Department of Commerce Patent and Trademark Office 37 CFR Part 1 [Docket No. 961030301-6301-01] RIN 0651-AA55 Changes in Signature and Filing Requirements for Correspondence Filed in the Patent and Trademark Office Agency: Patent and Trademark Office, Commerce. Action: Correcting amendment. Summary: This document contains a further correction to the final regulations which were published Friday, October 22, 1993 (58 FR 54494). The regulations related to the changes in signature and filing requirements for correspondence filed in the Patent and Trademark Office. The correction re-inserts part of a rule (37 CFR 1.741) that was inadvertently deleted when the rule was amended. Effective Date: December 3, 1996. For Information Contact: Karin Tyson by telephone at (703) 305-9285; by mail marked to her attention and addressed to the Assistant Commissioner for Patents, Box COMMENTS - PATENTS, Washington, D.C. 20231; or by fax marked to her attention at (703) 308-6916. Supplementary Information: Background The final regulation that is the subject of this correction was revised to change "Certificate of Mailing" to "Certificate of Mailing or Transmission" in 37 CFR 1.741(a) as published at 58 FR 54494 (October 22, 1993), corrected at 58 FR 64154 (December 6, 1993), and in the Official Gazette of the Patent and Trademark Office at 1156 Off. Gaz. Pat. Office 61 (November 16, 1993), corrected at 1157 Off. Gaz. Pat. Office 87 (December 28, 1993). Need for Correction As published, the final regulation inadvertently deleted the last sentence of the first paragraph of paragraph (a) of Rule 741 and paragraphs (a)(1) -- (a)(6). Paperwork Reduction Act Statement Notwithstanding any other provision of law, no person is required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act (PRA) unless that collection of information displays a currently valid OMB control number. OMB has approved the collection of the information required by this rule under OMB # 0651-0020. List of Subjects in 37 CFR Part 1 Administrative practice and procedure, Freedom of Information, inventions and patents, Reporting and record keeping requirements. PART 1--RULES OF PRACTICE IN PATENT CASES Accordingly, 37 CFR Part 1 is corrected by making the following correcting amendment: 1. The authority citation for 37 CFR part 1 continues to read as follows: Authority: 35 U.S.C. 6, unless otherwise noted. 2. In 1.741, paragraph (a) is revised to read as follows: 1.741 Filing date of application. (a) The filing date of an application for extension of a patent term is the date on which a complete application is received in the Patent and Trademark Office or filed pursuant to the "Certificate of Mailing or Transmission" procedures of 37 CFR 1.8 or "Express Mail" provisions of 37 CFR 1.10. A complete application shall include: (1) An identification of the approved product; (2) An identification of each Federal statute under which regulatory review occurred; (3) An identification of the patent for which an extension is being sought; (4) An identification of each claim of the patent which claims the approved product or a method of using or manufacturing the approved product; (5) Sufficient information to enable the Commissioner to determine under 35 U.S.C. 156 subsections (a) and (b) the eligibility of a patent for extension and the rights that will be derived from the extension and information to enable the Commissioner and the Secretary of Health and Human Services or the Secretary of Agriculture to determine the length of the regulatory review period; and (6) A brief description of the activities undertaken by the marketing applicant during the applicable regulatory review period with respect to the approved product and the significant dates applicable to such activities. November 26, 1996 BRUCE A. LEHMAN Assistant Secretary of Commerce and Commissioner of Patents and Trademarks