United States Patent and Trademark Office 2023 – Federal Register Recent Federal Regulation Documents
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Changes To Implement Provisions of the Trademark Modernization Act of 2020; Delay of Effective Date
On November 17, 2021, the United States Patent and Trademark Office (USPTO) published in the Federal Register a final rule amending its regulations to implement provisions of the Trademark Modernization Act of 2020 (TMA) concerning new response periods and extensions in the examination of post-registration filings. Those provisions had an effective date of December 1, 2022. On October 13, 2022, the provisions regarding responses and extensions in the examination of post- registration filings were subsequently delayed until October 7, 2023. This notice further delays the provisions that address the post- registration provisions until the spring or early summer of 2024.
Request for Comments on a Proposed Track Three Pilot Program With a Pre-Examination Search Option
The United States Patent and Trademark Office (USPTO or Office) seeks public comments on a proposed Track Three Pilot Program that would permit micro entity applicants to delay payment of the search fee and the examination fee for a period of 30 months from the earliest filing date claimed, under certain conditions. By lowering a barrier to intellectual property protection, the proposed Track Three Pilot Program reinforces the USPTO's commitment to providing the best and most accessible intellectual property system in the world. Under the proposed Track Three Pilot Program, micro entity applicants would need to submit a request to participate in the program when filing a nonprovisional utility or plant application, pay the basic filing fee, and satisfy other requirements, including the requirement that the application be in condition for publication to enable it to be published after the expiration of 18 months from the earliest filing date for which a benefit is sought. The USPTO is also exploring including in the Track Three Pilot Program an option that would permit micro entity applicants, under certain conditions, to obtain a pre- examination search report prior to the deadline for payment of the examination fee. The pre-examination search report would provide applicants with additional information as they consider potential commercialization and the value of their invention.
Trademark Public Advisory Committee Public Hearing on the Proposed Trademark Fee Schedule
The United States Patent and Trademark Office (USPTO) is announcing the date, time, and place of a public hearing that will be held by the Trademark Public Advisory Committee (TPAC) on the USPTO's proposed setting or adjusting of trademark fees pursuant to the USPTO's fee setting authority under section 10 of the Leahy-Smith America Invents Act (AIA). The USPTO will make its proposed trademark fees availableas set forth in the SUPPLEMENTARY INFORMATION section of this noticebefore the TPAC hearing. The public is invited to testify at the hearing and submit written comments regarding proposed trademark fees.
Study of the Patent Pro Bono Programs; Notice of Public Listening Sessions and Request for Comments
The United States Patent and Trademark Office (USPTO) seeks public comments on areas related to the study of the patent pro bono programs identified in the Unleashing American Innovators Act of 2022. This study builds upon the work the USPTO has conducted for over a decade and has scaled during the Biden Administration, to bring more people in America into the innovation ecosystem to create more jobs, foster economic prosperity, and solve world problems. The USPTO is announcing two public listening sessions on June 5 and 7, 2023, titled ``Inventor Listening Session for Patent Pro Bono Programs'' and ``Patent Practitioner Listening Session for Patent Pro Bono Program,'' respectively, to provide further opportunity for the public to provide input on these subject areas.
Grant of Interim Extension of the Term of U.S. Patent No. 6,929,639-POLARX® (Cryoablation Balloon Catheter)
The United States Patent and Trademark Office has issued a certificate under 35 U.S.C. 156(d)(5) for a one-year interim extension of the term of U.S. Patent No. 6,929,639.
Joint USPTO-FDA Collaboration Initiatives; Notice of Public Listening Session and Request for Comments
The United States Patent and Trademark Office (USPTO), Department of Commerce, in collaboration with the United States Food and Drug Administration (FDA), Department of Health and Human Services, is extending the written comment period for the notice titled ``Joint USPTO-FDA Collaboration Initiatives; Notice of Public Listening Session and Request for Comments'' that was published in the Federal Register on November 7, 2022, until March 10, 2023.
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