September 15, 2012 Deadline to File Requests for Inter Partes Reexamination Proceedings and Modification of Notice of Failure to Comply Form
Pursuant to section 6(c)(3) of the Leahy-Smith America Invents Act (AIA), the authority to file inter partes reexamination requests terminates effective September 16, 2012. Accordingly, any original or corrected/replacement request for an inter partes reexamination submitted on or after September 16, 2012, will not be accorded a filing date, and any such request will not be granted. This notice provides guidance to inter partes reexamination requesters with respect to timely filing requests prior to September 16, 2012, i.e., by the September 15, 2012, last day for filing of an inter partes reexamination request.
Extension of the Application Deadline for Humanitarian Awards Pilot Program
In February 2012, the United States Patent and Trademark Office (USPTO) announced the Humanitarian Awards Pilot Program, which recognizes patent holders who use their technology for humanitarian purposes. In response to stakeholder feedback, the USPTO is extending the deadline for applications to the Humanitarian Awards Pilot Program by two months until October 31, 2012, to allow potential applicants more time to complete their applications.
Notice of Roundtable on the Implementation of the First Inventor to File Provisions of the Leahy-Smith America Invents Act
The United States Patent and Trademark Office (USPTO) published a notice of proposed rulemaking and a notice of proposed examination guidelines to implement the first-inventor-to-file provisions of the Leahy-Smith America Invents Act (AIA). The USPTO plans to conduct a roundtable to obtain public input from organizations and individuals on issues relating to the USPTO's proposed implementation of the first-inventor-to-file provisions of the AIA. The USPTO plans to invite a number of roundtable participants from among patent user groups, practitioners, industry, independent inventor organizations, academia, and government. The roundtable also is open for any member of the public to provide input.
Request for Comments Regarding Amending the First Filing Deadline for Affidavits or Declarations of Use or Excusable Nonuse
To further ensure the accuracy of the trademark register, the United States Patent and Trademark Office (``USPTO'') is seeking public comment on a potential legislative change to amend the first filing deadline for Affidavits or Declarations of Use or Excusable Nonuse under Sections 8 and 71 of the Trademark Act from between the fifth and sixth years after the registration date, or the six-month grace period that follows, to between the third and fourth years after the registration date, or the six-month grace period that follows. The change would require Congress to amend the Trademark Act, and the USPTO is interested in receiving public input on whether and why such an amendment is or is not favored.
Invention Promoters/Promotion Firms Complaints
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)).
Changes To Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act
The Leahy-Smith America Invents Act (AIA) expands the scope of information that any party may cite in a patent file to include written statements of a patent owner filed in a proceeding before a Federal court or the United States Patent and Trademark Office (Office) regarding the scope of any claim of the patent, and provides for how such information may be considered in ex parte reexamination, inter partes review, and post grant review. The AIA also provides for an estoppel that may attach with respect to the filing of an ex parte reexamination request subsequent to a final written decision in an inter partes review or post grant review proceeding. The Office is revising the rules of practice to implement these post-patent provisions, as well as other miscellaneous provisions, of the AIA.