United States Patent and Trademark Office 2015 – Federal Register Recent Federal Regulation Documents

Extension of the Extended Missing Parts Pilot Program
Document Number: 2015-32469
Type: Notice
Date: 2015-12-24
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 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, 2016, to allow for the USPTO to seek public comment, via a subsequent notice to be published in the middle of 2016, on whether the Extended Missing Parts Program offers sufficient benefits to the patent community for it to be made permanent. The requirements of the program have not changed.
International Trademark Classification Changes
Document Number: 2015-32467
Type: Rule
Date: 2015-12-24
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') issues a final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement). These changes are effective January 1, 2016, and are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (10th ed., ver. 2016), which is published by the World Intellectual Property Organization (WIPO). In addition, the USPTO is making a change that appeared in an earlier revision of the Nice Agreement and minor revisions to punctuation and grammar to conform to what appears in the Nice Agreement.
Submission for OMB Review; Comment Request; Patents External Quality Survey
Document Number: 2015-31586
Type: Notice
Date: 2015-12-16
Agency: Department of Commerce, United States Patent and Trademark Office
Grant of Interim Extension of the Term of U.S. Patent No. 5,808,146; fluciclovine (18
Document Number: 2015-29887
Type: Notice
Date: 2015-11-24
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. 5,808,146.
Proposed Pilot Program Exploring an Alternative Approach to Institution Decisions in Post Grant Administrative Reviews; Reopening of Period for Comments
Document Number: 2015-28107
Type: Notice
Date: 2015-11-03
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is requesting comments on a proposed pilot program pertaining to the institution and conduct of the post grant administrative trials provided for in the Leahy-Smith America Invents Act (AIA), Public Law 112-29, 125 Stat. 284 (2011). The AIA provides for the following post grant administrative trials: Inter Partes Review (IPR), Post-Grant Review (PGR), and Covered Business Method Patent Review (CBM). The USPTO currently has a panel of three Administrative Patent Judges (APJs) decide whether to institute a trial, and then normally has the same three-APJ panel conduct the trial, if instituted. The USPTO is considering a pilot program under which the determination of whether to institute an IPR will be made by a single APJ, with two additional APJs being assigned to the IPR if a trial is instituted. Under this pilot program, any IPR trial will be conducted by a panel of three APJs, two of whom were not involved in the determination to institute the IPR. The USPTO published a request for comments in the Federal Register on August 25, 2015, seeking public comment on a proposed pilot program pertaining to the institution and conduct of these post grant administrative trial proceedings. See Request for Comments on a Proposed Pilot Program Exploring an Alternative Approach to Institution Decisions in Post Grant Administrative Reviews, 80 FR 51540 (Aug. 25, 2015). The USPTO is now extending the period for public comment until November 18, 2015.
Patents External Quality Survey
Document Number: 2015-25826
Type: Notice
Date: 2015-10-09
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 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)).
Submission for OMB Review; Comment Request; “Patent Review and Derivation Proceedings”
Document Number: 2015-24142
Type: Notice
Date: 2015-09-23
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; “Patent Reexaminations and Supplemental Examinations”
Document Number: 2015-16294
Type: Notice
Date: 2015-07-02
Agency: Department of Commerce, United States Patent and Trademark Office
Practitioner Conduct and Discipline
Document Number: 2015-15117
Type: Notice
Date: 2015-06-19
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 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)).
Expedited Patent Appeal Pilot
Document Number: 2015-14754
Type: Notice
Date: 2015-06-15
Agency: Department of Commerce, United States 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 a temporary basis (the Expedited Patent Appeal Pilot) under which an appellant may have an ex parte appeal to the Patent Trial and Appeal Board (Board) accorded special status if the appellant withdraws the appeal in another application in which an ex parte appeal is also pending before the Board. The Expedited Patent Appeal Pilot will allow appellants having multiple ex parte appeals currently pending before the Board to have greater control over the priority with which their appeals are decided and reduce the backlog of appeals pending before the Board.
Matters Related to First Inventor To File
Document Number: 2015-14093
Type: Notice
Date: 2015-06-09
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 proposed and/or continuing information collections, 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; “Trademark Petitions”
Document Number: 2015-14083
Type: Notice
Date: 2015-06-09
Agency: Department of Commerce, United States Patent and Trademark Office
Patents for Humanity Program
Document Number: 2015-11433
Type: Notice
Date: 2015-05-12
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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Pro Bono Survey
Document Number: 2015-11419
Type: Notice
Date: 2015-05-12
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 the proposed 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 Enhancing Patent Quality
Document Number: 2015-11318
Type: Notice
Date: 2015-05-11
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) recently launched a comprehensive and enhanced quality initiative. This initiative began with a request for public comments on a set of proposals for enhancing patent quality through submission of written comments. Public input on this initiative was also received through discussion at a two-day ``Quality Summit,'' held on March 25 and 26, 2015, at the USPTO headquarters in Alexandria, Virginia. The USPTO is extending the comment period to ensure that all stakeholders have sufficient opportunity to submit comments on its new enhanced quality initiative.
Title: National Medal of Technology and Innovation Nomination Evaluation Committee Meeting
Document Number: 2015-11010
Type: Notice
Date: 2015-05-08
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 Tuesday, May 19, 2015. The primary purpose of the meeting is to discuss the relative merits of persons, teams, and companies nominated for the 2013 and 2014 NMTI. The Committee will consider nominations from both years in order to expedite the awards process.
Changes To Implement the Hague Agreement Concerning International Registration of Industrial Designs
Document Number: 2015-06397
Type: Rule
Date: 2015-04-02
Agency: Department of Commerce, United States Patent and Trademark Office
Title I of the Patent Law Treaties Implementation Act of 2012 (``PLTIA'') amends the United States patent laws to implement the provisions of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, July 2, 1999, (hereinafter ``Hague Agreement'') and is to take effect on the entry into force of the Hague Agreement with respect to the United States. Under the Hague Agreement, qualified applicants may apply for design protection in the Contracting Parties to the Hague Agreement by filing a single, standardized international design application in a single language. The United States Patent and Trademark Office is revising the rules of practice to implement title I of the PLTIA.
Patent Reexaminations
Document Number: 2015-06461
Type: Notice
Date: 2015-03-20
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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Post Patent Provisions of the Leahy-Smith America Invents Act
Document Number: 2015-06459
Type: Notice
Date: 2015-03-20
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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
Proposed Revision of a Currently Approved Information Collection; Comment Request; Trademark Petitions
Document Number: 2015-06448
Type: Notice
Date: 2015-03-20
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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Proposed Revision of a Currently Approved Information Collection; Comment Request; Post Registration (Trademark Processing)
Document Number: 2015-06446
Type: Notice
Date: 2015-03-20
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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Proposed Collection; Comment Request; “Fee Deficiency Submissions”
Document Number: 2015-06442
Type: Notice
Date: 2015-03-20
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 proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Grant of Interim Extension of the Term of U.S. Patent No. 5,610,059; Monovalent Lawsonia Intracellularis Bacterin Vaccine
Document Number: 2015-05581
Type: Notice
Date: 2015-03-12
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. 5,610,059.
Submission for OMB Review; Comment Request; Recording Assignments
Document Number: 2015-04214
Type: Notice
Date: 2015-03-02
Agency: Department of Commerce, United States Patent and Trademark Office
Proposed Collection; Comment Request; “Rules for Patent Maintenance Fees”
Document Number: 2015-04212
Type: Notice
Date: 2015-03-02
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 proposed and/or continuing information collections, 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; “Public User ID Badging”
Document Number: 2015-03571
Type: Notice
Date: 2015-02-23
Agency: Department of Commerce, United States Patent and Trademark Office
Request for Comments on Enhancing Patent Quality
Document Number: 2015-02398
Type: Proposed Rule
Date: 2015-02-05
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is seeking public input and guidance to direct its continued efforts towards enhancing patent quality. These efforts focus on improving patent operations and procedures to provide the best possible work products, to enhance the customer experience, and to improve existing quality metrics. In pursuit of these goals, the USPTO is launching a comprehensive and enhanced quality initiative. This initiative begins with a request for public comments on the set of proposals outlined in this document and will continue with a two-day ``Quality Summit'' with the public to discuss the outlined proposals. The conversation with the public held at this Quality Summit, complemented by written comments to these proposals, is the first of many steps toward developing a new paradigm of patent quality at the USPTO. Through an active and long- term partnership with the public, the USPTO seeks to ensure the issuance of the best quality patents and provide the best customer service possible.
Submission for OMB Review; Comment Request
Document Number: 2015-01684
Type: Notice
Date: 2015-01-29
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request; Fastener Quality Act Insignia Recordal Process
Document Number: 2015-01394
Type: Notice
Date: 2015-01-28
Agency: Department of Commerce, United States Patent and Trademark Office
Miscellaneous Changes to Trademark Rules of Practice and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks
Document Number: 2015-00267
Type: Rule
Date: 2015-01-16
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (``Office'') is revising the Trademark Rules of Practice and the Rules of Practice in Filings Pursuant to the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks to benefit the public by providing greater clarity as to certain requirements relating to representation before the Office, applications for registration, examination procedures, amendment of applications, publication and post publication procedures, appeals, petitions, post registration practice, correspondence in trademark cases, classification of goods and services, and procedures under the Madrid Protocol. For the most part, the rule changes are intended to codify existing practice.
Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee
Document Number: 2015-00061
Type: Rule
Date: 2015-01-09
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (Office) is revising the rules of practice pertaining to patent term adjustment in view of the decision by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) in Novartis AG v. Lee. The Federal Circuit confirmed in Novartis that any time consumed by continued examination is subtracted in determining the extent to which the period of application pendency exceeds three years, regardless of when the continued examination was initiated. The Federal Circuit, however, decided that the time consumed by continued examination does not include the time after a notice of allowance, unless the Office actually resumes examination of the application after allowance. Accordingly, the Office is revising the rules of practice to provide that the time consumed by continued examination does not include the time after a notice of allowance, unless the applicant files a request for continued examination after such allowance. The Office also is revising the rules of practice to provide that the submission of a request for continued examination after any notice of allowance has been mailed will constitute a failure of an applicant to engage in reasonable efforts to conclude processing or examination of an application and thus result in a reduction of any period of patent term adjustment. The Office is providing an exception to this patent term adjustment reduction provision for a request for continued examination filed solely to submit information cited in a patent office communication in a counterpart application that is submitted to the Office within thirty days of receipt of the patent office communication. Additionally, the Office is clarifying what papers may be submitted after a notice of allowance without the applicant being considered to have failed to engage in reasonable efforts to conclude processing or examination of the application.
Grant of Interim Extension of the Term of U.S. Patent No. 5,593,823; INTERCEPT® Blood System for Plasma
Document Number: 2014-30945
Type: Notice
Date: 2015-01-06
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office has issued an order granting a second interim extension under 35 U.S.C. 156(d)(5) for a one-year interim extension of the term of U.S. Patent No. 5,593,823.
Submission for OMB Review; Comment Request: Applications for Trademark Registration
Document Number: 2014-30678
Type: Notice
Date: 2015-01-02
Agency: Department of Commerce, United States Patent and Trademark Office