Washington - The United States Patent and Trademark Office (USPTO) is proposing rules of practice in patent cases to implement the supplemental examination provisions of the America Invents Act. The USPTO is also proposing to adjust the fee for filing a request for ex parte reexamination and to set a fee for petitions filed in ex parte and inter partes reexamination proceedings to more accurately reflect the cost of these processes. The USPTO published these proposed rules in the Federal Register today.
"The supplemental examination provisions will permit a patent owner to request supplemental examination of a patent by the USPTO to consider, reconsider, or correct information believed to be relevant to the patent," said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. "These provisions could assist the patent owner in addressing certain challenges to the enforceability of the patent during litigation."
Publication of the proposed rules for supplemental examination and reexamination fees in the Federal Register begins a sixty-day public comment period during which time the public may provide written input to the agency about the proposals. Further information about the proposed rules for supplemental examination and reexamination fees may be found in the Federal Register Notice available at www.uspto.gov/aia_implementation/77fr3666.pdf.
For non-press inquiries, contact Cynthia L. Nessler, Senior Legal Advisor, (571) 272-7724, Office of Patent Legal Administration, Office of the Associate Commissioner for Patent Examination Policy.
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