AIA Blog
USPTO Publishes Final Rule to Implement Micro Entity Provision in Federal Register
From Janet Gongola, Patent Reform Coordinator:
On Wednesday, December 19, 2012, the agency published final rules in the Federal Register to implement the micro entity provision of the America Invents Act. The final rules set forth the procedures for an applicant to claim micro entity status and to pay reduced patents fees as a micro entity. The final rules also cover procedures for an applicant to notify the Office of the loss of micro entity status and to correct payments of patent fees erroneously paid in the micro entity amount. The final rules will be effective on March 19, 2013. Here is a link to the micro entity final rules in the Federal Register:
An applicant who qualifies as a micro entity under the procedures outlined in the final rules will be eligible to pay reduced patent fees once the Office completes its fee setting rulemaking. The fee setting rulemaking is currently ongoing and is projected to be complete in the Spring 2013.Micro Entity Final Rule (77 Fed. Reg. 75019, December 19, 2012)
Posted at 10:18AM Dec 19, 2012 in Studies and Reports |
USPTO to Host Roundtable on Genetic Diagnostic Testing
From Janet Gongola, Patent Reform Coordinator:
The USPTO is hosting a public roundtable in connection with the Genetic Testing Study on Thursday, January 10, 2013, from 1:00 to 4:00 pm Eastern Daylight Time in the Madison Auditorium at its Alexandria campus. The public is invited to participate and share remarks. The roundtable will be webcast; details for web access are forthcoming.
Section 27 of the AIA requires the USPTO to study and make recommendations regarding effective ways to provide independent, confirming genetic diagnostic test activity where gene patents and exclusive licensing for primary genetic diagnostic tests exist. In completing this study, the agency reviewed the academic and scientific literature, held two public hearings, and received twenty-seven sets of written comments. The agency determined that further discussion and analysis was needed before the agency could submit a report to Congress after reviewing the collected information, given the complexity and diversity of opinions, comments, and suggestions provided by interested parties and the important policy considerations involved. Consequently, this roundtable is designed to enable the agency to obtain additional information and fulfill its report obligations to Congress.
Additional details about the genetic testing roundtable and requirements to share commentary are available here:
77 Fed. Reg. 71170, November 29, 2012
Posted at 11:03AM Nov 29, 2012 in Studies and Reports |
Status Update on the Genetic Testing Study
From: Janet Gongola, Patent Reform Coordinator
Under Section 27 of the America Invents Act, the USPTO is required to study effective ways to provide independent, confirming genetic diagnostic test activity where gene patents and exclusive licensing for primary genetic diagnostic tests exist. To complete this study, the agency held two hearings and received a number of written comments from the public. As of Friday, June 15, 2012, the USPTO is in the process of finalizing its Genetic Testing report through an intra-agency clearance process. Because of this, the agency has alerted Congress that it will not be able to deliver the report on June 16, 2012, the due date required by the AIA. The agency will deliver its report as soon as possible once this process is complete.
Posted at 12:00AM Jun 16, 2012 in Studies and Reports |
USPTO Issues Reports for the Prior User Rights Defense and the International Patent Protection for Small Business Studies
From: Director David Kappos
I am happy to share that the USPTO delivered to Congress reports for the Prior User Rights Defense Study and the International Patent Protection for Small Business Study on January 13, 2012. The agency prepared these reports in collaboration with the Department of State, Department of Justice, United States Trade Representative, and Small Business Administration, respectively. They were due to Congress per the terms of the America Invents Act on January 14th and 16th. Our reports are available through the links below:
[Read More]Posted at 12:00AM Jan 17, 2012 in Studies and Reports |
Status Update on Prior User Rights and International Patent Protection Studies
From: Janet Gongola, Patent Reform Coordinator
The agency is in the process of preparing reports for Congress for the Prior User Rights and International Patent Protection Studies. Thank you all for participating in these studies by attending and/or giving testimony at our respective public hearings as well as by submitting written comments to the agency. Your input is invaluable to our ability to address the issues that Congress posed to us and prepare comprehensive reports.
For the Prior User Rights Study, we held our public hearing on October 25, 2011, at the USPTO, and six witnesses gave testimony. Additionally, we have received 33 written comments during our comment period, which closed on November 8, 2011. You can view a webcast of the hearing and read all of the written comments here on our micro-site on the Studies page.
[Read More]Posted at 12:00AM Nov 25, 2011 in Studies and Reports |
Overview of International Patent Protection for Small Business Study
From: Dr. Stuart Graham, USPTO Chief Economist and International Patent Protection Study Leader
American businesses are known around the world for ingenuity and innovation. Many of the technologies that define our modern world – the smart phones we use to communicate, the cardiac stents that prolong lives, and the genetic tests that uncover diseases – were developed by American companies. We invent new products, new industries, and new ways of doing business.
[Read More]Posted at 12:00AM Oct 19, 2011 in Studies and Reports |
Overview of Prior User Rights Study
From: Mary Critharis, Senior Level Patent Attorney and Prior User Rights Study Leader
The recently-enacted Leahy Smith America Invents Act introduces a number of fundamental changes to US patent law. In addition to changing the US system from first-to-invent to first-inventor-to-file, the new law also expands the scope of the existing prior user rights regime set forth in 35 U.S.C. 273 to apply to all inventions, not merely those related to methods of doing business. While this approach to prior user rights is similar to that applied in many countries throughout the world, it represents a new concept in US law. In light of this change, Congress has mandated the USPTO to undertake a study and report on prior user rights by January 16, 2012. Congress has identified, in particular, the following issues for study:
[Read More]Posted at 12:00AM Oct 14, 2011 in Studies and Reports |
