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Monday Jul 30, 2012

USPTO to Publish Final Rules for the Statute of Limitations Provision for Office Disciplinary Actions

From Janet Gongola, Patent Reform Coordinator:

The USPTO announces that tomorrow, July 31, 2012, it will publish final rules in the Federal Register related to the statute of limitations provision for Office disciplinary actions.  These final rules are available today, July 30, 2012, in the Federal Register Reading Room.  The statute of limitations final rules for Office disciplinary actions also are available here:

Implementation of Statute of Limitations Provisions for Office Disciplinary Proceedings

The AIA requires that disciplinary proceedings be commenced not later than the earlier of: (i) ten years after the date on which the misconduct occurred; or (ii) one year from the date on which the misconduct was made known to the USPTO.  Regarding (ii), the final rule specifies the timing for commencing the one-year time period is the date on which the Director of the Office of Enrollment and Discipline receives a grievance forming the basis of the complaint. 

In the next few days, the USPTO will be publishing more final rules for provisions that become effective on September 16, 2012, such as the inventor's oath/declaration, supplemental examination, citation of a patent owner statement in a patent file, inter partes review, post grant review, and covered business method review provisions.  Stayed tuned here for these additional AIA developments.

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