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

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July 2009 Revision of Patent Cooperation Treaty Procedures
Document Number: E9-15303
Type: Rule
Date: 2009-07-01
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) is revising the rules of practice in title 37 of the Code of Federal Regulations (CFR) to conform them to certain amendments made to the Regulations under the Patent Cooperation Treaty (PCT) that take effect on July 1, 2009. These amendments result in a change to the procedure under the PCT whereby applicants may make amendments to the claims in an international application.
Additional Period for Comments on Deferred Examination for Patent Applications
Document Number: E9-14154
Type: Notice
Date: 2009-06-16
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) conducted a roundtable to obtain public input on deferral of examination for patent applications, and invited the public to submit written comments on issues raised at the roundtable or on any issue pertaining to deferral of examination. The USPTO is providing an additional comment period so that members of the public may submit additional comments on any issue pertaining to deferral of examination, and may also submit comments in reply to the comments on deferred examination that the USPTO has already received.
Public Advisory Committees
Document Number: E9-5844
Type: Notice
Date: 2009-03-19
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
On November 29, 1999, the President signed into law the Patent and Trademark Office Efficiency Act (the ``Act''), Public Law 106-113, which, among other things, established two Public Advisory Committees to review the policies, goals, performance, budget and user fees of the United States Patent and Trademark Office (USPTO) with respect to patents, in the case of the Patent Public Advisory Committee, and with respect to trademarks, in the case of the Trademark Public Advisory Committee, and to advise the Director on these matters (now codified at 35 U.S.C. 5). Due to the expiration of current members' terms, the USPTO is requesting nominations for three (3) members to the Patent Public Advisory Committee (PPAC) and two (2) members to the Trademark Public Advisory Committee (TPAC) for terms of three years that begin from date of appointment.
Request for Comments and Notice of Roundtable on Deferred Examination for Patent Applications
Document Number: E9-1740
Type: Notice
Date: 2009-01-28
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (USPTO) frequently receives suggestions that the USPTO adopt a deferral of examination procedure. The USPTO is conducting a roundtable to obtain public input from diverse sources to determine whether the support expressed for deferral of examination is isolated or whether there is general support in the patent community and/or the public sector generally for the adoption of some type of deferral of examination. The roundtable is open to the public. Members of the public who wish to participate in the roundtable must do so by request, as the number of participants in the roundtable is limited to ensure that all who are speaking will have a meaningful chance to do so. Members of the public who wish solely to observe need not submit a request. Any member of the public may submit written comments on issues raised at the roundtable or on any issue pertaining to deferral of examination.
National Medal of Technology and Innovation Nomination Evaluation Committee
Document Number: E9-104
Type: Notice
Date: 2009-01-08
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The Department of Commerce (United States Patent and Trademark Office) is requesting nominations of individuals to serve on the National Medal of Technology and Innovation Nomination Evaluation Committee. The United States Patent and Trademark Office will consider nominations received in response to this notice as well as from other sources. The SUPPLEMENTARY INFORMATION section of this notice provides committee and membership criteria.
National Medal of Technology and Innovation Call for 2009 Nominations
Document Number: E9-102
Type: Notice
Date: 2009-01-08
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The Department of Commerce (United States Patent and Trademark Office) is accepting nominations for its National Medal of Technology and Innovation (NMTI) program. Since establishment by Congress in 1980, the President of the United States has awarded the National Medal of Technology and Innovation (formerly known as the National Medal of Technology) annually to our Nation's leading innovators. If you know of a candidate who has made an outstanding, lasting contribution to the economy through the promotion of technology or technological manpower, you may obtain a nomination form from: http://www.uspto.gov/nmti. Eligibility and Criteria: Information on eligibility and nomination criteria is provided on the Nominations Guidelines Form at http:// www.uspto.gov/nmti.
Fiscal Year 2009 Changes to Patent Cooperation Treaty Transmittal and Search Fees
Document Number: E8-26711
Type: Rule
Date: 2008-11-12
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is amending the rules of practice to adjust the transmittal and search fees for international applications filed under the Patent Cooperation Treaty (PCT). The Office is adjusting the PCT transmittal and search fees to recover the estimated average cost to the Office of processing PCT international applications and preparing international search reports and written opinions for PCT international applications.
Grant of Interim Extension of the Term of U.S. Patent No. 4,919,140; AndaraTM
Document Number: E8-24881
Type: Notice
Date: 2008-10-20
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
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. 4,919,140.
Performance Review Board (PRB)
Document Number: E8-24065
Type: Notice
Date: 2008-10-09
Agency: Department of Commerce, United States Patent and Trademark Office
In conformance with the Civil Service Reform Act of 1978, 5 U.S.C. 4314(c)(4), the United States Patent and Trademark Office announces the appointment of persons to serve as members of its Performance Review Board.
Changes to Representation of Others Before the United States Patent and Trademark Office
Document Number: E8-23908
Type: Rule
Date: 2008-10-09
Agency: Department of Commerce, United States Patent and Trademark Office
The United States Patent and Trademark Office (Office) published a final rule in the Federal Register on August 14, 2008, adopting new rules governing the conduct of disciplinary investigations, issuing warnings when closing such investigations, disciplinary proceedings, non-disciplinary transfer to disability inactive status and reinstatement to practice before the Office. This document corrects omissions in that final rule and amends the Rules of Practice for consistency with the final rule.
Submission for OMB Review; Comment Request
Document Number: E8-23810
Type: Notice
Date: 2008-10-08
Agency: Department of Commerce, United States Patent and Trademark Office
Scope of Foreign Filing Licenses
Document Number: E8-16830
Type: Notice
Date: 2008-07-23
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Applicants and registered patent practitioners are reminded that the export of subject matter abroad pursuant to a license from the United States Patent and Trademark Office (USPTO), such as a foreign filing license, is limited to purposes related to the filing of foreign patent applications. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances.
Submission for OMB Review; Comment Request
Document Number: E8-13048
Type: Notice
Date: 2008-06-11
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals
Document Number: E8-12451
Type: Rule
Date: 2008-06-10
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office amends the rules governing practice before the Board of Patent Appeals and Interferences in ex parte patent appeals. Amendments to the rules governing practice before the Board in ex parte appeals are needed to permit the Board to handle an increasing number of ex parte appeals in a timely manner.
Submissions Regarding Correspondence and Regarding Attorney Representation (Trademarks)
Document Number: E8-7980
Type: Notice
Date: 2008-04-15
Agency: Department of Commerce, United States Patent and Trademark Office, 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 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)).
National Medal of Technology and Innovation Call for 2008 Nominations
Document Number: 08-251
Type: Notice
Date: 2008-01-24
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The Department of Commerce (United States Patent and Trademark Office) is accepting nominations for its National Medal of Technology and Innovation (NMTI) program. Since establishment by Congress in 1980, the President of the United States has awarded the National Medal of Technology and Innovation (formerly known as the National Medal of Technology) annually to our Nation's leading innovators. If you know of a candidate who has made an outstanding, lasting contribution to the economy through the promotion of technology or technological manpower, you may obtain a nomination form from: http://www.uspto.gov/nmti. Eligibilty and Criteria: Information on eligibility and nomination criteria is provided on the Nominations Guidelines Form at http:// www.uspto.gov/nmti.
Changes in the Requirement for a Description of the Mark in Trademark Applications
Document Number: E7-21075
Type: Proposed Rule
Date: 2007-10-25
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') proposes to amend the Rules of Practice in Trademark Cases to require a description of the mark in all applications to register a mark not in standard characters.
Submission for OMB Review; Comment Request
Document Number: E7-5137
Type: Notice
Date: 2007-03-21
Agency: United States Patent and Trademark Office, Patent and Trademark Office, Department of Commerce
Changes in the Requirements for Filing Requests for Reconsideration of Final Office Actions in Trademark Cases
Document Number: E7-2519
Type: Proposed Rule
Date: 2007-02-14
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (``USPTO'') proposes to amend 37 CFR 2.64 to require a request for reconsideration of an examining attorney's final refusal or requirement to be filed through the Trademark Electronic Application System (``TEAS'') within three months of the mailing date of the final action.
Changes To Facilitate Electronic Filing of Patent Correspondence
Document Number: E7-906
Type: Rule
Date: 2007-01-23
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is amending the rules of practice to support implementation of the Office's electronic filing system (EFS) for patent correspondence, and in particular, the Web-based electronic filing system (EFS-Web). EFS- Web permits most patent correspondence, that is, most patent applications and other patent related documents, to be submitted in a portable document file (``PDF'') format. The major changes that the Office is adopting are changes to provide patent users with a process for showing that correspondence submitted in an application which has entered national stage under 35 U.S.C. 371 submitted via EFS-Web was actually received by the Office by relying on the acknowledgment receipt, and to treat certain correspondence as received, for timeliness purposes, as of the date submitted by applicant rather than the date received by the Office if the correspondence is filed via EFS- Web.
Changes to Implement Priority Document Exchange Between Intellectual Property Offices
Document Number: E7-113
Type: Rule
Date: 2007-01-16
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) has established a 21st Century Strategic Plan to transform the Office into a more quality-focused, highly productive, responsive organization supporting a market-driven intellectual property system. One goal of the 21st Century Strategic Plan is the electronic exchange of information and documents between intellectual property offices. Consistent with this goal, the Office is revising the rules of practice to provide for the electronic transfer of certified copies of applications for which priority is claimed under the Paris Convention (priority applications) from other intellectual property offices with which the Office has negotiated priority document exchange agreements. The Office is also revising the rules of practice to permit applicants to request that the Office permit other participating intellectual property offices to electronically retrieve certified copies of United States patent applications without payment of a fee. This electronic exchange of copies of priority documents will benefit applicants by reducing the cost of ordering paper certified copies of priority applications for filing in other participating intellectual property offices, and will benefit participating intellectual property offices by reducing the administrative costs associated with handling paper copies of priority documents and scanning them into their electronic image record management systems.
Secrecy and License To Export
Document Number: 07-91
Type: Notice
Date: 2007-01-12
Agency: Department of Commerce, United States Patent and Trademark Office, 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 extension of a currently approved collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
No FEAR Act Notice
Document Number: E6-18609
Type: Notice
Date: 2006-11-03
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office is providing notice to its employees, former employees, and applicants for employment of rights and remedies available under the Federal antidiscrimination and whistleblower protection laws as required by the Notification and Federal Employees Antidiscrimination and Retaliation Act of 2002 (No FEAR Act), and the regulations of the Office of Personnel Management found at 5 CFR part 724.
Changes To Eliminate the Disclosure Document Program
Document Number: E6-18606
Type: Rule
Date: 2006-11-03
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) implemented the Disclosure Document Program in 1969 in order to provide an alternative form of evidence of conception of an invention to, for example, a ``self-addressed envelope'' containing a disclosure of an invention. It appears, however, that few, if any, inventors obtain any actual benefit from a disclosure document, and some inventors who use the Disclosure Document Program erroneously believe that they are actually filing an application for a patent. In addition, a provisional application for patent affords better benefits and protection to inventors than a disclosure document and could be used for the same purposes as a disclosure document if necessary. Therefore, the Office is eliminating the Disclosure Document Program.
Submission for OMB Review; Comment Request
Document Number: E6-5721
Type: Notice
Date: 2006-04-18
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Changes to Eliminate the Disclosure Document Program
Document Number: E6-4833
Type: Proposed Rule
Date: 2006-04-06
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) implemented the Disclosure Document Program in 1969 in order to provide an alternative form of evidence of conception of an invention to, for example, a ``self-addressed envelope'' containing a disclosure of an invention. It appears, however, that few, if any, inventors obtain any actual benefit from a disclosure document, and some inventors who use the Disclosure Document Program believe that they are actually filing an application for a patent. In addition, a provisional application for patent affords better benefits and protection to inventors than a disclosure document. Therefore, the Office is proposing to eliminate the Disclosure Document Program. Comment Deadline Date: To be ensured of consideration, written comments must be received on or before May 8, 2006. No public hearing will be held.
Changes To Implement the Patent Search Fee Refund Provisions of the Consolidated Appropriations Act, 2005
Document Number: 05-12198
Type: Proposed Rule
Date: 2005-06-21
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the patent application filing fee into a separate filing fee, search fee and examination fee. The Consolidated Appropriations Act also provides that the United States Patent and Trademark Office (Office) may refund part or all of the excess claim fee and the search fee in certain situations. This notice proposes changes to the rules of practice to implement the provisions for refunding the search fee for applicants who file a written declaration of express abandonment before an examination has been made of the application.
Changes to the Practice for Handling Patent Applications Filed Without the Appropriate Fees
Document Number: 05-10585
Type: Rule
Date: 2005-05-26
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the former patent application basic filing fee into a separate basic filing (or basic national) fee, search fee and examination fee, and requires an additional fee (application size fee) for applications whose specification and drawings exceed 100 sheets of paper, during fiscal years 2005 and 2006. The United States Patent and Trademark Office is changing its practice for handling patent applications filed without the appropriate basic filing (or basic national) fee, search fee and examination fee.
Correspondence With the United States Patent and Trademark Office
Document Number: 05-3744
Type: Rule
Date: 2005-03-04
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
The United States Patent and Trademark Office (Office) is in the process of completing its move to Alexandria, Virginia. The Office is revising the rules of practice to update the locations and telephone numbers specified in the rules in light of the move to Alexandria, Virginia.
Changes to the Practice for Handling Patent Applications Filed Without the Appropriate Fees
Document Number: 05-3743
Type: Proposed Rule
Date: 2005-02-28
Agency: Department of Commerce, United States Patent and Trademark Office, Patent and Trademark Office
Among other changes to patent and trademark fees, the Consolidated Appropriations Act, 2005 (Consolidated Appropriations Act), splits the patent application filing fee into a separate filing fee, search fee and examination fee, and requires an additional fee (application size fee) for applications whose specification and drawings exceed 100 sheets of paper, during fiscal years 2005 and 2006. The United States Patent and Trademark Office is in this notice proposing changes in the Office's practice for handling patent applications filed without the appropriate filing, search, and examination fees. The Office has implemented the changes to the patent fees provided in the Consolidated Appropriations Act in a separate rulemaking.