United States Patent and Trademark Office – Federal Register Recent Federal Regulation Documents

Requirements for Patent Applications Containing Nucleotide Sequence and/or Amino Acid Sequence Disclosures
Document Number: 2019-08027
Type: Notice
Date: 2019-04-22
Agency: Department of Commerce, United States 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.
Submission for OMB Review; Comment Request; “Madrid Protocol”
Document Number: 2019-03224
Type: Notice
Date: 2019-02-26
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; Practitioner Conduct and Discipline
Document Number: 2019-03223
Type: Notice
Date: 2019-02-26
Agency: Department of Commerce, United States Patent and Trademark Office
Extension of the Cancer Immunotherapy Pilot Program
Document Number: 2019-00202
Type: Notice
Date: 2019-01-28
Agency: Department of Commerce, United States Patent and Trademark Office
On June 29, 2016, the United States Patent and Trademark Office (USPTO) implemented the Cancer Immunotherapy Pilot Program, which permits patent applications pertaining to cancer immunotherapy to be advanced out of turn for examination and reviewed earlier (accorded special status). To date, over 300 petitions requesting participation in the pilot program have been filed, and over 100 patents have been granted under the pilot program. In view of the continued interest in the pilot program, the USPTO has extended the pilot program until June 30, 2020. All pilot parameters remain the same as the original pilot.
Expiration of the Extended Missing Parts Pilot Program
Document Number: 2019-00201
Type: Notice
Date: 2019-01-28
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) implemented a pilot program (Extended Missing Parts Pilot Program) in which an applicant, under certain conditions, can request a 12-month time period to pay the search fee, the examination fee, any excess claim fees, and the surcharge (for the late submission of the search fee and the examination fee) in a nonprovisional application. Based on the limited number of grantable requests and the administrative burden on the USPTO in processing improper requests, the USPTO decided not to extend the Extended Missing Parts Pilot Program beyond January 2, 2019.
Examining Computer-Implemented Functional Claim Limitations for Compliance With 35 U.S.C. 112
Document Number: 2018-28283
Type: Notice
Date: 2019-01-07
Agency: Department of Commerce, United States Patent and Trademark Office
This guidance will assist United States Patent and Trademark Office (USPTO) personnel in the examination of claims in patent applications that contain functional language, particularly patent applications where functional language is used to claim computer- implemented inventions. Part I of this guidance addresses issues related to the examination of computer-implemented functional claims having means-plus-function limitations. Part II of this guidance addresses written description and enablement issues related to the examination of computer-implemented functional claims that recite only the idea of a solution or outcome to a problem but fail to recite details of how the solution or outcome is accomplished.
2019 Revised Patent Subject Matter Eligibility Guidance
Document Number: 2018-28282
Type: Notice
Date: 2019-01-07
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has prepared revised guidance (2019 Revised Patent Subject Matter Eligibility Guidance) for use by USPTO personnel in evaluating subject matter eligibility. The 2019 Revised Patent Subject Matter Eligibility Guidance revises the procedures for determining whether a patent claim or patent application claim is directed to a judicial exception (laws of nature, natural phenomena, and abstract ideas) under Step 2A of the USPTO's Subject Matter Eligibility Guidance in two ways. First, the 2019 Revised Patent Subject Matter Eligibility Guidance explains that abstract ideas can be grouped as, e.g., mathematical concepts, certain methods of organizing human activity, and mental processes. Second, this guidance explains that a patent claim or patent application claim that recites a judicial exception is not ``directed to'' the judicial exception if the judicial exception is integrated into a practical application of the judicial exception. A claim that recites a judicial exception, but is not integrated into a practical application, is directed to the judicial exception under Step 2A and must then be evaluated under Step 2B (inventive concept) to determine the subject matter eligibility of the claim. The USPTO is seeking public comment on its subject matter eligibility guidance, and particularly the 2019 Revised Patent Subject Matter Eligibility Guidance.
Grant of Interim Extension of the Term of U.S. Patent No. 8,311,629; OPTIMIZER® Smart Implantable Pulse Generator
Document Number: 2018-25539
Type: Notice
Date: 2018-11-23
Agency: Department of Commerce, United States 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. 8,311,629.
Submission for OMB Review; Comment Request; “Patents for Humanity Program”
Document Number: 2018-25410
Type: Notice
Date: 2018-11-21
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; “Patent Review and Derivation Proceedings”
Document Number: 2018-25409
Type: Notice
Date: 2018-11-21
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; “Matters Related to First Inventor to File”
Document Number: 2018-25408
Type: Notice
Date: 2018-11-21
Agency: Department of Commerce, United States Patent and Trademark Office
Filing Patent Applications Electronically During Designated Significant Outages of the United States Patent and Trademark Office Electronic Business Systems
Document Number: 2018-18897
Type: Notice
Date: 2018-08-30
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) encourages applicants to file their patent applications via its electronic filing system (EFS-Web). The USPTO experiences occasional unplanned electronic business system outages, including unplanned system outages that preclude patent applicants and patentees from filing patent documents and fees via the electronic filing system for a significant period of time. This notice prescribes a procedure for filing patent applications by alternative electronic means during a significant unplanned electronic business system outage, as designated by the Director of the USPTO. An application filed by the alternative electronic means prescribed in this notice during a designated significant unplanned electronic business system outage will be considered to have been filed by the USPTO's electronic filing system, and thus will not incur the fee required by section 10(h) of the Leahy- Smith America Invents Act for a patent application not filed by the USPTO's electronic filing system.
Performance Review Board (PRB)
Document Number: 2018-18703
Type: Notice
Date: 2018-08-29
Agency: Department of Commerce, United States 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.
Patent Public Advisory Committee Public Hearing on the Proposed Patent Fee Schedule
Document Number: 2018-16432
Type: Notice
Date: 2018-08-01
Agency: Department of Commerce, United States 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, respectively. The USPTO currently is planning to propose to set or adjust patent fees pursuant to its Section 10 fee setting authority. As part of the rulemaking process to set or adjust patent fees, the Patent Public Advisory Committee (PPAC) is required under Section 10 of the AIA to hold a public hearing about any proposed patent fees, and the USPTO is required to assist PPAC in carrying out that hearing. To that end, the USPTO will make its proposed patent fees available as set forth in the Supplementary Information section of this Notice before any PPAC hearing and will help the PPAC to notify the public about the hearing. Accordingly, this document announces the dates and logistics for the PPAC public hearing regarding USPTO proposed patent fees. Interested members of the public are invited to testify at the hearing and/or submit written comments about the proposed patent fees and the questions posed on PPAC's website about the proposed fees.
Submission for OMB Review; Comment Request; Third-Party Submissions and Protests
Document Number: 2018-15611
Type: Notice
Date: 2018-07-23
Agency: Department of Commerce, United States Patent and Trademark Office
Post Patent Public Submissions
Document Number: 2018-13023
Type: Notice
Date: 2018-06-18
Agency: Department of Commerce, United States 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; 0651-0067: Post Patent Public Submissions.
Submission for OMB Review; Comment Request; Ombudsman Survey
Document Number: 2018-11252
Type: Notice
Date: 2018-05-25
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; “National Medal of Technology and Innovation Nomination Application”
Document Number: 2018-08952
Type: Notice
Date: 2018-04-27
Agency: Department of Commerce, United States Patent and Trademark Office
Post Registration (Trademark Processing)
Document Number: 2018-08738
Type: Notice
Date: 2018-04-27
Agency: Department of Commerce, United States 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: 0651-0055 (Post Registration (Trademark Processing)).
Submission of OMB Review; Comment Request; “Patent Prosecution Highway (PPH) Program”
Document Number: 2018-08739
Type: Notice
Date: 2018-04-26
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; Recording Assignments
Document Number: 2018-08737
Type: Notice
Date: 2018-04-26
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; “Public Key Infrastructure (PKI) Certificate Action Form”
Document Number: 2018-08020
Type: Notice
Date: 2018-04-17
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; “National Summer Teacher Institute”
Document Number: 2018-05633
Type: Notice
Date: 2018-03-21
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; Financial Transactions
Document Number: 2018-01611
Type: Notice
Date: 2018-01-29
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; “Representative and Address Provisions”
Document Number: 2018-01609
Type: Notice
Date: 2018-01-29
Agency: Department of Commerce, United States Patent and Trademark Office
Changes To Eliminate Unnecessary Regulations
Document Number: 2018-00769
Type: Proposed Rule
Date: 2018-01-19
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) proposes to remove its regulations 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 Patent Trial and Appeal Board. These regulations are unnecessary or superfluous and in some cases have expired, and their removal will help streamline USPTO's body of regulations without reducing the availability of services for the public. This proposed rule arises out of the USPTO's work during FY 2017 to identify and propose regulations for removal, modification, and streamlining because they are outdated, unnecessary, ineffective, costly, or unduly burdensome on the agency or the private sector. The revisions proposed herein would put into effect the work the USPTO has done, in part through its participation in the Regulatory Reform Task Force established by the Department of Commerce pursuant to Executive Order 13777, to review and identify regulations that are candidates for removal.
Changes in Requirements for Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks; Correction
Document Number: 2018-00428
Type: Rule
Date: 2018-01-12
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office published in the Federal Register on June 11, 2015 a final rule, which became effective on July 11, 2015, revising the Trademark Rules of Practice. This document reinstates three paragraphs, which were inadvertently deleted as a result of an error in the amendatory instructions.
Extension of the Extended Missing Parts Pilot Program
Document Number: 2018-00270
Type: Notice
Date: 2018-01-10
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) implemented a pilot program (Extended Missing Parts Pilot Program) in which an applicant, under certain conditions, can request a 12-month time period to pay the search fee, the examination fee, any excess claim fees, and the surcharge (for the late submission of the search fee and the examination fee) in a nonprovisional application. The Extended Missing Parts Pilot Program benefits applicants by providing 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 benefits 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. The USPTO is extending the Extended Missing Parts Pilot Program until January 2, 2019, to allow the USPTO to continue its evaluation of the pilot program. The requirements of the program have not changed.
National Summer Teacher Institute
Document Number: 2018-00265
Type: Notice
Date: 2018-01-10
Agency: Department of Commerce, United States 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.
Fastener Quality Act Insignia Recordal Process
Document Number: 2018-00264
Type: Notice
Date: 2018-01-10
Agency: Department of Commerce, United States 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: 0651-0028 (Fastener Quality Act Insignia Recordal Act).
Notice of Public Meeting on Developing the Digital Marketplace for Copyrighted Works
Document Number: 2017-27651
Type: Notice
Date: 2017-12-22
Agency: Department of Commerce, National Telecommunications and Information Administration, United States 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 January 25, 2018, to discuss current initiatives and technologies used to develop a more robust and collaborative digital marketplace for copyrighted works. This follows up on three earlier public meetings held by the Task Force: On December 12, 2013, which included panels focusing on access to rights information and online licensing transactions; on April 1, 2015, which focused on how the Government can assist in facilitating the development and use of standard identifiers for all types of works of authorship; and on December 9, 2016, which was designed to facilitate constructive, cross-industry dialogue among stakeholders about ways to promote a more robust and collaborative online marketplace for copyrighted works.
Submission for OMB Review; Comment Request; “Patent and Trademark Resource Center Metrics”
Document Number: 2017-27478
Type: Notice
Date: 2017-12-21
Agency: Department of Commerce, United States Patent and Trademark Office
Patent and Trademark Financial Transactions
Document Number: 2017-24693
Type: Notice
Date: 2017-11-15
Agency: Department of Commerce, United States 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.
Rule on Attorney-Client Privilege for Trials Before the Patent Trial and Appeal Board
Document Number: 2017-24190
Type: Rule
Date: 2017-11-07
Agency: Department of Commerce, United States Patent and Trademark Office
This final rule on attorney-client privilege amends the existing rules relating to the United States Patent and Trademark Office (Office or USPTO) trial practice for inter partes review, post- grant review, the transitional program for covered business method patents, and derivation proceedings that implemented provisions of the Leahy-Smith America Invents Act (``AIA'') providing for trials before the Office.
Representative and Address Provisions
Document Number: 2017-22618
Type: Notice
Date: 2017-10-18
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), invites comment on a proposed extension of an existing information collection: 0651-0035 (Representative and Address Provisions).
Removal of Rules Governing Trademark Interferences
Document Number: 2017-22394
Type: Proposed Rule
Date: 2017-10-18
Agency: Department of Commerce, United States Patent and Trademark Office
Consistent with Executive Order 13777, ``Enforcing the Regulatory Reform Agenda,'' and Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' the United States Patent and Trademark Office (USPTO or Office) proposes to amend the Rules of Practice in Trademark Cases to remove the rules governing trademark interferences. This proposed rule implements the USPTO's work to identify and propose regulations for removal, modification, and streamlining because they are outdated, unnecessary, ineffective, costly, or unduly burdensome on the agency or the private sector. The revisions proposed herein would put into effect the work the USPTO has done, in part through its participation in the Regulatory Reform Task Force (Task Force) established by the Department of Commerce (Department or Commerce) pursuant to Executive Order 13777, to review and identify regulations that are candidates for removal.
Cash Payment Method Will No Longer Be Accepted
Document Number: 2017-21194
Type: Notice
Date: 2017-10-03
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) will no longer accept cash, including coins, as payment for products and services for which fees are required.
Applications for Trademark Registration
Document Number: 2017-20836
Type: Notice
Date: 2017-09-29
Agency: Department of Commerce, United States 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: 0651-0009 (Applications for Trademark Registration).
Submission for OMB Review; Comment Request; Patent Petitions Related to Application and Reexamination Processing Fees
Document Number: 2017-20835
Type: Notice
Date: 2017-09-29
Agency: Department of Commerce, United States Patent and Trademark Office
Patent and Trademark Resource Centers Metrics
Document Number: 2017-20369
Type: Notice
Date: 2017-09-25
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1996, invites comments on a proposed extension of an existing information collection: 0651-0068 (Patent and Trademark Resource Center Metrics).
Performance Review Board (PRB)
Document Number: 2017-17321
Type: Notice
Date: 2017-08-16
Agency: Department of Commerce, United States 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.
Patent Examiner Employment Application
Document Number: 2017-16940
Type: Notice
Date: 2017-08-11
Agency: Department of Commerce, United States 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: 0651-0042 (Patent Examiner Employment Application).
Substantive Submissions Made During Prosecution of the Trademark Application
Document Number: 2017-15500
Type: Notice
Date: 2017-07-25
Agency: Department of Commerce, United States 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 a proposed extension of an existing information collection.
Miscellaneous Changes to Trademark Trial and Appeal Board Rules of Practice; Clarification
Document Number: 2017-15346
Type: Rule
Date: 2017-07-21
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') published in the Federal Register on October 7, 2016 a final rule, which became effective on January 14, 2017, revising the Rules of Practice before the Trademark Trial and Appeal Board. This document clarifies certain provisions of the rules of practice regarding the deadlines for filing motions to compel discovery, motions to test the sufficiency of responses or objections to requests for admission, and motions for summary judgment. The clarification promotes clarity and reflects ongoing and current practice, in keeping with the goals of efficiency and predictability in the procedure and process of trial cases.
Submission for OMB Review; Comment Request; Global Intellectual Property Academy (GIPA) Surveys
Document Number: 2017-14182
Type: Notice
Date: 2017-07-06
Agency: Department of Commerce, United States Patent and Trademark Office
Information Collection; Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks)
Document Number: 2017-14181
Type: Notice
Date: 2017-07-06
Agency: Department of Commerce, United States 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: 0651-0056 (Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks).
Notice of Public Meeting on Voluntary Initiatives To Combat Infringement of Intellectual Property in the Online Environment; Cancellation
Document Number: 2017-14072
Type: Notice
Date: 2017-07-05
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office published a notice in the Federal Register of June 22, 2017, concerning a public meeting on measuring the impact of voluntary initiatives undertaken to reduce intellectual property infringement, scheduled for July 17, 2017, at its headquarters in Alexandria, Virginia. This notice announces that the July 17, 2017 meeting has been cancelled.
Patent and Trademark Public Advisory Committees
Document Number: 2017-13769
Type: Notice
Date: 2017-06-30
Agency: Department of Commerce, United States 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. 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, 2017.