Patent and Trademark Office – Federal Register Recent Federal Regulation Documents

Results 51 - 100 of 694
Grant of Interim Extension of the Term of U.S. Patent No. 6,406,699-ECI® (ELIAS Cancer Immunotherapy)
Document Number: 2019-22329
Type: Notice
Date: 2019-10-11
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting interim extension for a one-year interim extension of the term of U.S. Patent No. 6,406,699.
Patent Term Adjustment Reductions in View of the Federal Circuit Decision in Supernus Pharm., Inc.
Document Number: 2019-21271
Type: Proposed Rule
Date: 2019-10-04
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 patent term adjustment in view of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Supernus Pharm., Inc. v. Iancu (Supernus). The Federal Circuit in Supernus held that a reduction of patent term adjustment must be equal to the period of time during which the applicant failed to engage in reasonable efforts to conclude prosecution of the application. The Office is proposing to revise the provisions pertaining to reduction of patent term adjustment for alignment with the Federal Circuit decision in Supernus.
Changes to the Trademark Rules of Practice To Mandate Electronic Filing
Document Number: 2019-21178
Type: Rule
Date: 2019-10-02
Agency: Department of Commerce, Patent and Trademark Office
On July 31, 2019, the United States Patent and Trademark Office published in the Federal Register a final rule amending the Rules of Practice in Trademark Cases and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks. That final rule had an effective date of October 5, 2019. This action changes the effective date to December 21, 2019.
Eliminating Unnecessary Regulations
Document Number: 2019-20908
Type: Rule
Date: 2019-10-01
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) hereby amends the Rules of Practice in Patent Cases and Trial Practice Before the Patent Trial and Appeal Board (PTAB) by removing provisions in the Code of Federal Regulations that are no longer necessary. This final rule removes the rules governing reservation clauses, petitions from the refusal of a primary examiner to admit an amendment, the publication of amendments to the regulations, and limits that the Director can impose on the number of inter partes reviews and post-grant reviews heard by the PTAB. USPTO has evaluated existing regulations to identify those that should be repealed, replaced, or modified because they are outdated, unnecessary, ineffective, costly, or unduly burdensome to both government and private-sector operations. USPTO carried out this work, in part, through its participation in the Regulatory Reform Task Force (Task Force), which the Department of Commerce (Department or Commerce) established in accordance with Executive Order 13777, ``Enforcing the Regulatory Reform Agenda.'' Removal of the regulations identified in this final rule achieves the objective of making USPTO regulations more effective and more streamlined, while enabling the USPTO to fulfill its mission goals.
Request for Comments on Patenting Artificial Intelligence Inventions
Document Number: 2019-21190
Type: Notice
Date: 2019-09-30
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) published a request for comments in the Federal Register on August 27, 2019, seeking public comment on the subject of patenting artificial intelligence inventions. Through this notice, the USPTO is extending the period for public comment until November 8, 2019.
Legal Processes
Document Number: 2019-20266
Type: Notice
Date: 2019-09-19
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of the existing information collection: 0651-0046 (Legal Processes).
Increase of the Annual Limit on Accepted Requests for Track I Prioritized Examination
Document Number: 2019-18994
Type: Rule
Date: 2019-09-03
Agency: Department of Commerce, Patent and Trademark Office
The Leahy-Smith America Invents Act (America Invents Act) includes provisions for prioritized examination of patent applications, which have been implemented by the United States Patent and Trademark Office (USPTO or Office) in previous rulemakings. The America Invents Act provides that the Office may not accept more than 10,000 requests for prioritization in any fiscal year (October 1 to September 30) until regulations are prescribed setting another limit. This interim rule expands the availability of prioritized examination by increasing the limit on the number of prioritized examination requests that may be accepted in a fiscal year from 10,000 to 12,000.
Trademark Public Advisory Committee Public Hearing on the Proposed Trademark Fee Schedule
Document Number: 2019-18655
Type: Notice
Date: 2019-08-29
Agency: Department of Commerce, Patent and Trademark Office
Under Section 10 of the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO) may set or adjust by rule any patent or trademark fee established, authorized, or charged under Title 35 of the United States Code or the Trademark Act of 1946, respectively. The USPTO currently is planning to set or adjust trademark fees pursuant to its Section 10 fee setting authority. As part of the rulemaking process to set or adjust trademark fees, the Trademark Public Advisory Committee (TPAC) is required under Section 10 of the AIA to hold a public hearing about any proposed trademark fees, and the USPTO is required to assist TPAC in carrying out that hearing. To that end, the USPTO will make its proposed trademark fees available as set forth in the Supplementary Information section of this Notice before any TPAC hearing and will help the TPAC to notify the public about the hearing. Accordingly, this document announces the dates and logistics for the TPAC public hearing regarding USPTO proposed trademark fees. Interested members of the public are invited to testify at the hearing and/or submit written comments about the proposed trademark fees.
Request for Comments on Patenting Artificial Intelligence Inventions
Document Number: 2019-18443
Type: Notice
Date: 2019-08-27
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is interested in gathering information on patent-related issues regarding artificial intelligence inventions for purposes of evaluating whether further examination guidance is needed to promote the reliability and predictability of patenting artificial intelligence inventions. To assist in gathering this information, the USPTO is publishing questions on artificial intelligence inventions to obtain written comments from the public. The questions are designed to cover a variety of topics from patent examination policy to whether new forms of intellectual property protection are needed.
Performance Review Board (PRB)
Document Number: 2019-18407
Type: Notice
Date: 2019-08-27
Agency: Department of Commerce, Patent and Trademark Office
In conformance with the Civil Service Reform Act of 1978, the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.
Submission for OMB Review; Comment Request; “Patent Cooperation Treaty”
Document Number: 2019-18276
Type: Notice
Date: 2019-08-26
Agency: Department of Commerce, Patent and Trademark Office
Changes to the Trademark Rules of Practice To Mandate Electronic Filing
Document Number: 2019-16259
Type: Rule
Date: 2019-07-31
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) amends the Rules of Practice in Trademark Cases and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks to mandate electronic filing of trademark applications and all submissions associated with trademark applications and registrations, and to require the designation of an email address for receiving USPTO correspondence, with limited exceptions. This rule advances the USPTO's IT strategy to achieve complete end-to-end electronic processing of trademark-related submissions, thereby improving administrative efficiency by facilitating electronic file management, optimizing workflow processes, and reducing processing errors.
Setting and Adjusting Patent Fees During Fiscal Year 2020
Document Number: 2019-15727
Type: Proposed Rule
Date: 2019-07-31
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or USPTO) proposes to set or adjust patent fees as authorized by the Leahy-Smith America Invents Act (Act or AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The USPTO is a business-like operation where the demand for patent products and services and the cost of our operations are affected by external factors, such as the economy, legislation, court decisions, and increases in the costs of supplies and contract services, as well as internal factors, such as changes in patent examination processes and procedures. The proposed fee adjustments are needed to provide the Office with a sufficient amount of aggregate revenue to recover the aggregate cost of patent operations in future years (based on current projections) and to allow the Office to continue progress towards achieving strategic goals.
Office Patent Trial Practice Guide, July 2019 Update
Document Number: 2019-15083
Type: Notice
Date: 2019-07-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``Office'') issued a further update to the Office Patent Trial Practice Guide (``TPG'') in July 2019 to provide updated guidance to the public on standard practices before the Patent Trial and Appeal Board (``Board'') in the post-grant trial procedures implemented following the Leahy- Smith America Invents Act (``AIA''). The Office published the TPG to provide practitioners with guidance on typical procedures and times for taking action in AIA trials, as well as to ensure consistency of procedure among panels of the Board.
Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants
Document Number: 2019-14087
Type: Rule
Date: 2019-07-02
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) amends the Rules of Practice in Trademark Cases, the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, and the rules regarding Representation of Others Before the United States Patent and Trademark Office to require applicants, registrants, or parties to a trademark proceeding whose domicile is not located within the United States (U.S.) or its territories (hereafter foreign applicants, registrants, or parties) to be represented by an attorney who is an active member in good standing of the bar of the highest court of a state in the U.S. (including the District of Columbia or any Commonwealth or territory of the U.S.). A requirement that such foreign applicants, registrants, or parties be represented by a qualified U.S. attorney will instill greater confidence in the public that U.S. trademark registrations that issue to foreign applicants are not subject to invalidation for reasons such as improper signatures and use claims and enable the USPTO to more effectively use available mechanisms to enforce foreign applicant compliance with statutory and regulatory requirements in trademark matters.
Patent and Trademark Public Advisory Committees
Document Number: 2019-11724
Type: Notice
Date: 2019-06-05
Agency: Department of Commerce, Patent and Trademark Office
On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (``1999 Act''), 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 in the United States Code). The America Invents Act Technical Corrections Act made several amendments to the 1999 Act, including the requirement that the terms of the USPTO Public Advisory Committee members be realigned by 2014, so that December 1 be used as the start and end date, with terms staggered so that each year three existing terms expire and three new terms begin on December 1. Through this Notice, the USPTO is requesting nominations for up to three (3) members of the Patent Public Advisory Committee, and for up to three (3) members of the Trademark Public Advisory Committee, for terms of three years that begin on December 1, 2019.
Patent Term Adjustment Procedures in View of the Federal Circuit Decision in Supernus Pharm., Inc. v. Iancu
Document Number: 2019-09600
Type: Notice
Date: 2019-05-09
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is modifying its patent term adjustment procedures in view of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Supernus Pharm., Inc. v. Iancu (Supernus). The USPTO makes the patent term adjustment determinations indicated in patents by a computer program that uses information recorded in its Patent Application Locating and Monitoring (PALM) system. The event from which the Federal Circuit measured the beginning of the patent term adjustment reduction period in Supernusa notice to the applicant from a foreign patent authorityis not an event that is recorded in the USPTO's PALM system. Thus, the USPTO will continue to make the patent term adjustment determinations indicated in patents under the existing regulations using information recorded in its PALM system. A patentee who believes that the period of patent term adjustment reduction exceeds the period of time during which the patentee failed to engage in reasonable efforts to conclude prosecution of the application may raise the issue in a timely request for reconsideration of the patent term adjustment, providing any relevant information that is not recorded in the USPTO's PALM system. The USPTO's decision on any timely filed patentee request for reconsideration will apply the Federal Circuit's decision in Supernus in view of the information presented by the patentee.
National Medal of Technology and Innovation Nomination Evaluation Committee Meeting
Document Number: 2019-09107
Type: Notice
Date: 2019-05-03
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 June 5, 2019. The primary purpose of the meeting is to discuss the relative merits of persons, teams, and companies nominated for the NMTI.
Submission for OMB Review; Comment Request; “Invention Promoters/Promotion Firms Complaints”
Document Number: 2019-08674
Type: Notice
Date: 2019-04-30
Agency: Department of Commerce, Patent and Trademark Office
Patent Cooperation Treaty
Document Number: 2019-08026
Type: Notice
Date: 2019-04-22
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing collection: 0651-0021 (Patent Cooperation Treaty).
Notice Regarding Options for Amendments by Patent Owner Through Reissue or Reexamination During a Pending AIA Trial Proceeding (April 2019)
Document Number: 2019-08022
Type: Notice
Date: 2019-04-22
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'' or ``Office'') provides notice of information regarding existing Office practice as it pertains to reissue and reexamination procedures for amending claims available to patent owner during the pendency of a trial proceeding under the America Invents Act (``AIA'') involving the same patent. On October 29, 2018, the Office published a notice requesting comments on proposed modifications to current motion to amend (``MTA'') practice and procedures in AIA trial proceedings. In response to that notice, the Office received a number of comments and questions requesting clarification regarding existing reissue and reexamination procedures at the Office available while an AIA trial proceeding, including any appeal, involving the same patent is pending. In response to those comments and questions, this notice provides a summary of current practice regarding reissue and reexamination options in which patent owners may amend claims before and after the Patent Trial and Appeal Board (``PTAB'' or ``Board'') issues a final written decision in an AIA trial proceeding. This notice also provides summary information about factors the Office currently considers when determining whether to stay or suspend a reissue proceeding, or stay a reexamination, that involves a patent involved in an AIA proceeding, and also when and whether to lift such a stay or suspension.
International Trademark Classification Changes
Document Number: C1-2018-26373
Type: Rule
Date: 2019-04-19
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request; Patents External Quality Survey
Document Number: 2019-07642
Type: Notice
Date: 2019-04-17
Agency: Department of Commerce, Patent and Trademark Office
Notice of Third Public Meeting on Developing the Digital Marketplace for Copyrighted Works
Document Number: 2019-05116
Type: Notice
Date: 2019-03-19
Agency: Department of Commerce, National Telecommunications and Information Administration, Patent and Trademark Office
The Department of Commerce's internet Policy Task Force (Task Force) will hold a conference at the United States Patent and Trademark Office (USPTO) facility in Alexandria, Virginia, on March 28, 2019, to discuss current initiatives and technologies used to develop a more robust and collaborative digital marketplace for copyrighted works. In the previous public comments and meetings, the Task Force heard from stakeholders that the government can play a useful role by facilitating dialogues between and among industry sectors and by convening stakeholder groups to make recommendations on specific issues. Based on this feedback, the Task Force is organizing this meeting to build on the work of the prior meetings and continue to facilitate constructive, cross-industry dialogue about ways to promote a robust and collaborative online marketplace for copyrighted works.
Notice Regarding a New Pilot Program Concerning Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board
Document Number: 2019-04897
Type: Notice
Date: 2019-03-15
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'' or ``Office'') provides notice of 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''). In particular, a patent owner who files an MTA will have the ability to choose how that motion will proceed before the Board, including whether to request preliminary guidance from the Board on the MTA and whether to file a revised MTA. The Office previously published a notice requesting comments on proposed modifications to the current MTA practice and procedures. The Office has considered those comments and greatly appreciates the feedback. In view of the comments received, the Office has modified its prior proposal in certain respects as reflected in this notice, and will implement the MTA pilot program presented in this notice.
Requirement of U.S. Licensed Attorney for Foreign Trademark Applicants and Registrants
Document Number: 2019-02154
Type: Proposed Rule
Date: 2019-02-15
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) proposes to amend the Rules of Practice in Trademark Cases and the rules regarding Representation of Others Before the United States Patent and Trademark Office to require applicants, registrants, or parties to a proceeding whose domicile or principal place of business is not located within the United States (U.S.) or its territories (hereafter foreign applicants, registrants, or parties) to be represented by an attorney who is an active member in good standing of the bar of the highest court of a state in the U.S. (including the District of Columbia and any Commonwealth or territory of the U.S.). A requirement that such foreign applicants, registrants, or parties be represented by a qualified U.S. attorney will instill greater confidence in the public that U.S. registrations that issue to foreign applicants are not subject to invalidation for reasons such as improper signatures and use claims and enable the USPTO to more effectively use available mechanisms to enforce foreign applicant compliance with statutory and regulatory requirements in trademark matters.
Invention Promoters/Promotion Firms Complaints
Document Number: 2019-01948
Type: Notice
Date: 2019-02-12
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing information collection: 0651-0044 (Invention Promoters/Promotion Firms Complaints).
Grant of Interim Extension of the Term of U.S. Patent No. 7,534,790; Vernakalant Hydrochloride
Document Number: 2019-01049
Type: Notice
Date: 2019-02-05
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting interim extension under for a one-year interim extension of the term of U.S. Patent No. 7,534,790.
Patents External Quality Survey
Document Number: 2019-00611
Type: Notice
Date: 2019-02-01
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing information collection.
Submission for OMB Review; Comment Request; “International Work Sharing”
Document Number: 2019-00610
Type: Notice
Date: 2019-02-01
Agency: Department of Commerce, Patent and Trademark Office
Madrid Protocol
Document Number: 2018-26847
Type: Notice
Date: 2018-12-12
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing information collection: 0651-0051 (Madrid Protocol).
Practitioner Conduct and Discipline
Document Number: 2018-26846
Type: Notice
Date: 2018-12-12
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on this proposed extension of an existing information collection.
International Trademark Classification Changes
Document Number: 2018-26373
Type: Rule
Date: 2018-12-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) 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 are effective January 1, 2019, and are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (11th ed., ver. 2019), which is published by the World Intellectual Property Organization (WIPO).
Grant of Interim Extension of the Term of U.S. Patent No. 8,260,416; OPTIMIZER® Smart Implantable Pulse Generator
Document Number: 2018-25537
Type: Notice
Date: 2018-11-23
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting interim extension for a one-year interim extension of the term of U.S. Patent No. 8,260,416.
Interim Procedure for Requesting Recalculation of the Patent Term Adjustment With Respect to Information Disclosure Statements Accompanied by a Safe Harbor Statement
Document Number: 2018-24004
Type: Rule
Date: 2018-11-02
Agency: Department of Commerce, Patent and Trademark Office
The patent laws provide for patent term adjustment in the event that the issuance of the patent is delayed due to certain enumerated administrative delays. The USPTO makes the patent term adjustment determination included on the patent by a computer program that uses the information recorded in the USPTO's Patent Application Locating and Monitoring (PALM) system. The USPTO will be modifying its computer program that calculates patent term adjustment to recognize when an applicant files an information disclosure statement concurrently with a safe harbor statement. In order to assist both applicants and the USPTO, the USPTO is providing a new form for applicants to use when making a safe harbor statement. The USPTO is also establishing an interim procedure and providing a form for patentees to request a recalculation of their patent term adjustment determination for alleged errors due to the USPTO's failure to recognize that an information disclosure statement was accompanied by a safe harbor statement.
National Medal of Technology and Innovation Nomination Evaluation Committee Meeting
Document Number: 2018-23609
Type: Notice
Date: 2018-10-29
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 November 9, 2018. The primary purpose of the meeting is to discuss the relative merits of persons, teams, and companies nominated for the NMTI.
Submission for OMB Review; Comment Request; USPTO Websites Customer Satisfaction Surveys
Document Number: 2018-23553
Type: Notice
Date: 2018-10-29
Agency: Department of Commerce, Patent and Trademark Office
Request for Comments on Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board
Document Number: 2018-23187
Type: Notice
Date: 2018-10-29
Agency: Department of Commerce, Patent and Trademark Office
This Request for Comments seeks public input on certain practices and procedures that the Patent Trial and Appeal Board (``PTAB'' or ``Board'') of the United States Patent and Trademark Office (``Office'' or ``USPTO'') proposes regarding motions to amend filed in inter partes reviews (``IPR''), post-grant reviews (``PGR''), and covered business method patent reviews (``CBM'') pursuant to the provisions of the Leahy-Smith America Invents Act (``AIA'') providing for trial proceedings before the Office. Specifically, the Office seeks input on a proposed amendment process that would involve a preliminary non-binding decision by the Board that provides information to the parties regarding the merits of a motion to amend, and an opportunity for a patent owner to revise its motion to amend thereafter. In addition, the Office seeks input on a proposed pilot program implementing the new amendment process. The Office also seeks input regarding whether the Office should continue to allocate the burden of persuasion regarding patentability of substitute claims as set forth in a recent informative Board decision, as well as any suggestions the public may have as to motion to amend practice before the Board generally.
Access to Relevant Prior Art Initiative
Document Number: 2018-23338
Type: Notice
Date: 2018-10-25
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is implementing the first phase of the Access to Relevant Prior Art Initiative (``RPA Initiative'') to import citations (e.g., bibliographic data on forms PTO/SB/08 and PTO-892) from the immediate parent application into the continuing application. The citations corresponding to the documents considered by the examiner in the continuing application will be printed on the face of the patent issuing from the continuing application without the applicant having to resubmit the information on an Information Disclosure Statement. Additionally, an applicant's duty to disclose information in the continuing application will continue to be satisfied for information considered in the parent application and will be satisfied for any additional information made of record by the Office in the continuing application. The RPA Initiative is being developed in response to public input following an August 29, 2016, notice and September 28, 2016, roundtable event on leveraging electronic resources to retrieve information from applicant's other applications. The USPTO plans to implement the RPA Initiative in phases to consider and address public and examiner feedback at each phase and determine how to effectively expand the RPA Initiative in future phases.
Changes to the Claim Construction Standard for Interpreting Claims in Trial Proceedings Before the Patent Trial and Appeal Board
Document Number: 2018-22006
Type: Rule
Date: 2018-10-11
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'' or ``Office'') revises the claim construction standard for interpreting claims in inter partes review (``IPR''), post-grant review (``PGR''), and the transitional program for covered business method patents (``CBM'') proceedings before the Patent Trial and Appeal Board (``PTAB'' or ``Board''). In particular, the Office is replacing the broadest reasonable interpretation (``BRI'') standard such that claims shall now be construed using the same claim construction standard that is used to construe the claim in a civil action in federal district court. This rule reflects that the PTAB in an AIA proceeding will apply the same standard applied in federal courts to construe patent claims. The Office also amends the rules to add that any prior claim construction determination concerning a term of the claim in a civil action, or a proceeding before the International Trade Commission (``ITC''), that is timely made of record in an IPR, PGR, or CBM proceeding will be considered.
International Work Sharing
Document Number: 2018-21215
Type: Notice
Date: 2018-09-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing information collection: 0651-0079 (International Work Sharing).
Submission for OMB Review; Comment Request; “Post Patent Public Submissions”
Document Number: 2018-21214
Type: Notice
Date: 2018-09-28
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request; “Fee Deficiency Submissions”
Document Number: 2018-21213
Type: Notice
Date: 2018-09-28
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request; “Patent Reexamination and Supplemental Examinations”
Document Number: 2018-21212
Type: Notice
Date: 2018-09-28
Agency: Department of Commerce, Patent and Trademark Office
Matters Related to First Inventor To File
Document Number: 2018-19203
Type: Notice
Date: 2018-09-05
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act, invites comments on a proposed extension of an existing information collection: 0651-0069 (Matters Relating to First Inventor to File).
Patent Review and Derivation Proceedings
Document Number: 2018-19202
Type: Notice
Date: 2018-09-05
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995 invites comments on a proposed extension of an existing information collection: 0651-0069 (Patent Review and Derivation Proceedings).
Patents for Humanity Program
Document Number: 2018-19201
Type: Notice
Date: 2018-09-05
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 and as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing information collection: 0651-0066 (Patents for Humanity Program).
Office Patent Trial Practice Guide, August 2018 Update
Document Number: 2018-17315
Type: Notice
Date: 2018-08-13
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``Office'') issued an update to the Office Patent Trial Practice Guide (``TPG'') in August 2018 to provide updated guidance to the public on standard practices before the Patent Trial and Appeal Board (``Board'') in the post-grant trial procedures implemented following the Leahy-Smith America Invents Act (``AIA''). The Office publishes the TPG to provide practitioners with guidance on typical procedures and times for taking action in AIA trials, as well as to ensure consistency of procedure among panels of the Board.
Submission for OMB Review; Comment Request; “Post Registration (Trademark Processing)”
Document Number: 2018-16508
Type: Notice
Date: 2018-08-02
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request; “Rules for Patent Maintenance Fees”
Document Number: 2018-15877
Type: Notice
Date: 2018-07-25
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act. Agency: United States Patent and Trademark Office, Commerce. Title: Rules for Patent Maintenance Fees. OMB Control Number: 0651-0016. Form Number(s):