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Monday Apr 23, 2012

Analysis of Comments Filed in Response to Patent Related and Administrative Trial Notices of Proposed Rulemaking

From: Janet Gongola, Patent Reform Coordinator

Thank you to everyone who submitted comments in response to the various recently released Notices of Proposed (NPRMs) for new patent related provisions and administrative trials during the 60-day public comment periods.  The NPRMs covered inventor’s oath/declaration, preissuance submissions, third party citation of a patent owner statement, supplemental examination, the OED statute of limitations, post grant review, inter partes review, covered business method review, the definition of technological invention, derivation, the umbrella rules for the new administrative trials, and the trial practice guide. In total, we received 374 comments from a range of commenters including IP bar organizations, law firms, and individuals.  To follow is a more detailed breakdown on these public comments.

In the patent area, we received 123 comments submitted for five different AIA provisions as shown in the table below along with the distribution of commenters in the pie chart.  An average of 26 comments was submitted per provision.   Also, as shown in the pie chart, the majority of comments were filed by individuals trailed by comments from IP organizations. 

AIA Provision Comment Period
End
Comments Received
 Preissuance Submissions  March 5, 2012 36

 Citation of Patent Owner Statement in a Patent File

 March 5, 2012 17
 OED Statute of Limitations  March 5, 2012 5
 Inventor's Oath/Declaration  March 6, 2012 30
 Supplemental Examination  March 25, 2012 35
 Total  --- 123

Comments on Patent Rulemaking pie chart with the following data: IP Organizations 33; Law Firms 12; Academic and Research institutions 1; Companies 22; Individuals 55; Total comments received 123.

In the administrative trial area, we received 251 comments as featured  in the table below along with a distribution of commenters in the pie chart.   An average of 42 comments was filed per provision, excluding those for the proposed umbrella rules and trial practice guide.  And the majority of those comments came from companies followed closely by individuals, as shown in the pie chart.

AIA Provision Comment Period
End
Comments Received
 Inter Partes Review April 10, 2012 49

Post-grant Review

April 10, 2012 48
Derivation April 10, 2012 19
Covered Business Method Review April 10, 2012 19
Technological Invention Definition April 10, 2012 28
Umbrella Rules April 9, 2012 66
Trial Practice Guide April 9, 2012
Total --- 251

Comments on Board Rulemaking pie chart with the following data: IP Organizations 58; Law Firms 35; Academic and Research institutions 2; Companies 85; Individuals 71; Total comments received 251.

The agency has been, and will continue to, review each of the submitted comments to identify aspects of our proposed rules that the public supports, aspects for change, and suggested modifications.  The agency will respond to the comments in the aggregate in the Notices of Final Rules to issue by August 16, 2012.   Publication of the final rules for these provisions by August 16, 2012, will give a 30-day period before the rules must be in effect during which time the agency will teach examiners and the public what the final rule require and how to abide by them.  As the agency develops the final rules, it is positioned to build a 21st century patent office because of the valuable input the public has given to us.

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