Patent and Trademark Office – Federal Register Recent Federal Regulation Documents

Results 401 - 450 of 777
Rules for Patent Maintenance Fees
Document Number: 2011-22792
Type: Notice
Date: 2011-09-07
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 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 and Trademark Resource Centers Metrics
Document Number: 2011-22044
Type: Notice
Date: 2011-08-30
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 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)).
Establishing a One-Year Retention Period for Patent-Related Papers That Have Been Scanned Into the Image File Wrapper System or the Supplemental Complex Repository for Examiners
Document Number: 2011-21964
Type: Notice
Date: 2011-08-29
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is considering establishing a retention period of one year for patent- related papers that have been scanned into the Image File Wrapper system (IFW) or the Supplemental Complex Repository for Examiners (SCORE). Specifically, the USPTO is considering establishing a one-year retention period that begins on September 1, 2011, for papers scanned into IFW or SCORE prior to September 1, 2011; or a paper's submission date, for papers scanned into IFW or SCORE on or after September 1, 2011. After the expiration of the one-year retention period (after September 1, 2012, or later), the USPTO would dispose of the paper unless, within sufficient time prior to disposal of the paper, the relevant patent applicant, patent owner, or reexamination party files a bona fide request to correct the electronic record of the paper in IFW or SCORE, and the request remains outstanding at the time disposal of the paper would have otherwise occurred. Establishing a one-year retention period for papers scanned into IFW or SCORE would replace the USPTO's past practice of indefinitely retaining the papers, which has been rendered unnecessary and cost-ineffective by improvements in scanning and indexing.
Public Key Infrastructure (PKI) Certificate Action Form
Document Number: 2011-20097
Type: Notice
Date: 2011-08-09
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 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: 2011-19970
Type: Notice
Date: 2011-08-08
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2011-19497
Type: Notice
Date: 2011-08-02
Agency: Department of Commerce, Patent and Trademark Office
Revision of the Materiality to Patentability Standard for the Duty To Disclose Information in Patent Applications
Document Number: 2011-18408
Type: Proposed Rule
Date: 2011-07-21
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office or PTO) is proposing to revise the standard for materiality for the duty to disclose information in patent applications and reexamination proceedings in light of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit or Court) in Therasense, Inc. v. Becton, Dickinson & Co. Specifically, the Office is proposing to revise the materiality standard for the duty to disclose to match the materiality standard, as defined in Therasense, for the inequitable conduct doctrine. While Therasense does not require the Office to harmonize the materiality standards underlying the duty of disclosure and the inequitable conduct doctrine, the Office believes that there are important reasons to do so. The materiality standard set forth in Therasense should reduce the frequency with which applicants and practitioners are being charged with inequitable conduct, consequently reducing the incentive to submit information disclosure statements containing marginally relevant information and enabling applicants to be more forthcoming and helpful to the Office. At the same time, it should also continue to prevent fraud on the Office and other egregious forms of misconduct. Additionally, harmonization of the materiality standards is simpler for the patent system as a whole.
Statutory Invention Registration
Document Number: 2011-18092
Type: Notice
Date: 2011-07-19
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)).
Patent Prosecution Highway (PPH) Program
Document Number: 2011-17077
Type: Notice
Date: 2011-07-08
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)).
Trademark Board Manual of Procedure, Third Edition
Document Number: 2011-16605
Type: Notice
Date: 2011-07-01
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') issued the third edition of the Trademark Board Manual of Procedure (``TBMP'') on May 6, 2011.
Revision of Patent Fees for Fiscal Year 2012
Document Number: 2011-16001
Type: Proposed Rule
Date: 2011-06-27
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing to adjust certain patent fee amounts for fiscal year 2012 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.
Applications for Trademark Registration
Document Number: 2011-15016
Type: Notice
Date: 2011-06-17
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)).
Patent and Trademark Financial Transactions
Document Number: 2011-14387
Type: Notice
Date: 2011-06-10
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)).
Admittance to Practice and Roster of Registered Patent Attorneys and Agents Admitted to Practice Before the United States Patent and Trademark Office (USPTO) (Proposed Addition)
Document Number: 2011-13369
Type: Notice
Date: 2011-05-31
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 currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Changes To Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control Procedures
Document Number: 2011-10376
Type: Rule
Date: 2011-04-29
Agency: Department of Commerce, Patent and Trademark Office
On April 4, 2011, the United States Patent and Trademark Office (Office) published a final rule that revises the rules of practice in patent cases to implement a procedure under which applicants may request prioritized examination at the time of filing of an application upon payment of appropriate fees and compliance with certain requirements (Track I final rule). The prioritized examination procedure is the first track (Track I) of a 3-Track examination process designed to provide applicants with greater control over when their nonprovisional utility and plant applications are examined and to promote greater efficiency in the patent examination process. The Track I final rule states that the effective date is May 4, 2011, and that a request for prioritized examination may be submitted with any original utility or plant application filed on or after May 4, 2011. The Office is hereby notifying the public that the Track I final rule effective date and applicability date have been delayed until further notice.
Streamlined Patent Reexamination Proceedings; Notice of Public Meeting
Document Number: 2011-9805
Type: Proposed Rule
Date: 2011-04-25
Agency: Department of Commerce, Patent and Trademark Office
This document announces a public meeting to solicit public opinions on a number of changes being considered by the United States Patent and Trademark Office (USPTO) to streamline the procedures governing ex parte and inter partes reexamination proceedings. These changes are intended to achieve faster, more efficient resolution of the substantial new question of patentability (SNQ) for which reexamination is ordered. The proposed changes in this document are divided into three categories: changes to both ex parte and inter partes reexaminations, changes specific to ex parte reexamination, and changes specific to inter partes reexamination. After soliciting public opinions regarding this document, the USPTO may seek to adopt one or more of the proposed changes or a modified version thereof, or other changes suggested by the public, through a rule making or through internal operational changes as appropriate.
Public Advisory Committees
Document Number: 2011-9085
Type: Notice
Date: 2011-04-14
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''), Public Law 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 at the expiration of the predecessors' terms, or on October 6, 2011.
Submission for OMB Review; Comment Request
Document Number: 2011-8502
Type: Notice
Date: 2011-04-11
Agency: Department of Commerce, Patent and Trademark Office
Revision of Patent Term Extension and Adjustment Provisions Relating to Appellate Review and Information Disclosure Statements
Document Number: 2011-8275
Type: Proposed Rule
Date: 2011-04-06
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing to revise the patent term adjustment and extension provisions of the rules of practice in patent cases. The patent term adjustment provisions of the American Inventors Protection Act of 1999 (AIPA) and the patent term extension provisions of the Uruguay Round Agreements Act (URAA) each provide for patent term extension or adjustment if the issuance of the patent was delayed due to appellate review by the Board of Patent Appeals and Interferences (BPAI) or by a Federal court and the patent was issued pursuant to or under a decision in the review reversing an adverse determination of patentability. The Office is proposing to change the rules of practice to indicate that in most circumstances an examiner reopening prosecution of the application after a notice of appeal has been filed will be considered a decision in the review reversing an adverse determination of patentability for purposes of patent term adjustment or extension purposes. Therefore, in such situations, patentees would be entitled to patent term extension or adjustment. In addition, the AIPA provides for a reduction of any patent term adjustment if the applicant failed to engage in reasonable efforts to conclude prosecution of the application. The Office is also proposing to change the rules of practice pertaining to the reduction of patent term adjustment for applicant delays to exclude information disclosure statements resulting from the citation of information by a foreign patent office in a counterpart application that are promptly filed with the Office. For example, under the proposed rule, there would not be a reduction of patent term adjustment in the following situations: When applicant promptly submits a reference in an information disclosure statement after the mailing of a notice of allowance if the reference was cited by the Office in another application, or when applicant promptly submits a copy of an Office communication (e.g., an Office action) in an information disclosure statement after the mailing of a notice of allowance if the Office communication was issued by the Office in another application or by a foreign patent office in a counterpart foreign application.
Changes To Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control Procedures
Document Number: 2011-7807
Type: Rule
Date: 2011-04-04
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 to implement a procedure under which applicants may request prioritized examination at the time of filing of an application upon payment of appropriate fees and compliance with certain requirements. In June of 2010, the Office requested comments on a proposal to provide applicants with greater control over when their utility and plant applications are examined and to promote greater efficiency in the patent examination process (3- Track). The Office, in addition to requesting written comments, conducted a public meeting to collect input from the public. The vast majority of public comments and input that the Office received were supportive of the prioritized examination track (Track I) portion of the 3-Track proposal. While the Office is in the process of considering and revising the other portions of the 3-Track proposal in view of the public comments and input, the Office wishes to implement the prioritized examination track (Track I) now to provide the procedure for prioritized examination to applicants as quickly as possible. In February of 2011, the Office published a notice of proposed rule making to set forth the proposed procedure for prioritized examination and to seek public comments on the proposed procedure. The Office considered the public comments and revised the proposed procedure in view of the public comments. The Office, in this final rule, is revising the rules of practice to implement the optional procedure for prioritized examination. The aggregate goal for processing applications under prioritized examination is to provide a final disposition within twelve months of prioritized status being granted. The Office is initially limiting requests for prioritized examination to a maximum of 10,000 applications during the remainder of fiscal year 2011.
Improving Regulation and Regulatory Review
Document Number: 2011-6660
Type: Proposed Rule
Date: 2011-03-22
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'' or ``Office'') is preparing a preliminary plan to review its existing significant regulations in response to the President's Executive Order 13563 on Improving Regulation and Regulatory Review. The purpose of this regulatory review is to determine whether any of these regulations should be modified, streamlined, expanded, or repealed in order to make the Office's regulatory program more effective and less burdensome. More effective and less burdensome regulations will help the Office in its mission to foster innovation and competitiveness through providing high quality and timely examination of patent and trademark applications, guiding domestic and international intellectual property policy, and delivering intellectual property information and education worldwide. The Office is asking the public to provide ideas and information about preparing such a review plan and to help the Office identify which regulations should be reviewed.
Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks)
Document Number: 2011-5902
Type: Notice
Date: 2011-03-15
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 currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Proposed Information Collection Requirements Under OMB Review; Certain Patent Petitions Requiring a Fee
Document Number: 2011-4456
Type: Notice
Date: 2011-03-02
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 currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Proposed Collection; Patent Examiner Employment Application
Document Number: 2011-4458
Type: Notice
Date: 2011-03-01
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 take this opportunity to comment on the revision 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)).
Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications
Document Number: 2011-2841
Type: Notice
Date: 2011-02-09
Agency: Department of Commerce, Patent and Trademark Office
These supplementary guidelines are intended to assist United States Patent and Trademark Office (Office) personnel in the examination of claims in patent applications for compliance with 35 U.S.C. 112, second paragraph, which requires that claims particularly point out and distinctly claim the subject matter that applicant regards as his or her invention. In addition, supplemental information is provided to assist Office personnel in the examination of claims that contain functional language for compliance with 35 U.S.C. 112, especially computer-implemented invention claims. The guidelines also include information to assist Office personnel in the examination of dependent claims for compliance with 35 U.S.C. 112, fourth paragraph. The guidelines are a supplement to the current provisions in the Manual of Patent Examining Procedure (MPEP) pertaining to 35 U.S.C. 112, and the current provisions in the MPEP pertaining to 35 U.S.C. 112 remain in effect except as where indicated in these guidelines.
Changes To Implement the Prioritized Examination Track (Track I) of the Enhanced Examination Timing Control Procedures
Document Number: 2011-2585
Type: Proposed Rule
Date: 2011-02-04
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (Office) requested comments on a proposal to provide applicants with greater control over when their utility and plant applications are examined and to promote greater efficiency in the patent examination process (3- Track). The Office, in addition to requesting written comments, conducted a public meeting to collect input, and has subsequently considered the wide range of comments received. The Office is in the process of refining the 3-Track proposal in light of the input. While that process continues, and in light of the fact that the vast majority of public input was supportive of the Track I portion of the 3-Track proposal, the Office proposes by this Notice to proceed with immediate implementation of the Prioritized Examination Track (Track I), providing fast examination for applicants desiring it, upon payment of the applicable fee and compliance with the additional requirements as described below.
Grant of Interim Extension of the Term of U.S. Patent No. 4,971,802; MIFAMURTIDE
Document Number: 2011-2088
Type: Notice
Date: 2011-02-01
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 fourth one-year interim extension of the term of U.S. Patent No. 4,971,802.
Submission for OMB Review; Comment Request
Document Number: 2011-1731
Type: Notice
Date: 2011-01-27
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2011-1343
Type: Notice
Date: 2011-01-24
Agency: Department of Commerce, Patent and Trademark Office
National Medal of Technology and Innovation Call for 2011 Nominations
Document Number: 2010-32906
Type: Notice
Date: 2010-12-30
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 the National Medal of Technology and Innovation (NMTI). Since establishment by Congress in the Stevenson-Wydler Technology Innovation Act of 1980, the President of the United States has awarded the National Medal of Technology and Innovation (initially 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: http://go.usa.gov/1dU.
Submission for OMB Review; Comment Request
Document Number: 2010-32738
Type: Notice
Date: 2010-12-29
Agency: Department of Commerce, Patent and Trademark Office
Coding of Design Marks in Registrations
Document Number: 2010-32564
Type: Notice
Date: 2010-12-28
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') proposes to discontinue its secondary design coding, the practice of coding newly registered trademarks in its searchable electronic database with design mark codes based on the old paper search designations.
Pilot Program for Extended Time Period To Reply to a Notice To File Missing Parts of Nonprovisional Application
Document Number: 2010-30822
Type: Notice
Date: 2010-12-08
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) previously published a notice requesting comments on a proposed change to missing parts practice in nonprovisional applications. The USPTO has considered the comments and is implementing a pilot program (Extended Missing Parts Pilot Program) in which an applicant can request a twelve-month time period to pay certain fees and to reply to a Notice to File Missing Parts of Nonprovisional Application. Under the Extended Missing Parts Pilot Program, applicant must file a nonprovisional application within twelve months of the filing date of a provisional application and directly claim the benefit of the provisional application, as well as submit a certification and request to participate in the Extended Missing Parts Pilot Program with the nonprovisional application. In addition, applicant must not file a nonpublication request. Applicant will be given a twelve-month period to decide whether the nonprovisional application should be completed by paying the search fee, the examination fee, any excess claim fees, and the surcharge ($130.00 for non-small entity or $65.00 for small entity) for the late submission of the search fee and examination fee within that twelve-month period. The nonprovisional application will be published under the existing eighteen-month publication provisions. Therefore, applicant should also submit the basic filing fee, an executed oath or declaration, and application papers that are in condition for publication, on filing of the application with the request to participate in the pilot. If the basic filing fee, an executed oath declaration, and/or application papers that are in condition for publication are not submitted with the application and the request to participate in the pilot, applicant will need to submit these items within a two-month (extendable) time period. In view of the comments, the USPTO is cautiously moving forward by implementing the proposed procedure as a pilot program. Specifically, the pilot program will require applicant to submit a certification and request to participate in the pilot program, rather than automatically applying the procedure to all applicants. The USPTO is providing a certification and request form that includes educational information regarding domestic benefit claims, foreign filings, patent term adjustment (PTA) effects, the need for a complete disclosure of the invention, potential increase in fees, and the benefits of submitting a complete set of claims. In addition, the USPTO is implementing a number of educational initiatives to assist independent inventors and other applicants. The Extended Missing Parts Pilot Program will benefit applicants by permitting additional time to determine if patent protection should be soughtat a relatively low costand by permitting applicants to focus efforts on commercialization during this period. The Extended Missing Parts Pilot Program will benefit the USPTO and the public by adding publications to the body of prior art, and by removing from the USPTO's workload those nonprovisional applications for which applicants later decide not to pursue examination. Applicants are advised that the extended missing parts period does not affect the twelve-month priority period provided by the Paris Convention for the Protection of Industrial Property. Thus, any foreign filings must still be made within twelve months of the filing date of the provisional application if applicant wishes to rely on the provisional application in the foreign-filed application or if protection is desired in a country requiring filing within twelve months of the earliest application for which rights are left outstanding in order to be entitled to priority.
Extension of the Patent Application Backlog Reduction Stimulus Plan
Document Number: 2010-29360
Type: Notice
Date: 2010-11-22
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) provides a basis (the Patent Application Backlog Reduction Stimulus Plan) under which an applicant may have an application accorded special status for examination if the applicant expressly abandons another copending unexamined application. The Patent Application Backlog Reduction Stimulus Plan allows applicants having multiple applications currently pending before the USPTO to have greater control over the priority with which their applications are examined while also stimulating a reduction of the backlog of unexamined patent applications pending before the USPTO. The USPTO is extending the Patent Application Backlog Reduction Stimulus Plan until December 31, 2011.
Trademark Manual of Examining Procedure, Seventh Edition
Document Number: 2010-28810
Type: Notice
Date: 2010-11-16
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') issued the seventh edition of the Trademark Manual of Examining Procedure (``TMEP''), and made available archived copies of the fourth, fifth, and sixth editions, on October 15, 2010.
National Medal of Technology and Innovation Nomination Evaluation Committee Meeting
Document Number: 2010-28802
Type: Notice
Date: 2010-11-15
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, November 30, 2010. The primary purpose of the meeting is the discussion of relative merits of persons and companies nominated for the NMTI award.
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
Document Number: 2010-28493
Type: Proposed Rule
Date: 2010-11-15
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) proposes changes to rules governing practice before the Board of Patent Appeals and Interferences (Board or BPAI) in ex parte patent appeals. After considering public comments raised in response to an Advanced Notice of Proposed Rulemaking, which proposed potential modifications to the stayed final rule, the Office is proposing to rescind the stayed final rule and is issuing this notice seeking public comment on proposed new revisions to the current rule. The goal of this proposed rulemaking is to simplify the appellate process in a manner that effects an overall lessening of the burden on appellants and examiners to present an appeal to the Board.
Expansion and Extension of the Green Technology Pilot Program
Document Number: 2010-28394
Type: Notice
Date: 2010-11-10
Agency: Department of Commerce, Patent and Trademark Office
On December 8, 2009, the United States Patent and Trademark Office (USPTO) implemented the Green Technology Pilot Program, which permits patent applications pertaining to environmental quality, energy conservation, development of renewable energy resources, and greenhouse gas emission reduction to be advanced out of turn for examination and reviewed earlier (accorded special status). The program is designed to promote the development of green technologies. Initially, participation was limited to applications filed before December 8, 2009. The USPTO is hereby expanding the eligibility for the pilot program to include applications filed on or after December 8, 2009. The program is also being extended until December 31, 2011. These changes will permit more applications to qualify for the program, thereby allowing more inventions related to green technologies to be advanced out of turn for examination and reviewed earlier.
Native American Tribal Insignia Database
Document Number: 2010-26975
Type: Notice
Date: 2010-10-26
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)).
Green Technology Pilot Program
Document Number: 2010-26376
Type: Notice
Date: 2010-10-20
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 currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Performance Review Board (PRB)
Document Number: 2010-25860
Type: Notice
Date: 2010-10-14
Agency: Department of Commerce, United States Patent and Trademark Office, 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.
Grant of Interim Extension of the Term of U.S. Patent No. 5,407,914; SURFAXIN® (Lucinactant)
Document Number: 2010-25768
Type: Notice
Date: 2010-10-13
Agency: Department of Commerce, United States Patent and Trademark Office, 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 second one-year interim extension of the term of U.S. Patent No. 5,407,914.
Grant of Interim Extension of the Term of U.S. Patent No. 4,919,140; AndaraTM
Document Number: 2010-25767
Type: Notice
Date: 2010-10-13
Agency: Department of Commerce, United States Patent and Trademark Office, 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 third one-year interim extension of the term of U.S. Patent No. 4,919,140.
Submission for OMB Review; Comment Request
Document Number: 2010-25669
Type: Notice
Date: 2010-10-13
Agency: Department of Commerce, Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2010-24354
Type: Notice
Date: 2010-09-29
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Request for Comments on Incentivizing Humanitarian Technologies and Licensing Through the Intellectual Property System
Document Number: 2010-23395
Type: Notice
Date: 2010-09-20
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is considering pro-business strategies for incentivizing the development and widespread distribution of technologies that address humanitarian needs. One proposal being considered is a fast-track ex parte reexamination voucher pilot program to create incentives for technologies and licensing behavior that address humanitarian needs. Because patents under reexamination are often the most commercially significant patents, a fast-track reexamination proceeding would allow patent owners to more readily and less expensively affirm the validity of their patents. Therefore, the opportunity to utilize a voucher for a fast-track reexamination proceeding could provide a valuable incentive for entities to pursue humanitarian technologies or licensing. The USPTO is requesting comments from the public regarding this proposal as well as other incentive proposals set forth in this notice.
Global Intellectual Property Academy Program Survey
Document Number: 2010-22041
Type: Notice
Date: 2010-09-03
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)).
Missing Parts Practice
Document Number: 2010-21767
Type: Notice
Date: 2010-09-01
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 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)).
Examination Guidelines Update: Developments in the Obviousness Inquiry After KSR v.Teleflex
Document Number: 2010-21646
Type: Notice
Date: 2010-09-01
Agency: Department of Commerce, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is issuing an update (2010 KSR Guidelines Update) to its obviousness guidelines for its personnel to be used when applying the law of obviousness under 35 U.S.C. 103. This 2010 KSR Guidelines Update highlights case law developments on obviousness under 35 U.S.C. 103 since the 2007 decision by the United States Supreme Court (Supreme Court) in KSR Int'l Co. v. Teleflex Inc. These guidelines are intended to be used by Office personnel in conjunction with the guidance in the Manual of Patent Examining Procedure when applying the law of obviousness under 35 U.S.C. 103. Members of the public are invited to provide comments on the 2010 KSR Guidelines Update. The Office is especially interested in receiving suggestions of recent decisional law in the field of obviousness that would have particular value as teaching tools.
Streamlined Procedure for Appeal Brief Review in Inter Partes
Document Number: 2010-20340
Type: Notice
Date: 2010-08-17
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is streamlining the procedure for the review of appeal briefs filed in inter partes reexamination proceeding appeals to increase the efficiency of the appellate process and to reduce the pendency of appeals. The Chief Judge of the Board of Patent Appeals and Interferences (BPAI) or his designee (collectively, ``Chief Judge''), will have the sole responsibility for determining whether appeal briefs filed in inter partes reexamination proceedings (i.e., appellant's briefs, respondent's briefs, and rebuttal briefs) comply with the applicable regulations, and will complete the determination before the appeal brief is forwarded to the examiner for consideration. The examiner will no longer review appeal briefs for compliance with the applicable regulations. The USPTO expects to achieve a reduction in inter partes reexamination proceeding appeal pendency as measured from the filing of a notice of appeal to the BPAI's docketing of the appeal by eliminating duplicate reviews by the examiner and the BPAI. The USPTO expects further reduction in pendency because the streamlined procedure will increase consistency in the determination, and thereby reduce the number of notices of noncompliant appeal briefs and non- substantive returns from the BPAI that require parties to file corrected appeal briefs in inter partes reexamination proceeding appeals.