United States Patent and Trademark Office 2013 – Federal Register Recent Federal Regulation Documents

National Medal of Technology and Innovation Call for 2014 Nominations
Document Number: 2013-31019
Type: Notice
Date: 2013-12-27
Agency: Department of Commerce, United States 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 annual National Medal of Technology and Innovation (initially known as the National Medal of Technology) to our nation's leading innovators. If you know of a candidate who has made an outstanding contribution to the nation's economic, environmental or social well-being through the promotion of technology, technological innovation, or the development of technological manpower, you may obtain a nomination form from: http://www.uspto.gov/about/nmti/ index.jsp.
Grant of Interim Extension of the Term of U.S. Patent No. 5,496,801; Recombinant Human Parathyroid Hormone
Document Number: 2013-31017
Type: Notice
Date: 2013-12-27
Agency: Department of Commerce, United States 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. 5,496,801.
Extension of Comment Period for Public Comments on Department of Commerce Green Paper, Copyright Policy, Creativity, and Innovation in the Digital Economy
Document Number: 2013-30690
Type: Notice
Date: 2013-12-26
Agency: Department of Commerce, National Telecommunications and Information Administration, United States Patent and Trademark Office
On October 3, 2013, the Department of Commerce's Internet Policy Task Force (Task Force) published a notice of public meeting and a request for public comments on five separate copyright policy issues critical to economic growth, job creation, and cultural development that were identified in the Department's Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy (Green Paper). The purpose of this notice is to announce an extension of the period for filing post-meeting comments.
Forum To Discuss Proposed Changes To Implement the Hague Agreement Concerning International Registration of Industrial Designs
Document Number: 2013-30785
Type: Proposed Rule
Date: 2013-12-24
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'' or ``Office'') is convening a forum to discuss implementation of title I of the Patent Law Treaties Implementation Act of 2012 (``PLTIA''). The PLTIA amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs (``Hague Agreement'') and is to take effect on the entry into force of the Hague Agreement with respect to the United States. On November 29, 2013, the Office published a proposed rule in the Federal Register proposing changes to the rules of practice to implement title I of the PLTIA and seeking written comments on the proposals. The forum is an additional way for the public to learn about the Office's proposals in advance of the written comment deadline.
Changes To Implement the Patent Law Treaty; Correction
Document Number: 2013-29523
Type: Rule
Date: 2013-12-11
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (Office) published in the Federal Register on October 21, 2013, a final rule revising the rules of practice in patent cases for consistency with the changes in the Patent Law Treaty (PLT) and provisions of the Patent Law Treaties Implementation Act of 2012 (PLTIA) that implement the PLT (PLT Final Rule). The PLT Final Rule as published in the Federal Register inadvertently omits the small and micro entity fee amounts for certain petitions and contains a cross-reference to a section that has been removed. This document corrects the omission and removes the cross- reference in the PLT Final Rule as published in the Federal Register.
Request for Comments on Methods for Studying the Diversity of Patent Applicants
Document Number: 2013-28742
Type: Notice
Date: 2013-12-02
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'' or ``the Office'') is interested in gathering information on approaches for studying the diversity of patent applicants in accordance with research methodology developed as required by the America Invents Act (AIA or Act). To assist in gathering this information, the USPTO invites the public to provide comments on collecting information on the diversity of patent applicants consistent with the AIA. Written Comments: Written comments should be sent by email to saurabh.vishnubhakat@uspto.gov. Comments may also be submitted by postal mail addressed to Saurabh Vishnubhakat, Expert Advisor, Office of Chief Economist, United States Patent and Trademark Office, Mail Stop External Affairs, P.O. Box 1450, Alexandria, VA 22313-1450. Although comments may be submitted by postal mail, the USPTO prefers to receive comments via email. The deadline for receipt of written comments is January 31, 2014. Written comments should be identified in the subject line of the email or postal mailing as ``Diversity of Patent Applicants.'' Because written comments will be made available for public inspection, information that a respondent does not desire to be made public, such as a telephone number, should not be included in the written comments.
Changes To Implement the Hague Agreement Concerning International Registration of Industrial Designs
Document Number: 2013-28262
Type: Proposed Rule
Date: 2013-11-29
Agency: Department of Commerce, United States Patent and Trademark Office
Title I of the Patent Law Treaties Implementation Act of 2012 (``PLTIA'') amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs (``Hague Agreement'') and is to take effect on the entry into force of the Hague Agreement with respect to the United States. The Hague Agreement provides that an applicant is entitled to apply for design protection in Hague Agreement member countries and with intergovernmental organizations by filing a single, standardized international design application in a single language. The United States Patent and Trademark Office (USPTO or Office) proposes changes to the rules of practice to implement title I of the PLTIA.
Request for Comments on Department of Commerce Green Paper, Copyright Policy, Creativity, and Innovation in the Digital Economy
Document Number: 2013-26487
Type: Notice
Date: 2013-11-05
Agency: Department of Commerce, National Telecommunications and Information Administration, United States Patent and Trademark Office
On October 3, 2013, the Department of Commerce's Internet Policy Task Force (Task Force) published a notice of public meeting and a request for public comments on five issues critical to economic growth, job creation, and cultural development that were identified in the Department's Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy (Green Paper). The purpose of this notice is to announce a change in the date of the public meeting and additional opportunities for the submission of public comments. The public meeting (previously scheduled for October 30, 2013) will now be held on December 12, 2013. The deadline for the submission of pre- meeting comments is November 13, 2013. Post-meeting comments are due on or before January 10, 2014.
Request for Comments on Proposed Elimination of Patents Search Templates
Document Number: 2013-25685
Type: Notice
Date: 2013-10-30
Agency: Department of Commerce, United States Patent and Trademark Office
The USPTO is proposing to eliminate the Patents Search Templates from the USPTO Web site. In 2006, the United States Patent and Trademark Office (USPTO) implemented Patents Search Templates, which are United States Patent Classification (USPC) indexed search templates that were created to better identify the field of search, search tools, and search methodologies which should be considered each time an invention related to a particular USPC is searched. There are over 1200 search templates covering more than 600 USPC classes and subclasses. Historically, usage of the search templates by the public has been extremely low. Additionally, various aspects of the search templates, such as references to commercial database vendor information, are in need of updating. Further, the USPTO launched a new classification system, the Cooperative Patent Classification (CPC) system, in January 2013 that is based on the International Patent Classification (IPC) system. The CPC, a joint patent classification system developed by the USPTO and the European Patent Office (EPO), incorporates the best classification practices of both the U.S. and European systems. Since CPC is a detailed, collaborative, and dynamic system that will enable patent examiners and the public to efficiently conduct thorough patent searches, the search templates will become obsolete. Before eliminating the search templates from the USPTO Web site, the Office is requesting comments from the public.
Patent and Trademark Office Acquisition Guidelines (PTAG)
Document Number: 2013-24316
Type: Rule
Date: 2013-10-03
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has updated the Patent and Trademark Office Acquisition Guidelines (PTAG), which are the agency's internal operating procedures for procurement.
Request for Comments on Department of Commerce Green Paper, Copyright Policy, Creativity, and Innovation in the Digital Economy
Document Number: 2013-24309
Type: Notice
Date: 2013-10-03
Agency: Department of Commerce, National Telecommunications and Information Administration, United States Patent and Trademark Office
Consistent with the Department of Commerce's Internet Policy Task Force (Task Force) Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy (Green Paper) released on July 31, 2013, the Task Force seeks public comment from all interested stakeholders on the following copyright policy issues critical to economic growth, job creation, and cultural development: The legal framework for the creation of remixes; the relevance and scope of the first sale doctrine in the digital environment; the appropriate calibration of statutory damages in the contexts of individual file sharers and of secondary liability for large-scale infringement; whether and how the government can facilitate the further development of a robust online licensing environment; and establishing a multistakeholder dialogue on improving the operation of the notice and takedown system for removing infringing content from the Internet under the Digital Millennium Copyright Act (DMCA). The Task Force will also hold an initial public meeting on October 30, 2013, to discuss these topics.
Native American Tribal Insignia Database
Document Number: 2013-24054
Type: Notice
Date: 2013-10-02
Agency: Department of Commerce, United States 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 comment on this continuing information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Grant of Interim Extension of the Term of U.S. Patent No. 5,454,779; ResQPump®/ResQPOD® ITD
Document Number: 2013-23327
Type: Notice
Date: 2013-09-25
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office has issued a second 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. 5,454,779.
Grant of Interim Extension of the Term of U.S. Patent No. 5,624,923; Lixivaptan
Document Number: 2013-23325
Type: Notice
Date: 2013-09-25
Agency: Department of Commerce, United States 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. 5,624,923.
Submission for OMB Review; Comment Request
Document Number: 2013-23294
Type: Notice
Date: 2013-09-25
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2013-20709
Type: Notice
Date: 2013-08-26
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2013-20537
Type: Notice
Date: 2013-08-23
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2013-20466
Type: Notice
Date: 2013-08-22
Agency: Department of Commerce, United States Patent and Trademark Office
Extension of Comment Period for Request of the United States Patent and Trademark Office for Public Comments: Voluntary Best Practices Study
Document Number: 2013-17166
Type: Notice
Date: 2013-07-17
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') is extending until August 21, 2013, the period for public comment regarding the processes, data metrics, and methodologies that could be used to assess the effectiveness of cooperative agreements and other voluntary initiatives to reduce intellectual property infringement that occurs on-linesuch as copyright piracy and trademark counterfeiting. The USPTO is extending the public comment period to ensure stakeholders have adequate time to submit complete responses.
Submission for OMB Review; Comment Request
Document Number: 2013-15953
Type: Notice
Date: 2013-07-03
Agency: Department of Commerce, United States Patent and Trademark Office
Request of the United States Patent and Trademark Office for Public Comments: Voluntary Best Practices Study
Document Number: 2013-14702
Type: Notice
Date: 2013-06-20
Agency: Department of Commerce, United States Patent and Trademark Office
Today, the Intellectual Property Enforcement Coordinator (IPEC) released the Administration's Joint Strategic Plan for Intellectual Property Enforcement. The Strategy notes that the Administration encourages the private sector to help reduce intellectual property infringement that occurs onlinesuch as copyright piracy and trademark counterfeitingby developing and implementing cooperative, voluntary initiatives that are practical, effective and consistent with due process, free speech, privacy of users and competition. The Administration encourages all participants in such voluntary initiatives to continue cooperating with all interested stakeholders to ensure that the initiatives are as effective and transparent as possible. (The 2013 Joint Strategic Plan for Intellectual Property Enforcement is available at http:// www.whitehouse.gov/omb/intellectualproperty/ipec.) Consistent with the Administration's policy of building a data- driven government, the Strategy stresses the importance of evaluating the effectiveness of the voluntary initiatives encouraged by the Administration. The Strategy also notes that the United States Patent and Trademark Office (USPTO) will solicit input from the public and from other parts of the U.S. Government to assist in the evaluation of whether such voluntary initiatives help to reduce infringement.
National Medal of Technology and Innovation Nomination Evaluation Committee Meeting
Document Number: 2013-14184
Type: Notice
Date: 2013-06-13
Agency: Department of Commerce, United States Patent and Trademark Office
The National Medal of Technology and Innovation (NMTI) Nomination Evaluation Committee will meet in closed session on Wednesday, June 26, 2013. The primary purpose of the meeting is to discuss the relative merits of persons, teams, and companies nominated for the 2012 NMTI.
Post Allowance and Refiling
Document Number: 2013-12879
Type: Notice
Date: 2013-05-31
Agency: Department of Commerce, United States 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)).
After Final Consideration Pilot Program 2.0
Document Number: 2013-11870
Type: Notice
Date: 2013-05-17
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has modified the After Final Consideration Pilot Program (AFCP) to create the After Final Consideration Pilot Program 2.0 (AFCP 2.0). Applicants who wish to participate in AFCP 2.0 must file a request to have a response after final rejection (which the examiner may have sufficient basis not to consider under current practice) considered by the examiner without reopening prosecution. The response after final rejection must include an amendment to at least one independent claim. The examiner will be allotted a set amount of time under AFCP 2.0 to consider the response. If the examiner's consideration of a proper AFCP 2.0 request and response does not result in a determination that all pending claims are in condition for allowance, the examiner will request an interview with the applicant to discuss the response. There are thus three main differences between AFCP and AFCP 2.0: an applicant must request to participate in AFCP 2.0; a response after final rejection under AFCP 2.0 must include an amendment to at least one independent claim; and the examiner will request an interview with the applicant to discuss a response, if the response did not result in a determination that all pending claims are in condition for allowance. The goal of AFCP 2.0 is to reduce pendency by reducing the number of Requests for Continued Examination (RCE) and encouraging increased collaboration between the applicant and the examiner to effectively advance the prosecution of the application. There is no additional fee required to request consideration of an amendment after final rejection under AFCP 2.0, but any necessary existing fee, e.g., the fee for an extension of time, must still be paid.
Changes To Implement the Patent Law Treaty
Document Number: 2013-07955
Type: Proposed Rule
Date: 2013-04-11
Agency: Department of Commerce, United States Patent and Trademark Office
The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends the patent laws to implement the provisions of the Hague Agreement Concerning International Registration of Industrial Designs (Hague Agreement) in title I, and the Patent Law Treaty (PLT) in title II. The PLT harmonizes and streamlines formal procedures pertaining to the filing and processing of patent applications. This notice proposes changes to the rules of practice for consistency with the changes in the PLT and title II of the PLTIA. The United States Patent and Trademark Office (Office) is implementing the Hague Agreement and title I of the PLTIA in a separate rulemaking. The notable changes in the PLT and title II of the PLTIA pertain to: (1) The filing date requirements for a patent application; (2) the restoration of patent rights via the revival of abandoned applications and acceptance of delayed maintenance fee payments; and (3) the restoration of the right of priority to a foreign application or the benefit of a provisional application via the permitting of a claim to priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six- month period for design applications) for filing such a subsequent application.
Customer Account Registration and Maintenance
Document Number: 2013-07933
Type: Notice
Date: 2013-04-05
Agency: Department of Commerce, United States 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)).
Revisions to Patent Term Adjustment
Document Number: 2013-07429
Type: Rule
Date: 2013-04-01
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (Office) is revising the rules of practice to implement the changes to the patent term adjustment provisions in section 1(h) of the Act to correct and improve certain provisions of the Leahy-Smith America Invents Act and title 35, United States Code (AIA Technical Corrections Act). Section 1(h) of the AIA Technical Corrections Act revises the date from which the fourteen-month patent term adjustment period is measured, and clarifies the date from which the three-year patent term adjustment period is measured, with respect to international applications filed under the Patent Cooperation Treaty. Under section 1(h) of the AIA Technical Corrections Act, the fourteen-month patent term adjustment period and the three-year patent term adjustment period will be measured from the same date: the date on which an application was filed under 35 U.S.C. 111(a) in an application under 35 U.S.C. 111; or the date of commencement of the national stage under 35 U.S.C. 371 in an international application. Section 1(h) of the AIA Technical Corrections Act also revises the provisions for notifying applicants of patent term adjustment determinations and for requesting reconsideration and judicial review of the Office's patent term adjustment determinations and decisions.
Privacy Act of 1974; System of Records
Document Number: 2013-07393
Type: Notice
Date: 2013-04-01
Agency: Department of Commerce, United States Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-13 Petitioners for License to File for Foreign Patents.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Privacy Act of 1974; System of Records
Document Number: 2013-07378
Type: Notice
Date: 2013-03-29
Agency: Department of Commerce, United States Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-9 Patent Assignment Records.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Privacy Act of 1974; System of Records
Document Number: 2013-07377
Type: Notice
Date: 2013-03-29
Agency: Department of Commerce, United States Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-8 Patent Application Secrecy Order Files.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Privacy Act of 1974; System of Records
Document Number: 2013-07341
Type: Notice
Date: 2013-03-29
Agency: Department of Commerce, United States Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-7 Patent Application Files.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Privacy Act of 1974; System of Records
Document Number: 2013-07340
Type: Notice
Date: 2013-03-29
Agency: Department of Commerce, United States Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-6 Parties Involved in Patent Interference Proceedings.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Setting and Adjusting Patent Fees; Correction
Document Number: 2013-06362
Type: Rule
Date: 2013-03-20
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (Office) is correcting final regulations that were published in the Federal Register on January 18, 2013 (78 FR 4212) (``Fee Setting final rule'') to set and adjust patent fees as authorized by the Leahy-Smith America Invents Act (``AIA''). The Fee Setting rule became effective on March 19, 2013 (except that certain regulations relating to international applications become effective on January 1, 2014). This rulemaking corrects those final regulations to revise minor inconsistencies within the Fee Setting final rule or arising from other recent rulemakings under the AIA. It also corrects minor inconsistencies with a few of the Regulations under the Patent Cooperation Treaty (PCT) and typographical errors.
Privacy Act of 1974; System of Records
Document Number: 2013-06263
Type: Notice
Date: 2013-03-19
Agency: Department of Commerce, United States Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-20 Customer Call Center, Assistance and Satisfaction Survey Records.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Privacy Act of 1974; System of Records
Document Number: 2013-06256
Type: Notice
Date: 2013-03-19
Agency: Department of Commerce, United States Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-5 Non-Registered Persons Rendering Assistance to Patent Applicants.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Privacy Act of 1974; System of Records
Document Number: 2013-06255
Type: Notice
Date: 2013-03-19
Agency: Department of Commerce, United States Patent and Trademark Office
In accordance with the requirements of the Privacy Act of 1974, as amended, the United States Patent and Trademark Office (USPTO) is amending the system of records currently listed under ``COMMERCE/ PAT-TM-2 Complaints, Investigations and Disciplinary Proceedings Relating to Registered Patent Attorneys and Agents.'' This action is being taken to update the Privacy Act notice. We invite the public to comment on the amendments noted in this publication.
Deposit of Biological Materials
Document Number: 2013-06046
Type: Notice
Date: 2013-03-15
Agency: Department of Commerce, United States 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)).
Extension of the Period for Comments on the Enhancement of Quality of Software-Related Patents
Document Number: 2013-06014
Type: Notice
Date: 2013-03-15
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) published a notice announcing the formation of a partnership with the software community to enhance the quality of software-related patents (Software Partnership), and a request for comments on the preparation of patent applications, seeking input on potential practices for preparing patent applications. The USPTO also conducted two roundtables to obtain public input from organizations and individuals on topics relating to the quality of software-related patents and the preparation of software-related patent applications including: establishing clear boundaries for claims that use functional language; identifying additional topics for future discussion by the Software Partnership; and potential practices that applicants can employ at the drafting stage of a patent application in order to facilitate examination and bring more certainty to the scope of issued patents. The USPTO has received several requests for additional time to submit comments in response to the notice. Accordingly, the USPTO is extending the comment period to provide interested members of the public with additional time to submit comments to the USPTO.
Extension of the Period for Comments on the Preparation of Patent Applications
Document Number: 2013-06013
Type: Notice
Date: 2013-03-15
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) published a request for comments on the preparation of patent applications, seeking input on potential practices that applicants can employ at the drafting stage of a patent application in order to facilitate examination and bring more certainty to the scope of issued patents. The USPTO has received several requests for additional time to submit comments on the preparation of patent applications. Accordingly, the USPTO is extending the comment period to provide interested members of the public with additional time to submit comments to the USPTO.
Changes To Implement the First Inventor To File Provisions of the Leahy-Smith America Invents Act; Correction
Document Number: 2013-05815
Type: Rule
Date: 2013-03-14
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (Office) published in the Federal Register of February 14, 2013, a final rule revising the rules of practice in patent cases for consistency with, and to address the examination issues raised by, the changes in the first inventor to file provisions of the Leahy-Smith America Invents Act (AIA) (First Inventor to File Final Rule). Due to a technical issue, the First Inventor to File Final Rule as published in the Federal Register is missing text in the provisions pertaining to claims for priority to a foreign application in an application filed under the Patent Cooperation Treaty (PCT). This document corrects the omission in the First Inventor to File Final Rule as published in the Federal Register.
Legal Processes
Document Number: 2013-04867
Type: Notice
Date: 2013-03-04
Agency: Department of Commerce, United States 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: 2013-04200
Type: Notice
Date: 2013-02-25
Agency: Department of Commerce, United States Patent and Trademark Office
Changes To Implement the First Inventor To File Provisions of the Leahy-Smith America Invents Act
Document Number: 2013-03453
Type: Rule
Date: 2013-02-14
Agency: Department of Commerce, United States Patent and Trademark Office
The Leahy-Smith America Invents Act (AIA) amends the patent laws pertaining to the conditions of patentability to convert the U.S. patent system from a ``first to invent'' system to a ``first inventor to file'' system; treats U.S. patents and U.S. patent application publications as prior art as of their earliest effective U.S., foreign, or international filing date; eliminates the requirement that a prior public use or sale be ``in this country'' to be a prior art activity; and treats commonly owned or joint research agreement patents and patent application publications as being by the same inventive entity for purposes of novelty, as well as nonobviousness. The AIA also repeals the provisions pertaining to statutory invention registrations. The United States Patent and Trademark Office (Office or USPTO) is revising the rules of practice in patent cases for consistency with, and to address the examination issues raised by, the changes in section 3 of the AIA.
Notice of Public Hearing and Request for Comments on Matters Related to the Harmonization of Substantive Patent Law
Document Number: 2013-01966
Type: Notice
Date: 2013-02-01
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is seeking stakeholder input on certain matters relating to international harmonization of substantive patent law, in particular, information and views on: (1) The grace period; (2) publication of applications; (3) the treatment of conflicting applications and (4) prior user rights. To assist in gathering this information, the USPTO is holding a public hearing at which interested members of the public are invited to testify on the issues outlined above. In addition, interested members of the public are encouraged to complete an electronic questionnaire relating to the above-identified issues. Separate written comments may be provided through electronic mail, though completion of the questionnaire is strongly preferred in lieu of separate comments. Additional details may be found in the supplementary information section of this notice. Public Hearing: A public hearing will be held on March 21, 2013, beginning at 8:30 a.m. Eastern Daylight Time (EDT) and ending at 12:00 p.m. EDT. The public hearing will be held at the USPTO, Madison Auditorium, Concourse Level, Madison Building, 600 Dulany Street, Alexandria, Virginia 22314. Those wishing to present oral testimony at the hearing must request an opportunity to do so in writing by email to IP.Policy@uspto.gov no later than February 28, 2013. Requests to testify at the hearing must indicate the following information: (1) The name of the person desiring to testify; (2) the person's contact information (telephone number and electronic mail address); (3) the organization(s) the person represents, if any; and (4) a preliminary written copy of their testimony. The opportunity to testify will only be for those physically present. Based on the requests received, an agenda of scheduled testimony will be sent to testifying respondents, and posted on the USPTO Internet Web site (address: http://www.uspto.gov/ ip/global/aia_harmonization.jsp). The number of participants testifying 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 to attend. Speakers selected to provide testimony at the hearing should provide a final written copy of their testimony for inclusion in the record of the proceedings no later than February 28, 2013. In addition, any member of the public may submit written comments on issues raised at the public hearing or on any issue pertaining to harmonization. However, users are strongly encouraged to fill out the questionnaire before the roundtable event in lieu of providing separate written comments. The questionnaire will also close on February 28, 2013. The USPTO plans to make the public roundtable available via Webcast. Webcast information will be available on the USPTO's Internet Web site (address: http://www.uspto.gov/ip/global/aia_ harmonization.jsp) before the public hearing. Written Comments: Written comments should be sent by email to IP.Policy@uspto.gov. Comments may also be submitted by postal mail addressed to: Mail Stop OPEA, P.O. Box 1450, Alexandria, VA 22313-1450, ATTN: Bijou Mgbojikwe. Written comments should be identified in the subject line of the email or postal mailing as ``Harmonization Issues.'' Although comments may be submitted by postal mail, the USPTO prefers to receive comments via email. It is also strongly preferred that interested members of the public undertake the questionnaire in lieu of submitting written comments. The questionnaire will be available on the USPTO's Web site (address: http://www.uspto.gov/ip/ global/patents/tegernsee_survey/index.jsp). However, for those wishing to submit supplemental written comments, the deadline for receipt of those written comments for consideration by the USPTO is February 28, 2013. Because comments will be made available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments. It should be noted that the tenor of the questions posed in the questionnaire should not be perceived as an indication that the USPTO has taken a position on or is predisposed to any particular views. Availability of Hearing Transcript and Written Comments: A transcript of the events at the hearing and the written comments will be available for public inspection at the USPTO's Office of Policy and External Affairs in the Executive Library located in the Madison West Building, Tenth Floor, 600 Dulany Street, Alexandria, Virginia 22314. Contact: Bijou Mgbojikwe at Bijou.Mgbojikwe@uspto.gov or 571-272-9300. In addition, the hearing transcript and the comments from the public will also be available via the USPTO Internet Web site (address: http:/ /www.uspto.gov). Contact: Bijou Mgbojikwe at Bijou.Mgbojikwe@uspto.gov or 571-272-9300.
Request for Comments on Preparation of Patent Applications
Document Number: 2013-00690
Type: Notice
Date: 2013-01-15
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is seeking to improve the quality of issued patents. In this notice, the USPTO is focusing on potential practices that applicants can employ at the drafting stage of a patent application in order to facilitate examination and bring more certainty to the scope of issued patents. To that end, the USPTO is requesting input from interested members of the public on the specific practices set forth in the ``Topics for Public Comment'' section below. While this notice is directed to potential practices that applicants can employ, the USPTO also plans to issue a separate notice building on internal initiatives and further identifying potential practices the Office can employ to also facilitate examination and bring more certainty to the scope of issued patents. The USPTO intends to publish the separate notice subsequent to its review of comments received responsive to the present notice. On January 3, 2013, the USPTO published a notice announcing the formation of a partnership with the software community to enhance the quality of software-related patents (Software Partnership). See Request for Comments and Notice of Roundtable Events for Partnership for Enhancement of Quality of Software-Related Patents, 78 FR 292 (Jan. 3, 2013). The Software Partnership notice seeks public comment on specific topics related to enhancing the quality of software-related patents, and announces two roundtable events, which will not only offer participants an opportunity to provide oral comments on the topics presented in the Software Partnership notice but also on the topics set forth in the present notice, to the extent they apply to software- related patents. Comment Deadline: To be assured of consideration, written comments must be received on or before March 15, 2013. No public hearing will be held.
Extension of the Extended Missing Parts Pilot Program
Document Number: 2013-00336
Type: Notice
Date: 2013-01-10
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 twelve- 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 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 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 December 31, 2013, to better gauge whether the Extended Missing Parts Program offers sufficient benefits to the patent community for it to be made permanent.
National Medal of Technology and Innovation Call for 2013 Nominations
Document Number: 2012-31524
Type: Notice
Date: 2013-01-02
Agency: Department of Commerce, United States 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 annual NMTI (initially known as the National Medal of Technology) to our nation's leading innovators. Those wishing to nominate a candidate who has made an outstanding, lasting contribution to the economy may obtain a nomination form from: http:// go.usa.gov/1dU.