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is amending the rules of practice to support implementation of the Office's electronic filing system (EFS) for patent correspondence, and in particular, the Web-based electronic filing system (EFS-Web). EFS- Web permits most patent correspondence, that is, most patent applications and other patent related documents, to be submitted in a portable document file (``PDF'') format. The major changes that the Office is adopting are changes to provide patent users with a process for showing that correspondence submitted in an application which has entered national stage under 35 U.S.C. 371 submitted via EFS-Web was actually received by the Office by relying on the acknowledgment receipt, and to treat certain correspondence as received, for timeliness purposes, as of the date submitted by applicant rather than the date received by the Office if the correspondence is filed via EFS- Web.
Changes to Implement Priority Document Exchange Between Intellectual Property Offices
Document Number: E7-113
Type: Rule
Date: 2007-01-16
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) has established a 21st Century Strategic Plan to transform the Office into a more quality-focused, highly productive, responsive organization supporting a market-driven intellectual property system. One goal of the 21st Century Strategic Plan is the electronic exchange of information and documents between intellectual property offices. Consistent with this goal, the Office is revising the rules of practice to provide for the electronic transfer of certified copies of applications for which priority is claimed under the Paris Convention (priority applications) from other intellectual property offices with which the Office has negotiated priority document exchange agreements. The Office is also revising the rules of practice to permit applicants to request that the Office permit other participating intellectual property offices to electronically retrieve certified copies of United States patent applications without payment of a fee. This electronic exchange of copies of priority documents will benefit applicants by reducing the cost of ordering paper certified copies of priority applications for filing in other participating intellectual property offices, and will benefit participating intellectual property offices by reducing the administrative costs associated with handling paper copies of priority documents and scanning them into their electronic image record management systems.
Secrecy and License To Export
Document Number: 07-91
Type: Notice
Date: 2007-01-12
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 currently approved 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: E6-22122
Type: Notice
Date: 2006-12-27
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-19 Dissemination Events and Registrations.'' We invite the public to comment on the system announced in this publication.
Submission for OMB Review; Comment Request
Document Number: E6-21121
Type: Notice
Date: 2006-12-12
Agency: Patent and Trademark Office, Department of Commerce
Performance Review Board (PRB)
Document Number: E6-19908
Type: Notice
Date: 2006-11-24
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.
Business Size Standard for Purposes of United States Patent and Trademark Office Regulatory Flexibility Analysis for Patent-Related Regulations
Document Number: E6-19573
Type: Notice
Date: 2006-11-20
Agency: Department of Commerce, Patent and Trademark Office
The Regulatory Flexibility Act permits an agency head to establish, for purposes of Regulatory Flexibility Act analysis and certification, one or more definitions of ``small business concern'' that are appropriate to the activities of the agency. Pursuant to this authority, the United States Patent and Trademark Office (USPTO) is establishing the Small Business Administration (SBA) business size standard for the purpose of paying reduced patent fees as the size standard for conducting an analysis or making a certification under the Regulatory Flexibility Act for patent-related regulations.
No FEAR Act Notice
Document Number: E6-18609
Type: Notice
Date: 2006-11-03
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office is providing notice to its employees, former employees, and applicants for employment of rights and remedies available under the Federal antidiscrimination and whistleblower protection laws as required by the Notification and Federal Employees Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), and the regulations of the Office of Personnel Management found at 5 CFR part 724.
Changes To Eliminate the Disclosure Document Program
Document Number: E6-18606
Type: Rule
Date: 2006-11-03
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) implemented the Disclosure Document Program in 1969 in order to provide an alternative form of evidence of conception of an invention to, for example, a ``self-addressed envelope'' containing a disclosure of an invention. It appears, however, that few, if any, inventors obtain any actual benefit from a disclosure document, and some inventors who use the Disclosure Document Program erroneously believe that they are actually filing an application for a patent. In addition, a provisional application for patent affords better benefits and protection to inventors than a disclosure document and could be used for the same purposes as a disclosure document if necessary. Therefore, the Office is eliminating the Disclosure Document Program.
Deposit of Biological Materials
Document Number: E6-17855
Type: Notice
Date: 2006-10-25
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 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: E6-16466
Type: Notice
Date: 2006-10-05
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E6-15138
Type: Notice
Date: 2006-09-13
Agency: Department of Commerce, Patemt Amd Trademark Office, Patent and Trademark Office
Initial Patent Applications
Document Number: E6-15048
Type: Notice
Date: 2006-09-12
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 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)).
Request for Comments on USPTO's Draft Strategic Plan for FY 2007-2012
Document Number: E6-14074
Type: Notice
Date: 2006-08-24
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) solicits comments on its draft strategic plan for 2007-2012. The Government Performance and Results Act of 1993 (GPRA) requires Federal agencies to establish a strategic plan covering not less than five years, and to solicit the views and suggestions of those entities potentially affected by or interested in the plan. The USPTO's current plan, The 21st Century Strategic Plan for 2003- 2008, may be viewed on the USPTO Web site at https://www.uspto.gov as can the agency's draft plan for 2007-2012.
Notice of Roundtable on the World Intellectual Property Organization (WIPO) Treaty on the Protection of the Rights of Broadcasting Organizations
Document Number: E6-13680
Type: Notice
Date: 2006-08-17
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) and United States Copyright Office (USCO) announce a public roundtable discussion concerning the work at the World Intellectual Property Organization (WIPO) in the Standing Committee on Copyright and Related Rights (SCCR) on a proposed Treaty On the Protection of the Rights of Broadcasting Organizations. Members of the public are invited to attend the roundtable, or to participate in the roundtable discussion, on the topics outlined in the supplementary information section of this notice.
Clarification of Filing Date Requirements for Ex Parte
Document Number: E6-12600
Type: Rule
Date: 2006-08-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is, in this final rule making, revising the rules of practice relating to the filing date requirements for ex parte and inter partes reexamination proceedings for consistency with the provisions of the patent statute governing ex parte and inter partes reexamination proceedings, and to permit the Office to have the full statutory three months to address a request for reexamination that is complete. The Office is specifically revising the rules to require that a request for ex parte reexamination or for inter partes reexamination must meet all the applicable statutory and regulatory requirements before a filing date is accorded to the request for ex parte reexamination or for inter partes reexamination.
Submission for OMB Review; Comment Request
Document Number: E6-12220
Type: Notice
Date: 2006-07-31
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: E6-10916
Type: Notice
Date: 2006-07-12
Agency: Department of Commerce, Patent and Trademark Office