Category: Patent Office Rules & Procedures

By Donald Zuhn — The U.S. Patent and Trademark Office published a notice published in today's Federal Register (77 Fed. Reg. 28541) seeking comments regarding an international effort to revise the standard for Sequence Listing submissions.  The new standard — proposed WIPO ST.26 — would require that Sequence Listings be submitted in extensible mark-up language…

By Donald Zuhn — The U.S. Patent and Trademark Office announced today that it is implementing a pilot program to allow applicants to have an Information Disclosure Statement (IDS) considered after the issue fee has been paid and without having to file a Request for Continued Examination (RCE).  The new Quick Path Information Disclosure Statement…

By Donald Zuhn — On April 20th, the U.S. Patent and Trademark Office published a notice in the Federal Register (77 Fed. Reg. 23662) requesting comments as to whether the U.S. should bar certain patent applications from publication and issuance as "detrimental to the nation's economic security."  The notice also seeks comments regarding changes to…

    By David Boundy — The Patent Office recently requested comment on the paperwork that applicants submit during post-filing, pre-allowance patent prosecution (Patent Processing (Updating), 77 Fed. Reg. 16813, Mar. 22, 2012).  This is a highly significant opportunity to seek reform of problematic PTO regulations, one that only comes once every three years.  This comment period…

By Donald Zuhn — PPH Program between USPTO and HIPO Becomes Permanent On Thursday, the U.S. Patent and Trademark Office announced that the USPTO and the Hungarian Intellectual Property Office (HIPO) had signed a Memorandum of Understanding making the Patent Prosecution Highway (PPH) program between the offices permanent.  The program permits an applicant having an…

By Donald Zuhn — On Monday, the U.S. Patent and Trademark Office announced that it will be implementing a new After Final Consideration Pilot (AFCP) program, which will allow applicants and examiners to work together in after final situations to move applications toward allowance.  In particular, the AFCP program provides examiners with a limited amount…

By Donald Zuhn — PPH Pilot Program between USPTO and IMPI Extended On March 7th, the U.S. Patent and Trademark Office announced that the Office would be extending its Patent Prosecution Highway (PPH) pilot program with the Mexican Institute of Industrial Property (IMPI).  The pilot program, which commended on March 1, 2011 (see "USPTO News…

By Donald Zuhn — The U.S. Patent and Trademark Office recently posted public comments it received regarding the table of patent fee changes the Office proposed in early February.  The comments, submitted by the American Bar Association (ABA) Section of Intellectual Property Law, American Intellectual Property Law Association (AIPLA), Association of American Universities (AAU), Japan…

By Kevin E. Noonan — In what was an object of great controversy, the Leahy-Smith America Invents Act grants the Director of the U.S. Patent and Trademark Office the authority to "set or adjust by rule any fee established, authorized, or charged under title 35, United States Code, or the Trademark Act of 1946 (15…