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Friday Oct 28, 2011

Public Comments Urged for Group 2 Proposed Rule Makings by November 15, 2011

From: Janet Gongola, Patent Reform Coordinator

The USPTO is progressing in its internal development of the provisions of the AIA that become effective 12 months from the date of enactment on September 16, 2012 (a.k.a., Group 2 rulemakings).  In particular, we are deciding on the architecture for the Group 2 provisions now and are drafting proposed rules.   The table below shows the number and subject matter of our immediate rule makings. 

We want you to be part of our Group 2 rule making process by submitting comments and helping us design rules that will work for your 21st century patent office.  Your input for the listed provisions is needed no later than November 15, 2011, and preferably by November 6, 2011.  We must begin the governmental clearance process for the proposed rules on November 15, 2011, to publish our Notices of Proposed Rulemaking in mid-January of 2012 and have final rules in place by September 16, 2012.  Also, input may be in the form, for example, of draft rules, issues for our consideration, or problematic hypotheticals. 

Thanks to all who have submitted comments so far.  We look forward to receiving more comments from you for the design of our proposed Group 2 rules no later than November 15, 2011, and preferably by November 6, 2011.

Group 2 Rulemakings
  Subject of Rule Making Section of the AIA
1   Inventor’s oath / declaration 4
2   Third party submission of prior art for a patent application 8
3   Supplemental examination 12
4   Citation of prior art in a patent file 6
5   Umbrella set of rules for contested case procedure N/A
6   Inter partes review 6
7   Post grant review 6
8   Transitional program for covered business methods 18
9   Definition of technological invention 18
10   Derivation proceeding 3

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