United States Patent and Trademark Office 2009 – Federal Register Recent Federal Regulation Documents

Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals; Request for Comments on Potential Modifications to Final Rule and Notice of Roundtable During Comment Period
Document Number: E9-30402
Type: Proposed Rule
Date: 2009-12-22
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is considering modifications to rules governing practice before the Board of Patent Appeals and Interferences (BPAI) in ex parte patent appeals. Previously submitted comments with regard to an earlier published final rule, particularly those submitted in response to a proposed collection of information, raised some public concerns which have been reconsidered by the Office. After further consideration of these concerns, the Office is issuing this notice seeking further public comment on possible revisions to portions of the final rule. In order to facilitate a full exchange of views, the United States Patent and Trademark Office is also conducting a public session and roundtable in connection with this request for comments. Following the public comment period, if the Office determines further action is necessary, a subsequent notice of proposed rule making would be issued to solicit additional comments on specific proposals before any modified final rule would be issued.
Procedure for Treating Rejected Claims That Are Not Being Appealed
Document Number: E9-29641
Type: Notice
Date: 2009-12-14
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is considering changes to the procedure for handling notices of appeal and appeal briefs that identify fewer than all of the rejected claims as being appealed. Under the proposed procedure, if appellant files a notice of appeal, or an appeal brief, that clearly identifies fewer than all of the rejected claims as being appealed, the non-appealed rejected claims would be deemed canceled by operation of this action on the part of the appellant as of the date on which such a notice of appeal, or appeal brief, is filed, regardless of whether the appellant also files an amendment canceling the non-appealed rejected claims. The USPTO is requesting comments from the public regarding the proposed procedure set forth in this notice.
Patent Cooperation Treaty Task Force; Notice of Public Meeting
Document Number: E9-29329
Type: Notice
Date: 2009-12-09
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
This notice announces a public meeting to solicit public opinions on improvement of the USPTO's efficiency, operation and utilization of the Patent Cooperation Treaty (PCT).
Pilot Program for Green Technologies Including Greenhouse Gas Reduction
Document Number: E9-29207
Type: Notice
Date: 2009-12-08
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is implementing a pilot program in which an applicant may have an application advanced out of turn (accorded special status) for examination, for applications pertaining to green technologies including greenhouse gas reduction (applications pertaining to environmental quality, energy conservation, development of renewable energy resources or greenhouse gas emission reduction). Currently, an application pertaining to environmental quality, or energy conservation, development of renewable energy resources or greenhouse gas reduction will not be advanced out of turn for examination unless it meets the requirements of the accelerated examination program. Under the Green Technology Pilot Program, applications pertaining to environmental quality, energy conservation, development of renewable energy, or greenhouse gas emission reduction, will be advanced out of turn for examination without meeting all of the current requirements of the accelerated examination program (e.g., examination support document). The USPTO will accept only the first 3,000 petitions to make special in previously filed new applications, provided that the petitions meet the requirements set forth in this notice.
Patent Application Backlog Reduction Stimulus Plan
Document Number: E9-28373
Type: Notice
Date: 2009-11-27
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has a procedure under which an application will be advanced out of turn (accorded special status) for examination if the applicant files a petition to make special with the appropriate showing. The USPTO is providing an additional temporary basis under which a small entity applicant may have an application accorded special status for examination if the applicant expressly abandons another copending unexamined application. This procedure will allow small entity 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.
Grant of Interim Extension of the Term of U.S. Patent No. 4,971,802; MIFAMURTIDE
Document Number: E9-26998
Type: Notice
Date: 2009-11-10
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a third one-year interim extension of the term of U.S. Patent No. 4,971,802.
Request for Comments on Patents Ombudsman Pilot Program
Document Number: E9-25798
Type: Notice
Date: 2009-10-27
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is currently developing a Patents Ombudsman Pilot Program. The Patents Ombudsman Pilot Program is intended to provide patent applicants, attorneys and agents with assistance with application-specific issues including prosecution advancement concerns. The Patents Ombudsman Pilot Program is not intended to circumvent normal communication between pro se applicants or applicant's representatives and examiners or Supervisory Patent Examiners (SPEs). The USPTO is inviting public comment on the proposed Patents Ombudsman Pilot Program.
Performance Review Board (PRB)
Document Number: E9-25722
Type: Notice
Date: 2009-10-26
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
In conformance with the Civil Service Reform Act of 1978, 5 U.S.C. 4314(c)(4), the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.
Changes in Requirements for Signature of Documents, Recognition of Representatives, and Establishing and Changing the Correspondence Address in Trademark Cases
Document Number: E9-25460
Type: Rule
Date: 2009-10-26
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (``Office'') is revising the Trademark Rules of Practice to set forth the requirements for signature of documents filed in the Office, recognition of representatives, and establishing and changing the correspondence
Trademark Manual of Examining Procedure, Sixth Edition
Document Number: E9-25581
Type: Notice
Date: 2009-10-23
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') issued the sixth edition of the Trademark Manual of Examining Procedure (``TMEP'') on October 12, 2009.
Request for Comments and Notice of Roundtable on Work Sharing for Patent Applications
Document Number: E9-25262
Type: Notice
Date: 2009-10-21
Agency: Department of Commerce, United States Patent and Trademark Office
In an effort to avoid duplication of work and to expedite the patent examination process, the United States Patent and Trademark Office (USPTO) has been developing work-sharing initiatives in which an office uses, to the maximum extent practicable, the work already done by another office. The USPTO is conducting a roundtable to obtain input from diverse sources in the patent community and/or the public sector to evaluate views on work sharing. The roundtable is open to the public. The USPTO plans to invite a number of roundtable participants from patent user groups, practitioners, industry, independent inventor organizations, academia, and Government. To ensure that the USPTO is receiving a balanced array of views on work sharing, the USPTO also plans to have a few ``at-large'' participants based upon requests received in response to this notice. To ensure that all who are speaking will have a meaningful chance to do so, the number of participants in the roundtable is limited. Those who wish to participate in the roundtable must do so by written request. Members of the public who wish solely to attend and observe the roundtable need not submit a request.
Additional Period for Comments on Interim Examination Instructions for Evaluating Patent Subject Matter Eligibility
Document Number: E9-24395
Type: Notice
Date: 2009-10-09
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has prepared interim examination instructions for evaluating patent subject matter eligibility under 35 U.S.C. 101 (Interim Patent Subject Matter Eligibility Examination Instructions) pending a decision by the U.S. Supreme Court in Bilski v. Kappos, and invited the public to submit written comments on the Interim Patent Subject Matter Eligibility Examination Instructions. The USPTO is extending the comment period to ensure that members of the public have sufficient opportunity to submit comments on the Interim Patent Subject Matter Eligibility Examination Instructions. The USPTO will revise the instructions as appropriate based on comments received.
Grant of interim extension of the term of U.S. Patent No. 5,135,759; MicroSort® Sperm Separation Technology
Document Number: E9-18574
Type: Notice
Date: 2009-08-04
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 one- year interim extension of the term of U.S. Patent No. 5,135,759.
Grant of Interim Extension of the Term of U.S. Patent No. 4,977,138; ISTODAXTM
Document Number: E9-15863
Type: Notice
Date: 2009-07-07
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 one- year interim extension of the term of U.S. Patent No. 4,977,138.
July 2009 Revision of Patent Cooperation Treaty Procedures
Document Number: E9-15303
Type: Rule
Date: 2009-07-01
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is revising the rules of practice in title 37 of the Code of Federal Regulations (CFR) to conform them to certain amendments made to the Regulations under the Patent Cooperation Treaty (PCT) that take effect on July 1, 2009. These amendments result in a change to the procedure under the PCT whereby applicants may make amendments to the claims in an international application.
Additional Period for Comments on Deferred Examination for Patent Applications
Document Number: E9-14154
Type: Notice
Date: 2009-06-16
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) conducted a roundtable to obtain public input on deferral of examination for patent applications, and invited the public to submit written comments on issues raised at the roundtable or on any issue pertaining to deferral of examination. The USPTO is providing an additional comment period so that members of the public may submit additional comments on any issue pertaining to deferral of examination, and may also submit comments in reply to the comments on deferred examination that the USPTO has already received.
Public Advisory Committees
Document Number: E9-5844
Type: Notice
Date: 2009-03-19
Agency: Department of Commerce, United States Patent and Trademark Office, 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). Due to the expiration of current members' terms, the USPTO is requesting nominations for three (3) members to the Patent Public Advisory Committee (PPAC) and two (2) members to the Trademark Public Advisory Committee (TPAC) for terms of three years that begin from date of appointment.
Request for Comments and Notice of Roundtable on Deferred Examination for Patent Applications
Document Number: E9-1740
Type: Notice
Date: 2009-01-28
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) frequently receives suggestions that the USPTO adopt a deferral of examination procedure. The USPTO is conducting a roundtable to obtain public input from diverse sources to determine whether the support expressed for deferral of examination is isolated or whether there is general support in the patent community and/or the public sector generally for the adoption of some type of deferral of examination. The roundtable is open to the public. Members of the public who wish to participate in the roundtable must do so by request, as the number of participants in the roundtable is limited to ensure that all who are speaking will have a meaningful chance to do so. Members of the public who wish solely to observe need not submit a request. Any member of the public may submit written comments on issues raised at the roundtable or on any issue pertaining to deferral of examination.
National Medal of Technology and Innovation Nomination Evaluation Committee
Document Number: E9-104
Type: Notice
Date: 2009-01-08
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 requesting nominations of individuals to serve on the National Medal of Technology and Innovation Nomination Evaluation Committee. The United States Patent and Trademark Office will consider nominations received in response to this notice as well as from other sources. The SUPPLEMENTARY INFORMATION section of this notice provides committee and membership criteria.
National Medal of Technology and Innovation Call for 2009 Nominations
Document Number: E9-102
Type: Notice
Date: 2009-01-08
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 its National Medal of Technology and Innovation (NMTI) program. Since establishment by Congress in 1980, the President of the United States has awarded the National Medal of Technology and Innovation (formerly 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://www.uspto.gov/nmti. Eligibility and Criteria: Information on eligibility and nomination criteria is provided on the Nominations Guidelines Form at http:// www.uspto.gov/nmti.