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