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

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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
2014 Interim Guidance on Patent Subject Matter Eligibility
Document Number: 2014-29414
Type: Rule
Date: 2014-12-16
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) has prepared interim guidance (2014 Interim Guidance on Patent Subject Matter Eligibility, called ``Interim Eligibility Guidance'') for use by USPTO personnel in determining subject matter eligibility under 35 U.S.C. 101 in view of recent decisions by the U.S. Supreme Court (Supreme Court). This Interim Eligibility Guidance supplements the June 25, 2014, Preliminary Examination Instructions in view of the Supreme Court decision in Alice Corp. (June 2014 Preliminary Instructions) and supersedes the March 4, 2014, Procedure For Subject Matter Eligibility Analysis Of Claims Reciting Or Involving Laws Of Nature/Natural Principles, Natural Phenomena, And/Or Natural Products (March 2014 Procedure) issued in view of the Supreme Court decisions in Myriad and Mayo. The USPTO is seeking public comment on this Interim Eligibility Guidance along with additional suggestions on claim examples for explanatory example sets.
Reduction of Fees for Trademark Applications and Renewals
Document Number: 2014-29413
Type: Rule
Date: 2014-12-16
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (``Office'' or ``USPTO'') is amending its regulations to reduce certain trademark fees, as authorized by the Leahy-Smith America Invents Act (``AIA''). The reductions will reduce total trademark fee collections and promote efficiency for the USPTO and customers. The reductions also will further USPTO strategic objectives to increase the end-to-end electronic processing of trademark applications by offering additional electronic application processing.
Submission for OMB Review; Comment Request
Document Number: 2014-27931
Type: Notice
Date: 2014-11-26
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2014-27930
Type: Notice
Date: 2014-11-26
Agency: Department of Commerce, United States Patent and Trademark Office
Request for Comments and Notice of Roundtable on USPTO Use of Crowdsourcing To Identify Relevant Prior Art
Document Number: 2014-26835
Type: Notice
Date: 2014-11-12
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is announcing a December 2, 2014 roundtable and requesting written comments on USPTO use of crowdsourcing to identify relevant prior art. Members of the public are invited to participate at the roundtable. On February 20, 2014, the White House issued a series of executive actions including crowdsourcing prior art as a means to strengthen patent quality. The roundtable will address the executive action by exploring: (1) How the USPTO can utilize crowdsourcing tools to obtain relevant prior art in order to enhance the quality of examination and issued patents; and (2) ways the USPTO can leverage existing private sector solutions for the electronic receipt and hosting of crowdsourced materials as a means to provide prior art to examiners.
Renaming of Express Mail® to Priority Mail Express®
Document Number: 2014-24891
Type: Rule
Date: 2014-10-22
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark (Office) is revising the rules of practice to change the phrase Express Mail or EXPRESS MAIL[supreg] to Priority Mail Express[supreg] due to the United States Postal Service (USPS) renaming Express Mail[supreg] to Priority Mail Express[supreg] on July 28, 2013, and to make other changes to conform the nomenclature used in the rules of practice to the current nomenclature used by the USPS.
Applications for Trademark Registration
Document Number: 2014-24967
Type: Notice
Date: 2014-10-21
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)).
Notice on Roundtable on International Harmonization of Substantive Patent Law
Document Number: 2014-22222
Type: Notice
Date: 2014-09-18
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is seeking input on certain matters relating to the international harmonization of substantive patent law. In view of the importance of harmonization of substantive patent law to the successful reutilization of the examination work of one intellectual property office by another, or work sharing, the USPTO is particularly interested in stakeholder comments on the following key patent examination-related issues: The definition and scope of prior art; the grace period; and standards for assessing novelty and obviousness/inventive step. To assist in gathering this information, the USPTO is holding a public roundtable which interested members of the public are invited to attend.
Extension of the 2014 Application Deadline for Patents for Humanity Program
Document Number: 2014-22067
Type: Notice
Date: 2014-09-16
Agency: Department of Commerce, United States Patent and Trademark Office
In April 2014, the United States Patent and Trademark Office (USPTO) renewed the Patents for Humanity 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 until October 31, 2014.
Performance Review Board (PRB)
Document Number: 2014-22066
Type: Notice
Date: 2014-09-16
Agency: Department of Commerce, United States Patent and Trademark Office
In conformance with the Civil Service Reform Act of 1978, the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.
Grant of Interim Extension of the Term of U.S. Patent No. 5,686,060; LUMASONTM
Document Number: 2014-21308
Type: Notice
Date: 2014-09-08
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. 5,686,060.
Submission for OMB Review; Comment Request
Document Number: 2014-21274
Type: Notice
Date: 2014-09-08
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2014-21047
Type: Notice
Date: 2014-09-04
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2014-21044
Type: Notice
Date: 2014-09-04
Agency: Department of Commerce, United States Patent and Trademark Office
Proposed Collection; Comment Request
Document Number: 2014-21039
Type: Notice
Date: 2014-09-04
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 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
Document Number: 2014-17790
Type: Notice
Date: 2014-07-29
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) will submit to the Office of Management and Budget (OMB) for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Title: Patent Petitions Related to Application and Reexamination Processing Fees. Form Number(s): PTO/SB/17P, PTO/SB/23, PTO/SB/24a, PTO/SB/28 (EFS- Web only), and PTO/SB/140 (EFS-Web only). Agency Approval Number: 0651-0059. Type of Request: Revision of a currently approved collection. Burden: 35,596 hours annually. Number of Respondents: 33,119 responses per year. Avg. Hours per Response: The USPTO estimates that it takes the public approximately 5 minutes (0.08 hours) to 12 hours to complete items in this collection, depending on the petition. This includes the time to gather the necessary information, prepare the petitions and petition fee transmittals, and submit them to the USPTO. The USPTO estimates that it takes the same amount of time (and possibly less time) to gather the necessary information, prepare the submission, and submit it electronically as it does to submit the information in paper form. Needs and Uses: The public uses the information in this collection to petition for various actions under 37 CFR 1.17(f), (g), and (h), such as petitioning for a suspension of the rules, requesting access to an assignment record, or requesting the withdrawal of an application from issue either before or after paying the issue fee. In addition, the public uses these petitions to obtain copies of documents that have been submitted in a form other than that provided by the rules of practice, to request accelerated examination, to request abandonment of an application to avoid publication of said application, and to request an extension of time. The public uses the transmittal form to remit the required fees for the various petitions. The USPTO uses the information collected from the petitions and transmittal form to determine whether to grant the various requests and to ensure that the proper fees have been remitted and are processed accordingly. Affected Public: Businesses or other for-profits. Frequency: On occasion. Respondent's Obligation: Required to obtain or retain benefits. OMB Desk Officer: Nicholas A. Fraser, email: Nicholas_A._ Fraser@omb.eop.gov. Once submitted, the request will be publicly available in electronic format through the Information Collection Review page at www.reginfo.gov. Paper copies can be obtained by: Email:InformationCollection@uspto.gov. Include ``0651-0059 copy request'' in the subject line of the message. Mail: Margaret McElrath, Deputy Director, Office of Information Management Services, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. Written comments and recommendations for the proposed information collection should be sent on or before August 28, 2014 to Nicholas A. Fraser, OMB Desk Officer, via email to Nicholas_A._ Fraser@omb.eop.gov, or by fax to 202-395-5167, marked to the attention of Nicholas A. Fraser.
Request for Comments and Extension of Comment Period on Examination Instruction and Guidance Pertaining to Patent-Eligible Subject Matter
Document Number: 2014-15352
Type: Notice
Date: 2014-06-30
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Supreme Court (Supreme Court) recently issued a decision in Alice Corporation Pty. Ltd. v. CLS Bank International (Alice Corp.), which dealt with claims to a computerized scheme for mitigating settlement risk. The Supreme Court held in a unanimous decision that the claimed subject matter was not patent- eligible because it was drawn to the abstract idea of intermediated settlement implemented on a generic computer. The United States Patent and Trademark Office (USPTO) has issued preliminary instructions on Alice Corp. to the patent examining corps and these preliminary instructions have been posted on the USPTO's Internet Web site. The USPTO is inviting public comment on the Alice Corp. preliminary instructions. The USPTO is also extending the period for public comment on the Examination Guidance For Determining Subject Matter Eligibility Of Claims Reciting Or Involving Laws of Nature, Natural Phenomena, and Natural Products (Laws of Nature/Natural Products Guidance).
Admission To Practice and Roster of Registered Patent Attorneys and Agents Admitted To Practice Before the United States Patent and Trademark Office (USPTO)
Document Number: 2014-15217
Type: Notice
Date: 2014-06-30
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)).
Patent Examiner Employment Application
Document Number: 2014-14214
Type: Notice
Date: 2014-06-18
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)).
Changes to Patent Term Adjustment in View of the Federal Circuit Decision in Novartis v. Lee
Document Number: 2014-14186
Type: Proposed Rule
Date: 2014-06-18
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (Office) is proposing changes to the rules of practice pertaining to the patent term adjustment provisions 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 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. The Office is proposing changes to 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 Office actually resumes examination of the application after allowance. The Office also is proposing changes to the rules of practice to provide that the submission of a request for continued examination after a 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.
Request for Comments on Virtual Marking
Document Number: 2014-14044
Type: Notice
Date: 2014-06-16
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is seeking public comment on virtual marking, which was provided for by the Leahy-Smith America Invents Act (AIA) as an alternative to physically marking patented articles as a means to provide notice to the public that such articles are subject to patent protection. The AIA requires that the Director of the USPTO prepare, not later than three years from the date of enactment of the AIA, a report of: The effectiveness of virtual marking as an alternative to the physical marking of articles; whether such virtual marking has limited or improved the ability of the general public to access information about patents; and any legal issues or deficiencies that arise from such virtual marking.
Submission for OMB Review; Comment Request
Document Number: 2014-12189
Type: Notice
Date: 2014-05-28
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2014-12188
Type: Notice
Date: 2014-05-28
Agency: Department of Commerce, United States Patent and Trademark Office
Revisions To Implement the Patent Term Adjustment Provisions of the Leahy-Smith America Invents Act Technical Corrections Act
Document Number: 2014-11131
Type: Rule
Date: 2014-05-15
Agency: Department of Commerce, United States Patent and Trademark Office
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) revised the patent law provisions pertaining to patent term adjustment. Section 1(h) of the AIA Technical Corrections Act revised the date from which the fourteen- month patent term adjustment period is measured, and clarified 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 is 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 revised the provisions for notifying applicants of patent term adjustment determinations and revised the time period for requesting reconsideration and judicial review of the Office's patent term adjustment determinations and decisions. The United States Patent and Trademark Office (Office) published an interim rule on April 1, 2013 (patent term adjustment interim rule), amending the rules of practice to implement the changes to the patent term adjustment provisions in section 1(h) of the AIA Technical Corrections Act. This final rule adopts as final the amendments to the rules of practice originally set forth in the patent term adjustment interim rule. The Office is further providing an optional procedure for requesting a recalculation of patent term adjustment, as an alternative to the petition and fee otherwise required to request reconsideration of a patent term adjustment determination, for patents issued between January 14, 2013 (the date of enactment of the AIA Technical Corrections Act) and May 20, 2014 (patents issued on or after this date will have patent term adjustment determinations consistent with the AIA Technical Corrections Act) that resulted directly from international applications. The Office is providing this optional procedure for requesting a recalculation of patent term adjustment because the Office has experienced a significant delay in modifying the computer program used to calculate patent term adjustment with respect to the changes resulting from the AIA Technical Corrections Act.
Information Collection; Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks)
Document Number: 2014-10942
Type: Notice
Date: 2014-05-13
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 revision of 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)).
Patents for Humanity Program
Document Number: 2014-07489
Type: Notice
Date: 2014-04-03
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) recently concluded a twelve-month pilot program called Patents for Humanity to incentivize the use of patented technologies for humanitarian purposes, culminating with an awards ceremony in April 2013. Following the success of this pilot, the USPTO is continuing Patents for Humanity as an annual awards competition. The USPTO will announce an application period each year of the competition. For 2014, applications will be accepted from April 15 to September 15, 2014. Participants will submit program applications describing what actions they have taken with their patented technology to either address humanitarian needs among an impoverished population or further research by others on humanitarian technologies. Applications will be accepted in five categories: (1) Medicine, (2) Nutrition, (3) Sanitation, (4) Household Energy, and (5) Living Standards. Independent judges will review the program applications, and Federal employees from other agencies will recommend awards based on these reviews. For the 2014 competition, two types of awards will be made: Patents for Humanity Awards and honorable mentions. The Patents for Humanity Award is the top award for applicants best representing the Patents for Humanity principles. Patents for Humanity Award recipients in 2014 will receive a certificate to accelerate select matters before the USPTO and public recognition for their efforts, including an award ceremony sponsored by the USPTO. Honorable mentions in 2014 will receive accelerated examination of one patent application and a featured writeup on the USPTO Web site. A portion of honorable mentions may be awarded for the best up and coming technologies. The USPTO expects to award roughly ten Patents for Humanity Awards and up to twenty honorable mentions in 2014. The exact number of awards may vary depending on the number and quality of program applications received. Types of awards for subsequent years will be announced with the application period in the Federal Register. Patents for Humanity certificates awarded through the 2014 competition can be redeemed to accelerate one of the following matters: An ex parte reexamination proceeding, including one appeal to the Patent Trial and Appeal Board (PTAB) from that proceeding; a patent application, including one appeal to the PTAB from that application; or an appeal to the PTAB of a claim twice rejected in a patent application or reissue application or finally rejected in an ex parte reexamination, without accelerating the underlying matter which generated the appeal. Inter partes reexaminations and interference proceedings are not eligible for acceleration, nor are post-grant reviews, inter partes reviews, covered business method reviews, derivation proceedings, or supplemental examinations. Certificates awarded are not transferable to other parties.