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Patents Alerts Archive 2008

December 2008

December 2, 2008 

- Korean Intellectual Property Office (KIPO) Joins Priority Document Exchange Program
- Preventing Digital Certificates from Expiring
- Did you know? : EFS–Web and Adobe 9.0

Korean Intellectual Property Office (KIPO) Joins Priority Document Exchange Program

The USPTO announced the addition of the Korean Intellectual Property Office (KIPO) as a Participating Office in the Priority Document Exchange (PDX) program on October 14, 2008. Through the PDX program, the USPTO and KIPO have the ability to exchange priority documents electronically at no cost to the applicant. To grant the USPTO authority to provide the KIPO access to an unpublished U.S. application, e–Filers can either check the box labeled “Authorization To Permit Access To Application by Participating Offices” on Form PTO/SB/01 or attach Form PTO/SB/39 to their submission.

To learn more about KIPO’s involvement with PDX, please visit: http://www.uspto.gov/patents/process/file/pdx_index.jsp or e-mail your questions to PDX@uspto.gov.

e-Commerce Updates

Preventing Digital Certificates from Expiring

Digital certificates can expire if the proper steps aren't taken to maintain them. Below are steps you can take to ensure you always have access to USPTO's e-Commerce systems.

  1. Within 120 days of receipt, use the authorization code and reference number received from the Electronic Business Center (EBC) to create and download your digital certificate. After 120 days, the authorization code and reference number will expire and require replacement.
  2. Immediately after downloading your digital certificate, go to https://sas.uspto.gov/ptosas/ to create your digital certificate self-recovery codes. Save these codes in a secure location. These codes allow you to immediately recover your certificate should any problem occur. Remember, without creating self-recovery codes, recovery by the EBC is your only option and will take several business days.
  3. Active digital certificates are automatically renewed for indefinite access. This renewal occurs automatically while you are using your certificate. Therefore, it is important to use your certificate regularly, at least every 90 days.
  4. If you have copied your digital certificate on multiple computers, be sure to document the locations of each copy. After automatic renewal, only the copy in use at that time of renewal will be valid; all other copies must be updated separately. If you experience problems with your certificate, try the following steps before contacting the EBC: review the modification dates of all certificate copies; determine the most current copy; and then simply replace all outdated copies with the most recent certificate.

Did you know?

EFS–Web filers can use the latest version of Adobe® Reader®, version 9.0, to complete EFS–Web fillable PDF forms. Submitting a Form-Fillable PDF via EFS–Web provides auto–loading of data directly into USPTO databases. In addition, realtime auto–processing is available for the following e–Petitions:

  • SB66 Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c))
  • SB130 Petition to Make Special based on Age.

EFS–Web fillable PDF forms remain compatible with previous Adobe® Reader® versions 7.0.8, 7.0.9, 8.1.1, and 8.1.2. Download Reader 9.0 from the Adobe® Web site: http://www.adobe.com/products/acrobat/readstep2. html.

 

 

August 2008

 

August 29, 2008

- USPTO Seeks Practitioners To Test OnLine Continuing Education System
- The CEP System
- Pilot Testing of the CEP System
- What is the Expected Timing of the Pilot CEP Course
- Whom Should I Contact if I have Questions or Want to Volunteer

This e-Alert contains detailed information on the following important subjects regarding USPTO e-Commerce:

USPTO SEEKS PRACTITIONERS TO TEST ONLINE CONTINUING EDUCATION SYSTEM

The USPTO is developing a Continuing Education for Practitioners (“CEP”) system for on-line delivery of educational materials for patent practitioners. The USPTO is seeking help in piloting the on-line system. The CEP system is built on the recognition that a smoothly operating patent system requires skilled USPTO personnel working hand-in-hand with patent practitioners. The goal is to increase efficiency, reduce pendency, and improve quality in the patent process. Additional information concerning the CEP system and the pilot test is provided below.

The CEP System

The CEP program would present brief educational materials concerning recent USPTO rule changes, revised patent examination guidelines, or the like. The practitioner would respond to one or more verification questions or prompts after reviewing the educational materials. The verification questions will be drawn directly from the training material and the practitioner will have ready access to the educational material while responding to the questions. In other words, the verification questions are designed to verify the practitioner has reviewed the materials; they are not a test of knowledge or skills.

The total time spent reviewing the educational materials and responding to verification questions should be approximately one hour. Practitioners would be required to complete one CEP program per year. As envisioned, the system would automatically notify practitioners of the training requirements, send appropriate reminder notices, and track completion. No fee will be charged to access the training materials; a fee would accrue only for failing to timely complete the training.

Pilot Testing of the CEP System

The USPTO is set to begin a pilot test of an on-line learning management system (“LMS”) designed to deliver educational materials to CEP participants. Up to 1000 registered practitioners are sought to help evaluate the LMS and provide feedback concerning the system's ease of use and the usefulness of the educational materials. All pilot participants will be volunteers. The pilot test will not affect the registration status of any practitioner on the official roster of patent attorneys and agents.

Each pilot participant will receive a notice informing him/her of a CEP course requirement and identifying a CEP information website. The initial notice will specify the pilot CEP course deadline. Separate notices will provide a username and password. Pilot participants can then sign on using the assigned username and password. A link to the educational materials is provided once the registered practitioner is signed on. As noted previously, a practitioner should be able to complete the pilot CEP course in approximately one hour. In addition to completing the pilot CEP course, pilot volunteers would be asked to provide feedback as to the CEP system’s ease-of-use and the substantive value of the educational materials. Pilot participants will be required to complete only one course; however additional courses will be available for review. Participants in the pilot program will be deemed to have satisfied the first year requirement for CEP at such time as the USPTO ma kes CEP a requirement.

What is the Expected Timing of the Pilot CEP Course?

The pilot CEP course is expected to launch in early September 2008. The initial pilot CEP course deadline should be approximately three weeks after the initial launch, and the extended training deadline will be one week after the initial CEP course deadline. Due to the shortened time frame, pilot volunteers will receive all notices and reminders by e-mail.

Whom Should I Contact if I have Questions or Want to Volunteer?

You may submit questions or volunteer to participate in the pilot program by sending an e-mail to OEDonline@uspto.gov. The e-mail should include the name, registration number, telephone number, and e-mail address for the volunteer. Telephone inquiries concerning the pilot test may be directed to Bill Griffin (571-272-4097) in the Office of Enrollment and Discipline.

 

 

July 2008

 

July 31, 2008 

- Successful Inventors-Entrepreneurs to Headline USPTO Independent Inventors Conference
- USPTO to Release New EFS-Web 1.4 Enhancements
- Bookmark This!: e-Commerce e-Alert Archive

Successful Inventors-Entrepreneurs to Headline USPTO Independent Inventors Conference August 8-9

The 13th Annual Independent Inventors Conference will be held on the campus of the United States Patent and Trademark Office (USPTO) in Alexandria, Virginia on August 8-9, 2008. A pre-conference workshop, for anyone interested in learning about the basics of patents and the importance of intellectual property protection, will be held on August 7 from 5 to 7 pm. This workshop is for beginners and is a good foundation for the conference and is included in the $100 registration fee.

Top officials of the USPTO, including Deputy Under Secretary of Commerce Margaret Peterlin and Commissioner for Patents John Doll will be presenters at the conference. Also appearing this year will be Louis Foreman, creator and executive producer of the Emmy award winning PBS series, Everyday Edisons. Thom Ruhe, Director of Entrepreneurship for Kauffman Foundation; Julia Rhodes, a successful inventor and President of Kleen Slate Concepts; and George Peters, President of Lancer 1, INC and inventor of a safety applicator glove system have been added to the roster of speakers at this year’s Independent Inventors Conference. They bring a wealth of experience and expertise that is sure to benefit all attendees of the conference. The Conference will be held on the USPTO campus in Alexandria, VA.

The registration fee includes all sessions and presentations, morning and afternoon refreshments, lunch on both days and a networking reception on Friday night. For additional information about the conference, please call 571-272-8850.

To register for the 13th Annual Independent Inventors, please visit: http://www.uspto.gov/web/offices/com/iip/iiconf/registration.html.

The Independent Inventors Conference is co-sponsored by the USPTO and the National Inventors Hall of Fame Foundation.

e-Commerce Updates

USPTO to Release New EFS-Web 1.4 Enhancements

EFS-Web 1.4 is scheduled to be released on August 17, 2008. All users will be able to launch their e-mail programs through EFS-Web to send information about Acknowledgement Receipts and Pre-Acknowledgement Receipts. With this enhancement, registered e-Filers will be able to view newly prepared patent applications if saved in submission packages that are associated with their Customer Numbers. Registered e-Filers will also be able to launch e-filed applications in Private PAIR with a click of the PAIR button on the Last 40 Acknowledgement Receipts screen.

For a complete list of the EFS-Web 1.4 enhancements, please visit: http://www.uspto.gov/ebc/portal/enhance14.htm.

Bookmark This!

e-Commerce e-Alert Archive

You can access past editions of USPTO’s e-Commerce e-Alerts by visiting: http://www.uspto.gov/ebc/portal/ealert. e-Alerts provide the most up-to-date information on the USPTO’s e-Commerce programs.

 

 

July 17, 2008 - Summary of Feedback on Public PAIR Data Access

On April 30, 2008 the USPTO hosted a public webcast that described efforts to ensure access to patent information via the Public Patent Application Information Retrieval (PAIR) system. As part of this webcast, Commissioner for Patents John Doll and Deputy Chief Information Officer Deborah Diaz explained the implementation of the CAPTCHA tool that requires manual entry of a two-word verification code, thus providing access to Public PAIR for human users but preventing abuse by automated scripts. Commissioner Doll and Deputy CIO Diaz also invited public questions and feedback regarding data gathering requirements, and requested mention of specific details regarding the type of PAIR data needed and how often it is accessed.

Public questions and feedback were accepted from April 30 through June 1, 2008. In all, USPTO collected 37 responses*, representing inventors/agents, individual researchers, law firms, corporate patent holders, and commercial data providers/vendors.

Of those who identified specific data needs, nearly 80 percent indicated a requirement for access to all data currently available through Public PAIR. A significant number expressed an interest in registering as authorized users in order to gain unrestricted access to the public data. Most responses indicated a need to access the data frequently, ranging from daily to weekly, or monthly. There is also a clear interest in being able to receive automatic notification of status changes or other updates, and some interest in receiving packaged deliveries of data (for example, via DVD or ZIP file).

Many respondents indicated that their work was impeded without volume access to PAIR data, and at least two reported that they were unable to retrieve data at all under the current access restriction.

The USPTO has reviewed all public feedback and is continuing to analyze available resources and alternatives. There are no immediate plans to remove the CAPTCHA restriction. However, we are evaluating a solution that will ease the restriction and permit limited automated access. The USPTO is committed to providing access to public data, and recognizes the urgency in implementing support for both interactive and automated access to Public PAIR.

The USPTO will keep you informed and involved as we continually work to improve access to public patent information contained in the PAIR system.

To learn more about the PAIR Usage Policy, please visit the Patent Electronic Business Center's Web site at: http://www.uspto.gov/ebc/index.html.

For the latest announcements concerning the CAPTCHA tool on Public PAIR, please visit http://www.uspto.gov/ebc/portal/publicpairupdates.html.

 *Note: Some responses were submitted as an aggregation from multiple sources

 

June 2008

June 26, 2008

- USPTO to Release Private PAIR and Public PAIR Enhancements
- Indexing Patent Prosecution Highway (PPH) Request Documents
- Priority Document Exchange (PDX): Accessing Design Applications

USPTO to Release Private and Public PAIR Enhancements

Based on feedback from the intellectual property community, the United States Patent and Trademark Office (USPTO) is pleased to announce enhancements to its Private PAIR and Public PAIR systems. Private PAIR 7.3/7.4 and Public PAIR 3.1 are scheduled to be released July 4, 2008. This release includes enhancements to the e-Office Action Pilot Program. The e-Office Action e-mail notification will now list the IFW document code and mailroom date, in addition to the application number and Attorney Docket Number.

For more information on the Private PAIR and Public PAIR enhancements, please visit: http://www.uspto.gov/ebc/portal/announce_pair.htm.

e-Office Action Registration

In order to benefit from the e-Office Action Pilot Program enhancements, one must be a registered participant in the program. One can register for the e-Office Action Pilot Program by e-mailing your request to participate and Customer Numbers to the PAIR team at ebc@uspto.gov. As an alternative to receiving new outgoing correspondence related to a patent application in paper via postal mail, pilot participants in the e-Office Action program receive an e-mail notifying them to directly access outgoing documents in Private PAIR.

e-Commerce Updates

Indexing Patent Prosecution Highway Request Documents

When submitting a Patent Prosecution Highway (PPH) Request, all documents (except preliminary amendments and information disclosure statements (IDSs) including foreign patent documents and non-patent literature) related to Patent Prosecution Highway should be indexed as "Petition to Make Special under Patent Pros Hwy." Unlike other filings, documents should not be separated. IDSs including foreign patent documents and non-patent literature should be indexed as “Information Disclosure Statement Filed,” “Foreign Reference,” and “NPL Documents,” respectively. Preliminary amendments should be indexed as “Preliminary Amendment.”

For more information about PPH, visit: http://www.uspto.gov/main/patents.htm.

Did you know?

Priority Document Exchange (PDX): Accessing Design Applications

The Priority Document Exchange (PDX) program does not include design patent applications. Japanese and European design applications are located in electronic systems separate from the utility applications, which are accessible via PDX.

 

 

June 16, 2008 - Notice of Town Hall Meeting on the Protection of Industrial Designs

A town hall meeting on the protection of industrial designs will be held June 16, 2008, at the United States Patent and Trademark Office (USPTO)in Alexandria, Virginia.
In the United States, design patents can protect the ornamental appearance of articles of manufacture such as automobiles. The automotive industry, for example, invests millions of dollars creating unique and distinctive designs for motor vehicles. Other consumer products from high technology mobile phones to strollers and infant carriers rely heavily upon product design in developing a strong product line. As a result, intellectual property (IP) protection is considered an extremely important tool to ensure companies with a significant investment in design and product development see a return on their investment.
While the automotive industry is interested in strong IP protection for their creative efforts, other industry and consumer groups argue that IP protection of automotive designs may be contrary to the public interest. For example, insurance companies, consumer groups and independent spare parts producers argue that the public interest is best served by eliminating design patent protection of spare parts so as to limit costs associated with the repair of damaged vehicles. Responding to the concerns of the insurance industry, design protection is being examined by lawmakers, and legislation has been introduced that would amend title 35 of the United States Code to create an exception from infringement for certain component parts used to repair another article. The legislation would apply to the repair of vehicles, as well as consumer products such as coffee makers, drill bits for drills and other machine parts.
This event will give the USPTO an opportunity to hear firsthand the concerns of those who have a stake in the intellectual property laws surrounding industrial designs, and follows a visit to Dearborn, Michigan, to hear the perspectives of the automotive industry. The USPTO would like to obtain all perspectives on these issues to assess and evaluate the interests and needs of stakeholders. Accordingly, the town hall meeting is for members of the public, the business community such as the auto industry and insurance companies, independent parts manufacturers, organizations representing business, consumer and other groups, patent attorneys, patent agents, and independent inventors or anyone else interested in protection of industrial designs.
LOCATION OF MEETING: Global Intellectual Property Academy, United States Patent and Trademark Office, Madison East Building, 600 Dulany Street, Alexandria, Virginia.

DATE and TIME of MEETING: The meeting will be held on June 16, 2008, from 1:00 p. m. to 4:00 p.m.

TO ATTEND: Before June 11, 2008, those interested in presenting oral comments should call Corine Gore or Karin Ferriter at (571) 272-9300, or e-mail Karin Ferriter at Karin.Ferriter@uspto.gov, and provide your name, telephone number and organization, if any.
TO SUBMIT WRITTEN COMMENTS: Written comments should be submitted before July 15, 2008. The comments should be mailed to: Mail Stop External Affairs, Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. Written comments may be made available via the USPTO's Internet Web site at http://www.uspto.gov.
FOR FURTHER INFORMATION CONTACT: Karin Ferriter, by telephone at
(571) 272-9300, by mail addressed to: Mail Stop External Affairs, Director of the
United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, or by facsimile to (571) 273-7744.

 

 

June 5, 2008 

- First Action Interview Pilot
- Managing Digital Certificates

 

First Action Interview Pilot

The United States Patent and Trademark Office (USPTO) is hosting a First Action Interview Pilot that provides an opportunity for eligible participants to receive and discuss the results of the examiner’s prior art search before the first Office Action is issued. By increasing communication between patent examiners and applicants, this pilot program will contribute to the USPTO’s goals of improving patent quality and reducing pendency.

An interview under this pilot program would advance prosecution of the application because it would enhance the interactions between the applicant and the examiner, provide the applicant with the opportunity to resolve patentability issues one-on-one with the examiner at the beginning of the prosecution process, and facilitate possible early allowance.

To view the eligibility requirements and to learn more about the First Action Interview Pilot, please visit: http://www.uspto.gov/web/offices/pac/dapp/opla/preognotice/faipp_v2.htm.

Did you know?

Managing Digital Certificates

Digital certificates can expire if the proper steps aren’t taken to maintain them. Below are steps you can take to ensure you always have access to USPTO’s e-Commerce systems.

  1. Within 120 days of receipt, use the authorization code and reference number received from the Electronic Business Center (EBC) to create and download your digital certificate. After 120 days, the authorization code and reference number will expire and require replacement.
  2. Immediately after downloading your digital certificate, go to https://sas.uspto.gov/ptosas/ to create your digital certificate self-recovery codes. Save these codes in a secure location. These codes allow you to immediately recover your certificate should any problem occur. Remember, without creating self-recovery codes, recovery by the EBC is your only option and will take several business days.
  3. Active digital certificates are automatically renewed for indefinite access. This renewal occurs automatically while you are using your certificate. Therefore, it is important to use your certificate regularly, at least every 90 days.
  4. If you have copied your digital certificate on multiple computers, be sure to document the locations of each copy. After automatic renewal, only the copy in use at that time of renewal will be valid; all other copies must be updated separately. If you experience problems with your certificate, try the following steps before contacting the EBC: review the modification dates of all certificate copies; determine the most current copy; and then simply replace all outdated copies with the most recent certificate.

 

 

May 2008

 

May 15, 2008

- EFS-Web Compatibility with Adobe Reader 8.1.2
- Filing a Petition to Make Special Based on Age
- Trilateral Co-operation Exhibit in Hannover
- Public PAIR Data Mining Webcast Posted
- Feedback on Public PAIR Data Mining
- USPTO at PIUG 2008 Annual Conference
- Confirming Payments

EFS-Web Compatibility with Adobe Reader 8.1.2

EFS-Web utilizes standard web-based screens and prompts to enable you to submit portable document format (PDF) documents directly to the USPTO within minutes. A key component of EFS-Web is the use of PDF Form-Fillable documents, which are interactive forms with various field types and formatting options that auto-load field information directly in USPTO's systems. PDF Form-Fillable files are portable; they may be circulated to various people in your office for completion prior to being submitted to the USPTO.

When used in conjunction with EFS-Web, PDF Form-Fillable documents can help the intellectual property community speed the filing and submission process and accelerate the processing of patent applications and documents in USPTO's technology infrastructure for users.

Based on feedback from the intellectual property community, the USPTO is pleased to announce that, effective May 12, 2008, e-Filers may use Adobe Reader 8.1.2 to complete USPTO Form-Fillable PDFs. Adobe Reader versions 7.0.8, 7.0.9, and 8.1.1 will continue to be supported. For more information on fillable forms, please visit: : http://www.uspto.gov/ebc/portal/forms.htm..

e-Commerce Updates

Filing a Petition to Make Special Based on Age

To submit a "Petition to Make Special Based on Age," please use the EFS-Web auto-processed petition or choose the document description "Petition for Review by the Office of Petitions." The document description "Petition to Make Special Under Patent Pros Hwy" should be used for Patent Prosecution Highway requests only.


Trilateral Co-operation Exhibit in Hannover

The United States Patent and Trademark Office (USPTO) joined its Trilateral partners, the Japan Patent Office (JPO) and European Patent Office (EPO), in exhibiting at Hannover Messe on April 21-25, 2008. More than 200,000 people attended the four-day industrial trade fair in Hannover, Germany, allowing the USPTO and its Trilateral partners to educate leaders in research and development on intellectual property protection.

Hannover Messe is just one of three trade fair events attended by the Trilateral Partners each year. The JPO and EPO will be joining the USPTO again May 18-22 at the Patent Information Users Group (PIUG) 2008 Annual Meeting in Arlington, Virginia. In November, the Trilateral partners plan to exhibit at the 2008 Patent Information Fair in Tokyo, Japan.

To learn more about the Trilateral Co-operation, please visit: www.trilateral.net.

Public PAIR Data Mining Webcast Posted

The Public PAIR Data Mining Webcast that took place on April 30, 2008, is available for on-demand viewing at http://www.uspto.gov/ebc/portal/publicpairupdates.html.


Feedback on Public PAIR Data Mining

The USPTO will continue to accept comments on Public PAIR data mining through June 1, 2008. Please send your comments and questions about data mining and the PAIR webcast to PAIR_webcast@uspto.gov. To help us better understand your needs, please include details about the types of PAIR data you need and how often you need to receive it.

Upcoming e-Commerce Events

USPTO at PIUG 2008 Annual Conference

Be sure to visit the USPTO/Trilateral Partners:

. May 18, 2008-May 21, 2008
Patent Information Users Group (PIUG) 2008 Annual Conference
Exhibiting with the Japan Patent Office and the European Patent Office
Arlington, VA
http://www.piug.org/2008/an08meet.php.

Did you know?

Confirming Payments

EFS-Web processes payments immediately, which allows e-Filers to confirm that USPTO received payment by viewing the electronic Acknowledgement Receipt. e-Filers who have established a Financial Profile account may also confirm payments by viewing their payment history. Fee payments submitted by paper or fax may be verified in the Financial Profile account after manual fee processing is completed.

For more information on the Financial Profile System, please visit: http://www.uspto.gov/main/finance_profile.htm.

 

 

April 2008

 

April 29, 2008

- New Financial Profile System Launched
- Public PAIR Data Mining Webcast
- USPTO at PIUG Annual Conference
- Submitting PDFs in EFS-Web

New Financial Profile System Launched

The United States Patent and Trademark Office (USPTO) is excited to introduce the new Financial Profile system that provides customers with secure, fast, and convenient access to payment history information anytime over the USPTO Web site.

The Financial Profile (FP) system helps with reconciling your payment activities by providing detailed transaction information and reports for all fees paid to the USPTO. For more information, please visit: http://www.uspto.gov/main/finance_profile.htm.

e-Commerce Updates

Public PAIR Data Mining Webcast Tomorrow

A Public PAIR Data Mining Webcast will take place on April 30 at 3 p.m. (EST). This short presentation will address recent disruptions in Public PAIR caused by bulk downloading of data by the public, commonly referred to as "data mining."

To register for this free web event, please visit: https://uspto.connectsolutions.com/ppevent/event/registration.html.

To learn more, please visit: http://www.uspto.gov/ebc/portal/publicpairupdates.html.

The USPTO is collecting feedback regarding Public PAIR data mining. Please send your comments and questions about data mining and the PAIR webcast to PAIR_webcast@uspto.gov. To help us better understand your needs, please include details about the types of PAIR data you need and how often you need to receive it.

Upcoming e-Commerce Events

USPTO at PIUG Annual Conference

Be sure to visit the USPTO booth at:

. May 18, 2008-May 21, 2008
Patent Information Users Group (PIUG) Annual Conference
Exhibiting with the Japan Patent Office and the European Patent Office
Arlington, VA
http://www.piug.org/2008/an08meet.php.

Did you know?

Submitting PDFs in EFS-Web

All PDF documents submitted via EFS-Web must have a minimum resolution of 300 DPI and a white background. A lower resolution or a document with a color background may delay processing and publication of your application.

For more information on submitting images in EFS-Web, please visit: http://www.uspto.gov/ebc/portal/efs/tutorials_pdf.htm.

 

 

April 24, 2008 - Reminder: USPTO to Host Webcast on Public PAIR Data Mining

 The United States Patent and Trademark Office (USPTO) will host a webcast on Wednesday, April 30, 2008, at 3:00 p.m. Eastern Time to discuss recent disruptions in the availability of Public PAIR and the USPTO's commitment to public access to patent data. Public PAIR is the publicly accessible portion of the Patent Application Information Retrieval system and has recently experienced service disruptions caused by bulk downloading of data by the public, commonly referred to as "data mining."

Please join Commissioner for Patents John Doll and Deputy Chief Information Officer Deborah Diaz for a discussion of recent system access problems and the security feature implemented.

To register for this free web event, please visit: https://uspto.connectsolutions.com/ppevent/event/registration.html.

To learn more, please visit: http://www.uspto.gov/ebc/portal/publicpairupdates.html.

An e-mail address dedicated to Public PAIR data mining is available to our customers. The USPTO invites you to send your comments and questions to PAIR_webcast@uspto.gov. To help us better understand your needs, please include details about the types of PAIR data you need and how often you need to receive it.

 

 

April 15, 2008 

- USPTO to Host Webcast on Public PAIR Data Mining
- Paying for a Terminal Disclaimer
- e-Office Action Pilot Registration

USPTO to Host Webcast on Public PAIR Data Mining

The United States Patent and Trademark Office (USPTO) will host a webcast on Wednesday, April 30, 2008, at 3:00 p.m. Eastern Time to discuss recent disruptions in the availability of Public PAIR and the USPTO's commitment to public access to patent data. Public PAIR is the publicly accessible portion of the Patent Application Information Retrieval system and has recently experienced service disruptions caused by bulk downloading of data by the public, commonly referred to as "data mining."

Please join Commissioner for Patents John Doll and Chief Information Officer David Freeland for a discussion of recent system access problems and the security feature implemented.

To register for this free web event, please visit: https://uspto.connectsolutions.com/ppevent/event/registration.html

To learn more, please visit: http://www.uspto.gov/ebc/portal/publicpairupdates.html

An e-mail address dedicated to Public PAIR data mining is available to our customers. The USPTO invites you to send your comments and questions to PAIR_webcast@uspto.gov. To help us better understand your needs, please include details about the types of PAIR data you need and how often you need to receive it.

e-Commerce Updates

Paying for a Terminal Disclaimer

When paying for a Terminal Disclaimer via EFS-Web, select fee code 1814, "$130 Statutory disclaimer under Post Allowance & Post Issuance Fees" on the Calculate Fees screen. Please do not select fee code 1808 "$130 Processing Fee, except for Provis. Apps," as this is not the appropriate fee code for paying for a Terminal Disclaimer.

Did you know?

e-Office Action Pilot Registration

As an alternative to receiving new outgoing correspondence related to a patent application in paper via postal mail, pilot participants in the e-Office Action program receive an e-mail notifying them to directly access outgoing documents in Private PAIR. You can register for the e-Office Action pilot by e-mailing your request to participate and Customer Numbers to the PAIR team at ebc@uspto.gov.

If you have any specific questions about EFS-Web, PAIR, PKI, or any other component of our e-Commerce initiative, please contact the EBC Customer Service Center at 1-866-217-9197 (toll-free) or 1-571-272-4100 or send an e-mail to ebc@uspto.gov.

To receive future updates from the USPTO on Patents e-Commerce and other e-Commerce related developments, please use the link below to subscribe: http://uspto.websurveyor.net/mail/register.aspx.

If you do not wish to continue receiving e-mail from the Patents e-Commerce Division, please use the link below to unsubscribe: http://uspto.websurveyor.net/mail/remove.aspx.

 

 

February 2008

 

February 14, 2008

- USPTO to Release New EFS-Web 1.3 Enhancements
- All Editions of the Manual of Patent Examining Procedure Now Available
- EFS-Web Indexing: Provisional Cover Sheet Document Description
- Tips for Submitting Images in EFS

USPTO to Release New EFS-Web 1.3 Enhancements

With the release of EFS-Web 1.3, the United States Patent and Trademark Office (USPTO) continues to update e-Commerce tools based on feedback from the intellectual property community. EFS-Web 1.3 is scheduled to be released during the week of February 17th and includes user-requested features to better accommodate e-Filers. Two of the user-requested enhancements include: a new auto-process petition, which allows users to file a Petition to Make Special based on Age that will be electronically processed, and USPTO form-fillable PDFs that are now compatible with Adobe 8.1.1.

For a complete list of information on the EFS-Web 1.3 enhancements, please visit the below Web pages:
Announcement: http://www.uspto.gov/ebc/portal/enhance13.htm
Training: http://www.uspto.gov/ebc/portal/tutorials.htm
One-pager: http://www.uspto.gov/ebc/portal/tools.htm

e-Commerce Updates

All Editions of the Manual of Patent Examining Procedure Now Available

All prior editions and revisions of the Manual of Patent Examining Procedure (MPEP) are now available in PDF format. Until recently, the original first edition to the sixth edition, revision 1 of the MPEP were only available on microfilm, and users had to either request a paper copy from the USPTO Certification Branch or access the microfilm at the USPTO Public Search Facility. The microfilms have been converted to PDF format and are now available at: http://www.uspto.gov/web/offices/pac/mpep/old/index.htm.

EFS-Web Indexing: Provisional Cover Sheet Document Description

When filing a provisional cover sheet, please choose the document description "Provisional Cover Sheet (SB/16)." Do not select "Transmittal of a New Application." Choosing an incorrect document description will cause delays in processing the application.

Did you know?

Tips for Submitting Images in EFS-Web

PAIR is only capable of displaying portrait orientation and grayscale images. e-Filers should not submit landscape oriented drawings in EFS-Web. PAIR automatically converts the image to portrait and grayscale, which may cause your images to be distorted during viewing. EFS-Web only allows e-Filers to submit color images for Design applications.

 

 

January 2008

 

January 30, 2008

- USPTO and JPO Launch the Patent Prosecution Highway Program
- Digital Certificate Expiration Information
- Public Key Infrastructure Export Administration Regularities

USPTO and JPO Launch the Patent Prosecution Highway Program

The United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) announced the full implementation of the Patent Prosecution Highway (PPH) program on January 4, 2008. The USPTO and JPO sponsored a pilot program which began in July 2006 and ended on January 3, 2008. The results of the pilot program showed that applicants were able to expeditiously obtain a patent in the Office of Second Filing (OSF). An applicant who wishes to request participation in the PPH permanent program, where the JPO is the Office of First Filing (OFF) and the USPTO is the OSF, must e-file a Request/Petition to Make Special (Form PTO/SB/20JP), accompanied by the appropriate documents, via EFS-Web. All claims in each U.S. application for which a request for participation in the PPH program is made must sufficiently correspond to the allowable claims in the application in the OFF.

"By leveraging work done by other offices, the USPTO can make better use of its resources to speed up processing and improve quality," said Jon Dudas, Under Secretary of Commerce for Intellectual Property and Director of the USPTO. "Implementation of the Patent Prosecution Highway is an important first step in building up the office-to-office network of cooperation that will be necessary to make the full vision of work sharing on a global scale a reality."

The PPH program leverages fast-track patent examination in both participating offices to allow applicants in both countries to obtain corresponding patents faster and more efficiently. It also permits each office to benefit from work previously done by the other office, in turn reducing examination workload and improving patent quality.

Last September, the USPTO began a PPH pilot program with the United Kingdom Intellectual Property Office (UK IPO), and launched two additional PPH pilot programs with the Canadian Intellectual Property Office (CIPO) and the Korean Intellectual Property Office (KIPO) on January 28, 2008.

For more information about the program with the USPTO and JPO, please go to: http://www.uspto.gov/web/patents/pph/pph_jpo.html.

If you are interested in learning more about the pilot program with the UK IPO, CIPO, or KIPO, please find the respective links on the USPTO website:

UK IPO: http://www.uspto.gov/web/patents/pph/pph_ukipo.html

CIPO: http://www.uspto.gov/web/patents/pph/pph_cipo.html

KIPO: http://www.uspto.gov/web/patents/pph/pph_kipo.html

If you have questions or comments about the program, please direct them to Magdalen Greenlief via e-mail to magdalen.greenlief@uspto.gov.

e-Commerce Updates

Digital Certificate Expiration Information:
To obtain the most recent information regarding recovery and use of your digital certificate, please see the FAQs posted at the following link: http://www.uspto.gov/ebc/efs_faq.htm.

Did you know?

When a registered user logs into EFS-Web and selects "My Workplace" to retrieve "Saved Submissions" or view the "Last 40 Acknowledgement Receipts," the applicant must make a certification that he or she is not acting in a way that would violate or circumvent the Export Administration Regulations (EAR). This certification is to comply with guidance by the Department of Commerce's Bureau of Industry and Security (BIS). The USPTO Public Key Infrastructure Subscriber Agreement has been modified to reflect the new policy.

About BIS:
BIS is charged with promoting continued U.S. strategic technology leadership and helps to advance national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system. For more information regarding U.S. export controls and its application to technology and software included in patent applications, please visit the BIS website at http://www.bis.doc.gov or contact the BIS Office of Exporter Services at 1-202-482-4811.

For more information about EAR, please visit http://www.uspto.gov/ebc/efs_faq.htm.

 

 

Completing Form PTO/SB/39 for a Successful Electronic Exchange of Priority Documents

Simple steps can be taken to ensure a successful Priority Document Exchange (PDX). In order for the USPTO to release a copy of an unpublished U.S. application to a participating Intellectual Property Office (IPO), an applicant must submit form PTO/SB/39. One the most common mistakes an applicant makes when filling out the form is including a signature that does not comply with the signature requirements of 37 CFR 1.14(c) (see 37 CFR 1.14(h)(2)). The USPTO is unable to process a PTO/SB/39 form that is not signed in accordance with 37 CFR 1.14(c). Please make sure that your PDX submission is fully compliant, and includes a signature by one of the following individuals:

  1. An applicant
  2. An attorney or agent of record
  3. An authorized official of an assignee of record (made of record pursuant to 37 CFR § 3.71)
  4. A registered attorney or agent named in the papers accompanying the application papers filed under 37 CFR § 1.53, or the national stage documents filed under 37 CFR § 1.495, if an executed oath or declaration pursuant to 37 CFR § 1.63 or § 1.497 has not been filed

    Form PTO/SB/39 may be submitted using EFS-Web, faxed to the Central Fax number at 1-571-273-8300, or mailed to:
    Commissioner of Patents
    P.O. Box 1450
    Alexandria, VA 22313-1450

The USPTO began exchanging priority documents electronically at no cost to the applicant with the European Patent Office (EPO) on January 16, 2007, and with the Japan Patent Office (JPO) on July 28, 2007, through secure, electronic connections using the Trilateral Document Access web services.

To ensure successful transmission of your priority document(s) to the EPO or JPO, please submit form PTO/SB/39 as early as possible during the prosecution of your U.S. application.

For additional information regarding PDX, visit http://www.uspto.gov/web/patents/faqs.htm or e-mail: PDX@uspto.gov

or contact:
Patent Electronic Business Center (EBC)
Telephone: 1-866-217-9197 (toll free)

Tamara Graysay, Special Program Examiner, Office of PCT Legal Administration. Telephone: (571) 272-6728

Mark Polutta, Senior Legal Advisor, Office of Patent Legal Administration. Telephone: (571) 272-7709

Hung Vuong, Computer Specialist Telephone: 1-571-272-5727


e-Commerce Updates

EFS-Web 1.2 Training Updates Posted
The EFS-Web Training presentation has been updated to include content from the 1.2 release which occurred in November 2007.


Did you know?

In EFS-Web, if there are any changes to an attached file in a saved submission, the updated file must be uploaded and validated before submitting. If a user does not upload the updated document, EFS-Web will not automatically load the newly attached file into the Image File Wrapper (IFW). This submission error requires manual intervention by USPTO staff and may delay viewing in Private PAIR by up to two weeks.
To view the updated presentation, visit: http://www.uspto.gov/ebc/portal/tutorials.htm.

 

 

January 11, 2008 - The USPTO Has Implemented a Verification System in Public PAIR

The United States Patent and Trademark Office (USPTO) has implemented a two-word verification code to improve data access for Public PAIR users. Public PAIR users are now required to manually enter a two-word verification code into the reCAPTCHA validation screen before accessing Public PAIR data.

The USPTO takes seriously its responsibility to promote the progress of science by providing free access to patent data via Private and Public PAIR. The USPTO implemented a CAPTCHA security response.

CAPTCHA (Completely Automated Turing Test to Tell Computers and Humans Apart) is an industry-accepted security feature to ensure that humans, and not bots, are accessing computer programs. The version of CAPTCHA that the USPTO implemented is named reCAPTCHA (for additional details http://recaptcha.net/), a project of the School of Computer Science at Carnegie Mellon University. The reCAPTCHA deployment was an immediate response to a system outage problem caused by bots. The USPTO continues to explore long-term solutions to address the need for open access to the data by the Intellectual Property community.

The USPTO has not implemented reCAPTCHA in Private PAIR. Unlike Public PAIR where inquirers can be anonymous to the USPTO and thus unidentifiable when causing system problems, applicants and other users of Private PAIR are registered and receive a digital certificate from the USPTO. (For information on becoming a Registered User, see “Register Now” at http://www.uspto.gov/ebc/efs_help.html.)

We are committed to providing access to all available patent data to the public whenever required, and we are continuing to explore all alternatives to meet that goal.

 

 

January 8, 2008 - Commissioner Doll Expresses His Gratitude to e-Filers

Dear Valued Patents e-Commerce Customer,

Due to your commitment and support of the United States Patent and Trademark Office's (USPTO) e-Commerce initiatives, the USPTO made tremendous strides in 2007. Together, we have achieved a significant goal by making electronic submissions of new patent applications and follow-on papers easier for the intellectual property community.

The success of our electronic filing system, EFS-Web, could not have been achieved without the dedication, patience, time and effort contributed by our customers and stakeholders. Due to the widespread usage of EFS-Web, the USPTO exceeded its fiscal year 2007 goal and received nearly 50 percent of all patent applications electronically. We know it isn't easy to change an existing process, which makes us even more grateful that you have chosen to adopt EFS-Web.

We would like to thank you for also taking the time to provide the agency with feedback on all of our systems by participating in pilot programs, feedback questionnaires, and focus sessions. Your voice has helped drive the success of the USPTO and its e-Commerce goals.

We welcome your feedback as we continue to plan and implement new e-Commerce initiatives in 2008. Please send an e-mail to EFS.Training@USPTO.gov if you have any suggestions you would like to share. I look forward to the future and how we can continue to improve the patent prosecution process and the quality of patents in the new year.

Best wishes for a prosperous new year.

Sincerely,

John Doll
Commissioner for Patents
United States Patent and Trademark Office

United States Patent and Trademark Office
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Last Modified: 8/29/2011 2:12:14 PM