Category: Patent Office Rules & Procedures

    By Donald Zuhn — Last week, the United States Patent and Trademark Office (USPTO) published a Notice in the Federal Registrar requesting public comment on international patent law harmonization efforts.  In particular, the USPTO is seeking comments on the following ten topics: (1)  The "first-to-invent" rule used for determining the right to a…

    By Jason Derry & Christopher P. Singer — After one year of service, it’s pretty safe to say that the U.S. Patent Office got it right with the EFS-Web electronic patent filing system.  No more waiting to get that postcard back to ensure your filing date.  No more midnight runs to the 24-hour…

    By Christopher P. Singer — The USPTO released this pre-OG notice regarding its electronic priority document exchange program (PDX) implemented in conjunction with the European Patent Office (EPO).  This program is intended to benefit applicants that have filed an application with the U.S. or European Patent Offices (a "priority document"), and subsequently wish…

    By Kevin E. Noonan — As has been reported elsewhere (see Patently O: "Rumors Continuations & Claims"), the U.S. Patent and Trademark Office appears to be ready to issue "final rules" on changing continuation application practice, said PTO’s Commissioner of Patents John Doll today at a meeting of the District of Columbia Bar…

    By Christopher P. Singer — As previously reported on Patent Docs, the PCT has amended portions of its Regulations, effective on April 1, 2007.  Most notably, the amendments provide: (a) a way for an applicant to request that the right to claim priority be restored in applications that meet specific requirements; (b) a…

    By Christopher P. Singer — The USPTO published a pre-OG notice regarding its new position on restriction practice in pending applications that relate to nucleic acid sequences.  Prior to this notice, the PTO had been officially operating under the direction of an Official Gazette notice dated November 19, 1996.  The old notice allowed…

    By Christopher P. Singer A notice in the Federal Register published on Friday, February 16, 2007 announced certain rule changes to the Patent Cooperation Treaty (PCT) that will take effect on April 1, 2007.  The changes will (a) restore an Applicant’s right to make a priority claim under certain circumstances, and (b) allow…

    By Christopher P. Singer — In a January 30, 2007 notice, the U.S. Patent and Trademark Office announced revised procedures relating to what patent applicants and practitioners must do in response to the dreaded Notice of Omitted Items.  This Notice is what every practitioner fears, as it reflects a determination by the Office…

    By Christopher P. Singer — The U.S. Patent and Trademark Office today (January 30, 2007) presented a webinar that detailed certain issues relating to document indexing and descriptions of filings submitted with the USPTO via EFS-Web.  The seminar provided helpful explanations and tips regarding how to describe submissions properly so that they are…