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

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Glossary Pilot Program
Document Number: 2014-06792
Type: Notice
Date: 2014-03-27
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO or Office) is initiating a Glossary Pilot Program to study how the inclusion of a glossary section in the specification of a patent application at the time of filing the application improves the clarity of the patent claims and facilitates examination of patent applications by the USPTO. Currently, there is no requirement that a glossary section be provided by an applicant as part of the patent application specification. In order to participate in the Glossary Pilot Program, an applicant will be required to include a glossary section in the patent application specification to define terms used in the patent application. The pilot is testing to see if definitions in the glossary section enhance patent quality and improve the clarity of patent claims, by enabling the USPTO and the public to more fully understand the meaning of the patent claims. This notice outlines conditions, eligibility requirements, and guidelines of the pilot program, which will govern acceptance of an application into, and examination under, the Glossary Pilot Program. Applications accepted into this pilot program will receive expedited processing by placing them on an examiner's special docket prior to the first Office action, and will have special status up to issuance of a first Office action.
National Medal of Technology and Innovation Nomination Evaluation Committee Charter Renewal
Document Number: 2014-06015
Type: Notice
Date: 2014-03-19
Agency: Department of Commerce, United States Patent and Trademark Office
The Chief Financial Officer and Assistant Secretary of Commerce for Administration, with the concurrence of the General Services Administration, renewed the Charter for the National Medal of Technology and Innovation Nomination Evaluation Committee on February 28, 2014.
National Medal of Technology and Innovation Extension of Deadline for 2014 Nominations
Document Number: 2014-06008
Type: Notice
Date: 2014-03-19
Agency: Department of Commerce, United States Patent and Trademark Office
The Department of Commerce (United States Patent and Trademark Office (USPTO)) is in the process of 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. To ensure greater participation in the nomination process, the USPTO is extending the deadline for nominations from April 1, 2014 to June 2, 2014. 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 are encouraged to submit a nomination.
Request for Comments and Notice of Roundtable Event on the Use of Crowdsourcing and Third-Party Preissuance Submissions To Identify Relevant Prior Art
Document Number: 2014-05996
Type: Notice
Date: 2014-03-19
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (Office) is hosting a roundtable event to solicit public opinions regarding the use of crowdsourcing and third-party preissuance submissions to identify relevant prior art and enhance the quality of examination as well as the quality of issued patents. Members of the public are invited to participate. The roundtable will provide a forum for an informal discussion of the topics identified in this notice. Written comments in response to these topics also are requested.
Submission for OMB Review; Comment Request
Document Number: 2014-05877
Type: Notice
Date: 2014-03-18
Agency: Department of Commerce, United States Patent and Trademark Office
Substantive Submissions Made During Prosecution of the Trademark Application
Document Number: 2014-04814
Type: Notice
Date: 2014-03-05
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 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 Continued Prosecution Application Practice
Document Number: 2014-04807
Type: Rule
Date: 2014-03-05
Agency: Department of Commerce, United States Patent and Trademark Office
The Leahy-Smith America Invents Act (AIA) revised and streamlined the requirements for the inventor's oath or declaration. In implementing the AIA inventor's oath or declaration provisions, the United States Patent and Trademark Office (Office) provided that an applicant may postpone the filing of the inventor's oath or declaration until allowance if the applicant provides an application data sheet indicating the name, residence, and mailing address of each inventor. The rules pertaining to continued prosecution applications (which are applicable only to design applications) require that the prior nonprovisional application of a continued prosecution application be complete, which requires that the prior nonprovisional application contain the inventor's oath or declaration. This interim rule revises the rules pertaining to continued prosecution applications to permit the filing of a continued prosecution application even if the prior nonprovisional application does not contain the inventor's oath or declaration if the continued prosecution application is filed on or after September 16, 2012, and the prior nonprovisional application contains an application data sheet indicating the name, residence, and mailing address of each inventor.
Changes to Permit Delayed Submission of Certain Requirements for Prioritized Examination
Document Number: 2014-04806
Type: Rule
Date: 2014-03-05
Agency: Department of Commerce, United States Patent and Trademark Office
The Leahy-Smith America Invents Act includes provisions for prioritized examination of patent applications (also referred to as ``Track I''), which have been implemented by the United States Patent and Trademark Office (Office) in previous rulemakings. This interim rule simplifies the Track I prioritized examination practice to reduce the number of requests for prioritized examination that must be dismissed. In order to enable rapid processing and examination of those applications, the previous rulemakings provided that an application having a request for Track I prioritized examination requires, upon filing of the application, an inventor's oath or declaration and all required fees, and contains no more than four independent claims, thirty total claims, and no multiple dependent claims. Accordingly, any request for Track I prioritized examination not meeting all of the requirements on filing must be dismissed. The Office has found that many such dismissals are due to the application as filed not including a properly executed inventor's oath or declaration, not including the excess claims fees or application size fee due, or improperly including a multiple dependent claim or claims in excess of the permitted number. The Office has determined that the time periods for meeting those requirements when filing a request for Track I prioritized examination could be expanded while maintaining the Office's ability to timely examine the patent application.
Grant of Interim Extension of the Term of U.S. Patent No. 5,610,059; Monovalent Lawsonia Intracellularis Bacterin Vaccine
Document Number: 2014-03855
Type: Notice
Date: 2014-02-24
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. 5,610,059.
Notice of Public Hearings and Extension of Comment Period on the Proposed Changes To Require Identification of Attributable Owner
Document Number: 2014-03629
Type: Proposed Rule
Date: 2014-02-20
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (Office) published a notice on January 24, 2014, proposing changes to the rules of practice to require that the attributable owner, including the ultimate parent entity, be identified during the pendency of a patent application and at specified times during the life of a patent, and seeking written comments on the proposed changes. This initiative is one of a number of executive actions issued by the Administration that are designed to ensure issuance of the highest-quality patents, enhance competition by providing the public with more complete information about the competitive environment in which innovators operate, improve market efficiency for patent rights by making patent ownership information more readily and easily available, reduce abusive patent litigation by helping the public defend itself against frivolous litigation, and level the playing field for innovators. The Office is conducting two public hearings to discuss these proposed changes. The public hearings are an additional way for the Office to introduce the proposed changes and directly receive feedback from the public. The Office also is extending the period for public comment on the proposed changes until April 24, 2014, to provide interested members of the public with additional time to submit written comments.
Changes in Requirements for Collective Trademarks and Service Marks, Collective Membership Marks, and Certification Marks
Document Number: 2014-03256
Type: Proposed Rule
Date: 2014-02-20
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') proposes to amend the rules related to collective trademarks, collective service marks, and collective membership marks (together ``collective marks''), and certification marks to clarify application requirements, allegations of use requirements, multiple-class application requirements, and registration maintenance requirements for such marks. These proposed rule changes will codify current USPTO practice set forth in the USPTO's ``Trademark Manual of Examining Procedure'' (``TMEP'') and precedential case law. These changes also will permit the USPTO to provide the public more detailed guidance regarding registering and maintaining registrations for these types of marks and will promote the efficient and consistent processing of such marks. Further, the USPTO proposes to amend several rules beyond those related to collective marks and certification marks to create consistency with rule changes regarding such marks and to streamline the rules, by consolidating text and incorporating headings, for easier use.
Request for Comments and Notice of Roundtable Event on the Written Description Requirement for Design Applications
Document Number: 2014-02578
Type: Notice
Date: 2014-02-06
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (Office) is hosting a roundtable event to solicit public opinions regarding the written description requirement as applied to design applications in certain limited situations. Members of the public are invited to participate. The roundtable will provide a forum for an informal discussion of the topics identified in this notice. Written comments in response to these topics also are requested.
Submission for OMB Review; Comment Request
Document Number: 2014-01777
Type: Notice
Date: 2014-01-30
Agency: Department of Commerce, United States Patent and Trademark Office
Submission for OMB Review; Comment Request
Document Number: 2014-01522
Type: Notice
Date: 2014-01-28
Agency: Department of Commerce, United States Patent and Trademark Office
Changes To Require Identification of Attributable Owner
Document Number: 2014-01195
Type: Proposed Rule
Date: 2014-01-24
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 to facilitate the examination of patent applications and to provide greater transparency concerning the ownership of patent applications and patents. This initiative is one of a number of executive actions issued by the Administration that are designed to ensure the highest-quality patents, enhance competition by providing the public with more complete information about the competitive environment in which innovators operate, enhance technology transfer and reduce the costs of transactions for patent rights by making patent ownership information more readily and easily available, reduce abusive patent litigation by helping the public defend itself against frivolous litigation, and level the playing field for innovators. The Office is proposing in this document to require that the attributable owner, including the ultimate parent entity, be identified during the pendency of a patent application and at specified times during the life of a patent. The Office is specifically proposing that the attributable owner be identified on filing of an application (or shortly thereafter), when there is a change in the attributable owner during the pendency of an application, at the time of issue fee and maintenance fee payments, and when a patent is involved in supplemental examination, ex parte reexamination, or a trial proceeding before the Patent Trial and Appeal Board (PTAB). The Office is also seeking comments on whether the Office should enable patent applicants and owners to voluntarily report licensing offers and related information to the Office, which the Office will then make available to the public in an accessible online format.
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: 2014-01126
Type: Proposed Rule
Date: 2014-01-23
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (``Office'') proposes to amend 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 proposed rule changes are intended to codify existing practice.
Request for Comments Regarding Prior Art Resources for Use in the Examination of Software-Related Patent Applications
Document Number: 2013-31492
Type: Notice
Date: 2014-01-06
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) has formed a partnership with the software community to enhance the quality of software-related patents (Software Partnership). The Software Partnership is an opportunity to bring stakeholders together through a series of roundtable discussions to share ideas, feedback, experiences, and insights on software-related patents. On December 5, 2013, as part of the Software Partnership, the USPTO hosted a roundtable discussion on the USPTO's prior art searching techniques and tools. At the roundtable, the USPTO spoke on the prior art resources currently utilized by examiners and listened to external speakers and the public on additional prior art resources and improved search techniques. In order to receive further feedback from stakeholders, the USPTO is requesting comments on the questions regarding prior art resources and search techniques set forth below.
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.