Patent and Trademark Office – Federal Register Recent Federal Regulation Documents

The United States Patent and Trademark Office (USPTO or Office) is adopting the recently revised World Intellectual Property Organization (WIPO) Standard ST.26, version 1.6, approved November 25, 2022, for incorporation by reference into its regulations addressing application disclosures containing nucleotide and/or amino acid sequences. The USPTO is also correcting a grammatical oversight in one of its sequence regulations. The USPTO first amended its rules in 2022 to incorporate by reference certain provisions of WIPO Standard ST.26. In addition to simplifying the process for applicants filing in multiple countries, the ST.26 requirement to submit a single sequence listing in eXtensible Mark-up Language (XML) format provides better preservation, accessibility, and sorting of the submitted sequence data for the public. Among other improvements, the new version of ST.26 clarifies requirements, improves descriptions, and corrects editorial mistakes.

The United States Patent and Trademark Office (USPTO or Office) currently implements a pilot program for motion to amend (MTA) practice and procedures in trial proceedings under the America Invents Act (AIA) before the Patent Trial and Appeal Board (PTAB or Board). The USPTO seeks public comments on whether the MTA Pilot Program's procedures should be made permanent, and if so, whether any modifications would be beneficial. Additionally, the USPTO previously issued rulemaking covering the allocation of the burdens of persuasion in MTA proceedings. The USPTO seeks public input on the practical effects of the rules on the parties and AIA proceedings, and whether modifications to the rules, or additional guidance on implementing the rules, would be beneficial. Lastly, the USPTO seeks input on whether the Board should have broader authority to raise sua sponte grounds in the MTA process.

The United States Patent and Trademark Office (USPTO or Office) previously published a notice requesting comments on the scientific and technical requirements to practice in patent matters before the USPTO. Specifically, the Office sought input on whether it should revise the scientific and technical criteria for admission to practice in patent matters to require the USPTO to periodically review certain applicant degrees on a predetermined timeframe, make certain modifications to the accreditation requirement for computer science degrees, and add clarifying instructions to the General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases before the United States Patent and Trademark Office (GRB) for limited recognition applicants. The USPTO has considered the comments and, based on the support for the proposals, is implementing updates to the GRB. Expanding the admission criteria of the patent bar would encourage broader participation and keep up with the ever- evolving technology and related teachings that qualify someone to practice before the USPTO.

The United States Patent and Trademark Office (USPTO) is announcing the date, time, and place of a public hearing that will be held by the Patent Public Advisory Committee (PPAC) on the USPTO's proposed setting or adjusting of patent fees pursuant to the USPTO's fee setting authority under section 10 of the Leahy-Smith America Invents Act (AIA), as amended. The USPTO will make its proposed patent fees availableas set forth in the SUPPLEMENTARY INFORMATION section of this noticebefore the PPAC hearing. The public is invited to testify at the hearing and submit written comments regarding proposed patent fees.

The United States Patent and Trademark Office (USPTO or Office) is delaying the implementation of the biennial mandatory registration statement required from registered patent practitioners and individuals granted limited recognition to practice before the USPTO in patent matters indefinitely.

Pursuant to its statutory authority to conduct intellectual property programs, the United States Patent and Trademark Office (USPTO or Office) is launching a pilot program to promote and incentivize brand owners who offer products and services that help address humanitarian issues utilizing a federally registered trademark. The pilot program will be conducted as an awards competition. For the inaugural program, the humanitarian theme will be the environment. Participating trademark owners will submit program applications describing how the provision of their goods or services, in connection with a trademark registered by the USPTO, has addressed a humanitarian environmental problem impacting people or the planet.

The United States Patent and Trademark Office (USPTO or Office) will begin transitioning to the Patent Center Electronic Office (e-Office) Action program upon publication of this notice. The Patent Center e-Office Action program is designed to modernize the e-Office action process and further streamline the USPTO's service delivery processes. Implementation of the Patent Center e-Office Action program is another step in the USPTO's transition to Patent Center, a more modern, user-friendly system that provides improved system performance and a more intuitive user experience. Once fully implemented, the Patent Center e-Office Action program will replace the existing e- Office Action program available to users of the Private Patent Application Information Retrieval (PAIR) system. In addition, the Patent Center e-Office Action program offers a new option for users to receive courtesy postcards by email (e-postcards) as a reminder that there are available USPTO communications that have not been viewed or downloaded. The USPTO is implementing the e-postcard option based on feedback from customers, particularly to reduce paper consumption and mitigate the impact of potential postal delays. Through this notice, the USPTO seeks public comments on eliminating the postal postcard for all Patent Center e-Office Action program users in the future. As with the existing program, participation in the Patent Center e-Office Action program is optional.

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. 9,314,630 ('630 patent).

The United States Patent and Trademark Office (Office or USPTO) amends 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). The UAIA, signed into law on December 29, 2022, supports the USPTO's efforts to reduce the innovation ecosystem's barriers to entry. The UAIA increased fee discounts for small entities from 50% to 60% and fee discounts for micro entities from 75% to 80% for fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. The UAIA also increased fee discounts for small entities from 75% to 80% for filing a basic nonprovisional utility application electronically.

To provide updates to patent examination policy and procedures in a single source, which will improve access to essential guidance for all stakeholders and help to ensure issuance of robust and reliable patents that promote and protect innovation, the United States Patent and Trademark Office (USPTO or Office) issued a revision of the Ninth Edition of the Manual of Patent Examining Procedure (MPEP), published in February 2023 (July 2022 revision). The MPEP provides patent examiners and the public with a reference work on the practices and procedures relative to the prosecution of patent applications and other proceedings before the USPTO. The MPEP contains instructions to examiners, as well as other material in the nature of information and interpretation, and outlines the current procedures that examiners are required or authorized to follow in the normal examination of patent applications and during other Office proceedings.

The United States Patent and Trademark Office (USPTO) is implementing electronic patent issuance to reduce pendency of patent applications, foster a green economy by reducing paper waste, and permit complete issued patents to be viewable and printable by both the applicants as well as the public immediately upon issuance in Patent Center, the USPTO's electronic patent application filing and management system. Patent grants will no longer be issued on paper, and as a result, they will no longer be mailed to the correspondence address of record as part of the patent issuance process. During a transition period, the USPTO will provide a paper copy of the electronic patent grant as a courtesy ceremonial copy, delivered to the patentee's correspondence address of record. After the transition period, a selection of patent grant copies, including the ceremonial copy, will be available for purchase at a nominal charge. The electronic patent grant will be the official statutory patent grant.

The National Medal of Technology and Innovation (NMTI or Medal) is the nation's highest honor for technological achievement, bestowed by the president of the United States on America's leading innovators. The Medal is awarded to individuals, teams (up to four individuals), companies or divisions of companies for their outstanding contributions to America's economic, environmental and social well- being. The NMTI Nomination Evaluation Committee will meet in a closed session on March 13, 2023. The primary purpose of the meeting is to discuss the relative merits of the people, teams, and companies nominated for the NMTI.

To continue to support the acceleration of innovations in the fight against COVID-19 during the public health emergency, the United States Patent and Trademark Office (USPTO or Office) is extending the modified COVID-19 Prioritized Examination Pilot Program, which provides prioritized examination of certain patent applications. Requests that are compliant with the pilot program's requirements and are filed on or before May 11, 2023, will be accepted.

The United States Patent and Trademark Office (USPTO) plays an important role in incentivizing and protecting innovation, including innovation driven by artificial intelligence (AI), to ensure continued U.S. leadership in AI and other emerging technologies (ET). The USPTO's Texas Regional Office will host a public meeting on innovation driven by AI on February 8, 2023, at 11 a.m. CT. The meeting will be held in collaboration with the Dallas Bar Association (DBA) Intellectual Property (IP) section and the State Bar of Texas IP section. This will be the third meeting in the USPTO's AI/ET Partnership Series. First announced in June 2022, the AI/ET Partnership provides an opportunity to bring stakeholders together through a series of engagements to share ideas, feedback, experiences, and insights on the intersection of IP and AI/ET.

The United States Patent and Trademark Office (Office or USPTO) published a request for comments in the Federal Register on October 18, 2022, seeking comments from the public on the requirements to practice before the Patent Trial and Appeal Board (PTAB). Through this notice, the Office is extending the period for written public comments until January 31, 2023.

To speed up patent examination and give applicants more comprehensive prior art by combining the search expertise of United States Patent and Trademark Office (USPTO), Japan Patent Office (JPO), and Korean Intellectual Property Office (KIPO) examiners before issuing a first Office action, the USPTO, in partnership with the JPO and the KIPO, is extending the Expanded Collaborative Search Pilot (CSP) program for an additional two years, through October 31, 2024. Requests to participate in the Expanded CSP program that were filed between October 31, 2022, and January 18, 2023, will be considered. In addition, the partner intellectual property (IP) offices have collaborated on a new petition option for participation in the Expanded CSP program. The new petition option, which has several enhancements compared to the current petition form and process, permits an applicant to file a combined petition in either the USPTO or one of the partner IP offices rather than separate petitions in each office. Enhancements include a more user-friendly layout, the addition of multilingual text, and a foundation for data collection that both satisfies the petition requirements and streamlines the process for partaking in the Expanded CSP program.

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- 0081 Law School Clinic Certification Program. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.

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 recognizes that, during the transition, some applicants have been hesitant to file patent applications in DOCX format. On April 28, 2022, the USPTO announced that, for a temporary period, ending on December 31, 2022, it was providing patent applicants with the option to submit an applicant- generated PDF version of the application along with the DOCX file(s) when filing an application in Patent Center. Based on stakeholder requests, the USPTO is extending the temporary period during which patent applicants have the option to submit an applicant-generated PDF of the application along with the validated DOCX file(s) when filing an application in Patent Center through June 30, 2023. To encourage greater adoption of DOCX so that the USPTO can move forward with its other modernization and harmonization efforts, there is no change to the January 1, 2023, effective date of the non-DOCX filing surcharge fee.

The United States Patent and Trademark Office (USPTO) and the United States Copyright Office (USCO) (collectively, the Offices) are conducting a joint study regarding issues of intellectual property (IP) law and policy associated with non-fungible tokens (NFTs). The Offices seek public comments on these matters to assist in their work on IP policy related to NFTs and in conducting the study. In addition, the Offices are announcing a series of three public roundtables to allow them to gather further input.

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- 0020 Patent Term Extension and Adjustment. The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.

The United States Patent and Trademark Office (USPTO or Office) is amending the patent rules of practice to provide that the receipt date of correspondence officially submitted electronically by way of the USPTO patent electronic filing system is the date in the Eastern time zone of the United States (Eastern Time) when the USPTO received the correspondence rather than the date on which the correspondence is received at the correspondence address in Alexandria, Virginia. This change is necessary because the USPTO is expecting to provide servers for receiving electronic submissions in locations that are separate from the USPTO headquarters in Alexandria, Virginia. This change will ensure consistency and predictability with respect to correspondence receipt dates, as the date of receipt accorded to correspondence submitted electronically will not depend on the location of USPTO servers. The USPTO is also amending the patent rules of practice to make other clarifying changes regarding the receipt of electronic submissions, including providing a definition for Eastern Time. These changes harmonize the patent rules with the trademark rules and provide clarity regarding the date of receipt of electronic submissions.