| Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee |
Notice of Expiration of Patents
Due to Failure to Pay Maintenance Fee
35 U.S.C. 41 and 37 CFR 1.362(g) provide that if the required
maintenance fee and any applicable surcharge are not paid in a patent
requiring such payment, the patent will expire at the end of the 4th, 8th
or 12th anniversary of the grant of the patent depending on the first
maintenance fee which was not paid.
According to the records of the Office, the patents listed below have
expired due to failure to pay the required maintenance fee and any
applicable surcharge.
PATENTS WHICH EXPIRED ON March 20, 2013
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,202,213 09/613,401 03/20/01
6,202,232 09/193,764 03/20/01
6,202,246 09/361,047 03/20/01
6,202,263 09/353,533 03/20/01
6,202,271 09/260,779 03/20/01
6,202,279 09/275,912 03/20/01
6,202,283 09/308,918 03/20/01
6,202,293 09/494,220 03/20/01
6,202,296 09/216,850 03/20/01
6,202,304 08/779,459 03/20/01
6,202,315 09/235,603 03/20/01
6,202,316 09/059,861 03/20/01
6,202,320 09/434,772 03/20/01
6,202,321 09/021,360 03/20/01
6,202,324 09/108,271 03/20/01
6,202,327 09/305,333 03/20/01
6,202,328 09/228,334 03/20/01
6,202,329 09/088,162 03/20/01
6,202,331 09/305,717 03/20/01
6,202,341 09/209,707 03/20/01
6,202,347 09/012,171 03/20/01
6,202,352 09/526,001 03/20/01
6,202,357 09/195,416 03/20/01
6,202,358 09/434,991 03/20/01
6,202,379 09/120,671 03/20/01
6,202,387 09/388,779 03/20/01
6,202,392 09/394,594 03/20/01
6,202,399 09/201,779 03/20/01
6,202,402 09/106,095 03/20/01
6,202,403 09/218,915 03/20/01
6,202,404 09/168,620 03/20/01
6,202,412 08/939,625 03/20/01
6,202,417 09/327,436 03/20/01
6,202,421 09/168,201 03/20/01
6,202,427 09/263,864 03/20/01
6,202,436 09/351,289 03/20/01
6,202,437 09/314,403 03/20/01
6,202,441 09/317,994 03/20/01
6,202,443 09/256,556 03/20/01
6,202,446 09/261,354 03/20/01
6,202,456 09/506,884 03/20/01
6,202,466 09/512,291 03/20/01
6,202,467 09/091,255 03/20/01
6,202,472 09/220,318 03/20/01
6,202,474 09/344,378 03/20/01
6,202,486 09/164,962 03/20/01
6,202,490 09/562,037 03/20/01
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 7 |
6,202,499 09/428,216 03/20/01
6,202,505 08/378,376 03/20/01
6,202,509 09/356,213 03/20/01
6,202,512 09/248,269 03/20/01
6,202,515 09/325,973 03/20/01
6,202,516 09/310,228 03/20/01
6,202,517 09/374,908 03/20/01
6,202,519 09/301,455 03/20/01
6,202,521 09/210,971 03/20/01
6,202,532 09/182,191 03/20/01
6,202,545 09/432,837 03/20/01
6,202,553 09/214,674 03/20/01
6,202,554 09/376,369 03/20/01
6,202,557 09/418,766 03/20/01
6,202,566 09/368,047 03/20/01
6,202,567 08/258,429 03/20/01
6,202,570 09/465,328 03/20/01
6,202,571 09/361,135 03/20/01
6,202,573 08/913,662 03/20/01
6,202,578 09/043,551 03/20/01
6,202,580 09/305,587 03/20/01
6,202,584 09/563,675 03/20/01
6,202,587 09/192,292 03/20/01
6,202,600 09/210,613 03/20/01
6,202,602 09/297,813 03/20/01
6,202,604 09/480,582 03/20/01
6,202,610 09/497,755 03/20/01
6,202,631 09/216,918 03/20/01
6,202,635 09/573,640 03/20/01
6,202,646 09/219,390 03/20/01
6,202,651 09/413,429 03/20/01
6,202,652 09/442,764 03/20/01
6,202,654 08/549,849 03/20/01
6,202,658 09/191,061 03/20/01
6,202,661 09/287,108 03/20/01
6,202,667 09/457,557 03/20/01
6,202,670 09/538,841 03/20/01
6,202,673 09/091,640 03/20/01
6,202,674 09/459,315 03/20/01
6,202,675 09/294,962 03/20/01
6,202,679 09/292,144 03/20/01
6,202,685 09/301,959 03/20/01
6,202,701 09/359,480 03/20/01
6,202,707 09/464,296 03/20/01
6,202,712 09/248,545 03/20/01
6,202,715 09/536,112 03/20/01
6,202,720 09/293,727 03/20/01
6,202,721 09/071,321 03/20/01
6,202,722 09/303,933 03/20/01
6,202,725 09/007,760 03/20/01
6,202,726 09/274,173 03/20/01
6,202,729 09/340,367 03/20/01
6,202,735 09/262,383 03/20/01
6,202,747 09/387,015 03/20/01
6,202,749 09/244,406 03/20/01
6,202,754 09/339,414 03/20/01
6,202,757 08/973,548 03/20/01
6,202,761 09/303,777 03/20/01
6,202,763 09/296,171 03/20/01
6,202,774 09/117,871 03/20/01
6,202,778 09/114,653 03/20/01
6,202,780 09/128,478 03/20/01
6,202,783 09/438,561 03/20/01
6,202,784 09/304,251 03/20/01
6,202,793 09/218,182 03/20/01
6,202,800 09/564,184 03/20/01
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 8 |
6,202,801 09/564,821 03/20/01
6,202,804 09/202,834 03/20/01
6,202,809 09/118,850 03/20/01
6,202,813 08/789,435 03/20/01
6,202,818 09/441,017 03/20/01
6,202,820 09/422,474 03/20/01
6,202,821 09/212,712 03/20/01
6,202,828 09/187,593 03/20/01
6,202,830 09/091,811 03/20/01
6,202,831 09/307,550 03/20/01
6,202,839 09/430,868 03/20/01
6,202,844 09/254,971 03/20/01
6,202,850 09/428,976 03/20/01
6,202,859 09/304,146 03/20/01
6,202,863 09/038,580 03/20/01
6,202,864 09/264,245 03/20/01
6,202,867 09/334,792 03/20/01
6,202,904 09/144,496 03/20/01
6,202,906 09/414,187 03/20/01
6,202,908 09/481,872 03/20/01
6,202,912 09/305,661 03/20/01
6,202,915 09/456,982 03/20/01
6,202,929 09/265,658 03/20/01
6,202,930 09/428,119 03/20/01
6,202,934 09/652,546 03/20/01
6,202,935 09/290,951 03/20/01
6,202,944 09/243,113 03/20/01
6,202,949 09/383,595 03/20/01
6,202,951 09/325,154 03/20/01
6,202,955 09/351,818 03/20/01
6,202,970 09/384,551 03/20/01
6,202,971 09/340,947 03/20/01
6,202,986 09/356,612 03/20/01
6,202,988 09/361,175 03/20/01
6,202,990 08/291,486 03/20/01
6,202,994 09/447,828 03/20/01
6,203,002 09/315,693 03/20/01
6,203,011 09/282,044 03/20/01
6,203,029 09/081,000 03/20/01
6,203,033 09/271,539 03/20/01
6,203,034 09/231,619 03/20/01
6,203,037 09/206,720 03/20/01
6,203,041 09/330,430 03/20/01
6,203,042 09/246,439 03/20/01
6,203,049 09/186,978 03/20/01
6,203,053 09/322,189 03/20/01
6,203,054 09/319,934 03/20/01
6,203,056 09/334,075 03/20/01
6,203,059 09/239,611 03/20/01
6,203,060 09/482,130 03/20/01
6,203,070 09/566,867 03/20/01
6,203,073 09/392,927 03/20/01
6,203,078 09/143,391 03/20/01
6,203,079 09/200,367 03/20/01
6,203,086 08/964,160 03/20/01
6,203,092 09/199,332 03/20/01
6,203,094 09/443,582 03/20/01
6,203,095 09/497,924 03/20/01
6,203,097 09/593,873 03/20/01
6,203,103 09/493,730 03/20/01
6,203,109 09/474,503 03/20/01
6,203,118 09/158,106 03/20/01
6,203,120 09/251,424 03/20/01
6,203,127 09/433,860 03/20/01
6,203,138 08/976,231 03/20/01
6,203,141 09/105,677 03/20/01
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 9 |
6,203,142 07/968,537 03/20/01
6,203,143 09/159,426 03/20/01
6,203,151 09/327,701 03/20/01
6,203,153 08/608,106 03/20/01
6,203,154 09/589,230 03/20/01
6,203,157 09/356,316 03/20/01
6,203,159 09/343,545 03/20/01
6,203,162 08/857,913 03/20/01
6,203,166 09/416,638 03/20/01
6,203,171 08/850,943 03/20/01
6,203,188 09/155,195 03/20/01
6,203,195 09/234,776 03/20/01
6,203,198 09/390,403 03/20/01
6,203,200 09/415,089 03/20/01
6,203,208 09/283,398 03/20/01
6,203,211 09/300,356 03/20/01
6,203,218 09/362,963 03/20/01
6,203,219 09/124,053 03/20/01
6,203,222 09/264,459 03/20/01
6,203,225 09/162,511 03/20/01
6,203,227 09/496,422 03/20/01
6,203,228 09/611,500 03/20/01
6,203,238 09/143,900 03/20/01
6,203,239 09/487,452 03/20/01
6,203,258 09/147,450 03/20/01
6,203,261 09/253,388 03/20/01
6,203,263 09/214,185 03/20/01
6,203,265 09/459,063 03/20/01
6,203,268 09/389,069 03/20/01
6,203,279 09/344,420 03/20/01
6,203,307 09/382,734 03/20/01
6,203,308 08/940,796 03/20/01
6,203,312 09/203,630 03/20/01
6,203,325 09/381,977 03/20/01
6,203,326 09/404,767 03/20/01
6,203,328 09/302,621 03/20/01
6,203,330 09/242,012 03/20/01
6,203,331 09/434,827 03/20/01
6,203,333 09/064,208 03/20/01
6,203,336 08/534,100 03/20/01
6,203,339 09/326,777 03/20/01
6,203,342 09/411,804 03/20/01
6,203,350 09/439,117 03/20/01
6,203,359 09/439,843 03/20/01
6,203,366 09/381,908 03/20/01
6,203,373 09/289,318 03/20/01
6,203,382 09/331,625 03/20/01
6,203,384 09/274,121 03/20/01
6,203,387 09/422,314 03/20/01
6,203,397 09/444,726 03/20/01
6,203,400 09/598,118 03/20/01
6,203,405 09/346,065 03/20/01
6,203,411 09/037,707 03/20/01
6,203,416 09/390,629 03/20/01
6,203,420 09/452,316 03/20/01
6,203,442 09/363,021 03/20/01
6,203,449 09/401,992 03/20/01
6,203,451 09/226,098 03/20/01
6,203,453 09/175,801 03/20/01
6,203,454 09/078,170 03/20/01
6,203,457 09/467,464 03/20/01
6,203,465 09/439,439 03/20/01
6,203,473 09/064,708 03/20/01
6,203,479 09/369,834 03/20/01
6,203,484 08/826,093 03/20/01
6,203,487 09/224,504 03/20/01
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 10 |
6,203,495 09/361,777 03/20/01
6,203,501 08/946,366 03/20/01
6,203,502 09/049,166 03/20/01
6,203,503 09/306,930 03/20/01
6,203,506 09/242,193 03/20/01
6,203,507 09/262,136 03/20/01
6,203,508 08/951,769 03/20/01
6,203,512 09/342,409 03/20/01
6,203,518 09/332,709 03/20/01
6,203,519 09/029,597 03/20/01
6,203,522 09/259,960 03/20/01
6,203,532 09/303,881 03/20/01
6,203,533 09/369,346 03/20/01
6,203,534 09/387,074 03/20/01
6,203,553 09/391,538 03/20/01
6,203,555 09/517,188 03/20/01
6,203,557 09/421,154 03/20/01
6,203,559 09/492,968 03/20/01
6,203,565 09/362,279 03/20/01
6,203,566 09/331,253 03/20/01
6,203,573 09/234,761 03/20/01
6,203,575 09/229,135 03/20/01
6,203,589 09/415,496 03/20/01
6,203,591 09/163,654 03/20/01
6,203,606 09/196,217 03/20/01
6,203,607 08/973,037 03/20/01
6,203,617 09/272,315 03/20/01
6,203,620 09/539,336 03/20/01
6,203,625 09/208,664 03/20/01
6,203,631 09/099,267 03/20/01
6,203,633 09/134,115 03/20/01
6,203,642 09/499,714 03/20/01
6,203,643 08/936,824 03/20/01
6,203,645 08/639,515 03/20/01
6,203,646 08/895,837 03/20/01
6,203,647 09/242,659 03/20/01
6,203,654 09/027,379 03/20/01
6,203,656 09/127,886 03/20/01
6,203,658 09/265,235 03/20/01
6,203,665 09/366,650 03/20/01
6,203,672 09/215,101 03/20/01
6,203,673 09/450,742 03/20/01
6,203,675 09/095,353 03/20/01
6,203,679 09/251,129 03/20/01
6,203,682 09/139,991 03/20/01
6,203,685 09/234,382 03/20/01
6,203,687 09/208,586 03/20/01
6,203,702 09/425,266 03/20/01
6,203,704 09/290,998 03/20/01
6,203,710 09/255,414 03/20/01
6,203,718 09/385,617 03/20/01
6,203,724 09/453,538 03/20/01
6,203,726 09/414,218 03/20/01
6,203,734 09/197,623 03/20/01
6,203,741 09/542,423 03/20/01
6,203,742 09/137,833 03/20/01
6,203,743 09/410,704 03/20/01
6,203,750 08/789,528 03/20/01
6,203,752 09/572,397 03/20/01
6,203,754 09/489,974 03/20/01
6,203,767 09/187,908 03/20/01
6,203,782 08/645,767 03/20/01
6,203,783 08/709,666 03/20/01
6,203,786 09/113,702 03/20/01
6,203,788 08/939,853 03/20/01
6,203,791 09/180,904 03/20/01
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 11 |
6,203,793 08/832,464 03/20/01
6,203,794 08/750,101 03/20/01
6,203,795 09/083,116 03/20/01
6,203,796 09/349,577 03/20/01
6,203,800 09/273,613 03/20/01
6,203,801 09/411,578 03/20/01
6,203,811 09/313,126 03/20/01
6,203,814 08/352,400 03/20/01
6,203,818 09/045,464 03/20/01
6,203,819 09/272,819 03/20/01
6,203,834 09/511,591 03/20/01
6,203,835 08/981,108 03/20/01
6,203,838 09/240,142 03/20/01
6,203,839 09/212,985 03/20/01
6,203,840 09/276,682 03/20/01
6,203,842 09/461,268 03/20/01
6,203,857 09/084,362 03/20/01
6,203,864 09/327,510 03/20/01
6,203,871 09/172,057 03/20/01
6,203,876 09/231,970 03/20/01
6,203,879 09/065,612 03/20/01
6,203,880 08/787,624 03/20/01
6,203,883 09/117,733 03/20/01
6,203,885 09/098,961 03/20/01
6,203,890 09/500,266 03/20/01
6,203,897 08/617,904 03/20/01
6,203,915 09/029,283 03/20/01
6,203,919 08/980,749 03/20/01
6,203,923 09/161,663 03/20/01
6,203,929 09/294,264 03/20/01
6,203,930 09/120,348 03/20/01
6,203,941 09/216,571 03/20/01
6,203,949 09/137,492 03/20/01
6,203,951 09/202,253 03/20/01
6,203,961 09/603,890 03/20/01
6,203,964 09/524,537 03/20/01
6,203,966 09/155,783 03/20/01
6,203,971 09/407,968 03/20/01
6,203,981 09/068,172 03/20/01
6,203,982 09/068,880 03/20/01
6,203,987 09/179,569 03/20/01
6,203,991 09/378,528 03/20/01
6,203,995 09/342,581 03/20/01
6,203,998 09/060,694 03/20/01
6,203,999 09/231,004 03/20/01
6,204,002 09/091,780 03/20/01
6,204,004 08/821,872 03/20/01
6,204,005 08/404,887 03/20/01
6,204,011 09/098,707 03/20/01
6,204,013 09/163,285 03/20/01
6,204,014 09/191,879 03/20/01
6,204,015 09/210,000 03/20/01
6,204,016 09/374,493 03/20/01
6,204,018 08/750,494 03/20/01
6,204,019 08/868,699 03/20/01
6,204,020 08/401,632 03/20/01
6,204,022 08/954,395 03/20/01
6,204,024 08/928,465 03/20/01
6,204,029 09/057,863 03/20/01
6,204,030 09/388,805 03/20/01
6,204,038 09/422,662 03/20/01
6,204,040 09/296,284 03/20/01
6,204,041 09/150,440 03/20/01
6,204,042 09/309,026 03/20/01
6,204,043 08/396,988 03/20/01
6,204,050 09/356,838 03/20/01
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 12 |
6,204,055 09/290,640 03/20/01
6,204,059 08/268,430 03/20/01
6,204,061 08/781,559 03/20/01
6,204,066 09/344,991 03/20/01
6,204,077 09/393,672 03/20/01
6,204,088 06/636,898 03/20/01
6,204,090 09/451,154 03/20/01
6,204,110 09/434,211 03/20/01
6,204,111 09/238,157 03/20/01
6,204,120 09/162,637 03/20/01
6,204,122 08/932,641 03/20/01
6,204,150 09/038,749 03/20/01
6,204,158 09/216,371 03/20/01
6,204,160 09/255,373 03/20/01
6,204,169 08/822,025 03/20/01
6,204,194 09/231,821 03/20/01
6,204,202 09/291,510 03/20/01
6,204,204 09/282,952 03/20/01
6,204,211 09/585,442 03/20/01
6,204,218 09/385,457 03/20/01
6,204,219 09/363,505 03/20/01
6,204,225 09/460,263 03/20/01
6,204,236 09/180,121 03/20/01
6,204,237 09/399,204 03/20/01
6,204,241 08/734,664 03/20/01
6,204,243 09/407,816 03/20/01
6,204,244 09/230,873 03/20/01
6,204,254 08/928,841 03/20/01
6,204,264 09/398,200 03/20/01
6,204,265 09/468,591 03/20/01
6,204,269 09/406,574 03/20/01
6,204,270 09/439,636 03/20/01
6,204,272 09/319,974 03/20/01
6,204,274 09/298,200 03/20/01
6,204,278 08/858,244 03/20/01
6,204,279 09/089,734 03/20/01
6,204,280 09/163,481 03/20/01
6,204,282 09/450,235 03/20/01
6,204,284 08/414,180 03/20/01
6,204,294 09/230,977 03/20/01
6,204,295 09/309,285 03/20/01
6,204,296 09/263,924 03/20/01
6,204,299 08/881,347 03/20/01
6,204,307 09/149,737 03/20/01
6,204,309 09/297,190 03/20/01
6,204,312 08/875,519 03/20/01
6,204,314 09/326,670 03/20/01
6,204,316 09/488,907 03/20/01
6,204,318 08/990,803 03/20/01
6,204,319 09/183,458 03/20/01
6,204,326 09/131,270 03/20/01
6,204,330 09/308,165 03/20/01
6,204,331 09/049,759 03/20/01
6,204,334 09/366,996 03/20/01
6,204,343 09/319,353 03/20/01
6,204,345 09/156,947 03/20/01
6,204,349 08/668,234 03/20/01
6,204,354 09/073,759 03/20/01
6,204,357 09/500,840 03/20/01
6,204,360 09/465,025 03/20/01
6,204,361 09/200,344 03/20/01
6,204,364 08/097,869 03/20/01
6,204,365 09/232,529 03/20/01
6,204,379 09/269,875 03/20/01
6,204,391 09/246,011 03/20/01
6,204,410 09/254,595 03/20/01
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 13 |
6,204,411 09/137,974 03/20/01
6,204,416 09/538,429 03/20/01
6,204,420 09/338,966 03/20/01
6,204,423 08/990,520 03/20/01
6,204,424 09/211,499 03/20/01
6,204,426 09/474,615 03/20/01
6,204,428 09/206,958 03/20/01
6,204,429 09/285,507 03/20/01
6,204,441 09/276,418 03/20/01
6,204,445 09/019,417 03/20/01
6,204,450 08/905,141 03/20/01
6,204,454 09/221,124 03/20/01
6,204,458 09/417,324 03/20/01
6,204,459 09/380,158 03/20/01
6,204,460 08/864,685 03/20/01
6,204,461 09/420,330 03/20/01
6,204,462 09/536,796 03/20/01
6,204,471 09/249,322 03/20/01
6,204,487 09/215,139 03/20/01
6,204,488 09/450,755 03/20/01
6,204,490 09/323,702 03/20/01
6,204,495 09/315,942 03/20/01
6,204,497 09/179,113 03/20/01
6,204,499 09/092,553 03/20/01
6,204,503 07/894,359 03/20/01
6,204,504 09/591,450 03/20/01
6,204,507 09/077,754 03/20/01
6,204,508 09/130,662 03/20/01
6,204,509 09/191,466 03/20/01
6,204,518 09/487,258 03/20/01
6,204,521 09/143,038 03/20/01
6,204,525 09/156,478 03/20/01
6,204,530 09/374,545 03/20/01
6,204,534 08/984,083 03/20/01
6,204,539 09/392,591 03/20/01
6,204,540 09/333,992 03/20/01
6,204,544 09/249,193 03/20/01
6,204,546 09/312,217 03/20/01
6,204,549 09/138,441 03/20/01
6,204,552 09/481,398 03/20/01
6,204,563 09/192,595 03/20/01
6,204,567 08/672,064 03/20/01
6,204,570 09/444,963 03/20/01
6,204,571 09/541,051 03/20/01
6,204,574 09/392,009 03/20/01
6,204,579 09/301,833 03/20/01
6,204,585 09/216,498 03/20/01
6,204,597 09/246,857 03/20/01
6,204,598 09/421,348 03/20/01
6,204,600 09/174,654 03/20/01
6,204,602 09/312,973 03/20/01
6,204,607 09/086,778 03/20/01
6,204,609 09/482,675 03/20/01
6,204,612 09/456,351 03/20/01
6,204,613 09/507,425 03/20/01
6,204,614 09/306,912 03/20/01
6,204,617 09/363,351 03/20/01
6,204,618 09/348,386 03/20/01
6,204,630 09/499,097 03/20/01
6,204,633 09/139,025 03/20/01
6,204,656 08/865,503 03/20/01
6,204,661 09/163,900 03/20/01
6,204,669 09/109,882 03/20/01
6,204,670 09/092,904 03/20/01
6,204,671 09/175,573 03/20/01
6,204,693 09/412,063 03/20/01
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 14 |
6,204,699 09/263,883 03/20/01
6,204,703 09/216,884 03/20/01
6,204,722 09/218,796 03/20/01
6,204,732 09/247,173 03/20/01
6,204,738 09/291,923 03/20/01
6,204,742 09/431,783 03/20/01
6,204,752 09/448,421 03/20/01
6,204,755 09/368,898 03/20/01
6,204,757 09/321,896 03/20/01
6,204,763 09/274,429 03/20/01
6,204,800 09/202,139 03/20/01
6,204,809 09/399,738 03/20/01
6,204,810 08/853,833 03/20/01
6,204,813 09/027,430 03/20/01
6,204,822 09/315,864 03/20/01
6,204,830 08/783,991 03/20/01
6,204,833 08/522,918 03/20/01
6,204,834 08/292,135 03/20/01
6,204,838 09/082,757 03/20/01
6,204,842 09/167,374 03/20/01
6,204,862 08/871,713 03/20/01
6,204,867 09/129,556 03/20/01
6,204,879 08/903,362 03/20/01
6,204,880 09/153,071 03/20/01
6,204,882 09/337,907 03/20/01
6,204,901 09/110,652 03/20/01
6,204,902 09/225,154 03/20/01
6,204,903 09/000,457 03/20/01
6,204,922 09/209,357 03/20/01
6,204,930 08/872,732 03/20/01
6,204,931 09/065,413 03/20/01
6,204,932 09/081,514 03/20/01
6,204,934 09/126,306 03/20/01
6,204,936 08/677,357 03/20/01
6,204,943 09/021,593 03/20/01
6,204,944 09/115,721 03/20/01
6,204,951 09/082,620 03/20/01
6,204,955 09/503,828 03/20/01
6,204,964 09/452,124 03/20/01
6,204,966 09/297,167 03/20/01
6,204,972 09/506,256 03/20/01
6,204,984 09/350,395 03/20/01
6,204,987 09/103,769 03/20/01
6,204,993 09/141,744 03/20/01
6,204,995 09/250,421 03/20/01
6,204,998 09/583,104 03/20/01
6,204,999 09/220,252 03/20/01
6,205,002 08/874,848 03/20/01
6,205,006 09/272,561 03/20/01
6,205,010 08/970,755 03/20/01
6,205,011 09/194,353 03/20/01
6,205,012 09/331,868 03/20/01
6,205,016 08/869,124 03/20/01
6,205,023 09/425,367 03/20/01
6,205,030 09/320,487 03/20/01
6,205,036 09/553,645 03/20/01
6,205,043 09/392,351 03/20/01
6,205,044 09/510,641 03/20/01
6,205,047 09/369,322 03/20/01
6,205,049 09/384,300 03/20/01
6,205,057 09/504,558 03/20/01
6,205,060 09/328,004 03/20/01
6,205,088 09/078,472 03/20/01
6,205,094 09/113,208 03/20/01
6,205,095 09/210,807 03/20/01
6,205,098 09/142,023 03/20/01
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 15 |
6,205,099 09/191,939 03/20/01
6,205,106 09/029,871 03/20/01
6,205,108 08/994,579 03/20/01
6,205,110 09/103,727 03/20/01
6,205,116 09/239,768 03/20/01
6,205,124 08/777,810 03/20/01
6,205,128 09/004,086 03/20/01
6,205,131 08/992,368 03/20/01
6,205,136 09/043,172 03/20/01
6,205,148 08/925,288 03/20/01
6,205,152 09/002,043 03/20/01
6,205,153 08/853,281 03/20/01
6,205,159 09/102,586 03/20/01
6,205,168 09/191,461 03/20/01
6,205,173 08/981,084 03/20/01
6,205,174 09/121,574 03/20/01
6,205,179 08/991,940 03/20/01
6,205,189 08/929,470 03/20/01
6,205,194 09/029,193 03/20/01
6,205,200 08/738,927 03/20/01
6,205,202 09/270,252 03/20/01
6,205,214 09/112,384 03/20/01
6,205,217 09/087,212 03/20/01
6,205,225 08/984,448 03/20/01
6,205,226 09/272,793 03/20/01
6,205,230 09/191,746 03/20/01
6,205,235 09/121,351 03/20/01
6,205,236 09/416,437 03/20/01
6,205,246 08/998,946 03/20/01
6,205,247 09/202,027 03/20/01
6,205,258 09/073,506 03/20/01
6,205,259 08/969,937 03/20/01
6,205,266 09/167,198 03/20/01
6,205,281 09/081,856 03/20/01
6,205,284 08/969,675 03/20/01
6,205,300 09/128,551 03/20/01
6,205,324 09/240,000 03/20/01
6,205,331 09/104,343 03/20/01
6,205,338 09/134,011 03/20/01
6,205,342 09/282,646 03/20/01
6,205,348 09/298,852 03/20/01
6,205,355 09/250,140 03/20/01
6,205,370 09/136,355 03/20/01
6,205,372 09/064,417 03/20/01
6,205,380 09/202,531 03/20/01
6,205,391 09/080,372 03/20/01
6,205,395 09/209,933 03/20/01
6,205,397 09/366,244 03/20/01
6,205,403 09/303,312 03/20/01
6,205,405 08/939,006 03/20/01
6,205,426 09/237,170 03/20/01
6,205,443 09/225,115 03/20/01
6,205,446 09/037,398 03/20/01
6,205,450 09/106,045 03/20/01
6,205,459 08/990,100 03/20/01
6,205,475 09/382,311 03/20/01
6,205,512 09/056,921 03/20/01
6,205,518 09/129,731 03/20/01
6,205,530 09/073,968 03/20/01
6,205,535 09/167,029 03/20/01
6,205,546 09/273,386 03/20/01
6,205,554 09/032,022 03/20/01
6,205,556 09/198,658 03/20/01
6,205,566 09/119,589 03/20/01
6,205,570 09/092,396 03/20/01
6,205,573 09/176,426 03/20/01
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 16 |
6,205,581 09/188,826 03/20/01
PATENTS WHICH EXPIRED ON March 15, 2013
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,865,750 10/639,346 03/15/05
6,865,755 10/345,715 03/15/05
6,865,762 10/067,474 03/15/05
6,865,768 10/270,532 03/15/05
6,865,777 10/613,851 03/15/05
6,865,778 10/361,833 03/15/05
6,865,779 10/350,752 03/15/05
6,865,780 10/211,254 03/15/05
6,865,781 10/453,509 03/15/05
6,865,782 10/315,368 03/15/05
6,865,787 10/446,932 03/15/05
6,865,790 10/083,794 03/15/05
6,865,791 10/275,386 03/15/05
6,865,793 10/222,372 03/15/05
6,865,795 10/126,767 03/15/05
6,865,797 10/195,310 03/15/05
6,865,800 10/354,617 03/15/05
6,865,816 09/426,940 03/15/05
6,865,825 09/853,097 03/15/05
6,865,831 10/278,413 03/15/05
6,865,833 10/287,361 03/15/05
6,865,837 09/900,420 03/15/05
6,865,839 10/461,993 03/15/05
6,865,845 10/642,389 03/15/05
6,865,852 10/033,030 03/15/05
6,865,854 10/190,388 03/15/05
6,865,856 10/450,729 03/15/05
6,865,859 10/189,617 03/15/05
6,865,860 10/403,756 03/15/05
6,865,864 10/158,149 03/15/05
6,865,869 10/356,178 03/15/05
6,865,872 10/151,680 03/15/05
6,865,874 10/215,887 03/15/05
6,865,880 10/066,760 03/15/05
6,865,883 10/317,458 03/15/05
6,865,903 10/646,561 03/15/05
6,865,907 09/812,558 03/15/05
6,865,913 10/636,141 03/15/05
6,865,922 10/457,987 03/15/05
6,865,923 10/390,879 03/15/05
6,865,931 10/429,783 03/15/05
6,865,935 10/331,618 03/15/05
6,865,936 10/139,799 03/15/05
6,865,941 10/151,137 03/15/05
6,865,964 10/319,338 03/15/05
6,865,968 10/735,685 03/15/05
6,865,977 10/604,320 03/15/05
6,865,979 09/778,490 03/15/05
6,865,980 10/283,455 03/15/05
6,865,990 10/339,256 03/15/05
6,865,998 10/607,160 03/15/05
6,866,001 10/777,761 03/15/05
6,866,007 10/320,973 03/15/05
6,866,015 10/609,403 03/15/05
6,866,019 10/842,995 03/15/05
6,866,020 10/170,850 03/15/05
6,866,021 10/628,267 03/15/05
6,866,022 10/654,297 03/15/05
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 17 |
6,866,027 10/664,113 03/15/05
6,866,029 10/280,174 03/15/05
6,866,030 10/765,238 03/15/05
6,866,031 10/474,158 03/15/05
6,866,032 10/379,099 03/15/05
6,866,034 10/652,492 03/15/05
6,866,036 10/630,047 03/15/05
6,866,042 10/661,864 03/15/05
6,866,050 10/795,708 03/15/05
6,866,054 10/746,922 03/15/05
6,866,057 10/113,483 03/15/05
6,866,059 10/464,377 03/15/05
6,866,063 10/236,242 03/15/05
6,866,065 10/366,310 03/15/05
6,866,070 10/630,600 03/15/05
6,866,071 10/360,904 03/15/05
6,866,073 10/408,638 03/15/05
6,866,075 10/215,463 03/15/05
6,866,086 10/348,720 03/15/05
6,866,089 10/189,101 03/15/05
6,866,090 09/790,716 03/15/05
6,866,091 10/181,160 03/15/05
6,866,092 08/112,204 03/15/05
6,866,093 09/874,538 03/15/05
6,866,095 10/301,381 03/15/05
6,866,097 09/841,284 03/15/05
6,866,098 10/288,799 03/15/05
6,866,103 10/332,818 03/15/05
6,866,107 10/462,225 03/15/05
6,866,109 10/218,264 03/15/05
6,866,120 10/644,457 03/15/05
6,866,128 10/370,204 03/15/05
6,866,133 10/676,196 03/15/05
6,866,141 10/477,667 03/15/05
6,866,143 10/268,625 03/15/05
6,866,144 10/364,200 03/15/05
6,866,150 10/288,926 03/15/05
6,866,160 10/181,629 03/15/05
6,866,161 10/259,847 03/15/05
6,866,166 10/633,896 03/15/05
6,866,167 10/689,020 03/15/05
6,866,170 10/822,766 03/15/05
6,866,171 09/936,039 03/15/05
6,866,173 10/290,742 03/15/05
6,866,177 10/732,335 03/15/05
6,866,181 10/379,670 03/15/05
6,866,183 10/323,078 03/15/05
6,866,185 10/262,139 03/15/05
6,866,186 10/271,447 03/15/05
6,866,189 10/408,509 03/15/05
6,866,190 10/417,036 03/15/05
6,866,192 10/330,277 03/15/05
6,866,194 10/055,319 03/15/05
6,866,203 10/375,564 03/15/05
6,866,215 09/979,011 03/15/05
6,866,242 10/653,233 03/15/05
6,866,245 10/799,152 03/15/05
6,866,247 10/423,119 03/15/05
6,866,249 10/736,659 03/15/05
6,866,250 10/409,526 03/15/05
6,866,253 10/778,252 03/15/05
6,866,258 10/376,148 03/15/05
6,866,263 10/656,504 03/15/05
6,866,273 09/733,626 03/15/05
6,866,274 10/413,606 03/15/05
6,866,276 10/143,289 03/15/05
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 18 |
6,866,282 10/373,010 03/15/05
6,866,284 10/275,965 03/15/05
6,866,285 10/722,354 03/15/05
6,866,289 10/055,816 03/15/05
6,866,291 10/193,183 03/15/05
6,866,305 10/189,702 03/15/05
6,866,308 10/460,067 03/15/05
6,866,309 10/402,219 03/15/05
6,866,314 10/407,974 03/15/05
6,866,316 10/445,368 03/15/05
6,866,327 10/359,949 03/15/05
6,866,328 10/728,554 03/15/05
6,866,335 09/876,519 03/15/05
6,866,336 10/369,135 03/15/05
6,866,344 10/620,955 03/15/05
6,866,353 09/749,216 03/15/05
6,866,357 09/670,146 03/15/05
6,866,374 10/463,575 03/15/05
6,866,399 10/083,883 03/15/05
6,866,400 09/249,922 03/15/05
6,866,418 10/241,096 03/15/05
6,866,431 10/367,764 03/15/05
6,866,438 10/169,659 03/15/05
6,866,439 10/354,263 03/15/05
6,866,449 10/400,120 03/15/05
6,866,451 10/398,571 03/15/05
6,866,454 10/644,662 03/15/05
6,866,468 10/098,163 03/15/05
6,866,470 10/035,375 03/15/05
6,866,471 10/365,237 03/15/05
6,866,478 10/431,345 03/15/05
6,866,481 10/336,773 03/15/05
6,866,484 10/179,338 03/15/05
6,866,500 10/267,640 03/15/05
6,866,507 10/104,395 03/15/05
6,866,514 10/356,267 03/15/05
6,866,515 09/798,299 03/15/05
6,866,516 10/442,491 03/15/05
6,866,518 10/669,968 03/15/05
6,866,527 10/403,253 03/15/05
6,866,530 10/813,022 03/15/05
6,866,531 10/409,159 03/15/05
6,866,533 10/421,340 03/15/05
6,866,534 10/462,798 03/15/05
6,866,536 09/548,038 03/15/05
6,866,538 10/397,446 03/15/05
6,866,543 10/409,451 03/15/05
6,866,562 10/344,222 03/15/05
6,866,568 10/783,277 03/15/05
6,866,570 10/434,830 03/15/05
6,866,574 10/345,793 03/15/05
6,866,576 10/462,248 03/15/05
6,866,590 10/250,160 03/15/05
6,866,591 10/101,995 03/15/05
6,866,597 10/650,209 03/15/05
6,866,614 10/139,900 03/15/05
6,866,616 10/207,567 03/15/05
6,866,646 10/029,852 03/15/05
6,866,650 09/776,336 03/15/05
6,866,654 10/237,139 03/15/05
6,866,663 10/254,471 03/15/05
6,866,668 09/859,370 03/15/05
6,866,680 09/950,027 03/15/05
6,866,687 10/671,286 03/15/05
6,866,690 10/128,529 03/15/05
6,866,697 10/429,959 03/15/05
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 19 |
6,866,710 10/736,893 03/15/05
6,866,721 10/113,750 03/15/05
6,866,723 09/921,555 03/15/05
6,866,725 10/220,441 03/15/05
6,866,727 10/741,979 03/15/05
6,866,730 10/394,475 03/15/05
6,866,731 10/067,108 03/15/05
6,866,734 10/149,328 03/15/05
6,866,735 10/207,956 03/15/05
6,866,736 09/957,754 03/15/05
6,866,745 10/243,166 03/15/05
6,866,752 09/962,704 03/15/05
6,866,753 10/658,410 03/15/05
6,866,754 10/147,458 03/15/05
6,866,756 10/277,841 03/15/05
6,866,757 10/268,645 03/15/05
6,866,758 10/103,027 03/15/05
6,866,759 09/738,462 03/15/05
6,866,762 10/028,945 03/15/05
6,866,767 10/278,646 03/15/05
6,866,768 10/387,602 03/15/05
6,866,774 10/424,520 03/15/05
6,866,775 10/773,739 03/15/05
6,866,781 10/079,354 03/15/05
6,866,782 10/166,459 03/15/05
6,866,784 10/311,274 03/15/05
6,866,786 10/231,317 03/15/05
6,866,788 10/130,603 03/15/05
6,866,793 10/255,493 03/15/05
6,866,799 10/143,198 03/15/05
6,866,802 10/011,791 03/15/05
6,866,803 09/613,362 03/15/05
6,866,810 09/771,083 03/15/05
6,866,814 10/851,489 03/15/05
6,866,815 10/407,913 03/15/05
6,866,821 10/642,498 03/15/05
6,866,831 09/737,763 03/15/05
6,866,835 09/959,902 03/15/05
6,866,836 10/243,594 03/15/05
6,866,839 10/457,123 03/15/05
6,866,847 09/490,090 03/15/05
6,866,851 09/473,551 03/15/05
6,866,859 09/940,849 03/15/05
6,866,867 10/015,538 03/15/05
6,866,879 09/806,324 03/15/05
6,866,882 09/657,627 03/15/05
6,866,883 10/843,365 03/15/05
6,866,886 10/406,766 03/15/05
6,866,887 10/686,367 03/15/05
6,866,902 10/118,723 03/15/05
6,866,903 10/316,329 03/15/05
6,866,910 10/442,029 03/15/05
6,866,925 10/111,915 03/15/05
6,866,927 10/136,316 03/15/05
6,866,928 10/118,120 03/15/05
6,866,934 10/386,929 03/15/05
6,866,948 10/665,016 03/15/05
6,866,952 09/837,834 03/15/05
6,866,972 10/438,713 03/15/05
6,866,973 09/998,228 03/15/05
6,866,977 10/243,702 03/15/05
6,866,978 09/987,413 03/15/05
6,866,990 10/368,389 03/15/05
6,866,992 10/413,110 03/15/05
6,866,996 10/098,600 03/15/05
6,867,000 10/169,057 03/15/05
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 20 |
6,867,001 10/253,319 03/15/05
6,867,008 09/352,570 03/15/05
6,867,010 09/390,851 03/15/05
6,867,012 09/998,130 03/15/05
6,867,018 09/548,365 03/15/05
6,867,022 09/488,867 03/15/05
6,867,027 09/254,344 03/15/05
6,867,029 10/094,989 03/15/05
6,867,032 10/149,026 03/15/05
6,867,042 10/217,995 03/15/05
6,867,043 10/002,884 03/15/05
6,867,044 09/683,380 03/15/05
6,867,047 10/055,726 03/15/05
6,867,050 09/923,464 03/15/05
6,867,052 10/002,402 03/15/05
6,867,059 10/810,616 03/15/05
6,867,070 10/358,139 03/15/05
6,867,081 10/633,208 03/15/05
6,867,095 10/324,304 03/15/05
6,867,107 10/456,531 03/15/05
6,867,110 10/152,690 03/15/05
6,867,112 09/692,211 03/15/05
6,867,113 09/191,743 03/15/05
6,867,118 10/447,220 03/15/05
6,867,123 10/250,939 03/15/05
6,867,131 10/230,457 03/15/05
6,867,133 10/009,750 03/15/05
6,867,141 10/453,584 03/15/05
6,867,144 10/138,635 03/15/05
6,867,146 10/085,128 03/15/05
6,867,150 10/312,560 03/15/05
6,867,159 10/728,720 03/15/05
6,867,161 08/913,218 03/15/05
6,867,164 10/244,428 03/15/05
6,867,176 10/734,172 03/15/05
6,867,177 09/374,586 03/15/05
6,867,179 09/632,748 03/15/05
6,867,181 09/890,013 03/15/05
6,867,186 09/962,967 03/15/05
6,867,188 10/168,093 03/15/05
6,867,193 09/889,604 03/15/05
6,867,205 10/361,268 03/15/05
6,867,211 10/182,579 03/15/05
6,867,214 09/763,213 03/15/05
6,867,215 10/377,507 03/15/05
6,867,220 10/149,497 03/15/05
6,867,224 10/324,266 03/15/05
6,867,225 10/478,259 03/15/05
6,867,231 09/445,865 03/15/05
6,867,238 10/179,712 03/15/05
6,867,242 10/009,605 03/15/05
6,867,249 10/317,494 03/15/05
6,867,250 09/698,368 03/15/05
6,867,261 10/406,173 03/15/05
6,867,263 10/393,928 03/15/05
6,867,264 10/229,876 03/15/05
6,867,268 10/127,322 03/15/05
6,867,287 10/233,857 03/15/05
6,867,292 09/434,708 03/15/05
6,867,296 10/414,606 03/15/05
6,867,301 10/744,366 03/15/05
6,867,308 10/246,760 03/15/05
6,867,312 10/802,690 03/15/05
6,867,313 10/035,251 03/15/05
6,867,317 10/328,843 03/15/05
6,867,321 10/744,733 03/15/05
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 21 |
6,867,322 10/070,740 03/15/05
6,867,326 10/031,234 03/15/05
6,867,332 10/624,493 03/15/05
6,867,334 09/971,852 03/15/05
6,867,337 10/668,978 03/15/05
6,867,347 09/766,154 03/15/05
6,867,356 10/364,036 03/15/05
6,867,360 10/386,624 03/15/05
6,867,369 10/402,580 03/15/05
6,867,371 10/421,592 03/15/05
6,867,376 10/417,603 03/15/05
6,867,381 10/814,994 03/15/05
6,867,382 10/775,921 03/15/05
6,867,386 10/663,473 03/15/05
6,867,400 10/064,623 03/15/05
6,867,402 10/819,915 03/15/05
6,867,403 10/397,386 03/15/05
6,867,405 10/305,001 03/15/05
6,867,413 10/177,749 03/15/05
6,867,414 10/424,351 03/15/05
6,867,419 10/112,451 03/15/05
6,867,421 09/222,092 03/15/05
6,867,424 10/295,621 03/15/05
6,867,429 10/687,782 03/15/05
6,867,436 10/635,088 03/15/05
6,867,450 10/644,415 03/15/05
6,867,451 09/469,190 03/15/05
6,867,458 10/084,925 03/15/05
6,867,462 10/636,653 03/15/05
6,867,478 10/410,175 03/15/05
6,867,489 10/349,131 03/15/05
6,867,498 10/766,637 03/15/05
6,867,508 10/134,534 03/15/05
6,867,514 10/935,381 03/15/05
6,867,520 09/848,789 03/15/05
6,867,521 10/474,498 03/15/05
6,867,530 10/467,727 03/15/05
6,867,531 10/292,112 03/15/05
6,867,548 10/782,164 03/15/05
6,867,559 10/415,539 03/15/05
6,867,560 10/400,497 03/15/05
6,867,562 10/388,603 03/15/05
6,867,570 10/362,379 03/15/05
6,867,579 10/381,072 03/15/05
6,867,581 09/857,551 03/15/05
6,867,583 10/292,593 03/15/05
6,867,592 10/425,445 03/15/05
6,867,601 10/616,352 03/15/05
6,867,603 10/310,126 03/15/05
6,867,605 10/341,564 03/15/05
6,867,607 10/053,818 03/15/05
6,867,609 10/373,820 03/15/05
6,867,611 10/802,961 03/15/05
6,867,612 10/218,378 03/15/05
6,867,632 10/648,475 03/15/05
6,867,635 09/735,439 03/15/05
6,867,639 10/648,603 03/15/05
6,867,654 10/601,217 03/15/05
6,867,669 10/601,463 03/15/05
6,867,672 10/483,395 03/15/05
6,867,674 09/554,921 03/15/05
6,867,675 09/788,443 03/15/05
6,867,677 10/153,869 03/15/05
6,867,680 09/609,578 03/15/05
6,867,686 09/592,224 03/15/05
6,867,690 10/066,988 03/15/05
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 22 |
6,867,692 10/351,869 03/15/05
6,867,703 10/431,660 03/15/05
6,867,709 09/913,565 03/15/05
6,867,727 10/794,544 03/15/05
6,867,737 10/648,715 03/15/05
6,867,741 10/154,580 03/15/05
6,867,743 10/417,237 03/15/05
6,867,744 10/122,399 03/15/05
6,867,746 10/453,474 03/15/05
6,867,755 09/844,275 03/15/05
6,867,785 10/187,660 03/15/05
6,867,787 09/524,251 03/15/05
6,867,791 10/390,641 03/15/05
6,867,802 09/838,853 03/15/05
6,867,804 09/698,473 03/15/05
6,867,832 09/897,909 03/15/05
6,867,834 10/088,357 03/15/05
6,867,845 10/033,081 03/15/05
6,867,849 09/866,600 03/15/05
6,867,855 10/356,479 03/15/05
6,867,861 10/097,416 03/15/05
6,867,885 09/735,943 03/15/05
6,867,886 10/096,464 03/15/05
6,867,887 09/304,565 03/15/05
6,867,889 10/686,881 03/15/05
6,867,893 10/291,816 03/15/05
6,867,895 10/702,457 03/15/05
6,867,903 09/812,759 03/15/05
6,867,904 10/417,020 03/15/05
6,867,907 10/183,366 03/15/05
6,867,910 10/132,081 03/15/05
6,867,925 09/585,576 03/15/05
6,867,937 10/212,361 03/15/05
6,867,939 09/888,896 03/15/05
6,867,951 09/614,945 03/15/05
6,867,952 10/345,881 03/15/05
6,867,987 10/461,933 03/15/05
6,867,991 10/613,245 03/15/05
6,868,012 10/246,708 03/15/05
6,868,031 10/456,530 03/15/05
6,868,035 10/288,963 03/15/05
6,868,044 10/353,529 03/15/05
6,868,098 09/504,896 03/15/05
6,868,101 09/269,145 03/15/05
6,868,102 10/244,481 03/15/05
6,868,106 10/001,954 03/15/05
6,868,107 10/390,255 03/15/05
6,868,109 09/794,068 03/15/05
6,868,114 09/919,121 03/15/05
6,868,124 09/886,693 03/15/05
6,868,141 10/227,256 03/15/05
6,868,145 09/694,975 03/15/05
6,868,158 10/333,224 03/15/05
6,868,161 09/694,990 03/15/05
6,868,165 09/302,407 03/15/05
6,868,166 09/677,777 03/15/05
6,868,183 09/528,117 03/15/05
6,868,184 10/422,972 03/15/05
6,868,194 09/683,371 03/15/05
6,868,197 10/354,708 03/15/05
6,868,203 10/647,341 03/15/05
6,868,211 10/352,623 03/15/05
6,868,215 10/422,740 03/15/05
6,868,218 10/183,273 03/15/05
6,868,241 10/617,052 03/15/05
6,868,242 10/397,011 03/15/05
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 23 |
6,868,245 10/391,584 03/15/05
6,868,255 09/503,966 03/15/05
6,868,256 09/954,643 03/15/05
6,868,258 09/845,048 03/15/05
6,868,260 09/811,879 03/15/05
6,868,265 10/122,274 03/15/05
6,868,275 09/922,052 03/15/05
6,868,285 10/296,894 03/15/05
6,868,290 10/428,700 03/15/05
6,868,295 09/794,684 03/15/05
6,868,300 10/380,217 03/15/05
6,868,315 10/292,806 03/15/05
6,868,334 10/212,462 03/15/05
6,868,337 10/145,839 03/15/05
6,868,342 09/977,054 03/15/05
6,868,345 10/239,772 03/15/05
6,868,352 10/420,616 03/15/05
6,868,361 10/628,287 03/15/05
6,868,366 10/662,321 03/15/05
6,868,371 09/303,409 03/15/05
6,868,375 09/680,544 03/15/05
6,868,389 09/484,861 03/15/05
6,868,390 09/679,068 03/15/05
6,868,391 09/047,533 03/15/05
6,868,392 09/350,818 03/15/05
6,868,397 09/580,536 03/15/05
6,868,400 09/610,903 03/15/05
6,868,415 10/073,975 03/15/05
6,868,425 09/515,037 03/15/05
6,868,438 10/067,332 03/15/05
6,868,443 09/392,585 03/15/05
6,868,454 09/564,047 03/15/05
6,868,462 09/951,584 03/15/05
6,868,465 10/248,429 03/15/05
6,868,471 09/551,799 03/15/05
6,868,475 10/026,880 03/15/05
6,868,518 09/905,661 03/15/05
6,868,521 10/386,837 03/15/05
6,868,524 09/425,132 03/15/05
6,868,541 09/218,060 03/15/05
6,868,547 09/700,141 03/15/05
6,868,548 09/929,009 03/15/05
6,868,549 10/043,503 03/15/05
PATENTS WHICH EXPIRED ON March 17, 2013
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
7,503,081 11/320,202 03/17/09
7,503,085 11/221,079 03/17/09
7,503,096 11/486,275 03/17/09
7,503,100 11/337,527 03/17/09
7,503,109 11/481,181 03/17/09
7,503,110 11/626,623 03/17/09
7,503,111 11/095,741 03/17/09
7,503,118 11/245,237 03/17/09
7,503,122 11/482,381 03/17/09
7,503,136 11/103,666 03/17/09
7,503,137 11/568,159 03/17/09
7,503,142 11/688,204 03/17/09
7,503,163 11/817,117 03/17/09
7,503,170 11/577,252 03/17/09
7,503,175 11/334,464 03/17/09
7,503,195 10/487,832 03/17/09
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 24 |
7,503,238 10/933,446 03/17/09
7,503,255 11/402,809 03/17/09
7,503,259 11/057,822 03/17/09
7,503,269 11/642,673 03/17/09
7,503,271 11/356,046 03/17/09
7,503,274 11/746,744 03/17/09
7,503,276 11/982,029 03/17/09
7,503,283 11/257,209 03/17/09
7,503,284 11/261,887 03/17/09
7,503,290 11/762,964 03/17/09
7,503,295 10/585,634 03/17/09
7,503,297 11/442,433 03/17/09
7,503,300 11/816,466 03/17/09
7,503,311 11/787,018 03/17/09
7,503,315 11/796,048 03/17/09
7,503,316 11/807,853 03/17/09
7,503,317 11/530,303 03/17/09
7,503,321 11/375,282 03/17/09
7,503,324 10/783,796 03/17/09
7,503,351 11/611,426 03/17/09
7,503,359 10/578,169 03/17/09
7,503,360 11/304,918 03/17/09
7,503,369 11/049,392 03/17/09
7,503,378 11/549,408 03/17/09
7,503,380 10/712,974 03/17/09
7,503,388 11/586,372 03/17/09
7,503,419 11/511,884 03/17/09
7,503,427 10/783,666 03/17/09
7,503,433 10/409,275 03/17/09
7,503,439 11/352,742 03/17/09
7,503,452 11/450,007 03/17/09
7,503,454 10/904,484 03/17/09
7,503,463 10/963,259 03/17/09
7,503,468 10/489,167 03/17/09
7,503,475 11/127,639 03/17/09
7,503,500 11/164,499 03/17/09
7,503,507 11/453,850 03/17/09
7,503,516 11/468,490 03/17/09
7,503,533 11/475,661 03/17/09
7,503,538 11/283,889 03/17/09
7,503,539 11/263,640 03/17/09
7,503,544 11/650,804 03/17/09
7,503,545 12/027,647 03/17/09
7,503,547 11/542,646 03/17/09
7,503,548 12/010,410 03/17/09
7,503,551 10/549,772 03/17/09
7,503,553 10/412,545 03/17/09
7,503,556 11/483,470 03/17/09
7,503,560 11/397,553 03/17/09
7,503,563 11/268,476 03/17/09
7,503,564 11/327,220 03/17/09
7,503,572 11/505,747 03/17/09
7,503,573 11/368,161 03/17/09
7,503,578 10/520,543 03/17/09
7,503,579 11/038,080 03/17/09
7,503,583 10/860,806 03/17/09
7,503,599 11/083,141 03/17/09
7,503,604 10/548,453 03/17/09
7,503,605 10/560,261 03/17/09
7,503,612 11/777,858 03/17/09
7,503,623 10/583,458 03/17/09
7,503,626 11/743,346 03/17/09
7,503,630 11/249,812 03/17/09
7,503,634 11/388,253 03/17/09
7,503,637 11/270,728 03/17/09
7,503,654 10/593,881 03/17/09
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 25 |
7,503,661 11/283,470 03/17/09
7,503,666 11/730,430 03/17/09
7,503,669 10/277,230 03/17/09
7,503,677 11/485,412 03/17/09
7,503,684 10/560,208 03/17/09
7,503,689 11/878,356 03/17/09
7,503,690 11/148,304 03/17/09
7,503,695 11/288,920 03/17/09
7,503,705 12/201,187 03/17/09
7,503,716 11/773,087 03/17/09
7,503,721 11/248,155 03/17/09
7,503,722 11/472,476 03/17/09
7,503,723 11/588,346 03/17/09
7,503,740 11/302,385 03/17/09
7,503,744 11/244,453 03/17/09
7,503,747 10/586,652 03/17/09
7,503,753 11/032,083 03/17/09
7,503,754 10/817,842 03/17/09
7,503,757 11/935,053 03/17/09
7,503,760 11/050,492 03/17/09
7,503,763 11/277,965 03/17/09
7,503,771 11/880,575 03/17/09
7,503,777 11/888,588 03/17/09
7,503,783 12/005,947 03/17/09
7,503,792 11/879,669 03/17/09
7,503,794 11/901,276 03/17/09
7,503,806 12/228,786 03/17/09
7,503,808 11/837,923 03/17/09
7,503,818 11/895,106 03/17/09
7,503,824 11/635,636 03/17/09
7,503,835 11/672,314 03/17/09
7,503,840 11/535,346 03/17/09
7,503,841 11/384,221 03/17/09
7,503,842 11/601,286 03/17/09
7,503,843 10/751,359 03/17/09
7,503,845 10/947,059 03/17/09
7,503,859 12/042,328 03/17/09
7,503,866 12/043,160 03/17/09
7,503,867 11/378,502 03/17/09
7,503,868 12/012,553 03/17/09
7,503,878 10/834,289 03/17/09
7,503,879 11/152,181 03/17/09
7,503,891 10/272,036 03/17/09
7,503,905 11/242,255 03/17/09
7,503,918 10/530,509 03/17/09
7,503,935 10/981,807 03/17/09
7,503,936 10/948,485 03/17/09
7,503,941 11/812,460 03/17/09
7,503,945 10/499,039 03/17/09
7,503,955 10/564,410 03/17/09
7,503,958 11/509,567 03/17/09
7,504,000 10/467,461 03/17/09
7,504,004 11/529,308 03/17/09
7,504,009 10/533,798 03/17/09
7,504,010 11/371,590 03/17/09
7,504,011 11/256,196 03/17/09
7,504,017 10/450,864 03/17/09
7,504,018 11/554,928 03/17/09
7,504,031 11/753,812 03/17/09
7,504,055 11/981,098 03/17/09
7,504,056 10/809,794 03/17/09
7,504,064 11/082,463 03/17/09
7,504,070 10/886,258 03/17/09
7,504,072 10/262,213 03/17/09
7,504,084 11/292,012 03/17/09
7,504,085 11/127,615 03/17/09
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 26 |
7,504,088 11/146,651 03/17/09
7,504,093 10/346,474 03/17/09
7,504,097 11/554,565 03/17/09
7,504,098 11/067,109 03/17/09
7,504,102 11/582,745 03/17/09
7,504,108 11/409,015 03/17/09
7,504,115 10/503,518 03/17/09
7,504,137 10/510,356 03/17/09
7,504,144 10/898,818 03/17/09
7,504,161 10/472,952 03/17/09
7,504,164 11/085,202 03/17/09
7,504,167 11/036,503 03/17/09
7,504,174 10/498,030 03/17/09
7,504,195 11/836,599 03/17/09
7,504,197 10/737,815 03/17/09
7,504,205 11/132,142 03/17/09
7,504,207 10/530,314 03/17/09
7,504,208 10/538,904 03/17/09
7,504,209 10/547,577 03/17/09
7,504,212 10/672,399 03/17/09
7,504,213 10/722,155 03/17/09
7,504,214 10/727,100 03/17/09
7,504,218 11/351,129 03/17/09
7,504,220 11/475,663 03/17/09
7,504,227 10/970,136 03/17/09
7,504,230 10/714,163 03/17/09
7,504,236 11/732,165 03/17/09
7,504,237 11/377,252 03/17/09
7,504,238 11/119,869 03/17/09
7,504,239 10/067,241 03/17/09
7,504,241 11/433,872 03/17/09
7,504,244 11/295,142 03/17/09
7,504,253 11/441,688 03/17/09
7,504,255 11/506,161 03/17/09
7,504,265 11/447,754 03/17/09
7,504,267 10/495,973 03/17/09
7,504,268 11/136,892 03/17/09
7,504,273 11/315,001 03/17/09
7,504,275 11/812,410 03/17/09
7,504,291 11/929,626 03/17/09
7,504,293 11/635,690 03/17/09
7,504,309 11/548,842 03/17/09
7,504,312 11/700,291 03/17/09
7,504,314 10/907,565 03/17/09
7,504,320 11/757,360 03/17/09
7,504,328 11/126,031 03/17/09
7,504,336 11/419,300 03/17/09
7,504,337 11/690,432 03/17/09
7,504,338 11/502,163 03/17/09
7,504,345 11/810,561 03/17/09
7,504,352 10/476,592 03/17/09
7,504,354 10/578,059 03/17/09
7,504,370 10/969,842 03/17/09
7,504,377 11/713,195 03/17/09
7,504,389 11/280,724 03/17/09
7,504,391 10/850,530 03/17/09
7,504,392 10/515,998 03/17/09
7,504,393 11/583,404 03/17/09
7,504,394 11/100,902 03/17/09
7,504,396 10/875,896 03/17/09
7,504,397 11/361,599 03/17/09
7,504,398 10/509,280 03/17/09
7,504,401 10/928,401 03/17/09
7,504,403 11/041,151 03/17/09
7,504,405 11/100,923 03/17/09
7,504,407 10/497,451 03/17/09
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 27 |
7,504,408 10/520,266 03/17/09
7,504,409 10/838,338 03/17/09
7,504,410 10/722,591 03/17/09
7,504,412 10/567,269 03/17/09
7,504,416 11/826,507 03/17/09
7,504,421 11/359,927 03/17/09
7,504,425 10/509,972 03/17/09
7,504,428 12/130,256 03/17/09
7,504,429 10/564,347 03/17/09
7,504,430 11/508,605 03/17/09
7,504,432 11/648,614 03/17/09
7,504,433 10/540,330 03/17/09
7,504,436 10/556,175 03/17/09
7,504,437 10/629,108 03/17/09
7,504,449 11/709,726 03/17/09
7,504,458 11/402,695 03/17/09
7,504,464 10/553,689 03/17/09
7,504,466 11/244,457 03/17/09
7,504,472 11/292,457 03/17/09
7,504,483 11/444,442 03/17/09
7,504,490 09/417,507 03/17/09
7,504,492 10/545,946 03/17/09
7,504,494 11/598,071 03/17/09
7,504,497 11/595,837 03/17/09
7,504,505 11/070,397 03/17/09
7,504,506 10/982,997 03/17/09
7,504,511 11/253,998 03/17/09
7,504,516 10/509,141 03/17/09
7,504,517 11/765,359 03/17/09
7,504,519 11/571,989 03/17/09
7,504,522 10/552,575 03/17/09
7,504,524 11/572,809 03/17/09
7,504,527 10/641,596 03/17/09
7,504,532 11/941,347 03/17/09
7,504,538 10/575,976 03/17/09
7,504,545 11/855,609 03/17/09
7,504,548 10/943,896 03/17/09
7,504,560 11/127,965 03/17/09
7,504,572 11/631,398 03/17/09
7,504,575 11/926,958 03/17/09
7,504,580 11/608,202 03/17/09
7,504,599 12/006,176 03/17/09
7,504,603 11/656,083 03/17/09
7,504,612 11/745,551 03/17/09
7,504,617 10/585,800 03/17/09
7,504,636 11/613,739 03/17/09
7,504,638 11/912,327 03/17/09
7,504,648 11/741,246 03/17/09
7,504,649 11/589,219 03/17/09
7,504,650 11/494,512 03/17/09
7,504,654 12/182,039 03/17/09
7,504,665 10/532,363 03/17/09
7,504,668 11/350,549 03/17/09
7,504,682 11/653,231 03/17/09
7,504,692 11/518,449 03/17/09
7,504,705 11/536,896 03/17/09
7,504,715 11/534,034 03/17/09
7,504,721 11/334,832 03/17/09
7,504,735 11/783,715 03/17/09
7,504,749 10/585,893 03/17/09
7,504,761 11/603,132 03/17/09
7,504,766 10/911,606 03/17/09
7,504,768 11/131,413 03/17/09
7,504,775 11/117,554 03/17/09
7,504,782 11/570,054 03/17/09
7,504,785 11/223,846 03/17/09
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 28 |
7,504,791 10/561,312 03/17/09
7,504,794 11/605,376 03/17/09
7,504,799 11/218,622 03/17/09
7,504,823 11/607,331 03/17/09
7,504,824 11/256,324 03/17/09
7,504,837 10/599,243 03/17/09
7,504,847 11/550,814 03/17/09
7,504,860 12/184,010 03/17/09
7,504,867 11/341,142 03/17/09
7,504,875 11/923,932 03/17/09
7,504,901 11/286,514 03/17/09
7,504,904 11/397,156 03/17/09
7,504,909 10/561,715 03/17/09
7,504,914 11/513,133 03/17/09
7,504,915 11/444,525 03/17/09
7,504,919 11/351,557 03/17/09
7,504,935 11/568,105 03/17/09
7,504,954 11/082,257 03/17/09
7,504,987 11/594,751 03/17/09
7,505,011 11/630,379 03/17/09
7,505,032 11/253,231 03/17/09
7,505,035 11/104,642 03/17/09
7,505,038 11/379,392 03/17/09
7,505,042 11/227,926 03/17/09
7,505,045 10/771,097 03/17/09
7,505,076 10/892,088 03/17/09
7,505,081 11/130,392 03/17/09
7,505,083 10/839,730 03/17/09
7,505,112 11/230,676 03/17/09
7,505,127 11/188,276 03/17/09
7,505,137 10/550,188 03/17/09
7,505,165 10/144,859 03/17/09
7,505,176 11/082,046 03/17/09
7,505,188 11/472,349 03/17/09
7,505,192 11/800,740 03/17/09
7,505,200 10/605,492 03/17/09
7,505,204 11/861,885 03/17/09
7,505,211 11/854,153 03/17/09
7,505,228 11/401,271 03/17/09
7,505,232 11/166,338 03/17/09
7,505,238 11/174,731 03/17/09
7,505,253 10/993,230 03/17/09
7,505,256 11/450,592 03/17/09
7,505,258 11/323,224 03/17/09
7,505,259 10/478,652 03/17/09
7,505,260 10/800,280 03/17/09
7,505,262 10/989,509 03/17/09
7,505,263 11/537,098 03/17/09
7,505,269 11/870,702 03/17/09
7,505,270 11/334,305 03/17/09
7,505,295 10/883,160 03/17/09
7,505,316 11/740,811 03/17/09
7,505,329 11/860,762 03/17/09
7,505,334 12/128,291 03/17/09
7,505,340 11/845,866 03/17/09
7,505,350 11/642,105 03/17/09
7,505,376 11/117,185 03/17/09
7,505,377 11/179,880 03/17/09
7,505,385 11/108,683 03/17/09
7,505,391 10/537,128 03/17/09
7,505,394 10/593,976 03/17/09
7,505,395 10/827,897 03/17/09
7,505,401 11/047,999 03/17/09
7,505,405 10/961,738 03/17/09
7,505,407 10/813,958 03/17/09
7,505,427 10/841,256 03/17/09
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 29 |
7,505,442 11/099,929 03/17/09
7,505,448 10/580,288 03/17/09
7,505,465 10/180,573 03/17/09
7,505,474 11/005,278 03/17/09
7,505,493 11/351,700 03/17/09
7,505,504 11/576,792 03/17/09
7,505,509 11/112,205 03/17/09
7,505,516 11/024,301 03/17/09
7,505,564 11/551,949 03/17/09
7,505,573 11/119,557 03/17/09
7,505,597 10/802,216 03/17/09
7,505,602 10/376,938 03/17/09
7,505,615 11/429,669 03/17/09
7,505,627 10/893,281 03/17/09
7,505,641 11/505,636 03/17/09
7,505,646 11/393,784 03/17/09
7,505,647 11/771,760 03/17/09
7,505,654 11/381,567 03/17/09
7,505,669 10/465,728 03/17/09
7,505,693 11/324,423 03/17/09
7,505,704 11/456,746 03/17/09
7,505,715 11/461,730 03/17/09
7,505,745 09/318,031 03/17/09
7,505,746 11/472,262 03/17/09
7,505,754 10/539,916 03/17/09
7,505,763 11/101,617 03/17/09
7,505,771 10/893,266 03/17/09
7,505,778 10/788,316 03/17/09
7,505,792 11/251,756 03/17/09
7,505,804 10/515,186 03/17/09
7,505,822 10/529,310 03/17/09
7,505,824 11/180,718 03/17/09
7,505,832 10/802,363 03/17/09
7,505,835 10/189,814 03/17/09
7,505,842 10/514,024 03/17/09
7,505,853 11/495,902 03/17/09
7,505,864 11/448,760 03/17/09
7,505,876 11/620,679 03/17/09
7,505,886 10/234,889 03/17/09
7,505,888 10/999,807 03/17/09
7,505,901 10/927,818 03/17/09
7,505,907 10/528,175 03/17/09
7,505,923 09/608,038 03/17/09
7,505,947 11/255,200 03/17/09
7,505,951 11/420,995 03/17/09
7,505,954 10/920,985 03/17/09
7,505,958 10/955,467 03/17/09
7,505,971 10/186,502 03/17/09
7,505,976 11/168,911 03/17/09
7,505,977 11/235,774 03/17/09
7,505,979 10/532,372 03/17/09
7,505,981 10/939,823 03/17/09
7,505,982 11/121,442 03/17/09
7,505,989 11/122,007 03/17/09
7,506,008 11/017,972 03/17/09
7,506,011 11/493,373 03/17/09
7,506,023 10/171,845 03/17/09
7,506,025 12/056,926 03/17/09
7,506,026 12/103,965 03/17/09
7,506,027 12/020,541 03/17/09
7,506,038 12/129,651 03/17/09
7,506,051 10/674,979 03/17/09
7,506,058 10/285,999 03/17/09
7,506,071 11/184,344 03/17/09
7,506,080 11/229,100 03/17/09
7,506,089 11/053,900 03/17/09
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 30 |
7,506,092 11/555,777 03/17/09
7,506,094 12/136,009 03/17/09
7,506,110 11/602,689 03/17/09
7,506,116 11/184,358 03/17/09
7,506,119 11/381,563 03/17/09
7,506,135 10/441,352 03/17/09
7,506,139 11/456,878 03/17/09
7,506,150 11/307,739 03/17/09
7,506,160 10/987,845 03/17/09
7,506,163 11/096,543 03/17/09
7,506,175 09/992,984 03/17/09
7,506,176 12/045,305 03/17/09
7,506,185 11/447,076 03/17/09
7,506,186 10/921,264 03/17/09
7,506,196 11/050,945 03/17/09
7,506,197 11/052,661 03/17/09
7,506,199 10/829,169 03/17/09
7,506,200 11/340,078 03/17/09
7,506,207 11/942,432 03/17/09
7,506,221 11/418,103 03/17/09
7,506,223 10/508,387 03/17/09
7,506,224 11/488,233 03/17/09
7,506,241 10/687,273 03/17/09
7,506,247 10/773,497 03/17/09
7,506,255 10/780,055 03/17/09
7,506,258 12/020,527 03/17/09
7,506,266 12/020,542 03/17/09
7,506,268 11/102,631 03/17/09
7,506,269 11/357,761 03/17/09
7,506,270 09/638,658 03/17/09
7,506,273 10/392,806 03/17/09
7,506,275 11/276,455 03/17/09
7,506,283 11/246,527 03/17/09
7,506,303 11/033,772 03/17/09
7,506,306 11/136,628 03/17/09
7,506,307 10/692,660 03/17/09
7,506,310 11/063,706 03/17/09
7,506,312 12/024,034 03/17/09
7,506,313 10/090,341 03/17/09
7,506,314 10/615,323 03/17/09
7,506,319 10/878,264 03/17/09
7,506,324 10/934,247 03/17/09
7,506,325 11/050,020 03/17/09
7,506,330 10/777,872 03/17/09
7,506,331 10/930,042 03/17/09
7,506,333 12/107,871 03/17/09
7,506,337 10/412,447 03/17/09
7,506,343 10/922,276 03/17/09
7,506,348 10/556,809 03/17/09
7,506,361 10/847,534 03/17/09
7,506,366 12/037,989 03/17/09
7,506,367 09/396,054 03/17/09
7,506,373 10/583,588 03/17/09
7,506,379 10/980,292 03/17/09
| Notice of Expiration of Trademark Registrations Due to Failure to Renew |
Notice of Expiration of Trademark Registrations
Due to Failure to Renew
15 U.S.C. 1059 provides that each trademark registration may be
renewed for periods of ten years from the end of the expiring period
upon payment of the prescribed fee and the filing of an acceptable
application for renewal. This may be done at any time within one year
before the expiration of the period for which the registration was
issued or renewed, or it may be done within six months after such
expiration on payment of an additional fee.
According to the records of the Office, the trademark registrations
listed below are expired due to failure to renew in accordance with 15
U.S.C. 1059.
TRADEMARK REGISTRATIONS WHICH EXPIRED
April 12, 2013
DUE TO FAILURE TO RENEW
Reg. Number Serial Number Reg. Date
1,713,550 74/174,456 09/08/1992
3,139,230 79/000,391 09/05/2006
3,139,231 79/000,875 09/05/2006
3,139,232 79/001,052 09/05/2006
3,015,758 79/002,147 11/15/2005
3,046,250 79/002,152 01/17/2006
3,011,566 79/002,153 11/01/2005
3,011,567 79/002,159 11/01/2005
2,940,258 79/002,160 04/12/2005
3,032,416 79/002,162 12/20/2005
2,963,488 79/002,169 06/21/2005
3,009,002 79/002,170 10/25/2005
1,714,244 74/038,729 09/08/1992
1,713,173 74/138,738 09/08/1992
1,714,059 74/169,922 09/08/1992
1,714,310 74/211,872 09/08/1992
1,714,220 74/215,681 09/08/1992
2,616,106 75/316,759 09/10/2002
2,618,458 75/405,860 09/10/2002
2,616,119 75/425,712 09/10/2002
2,616,123 75/456,693 09/10/2002
2,618,471 75/461,456 09/10/2002
2,618,482 75/524,617 09/10/2002
2,616,144 75/535,957 09/10/2002
2,616,146 75/548,462 09/10/2002
2,616,151 75/566,066 09/10/2002
2,619,078 75/566,688 09/10/2002
2,616,154 75/573,133 09/10/2002
2,618,497 75/606,447 09/10/2002
2,618,503 75/628,846 09/10/2002
2,618,504 75/631,369 09/10/2002
2,618,508 75/638,568 09/10/2002
2,616,177 75/646,405 09/10/2002
2,616,179 75/650,295 09/10/2002
2,618,524 75/683,408 09/10/2002
2,618,529 75/687,530 09/10/2002
2,616,192 75/692,402 09/10/2002
2,618,531 75/694,128 09/10/2002
2,618,537 75/706,268 09/10/2002
2,616,202 75/714,573 09/10/2002
2,618,562 75/769,683 09/10/2002
2,618,567 75/774,138 09/10/2002
2,616,231 75/774,492 09/10/2002
2,618,568 75/778,596 09/10/2002
2,616,245 75/796,515 09/10/2002
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 37 |
2,616,247 75/799,655 09/10/2002
2,616,251 75/806,047 09/10/2002
2,618,590 75/821,517 09/10/2002
2,618,596 75/832,067 09/10/2002
2,618,598 75/833,294 09/10/2002
2,616,275 75/836,348 09/10/2002
2,616,286 75/846,572 09/10/2002
2,616,290 75/851,027 09/10/2002
2,619,087 75/852,091 09/10/2002
2,616,291 75/854,027 09/10/2002
2,618,610 75/854,913 09/10/2002
2,618,611 75/854,917 09/10/2002
2,616,296 75/856,409 09/10/2002
2,616,297 75/857,338 09/10/2002
2,616,308 75/869,670 09/10/2002
2,616,309 75/869,723 09/10/2002
2,616,321 75/879,929 09/10/2002
2,616,333 75/888,467 09/10/2002
2,616,335 75/888,669 09/10/2002
2,616,346 75/894,756 09/10/2002
2,616,348 75/894,798 09/10/2002
2,618,643 75/903,222 09/10/2002
2,616,361 75/905,939 09/10/2002
2,616,364 75/907,498 09/10/2002
2,616,366 75/910,719 09/10/2002
2,616,383 75/925,805 09/10/2002
2,616,394 75/930,316 09/10/2002
2,618,661 75/932,666 09/10/2002
2,616,400 75/934,162 09/10/2002
2,616,412 75/941,103 09/10/2002
2,619,096 75/941,153 09/10/2002
2,616,415 75/942,474 09/10/2002
2,616,423 75/976,082 09/10/2002
2,616,425 75/981,187 09/10/2002
2,616,431 75/981,819 09/10/2002
2,618,672 75/982,416 09/10/2002
2,616,439 76/002,880 09/10/2002
2,618,679 76/005,806 09/10/2002
2,616,445 76/006,930 09/10/2002
2,616,449 76/008,833 09/10/2002
2,616,452 76/015,014 09/10/2002
2,618,688 76/016,416 09/10/2002
2,616,467 76/019,020 09/10/2002
2,618,694 76/025,769 09/10/2002
2,618,698 76/027,637 09/10/2002
2,616,477 76/030,326 09/10/2002
2,616,484 76/035,549 09/10/2002
2,616,485 76/036,933 09/10/2002
2,616,499 76/043,446 09/10/2002
2,618,710 76/048,819 09/10/2002
2,616,520 76/052,620 09/10/2002
2,619,106 76/054,888 09/10/2002
2,618,714 76/055,718 09/10/2002
2,616,525 76/061,673 09/10/2002
2,619,108 76/063,335 09/10/2002
2,616,528 76/063,811 09/10/2002
2,616,529 76/064,493 09/10/2002
2,619,109 76/066,193 09/10/2002
2,616,539 76/070,195 09/10/2002
2,616,555 76/074,283 09/10/2002
2,616,610 76/090,682 09/10/2002
2,616,627 76/095,555 09/10/2002
2,616,631 76/096,741 09/10/2002
2,616,632 76/096,849 09/10/2002
2,616,654 76/102,291 09/10/2002
2,619,115 76/102,899 09/10/2002
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 38 |
2,616,657 76/103,142 09/10/2002
2,616,664 76/104,962 09/10/2002
2,616,666 76/105,755 09/10/2002
2,616,680 76/109,093 09/10/2002
2,616,684 76/109,816 09/10/2002
2,616,695 76/113,461 09/10/2002
2,616,702 76/116,223 09/10/2002
2,616,703 76/116,589 09/10/2002
2,616,705 76/117,769 09/10/2002
2,618,765 76/119,308 09/10/2002
2,618,768 76/120,188 09/10/2002
2,616,728 76/123,807 09/10/2002
2,616,737 76/127,277 09/10/2002
2,616,742 76/128,213 09/10/2002
2,616,743 76/128,255 09/10/2002
2,618,778 76/129,591 09/10/2002
2,616,757 76/132,922 09/10/2002
2,616,759 76/133,067 09/10/2002
2,616,770 76/135,502 09/10/2002
2,616,771 76/135,503 09/10/2002
2,616,772 76/135,606 09/10/2002
2,618,784 76/139,000 09/10/2002
2,616,791 76/139,295 09/10/2002
2,616,793 76/139,936 09/10/2002
2,616,800 76/140,869 09/10/2002
2,618,792 76/142,197 09/10/2002
2,616,809 76/142,930 09/10/2002
2,619,119 76/146,396 09/10/2002
2,616,828 76/148,360 09/10/2002
2,618,799 76/149,745 09/10/2002
2,616,838 76/150,623 09/10/2002
2,616,839 76/150,709 09/10/2002
2,616,844 76/151,440 09/10/2002
2,616,850 76/151,816 09/10/2002
2,618,810 76/154,372 09/10/2002
2,616,867 76/154,389 09/10/2002
2,616,873 76/155,599 09/10/2002
2,616,874 76/155,851 09/10/2002
2,616,883 76/157,825 09/10/2002
2,616,897 76/160,989 09/10/2002
2,616,898 76/160,992 09/10/2002
2,616,902 76/161,874 09/10/2002
2,616,903 76/161,973 09/10/2002
2,616,908 76/163,744 09/10/2002
2,616,911 76/164,064 09/10/2002
2,618,825 76/168,365 09/10/2002
2,616,941 76/169,436 09/10/2002
2,616,945 76/170,055 09/10/2002
2,618,827 76/170,330 09/10/2002
2,616,949 76/170,717 09/10/2002
2,616,952 76/171,188 09/10/2002
2,616,954 76/171,405 09/10/2002
2,618,832 76/172,203 09/10/2002
2,616,956 76/172,275 09/10/2002
2,616,961 76/172,900 09/10/2002
2,619,124 76/173,733 09/10/2002
2,616,972 76/175,716 09/10/2002
2,616,975 76/176,061 09/10/2002
2,616,986 76/177,214 09/10/2002
2,616,987 76/177,235 09/10/2002
2,616,988 76/177,237 09/10/2002
2,616,989 76/177,301 09/10/2002
2,618,838 76/177,521 09/10/2002
2,616,994 76/177,755 09/10/2002
2,618,839 76/178,036 09/10/2002
2,618,844 76/179,432 09/10/2002
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
1390 OG 39 |
2,617,007 76/179,505 09/10/2002
2,618,846 76/180,473 09/10/2002
2,617,014 76/180,604 09/10/2002
2,617,022 76/181,070 09/10/2002
2,617,036 76/182,818 09/10/2002
2,618,848 76/183,496 09/10/2002
2,617,042 76/183,965 09/10/2002
2,617,043 76/184,027 09/10/2002
2,617,045 76/184,203 09/10/2002
2,617,049 76/184,449 09/10/2002
2,617,053 76/186,052 09/10/2002
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2,617,060 76/186,698 09/10/2002
2,618,853 76/186,910 09/10/2002
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2,618,857 76/188,631 09/10/2002
2,617,077 76/189,354 09/10/2002
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2,617,085 76/190,797 09/10/2002
2,617,086 76/190,911 09/10/2002
2,617,092 76/191,632 09/10/2002
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2,617,146 76/199,269 09/10/2002
2,617,152 76/200,173 09/10/2002
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2,618,876 76/202,110 09/10/2002
2,618,883 76/204,571 09/10/2002
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2,617,189 76/206,510 09/10/2002
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2,617,192 76/206,845 09/10/2002
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2,617,210 76/209,036 09/10/2002
2,617,211 76/209,251 09/10/2002
2,617,218 76/209,735 09/10/2002
2,617,219 76/209,796 09/10/2002
2,617,222 76/210,078 09/10/2002
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2,617,233 76/211,921 09/10/2002
2,617,245 76/213,284 09/10/2002
2,618,904 76/217,954 09/10/2002
2,617,286 76/218,120 09/10/2002
2,617,304 76/221,156 09/10/2002
2,619,132 76/221,302 09/10/2002
2,617,324 76/224,890 09/10/2002
2,617,340 76/226,539 09/10/2002
2,617,347 76/226,952 09/10/2002
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2,617,377 76/230,108 09/10/2002
2,618,915 76/230,262 09/10/2002
2,618,917 76/230,748 09/10/2002
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2,617,384 76/231,221 09/10/2002
2,618,920 76/232,943 09/10/2002
2,617,398 76/233,075 09/10/2002
2,617,431 76/238,676 09/10/2002
2,617,437 76/239,825 09/10/2002
2,617,440 76/240,091 09/10/2002
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2,617,459 76/242,178 09/10/2002
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2,617,706 76/279,771 09/10/2002
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2,618,960 76/284,308 09/10/2002
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2,617,752 76/287,720 09/10/2002
2,617,753 76/287,827 09/10/2002
2,617,755 76/288,039 09/10/2002
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2,617,764 76/289,482 09/10/2002
2,617,768 76/290,618 09/10/2002
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2,617,773 76/291,707 09/10/2002
2,617,776 76/291,797 09/10/2002
2,617,777 76/291,799 09/10/2002
2,617,823 76/298,640 09/10/2002
2,617,829 76/299,651 09/10/2002
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2,617,835 76/300,567 09/10/2002
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2,617,864 76/304,181 09/10/2002
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2,617,903 76/307,940 09/10/2002
2,617,906 76/308,089 09/10/2002
2,617,907 76/308,114 09/10/2002
2,617,909 76/308,644 09/10/2002
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2,617,924 76/311,617 09/10/2002
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2,618,974 76/314,500 09/10/2002
2,617,962 76/317,458 09/10/2002
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2,617,978 76/320,422 09/10/2002
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2,618,980 78/006,818 09/10/2002
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2,618,264 78/016,053 09/10/2002
2,619,001 78/027,727 09/10/2002
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2,618,295 78/047,330 09/10/2002
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2,618,329 78/059,555 09/10/2002
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2,618,359 78/069,846 09/10/2002
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2,618,388 78/082,613 09/10/2002
2,618,407 78/088,872 09/10/2002
2,618,411 78/093,058 09/10/2002
2,618,422 78/095,749 09/10/2002
2,618,424 78/096,799 09/10/2002
2,618,426 78/097,914 09/10/2002
2,619,183 78/100,526 09/10/2002
2,618,434 78/102,000 09/10/2002
| Changes to Implement the Patent Law Treaty |
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Parts 1 and 3
[Docket No. PTO-P-2013-0007]
RIN 0651-AC85
Changes To Implement the Patent Law Treaty
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Patent Law Treaties Implementation Act of 2012 (PLTIA)
amends the patent laws to implement the provisions of the Hague
Agreement Concerning International Registration of Industrial Designs
(Hague Agreement) in title I, and the Patent Law Treaty (PLT) in title
II. The PLT harmonizes and streamlines formal procedures pertaining to
the filing and processing of patent applications. This notice proposes
changes to the rules of practice for consistency with the changes in
the PLT and title II of the PLTIA. The United States Patent and
Trademark Office (Office) is implementing the Hague Agreement and title
I of the PLTIA in a separate rulemaking. The notable changes in the PLT
and title II of the PLTIA pertain to: (1) The filing date requirements
for a patent application; (2) the restoration of patent rights via the
revival of abandoned applications and acceptance of delayed maintenance
fee payments; and (3) the restoration of the right of priority to a
foreign application or the benefit of a provisional application via the
permitting of a claim to priority to a foreign application or the
benefit of a provisional application in a subsequent application filed
within two months of the expiration of the twelve-month period (six-
month period for design applications) for filing such a subsequent
application.
DATES: Comment Deadline Date: Written comments must be received on or
before June 10, 2013.
ADDRESSES: Comments should be sent by electronic mail message over the
Internet addressed to: AC85.comments@uspto.gov. Comments may also be
submitted by postal mail addressed to: Mail Stop Comments--Patents,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450,
marked to the attention of Robert W. Bahr, Senior Patent Counsel,
Office of Patent Examination Policy.
Comments may also be sent by electronic mail message over the
Internet via the Federal eRulemaking Portal. See the Federal
eRulemaking Portal Web site (http://www.regulations.gov) for additional
instructions on providing comments via the Federal eRulemaking Portal.
Although comments may be submitted by postal mail, the Office
prefers to receive comments by electronic mail message over the
Internet because sharing comments with the public is more easily
accomplished. Electronic comments are preferred to be submitted in
plain text, but also may be submitted in ADOBE[supreg] portable
document format or MICROSOFT WORD[supreg] format. Comments not
submitted electronically should be submitted on paper in a format that
facilitates convenient digital scanning into ADOBE[supreg] portable
document format.
The comments will be available for public inspection at the Office
of the Commissioner for Patents, currently located in Madison East,
Tenth Floor, 600 Dulany Street, Alexandria, Virginia. Comments also
will be available for viewing via the Office's Internet Web site
(http://www.uspto.gov). Because comments will be made available for
public inspection, information that the submitter does not desire to
make public, such as an address or phone number, should not be included
in the comments.
FOR FURTHER INFORMATION CONTACT: Robert W. Bahr, Senior Patent Counsel,
| May 7, 2013 |
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Office of Patent Examination Policy, at (571) 272-8090.
SUPPLEMENTARY INFORMATION:
Executive Summary: Purpose: The PLT harmonizes and streamlines
formal procedures pertaining to the filing and processing of patent
applications. Title II of the PLTIA amends the patent laws to implement
the provisions of the PLT. This notice proposes changes to the rules of
practice for consistency with the changes in the PLT and title II of
the PLTIA.
Summary of Major Provisions: The major changes in the PLT and title
II of the PLTIA pertain to: (1) The filing date requirements for a
patent application; (2) the restoration of patent rights via the
revival of abandoned applications and acceptance of delayed maintenance
fee payments; and (3) the restoration of the right of priority to a
foreign application or the benefit of a provisional application via the
permitting of a claim to priority to a foreign application or the
benefit of a provisional application in a subsequent application filed
within two months of the expiration of the twelve-month period (six-
month period for design applications) for filing such a subsequent
application.
The Office is specifically proposing to revise the rules of
practice pertaining to the filing date requirements for a patent
application to provide that a claim is not required for a
nonprovisional application (other than for a design patent) to be
entitled to a filing date (a claim is currently not required for a
provisional application to be entitled to a filing date). The Office is
also providing for the filing of a nonprovisional application ``by
reference'' to a previously filed application in lieu of filing the
specification and drawings. An application filed either without at
least one claim or ``by reference'' to a previously filed application
in lieu of the specification and drawings will be treated in a manner
analogous to the current provisions for treating an application that is
missing application components not required for a filing date under 35
U.S.C. 111(a) (37 CFR 1.53(f)), in that the applicant will be given a
period of time within which to supply a claim and/or claims or a copy
of the specification and drawings of the previously filed application.
The Office is also proposing to revise the rules of practice
pertaining to the revival of abandoned applications (37 CFR 1.137) and
acceptance of delayed maintenance fee payments (37 CFR 1.378) to
provide for the revival of abandoned applications and acceptance of
delayed maintenance fee payments solely on the basis of
"unintentional" delay. The PLTIA eliminates the provisions of the
patent statutes relating to revival of abandoned applications or
acceptance of delayed maintenance fee payments on the basis of a
showing of "unavoidable" delay.
The Office is also proposing to revise the rules of practice
pertaining to priority and benefit claims to provide for the
restoration of the right of priority to a prior-filed foreign
application and restoration of the right to benefit of a prior-filed
provisional application. The Office is providing with respect to the
right of priority to a prior-filed foreign application that if the
subsequent application is filed after the expiration of the twelve-
month period (six-month period in the case of a design application) set
forth in 35 U.S.C. 119(a), but within two months from the expiration of
the twelve-month period (six-month period in the case of a design
application), the right of priority in the subsequent application may
be restored upon petition and payment of the applicable fee if the
delay in filing the subsequent application within the twelve- or six-
month period was unintentional. The Office is providing with respect to
benefit of a prior-filed provisional application that if the subsequent
application is filed after the expiration of the twelve-month period set
forth in 35 U.S.C. 119(e), but within two months from the expiration of
the twelve-month period, the benefit of the provisional application may
be restored upon petition and payment of the applicable fee if the delay
in filing the subsequent application within the twelve-month period was
unintentional.
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The Office is also proposing to revise the patent term adjustment
rules to provide for a reduction of any patent term adjustment if an
application is not in condition for examination within eight months of
its filing date (or date of commencement of national stage in an
international application). The PLT and PLTIA provide applicants with
additional opportunities to delay the examination process (e.g., the
ability to file an application without any claims and to file an
application merely by reference to a previously filed application).
This proposed change to the patent term adjustment rules is to avoid
the situation in which an applicant obtains patent term adjustment as a
consequence of the applicant's taking advantage of the additional
opportunities to delay the examination process provided by the PLT and
PLTIA.
Costs and Benefits: This rulemaking is not economically significant
under Executive Order 12866 (Sept. 30, 1993).
Background: The PLT was concluded on June 1, 2000, and entered into
force on April 28, 2005. The PLT harmonizes and streamlines formal
procedures pertaining to the filing and processing of patent
applications. With the exception of the filing date requirements
specified in PLT Article 5, the PLT specifies maximum form and content
requirements that an Office that is a party to the PLT (a Contracting
Party) may apply, in that a Contracting Party is free to provide for
requirements that are more permissive from the viewpoint of applicants
and patent owners. The PLT does not apply to design, plant,
provisional, or reissue applications. See PLT Art. 3 (the PLT applies
to the types of applications that are permitted to be filed as
international applications under the Patent Cooperation Treaty). The
PLT Articles and Regulations under the PLT are available on the World
Intellectual Property Organization (WIPO) Internet Web site
(www.wipo.int).
The United States Senate ratified the PLT on December 7, 2007. The
PLT did not enter into force in the United States upon ratification in
2007 as the PLT is not a self-executing treaty. See Patent Law Treaty
and Regulations under Patent Law Treaty, Executive Report 110-6 at 3-4
(2007). Legislation (title II of the PLTIA) to amend the provisions of
title 35, United States Code, to implement the PLT was enacted on
December 18, 2012. See Public Law 112-211, sections 201 through 203,
126 Stat. 1527, 1533-37 (2012). The changes in title II (sections 201
through 203) of the PLTIA are divided into three groups: (1) The
changes pertaining to a patent application filing date; (2) the changes
pertaining to the revival of abandoned applications and acceptance of
delayed maintenance fee payments; and (3) the changes pertaining to the
restoration of the right of priority application to a foreign
application or the benefit of a provisional application. See id. The
major provisions of the PLT and title II of the PLTIA are as follows:
PLT Article 5 sets forth the requirements for obtaining a filing
date. PLT Article 5(1) provides that a filing date will be accorded to
an application upon compliance with three formal requirements: (1) An
indication that the elements received by the Office are intended to be
an application for a patent for an invention; (2) indications that
would allow the Office to identify and to contact the applicant; and
(3) a part which appears to be a description of the invention. No
additional elements (such as a claim or a drawing) can be required for
a filing date to be accorded to an application. Pre-PLTIA 35 U.S.C.
111(a) provides that the filing date of an application shall be the
date on which "the specification and any required drawing" are
received in the Office, and thus requires that an application contain a
drawing where necessary for an understanding of the invention (35
U.S.C. 113 (first sentence)) and at least one claim to be entitled to a
filing date. See Baxter Int'l, Inc. v. McGaw, Inc., 149 F.3d 1321, 1333
(Fed. Cir. 1998) (both statute and regulation make clear the
requirement that an application for a patent must include, inter alia,
a specification containing claims and a drawing, and the omission of
any of these component parts makes a patent application incomplete and
thus not entitled to a filing date). Section 201(a) of the PLTIA amends
35 U.S.C. 111(a) to provide that the filing date of an application
| May 7, 2013 |
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(other than for a design patent) is the date on which a specification,
"with or without claims," is received in the Office. See 126 Stat. at
1533.
PLT Article 5(1)(b) permits a Contracting Party to accept a drawing
as a description of the invention in appropriate circumstances. This is
considered to be consistent with current jurisprudence in the United
States and thus no change in that regard is necessary. See Vas-Cath
Inc. v. Mahurkar, 935 F.2d 1555, 1565 (Fed. Cir. 1991) ("under proper
circumstances, drawings alone may provide a `written description' of an
invention as required by [35 U.S.C.] 112").
PLT Article 5 and PLTIA 35 U.S.C. 111(a) specify the formal
requirements necessary for an application to be entitled to a filing
date, and compliance with these requirements ensures only that the
disclosure present upon filing in the application will be entitled to a
filing date. An application whose disclosure satisfies only the
requirements of 35 U.S.C. 111(a) to be entitled to a filing date may
nonetheless not meet the requirements of 35 U.S.C. 112 and 113
necessary for the applicant to be entitled to a patent for any claimed
invention presented in the application, or even for the application to
effectively serve as a priority or benefit application for an
application subsequently filed in the United States or abroad.
Therefore, the ability to file an application without a claim or
drawing should be viewed as a safeguard against the loss of a filing
date due to a technicality and not as a best practice.
PLT Article 5(2) permits the description of the invention to be
filed in any language.
As discussed previously, the filing date requirements in PLT
Article 5 are not simply the maximum requirements but constitute the
absolute requirements for an application to be accorded a filing date.
See PLT Art. 2(1).
Finally, as discussed previously, the PLT does not apply to design
applications. Section 202(a) of the PLTIA amends 35 U.S.C. 171 to
provide that the filing date of an application for design patent shall
be the date on which the specification as prescribed by 35 U.S.C. 112
and any required drawings are filed. See 126 Stat. at 1535. Therefore,
a design application must contain a claim and any required drawings to
be entitled to a filing date.
35 U.S.C. 111(a) currently provides that the fee and oath or
declaration may be submitted after the specification and any required
drawing are submitted, within such period and under such conditions,
including the payment of a surcharge, as may be prescribed by the
Director, and that upon failure to submit the fee and oath or
declaration within such prescribed period, the application shall be
regarded as abandoned. See 35 U.S.C. 111(a)(3) and (a)(4). Section
201(a) of the PLTIA amends 35 U.S.C. 111(a)(3) and (a)(4) to provide
that the fee, oath or declaration, and claim or claims may be submitted
after the filing date of the application, within such period and under
such conditions, including the payment of a surcharge, as may be
prescribed by the Office, and that upon failure to submit the fee, oath
or declaration, and claim or claims within the period prescribed by the
Office, the application shall be regarded as abandoned. See 126 Stat. at
1533.
Section 201(a) of the PLTIA further amends 35 U.S.C. 111 to: (1)
more closely align the corresponding provisions for nonprovisional
applications in 35 U.S.C. 111(a) and provisional applications in 35
U.S.C. 111(b); (2) more clearly distinguish the filing date
requirements in those sections from the more substantive requirements
of 35 U.S.C. 112 and 113; and (3) delete the reference to the
"unavoidable or unintentional" standard in favor of an
"unintentional" standard in new 35 U.S.C. 27. See id.
PLT Article 5(6) pertains to applications containing a missing part
of the description or a missing drawing. PLT Article 5(6)(a) provides
that if the missing part of the description or a missing drawing is
timely filed, the filing date of the application shall be the date on
which the Office has received that part of the description or that
drawing. PLT Article 5(6)(c) provides that if the missing part of the
| May 7, 2013 |
US PATENT AND TRADEMARK OFFICE |
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description or the missing drawing is timely withdrawn by the
applicant, the filing date of the application shall be the date on
which the applicant complied with requirements provided for in PLT
Article 5(1) and (2). PLT Article 5(6)(b) provides that where a prior-
filed application contains the missing part of the description and/or
missing drawing, the application as filed claims the priority to the
prior-filed application, and the applicant timely files a copy of the
prior-filed application (and translation if necessary), the filing date
of the application (including the missing part of the description and/
or missing drawing) shall be the date on which the applicant complied
with requirements provided for in PLT Article 5(1) and (2). The
Office's procedures concerning the handling of applications containing
a missing part of the description or a missing drawing are set forth in
MPEP 601.01(d) (applications filed without all pages of the
specification) and 601.01(g) (applications filed without all figures of
drawings).
PLT Article 5(7) provides that a reference to a previously filed
application, made upon the filing of the application, shall replace the
description and any drawings of the application for purposes of the
filing date of the application. PLT Rule 2(5) requires that this
reference to the previously filed application indicate that, for the
purposes of the filing date, the description and any drawings of the
application are replaced by the reference to the previously filed
application, and also indicate the application number and Office with
which the previously filed application was filed. PLT Rule 2(5) further
provides that a Contracting Party may require that: (1) a copy of the
previously filed application and a translation of the previously filed
application (if not in a language accepted by the Office) be filed with
the Office within a time limit of not less than two months from the
date on which the application containing the reference was received by
the Office; and (2) a certified copy of the previously filed
application be filed with the Office within a time limit of not less
than four months from the date on which the application containing the
reference was received by the Office.
Section 201(a) of the PLTIA amends 35 U.S.C. 111 to provide for
this reference filing in a new 35 U.S.C. 111(c). New 35 U.S.C. 111(c)
provides that a reference made upon the filing of an application to a
previously filed application shall, as prescribed by the Office,
constitute the specification and any drawings of the subsequent
application for purposes of a filing date. See 126 Stat. at 1533-34.
New 35 U.S.C. 111(c) specifically provides that the Director may
prescribe the conditions, including the payment of a surcharge, under
which a reference made upon the filing of an application under 35
U.S.C. 111(a) to a previously filed application, specifying the
previously filed application by application number and the intellectual
property authority or country in which the application was filed, shall
constitute the specification and any drawings of the subsequent
application for purposes of a filing date. See 126 Stat. at 1533. New
35 U.S.C. 111(c) further provides that a copy of the specification and
any drawings of the previously filed application shall be submitted
within such period and under such conditions as may be prescribed by
the Director, and that a failure to submit the copy of the
specification and any drawings of the previously filed application
within the prescribed period shall result in the application being
regarded as abandoned. See 126 Stat. at 1533-34. New 35 U.S.C. 111(c)
finally provides that such an abandoned application shall be treated as
having never been filed, unless: (1) the application is revived under
35 U.S.C. 27; and (2) a copy of the specification and any drawings of
the previously filed application are submitted to the Director. See 126
Stat. at 1534.
PLT Article 6 standardizes application format requirements by
providing that a Contracting Party may not impose form or content
requirements different from or in addition to the form and content
requirements provided for in the Patent Cooperation Treaty (PCT), or
permitted by the PCT for international applications during national
processing or examination, or as prescribed in the PLT Regulations. The
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United States has taken a reservation with respect to PLT Article 6, in
that PLT Article 6(1) shall not apply to any requirement relating to
unity of invention applicable under the PCT to an international
application. See Patent Law Treaty and Regulations under Patent Law
Treaty, Executive Report 110-6 at 6 (2007). The Office appreciates that
patent stakeholders prefer that the Office move from the "independent
and distinct" restriction standard of 35 U.S.C. 121 to the "unity of
invention" standard of PCT Rule 13. The Office is in the process of
studying the changes to the patent statute, regulations, examination
practices, and filings fees that would be necessary to move from the
"independent and distinct" restriction standard of 35 U.S.C. 121 to
the "unity of invention" standard of PCT Rule 13 in a practical
manner.
The PLT further provides for the establishment of standardized
Model International Forms, which will have to be accepted by all
Contracting Parties. The following Model International Forms have been
established under the PLT: (1) Model International Request Form; (2)
Model International Power of Attorney Form; (3) Model International
Request for Recordation of Change in Name or Address Form; (4) Model
International Request for Correction of Mistakes Form; (5) Model
International Request for Recordation of Change in Applicant or Owner
Form; (6) Model International Certificate of Transfer Form; (7) Model
International Request for Recordation of a License/Cancellation of the
Recordation of a License Form; and (8) Model International Request for
Recordation of a Security Interest/Cancellation of the Recordation of a
Security Interest Form.
PLT Articles 6, 7, and 8 provide for simplified procedures, such as
exceptions from mandatory representation for certain actions,
restrictions on requiring evidence on a systematic basis, permitting a
single communication for more than one application or patent from the
same person in certain situations (e.g., powers of attorney), and
restrictions on the requirement to submit a copy and any necessary
translation of an earlier application.
PLT Rule 7(2)(b) specifically provides that a single power of
attorney is sufficient even where it relates to more than one
application or patent of the same person, and also that a power of
attorney will be sufficient where it relates to future applications of
such person. PLT Rule 7(2)(b) permits the Office to require a separate
copy of the power of attorney be filed in each application and patent
to which it relates. The Office permits a single power of attorney for
multiple applications or patents of the same person, but requires a
separate copy of the power of attorney be filed in each application or
patent to which it relates. See 37 CFR 1.4(b). A person may give a
power of attorney that is not specific to an application or patent,
similar to the General Power of Attorney used in PCT practice (general
power of attorney), and a practitioner having authority from such
person may submit a copy of the general power of attorney in any
application or patent of that person.
PLT Articles 11, 12, and 13 provide procedures to avoid the loss of
substantive rights as a result of an unintentional failure to comply
with formality requirements or time periods.
PLT Article 11 requires a Contracting Party to provide for either
extensions of time (or an alternative to reinstate the applicant or
owner's rights) for time limits fixed by the Contracting Party. The PLT
distinguishes between time limits fixed by applicable law and time
limits fixed by the Contracting Party. A time limit is fixed by
applicable law when the time limit is provided for in a statute (e.g.,
the three-month period in 35 U.S.C. 151) or regulation (e.g., the
three-month period in 37 CFR 1.85(c)). A time limit is fixed by the
Contracting Party when the applicable statute or regulation provides
for a time period to be set, but does not specify the time limit itself
(e.g., 35 U.S.C. 133, 37 CFR 1.53(f)(1), or 37 CFR 1.134). While many
time limits fixed by regulation are extendable (e.g., 37 CFR
1.53(f)(1), and 1.137(e)), PLT Article 11 applies only to time limits
that are not fixed by statute or regulation.
PLT Article 12 provides for reinstatement of rights on the basis of
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unintentional delay (or alternatively if the failure occurred in spite
of due care). Section 201(b) of the PLTIA adds a new section 27 to
title 35. New 35 U.S.C. 27 provides that the Director may establish
procedures, including the payment of a surcharge, to revive an
unintentionally abandoned application for patent, accept an
unintentionally delayed payment of the fee for issuing each patent, or
accept an unintentionally delayed response by the patent owner in a
reexamination proceeding, upon petition by the applicant for patent or
patent owner. See 126 Stat. at 1534. As discussed previously, the PLTIA
eliminates the provisions of the patent statutes relating to revival or
acceptance of delayed maintenance fee payments on the basis of a
showing of "unavoidable" delay. Thus, the PLTIA provides a single
standard (unintentional delay) for reviving abandoned applications,
accepting delayed issue fee and maintenance fee payments, and accepting
delayed responses by the patent owner in a reexamination proceeding.
Section 202(b)(1)(A) of the PLTIA amends 35 U.S.C. 41(a)(7) to
provide that the Office shall charge $1,700.00 on filing each petition
for the revival of an abandoned application for a patent, for the
delayed payment of the fee for issuing each patent, for the delayed
response by the patent owner in any reexamination proceeding, for the
delayed payment of the fee for maintaining a patent in force, for the
delayed submission of a priority or benefit claim, or for the extension
of the twelve-month period for filing a subsequent application. See 126
Stat. at 1535. Section 202(b)(1)(A) of the PLTIA also amends 35 U.S.C.
41(a)(7) to provide that the Director may refund any part of this fee
in exceptional circumstances as determined by the Director. See id.
Section 202(b)(1)(B) of the PLTIA also amends 35 U.S.C. 41(c)(1) to
conform procedures for the late payment of maintenance fees to those
provided in new 35 U.S.C. 27. Section 202(b)(1)(B) of the PLTIA
specifically amends 35 U.S.C. 41(c)(1) to delete the twenty-four month
time limit for unintentionally delayed maintenance fee payments and the
reference to an unavoidable standard. PLTIA 35 U.S.C. 41(c)(1) provides
that: (1) The Director may accept the payment of any maintenance fee
required by 35 U.S.C. 41(b) after the six-month grace period if the
delay is shown to the satisfaction of the Director to have been
unintentional; (2) the Director may require the payment of the fee
specified in 35 U.S.C. 41(a)(7) as a condition of accepting payment of
any maintenance fee after the six-month grace period; and (3) if the
Director accepts payment of a maintenance fee after the six-month grace
period, the patent shall be considered as not having expired at the end
of the grace period (subject to the current intervening rights
provision of 35 U.S.C. 41(c)(2)). See 126 Stat. at 1535-36.
Section 202(b) of the PLTIA also amends 35 U.S.C. 122(b)(2)(B)(iii),
133, 151, 364(b), and 371(d) to delete the reference to an unavoidable
standard in light of new 35 U.S.C. 27. See 126 Stat. at 1536.
Section 202(b)(6) of the PLTIA also amends 35 U.S.C. 151 to delete
the third and fourth paragraphs pertaining to the lapsed patent
practice. See id.
PLT Article 13 provides for the restoration of the right of
priority where there is a failure to timely claim priority to the prior
application, and also where there is a failure to file the subsequent
application within twelve months of the filing date of the priority
application. Section 201(c) of the PLTIA amends 35 U.S.C. 119 to
provide that the twelve-month periods set forth in 35 U.S.C. 119(a) and
(e) may be extended by an additional two months if the delay in filing
an application claiming priority to a foreign application or the
benefit of a provisional application within the twelve-month period was
unintentional. Section 201(c) of the PLTIA also amends 35 U.S.C. 119(a)
and 365(b) to provide for unintentionally delayed claims for priority
under the PCT and the Regulations under the PCT, and priority claims to
an application not filed within the priority period specified in the
PCT and the Regulations under the PCT but filed within the additional
two-month period.
Section 201(c) of the PLTIA specifically amends 35 U.S.C. 119(a) by
adding that the Director may prescribe regulations, including the
requirement for payment of the fee specified in 35 U.S.C. 41(a)(7),
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pursuant to which the twelve-month period set forth in 35 U.S.C. 119(a)
may be extended by an additional two months if the delay in filing the
application in the United States within the twelve-month period was
unintentional. See 126 Stat. at 1534.
Section 201(c) of the PLTIA specifically amends 35 U.S.C. 119(e)(1)
by adding that the Director may prescribe regulations, including the
requirement for payment of the fee specified in 35 U.S.C. 41(a)(7),
pursuant to which the twelve-month period set forth in 35 U.S.C. 119(e)
may be extended by an additional two months if the delay in filing the
application under 35 U.S.C. 111(a) or 363 within the twelve-month
period was unintentional. See id.
Section 201(c) of the PLTIA amends 35 U.S.C. 119(e)(3) by adding
that for an application for patent filed under 35 U.S.C. 363 in a
Receiving Office other than the United States Patent and Trademark Office,
the twelve-month and additional two-month period set forth in 35 U.S.C.
119(e) shall be extended as provided under the PCT and PCT Regulations.
See 126 Stat. at 1534-35.
Section 201(c) of the PLTIA amends 35 U.S.C. 365(b) by adding that
the Director may establish procedures, including the requirement for
payment of the fee specified in 35 U.S.C. 41(a)(7), to accept an
unintentionally delayed claim for priority under the PCT and PCT
Regulations, and to accept a priority claim that pertains to an
application that was not filed within the priority period specified in
the PCT and PCT Regulations, but was filed within the additional two-
month period specified under 35 U.S.C. 119(a) or the PCT or PCT
Regulations. See 126 Stat. at 1535.
Sections 201(c) and 202(b)(2) and (b)(3) of the PLTIA amend 35
U.S.C. 119(b), 119(e), and 120 to change the phrase "including the
payment of a surcharge" in the provision pertaining to the submission
of delayed priority or benefit claims to "including the requirement
for payment of the fee specified in [35 U.S.C.] 41(a)(7)." See 126
Stat. at 1534 and 1536.
PLT Article 14 and PLT Rules 15, 16, and 17 pertain to requests for
a change in the applicant's or owner's name or address, requests for a
change in the applicant or owner (e.g., due to an assignment), requests
for recordation of a license or a security interest, and requests for
correction of a mistake.
35 U.S.C. 261 currently provides that: "Subject to the provisions
of this title, patents shall have the attributes of personal
property." Section 201(d) of the PLTIA amends 35 U.S.C. 261, first
paragraph, by adding: "The [United States] Patent and Trademark Office
shall maintain a register of interests in applications for patents and
patents and shall record any document related thereto upon request, and
may require a fee therefor." See 126 Stat. at 1535. Section 201(d) of
the PLTIA also amends 35 U.S.C. 261, fourth paragraph, to read as
follows: "An interest that constitutes an assignment, grant or
conveyance shall be void as against any subsequent purchaser or
mortgagee for a valuable consideration, without notice, unless it is
recorded in the [United States] Patent and Trademark Office within
three months from its date or prior to the date of such subsequent
purchase or mortgage." See id.
PLT Rule 15(3)(b) provides that a single request for recordation of
a change in the name and/or address of the applicant or owner is
sufficient even where it relates to more than one application or patent
of the same person, but also permits the Office to require a separate
copy of the request for each application and patent to which it
relates. PLT Rules 16(5) and 17(5) provide that a single request for
recordation of a change in the applicant or owner and a single request
for recordation of a license or security interest is sufficient even
where it relates to more than one application or patent of the same
person, but also permits the Office to require a separate copy of the
request for each application and patent to which it relates. The Office
will permit a single request for recordation of a change in the name
and/or address of the applicant or owner, single request for
recordation of a change in the applicant or owner, and a single request
for recordation of a license or security interest power of attorney for
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multiple applications or patents of the same person, but will require
that a separate copy of such a request for each application and patent
to which it relates. See 37 CFR 1.4(b).
PLT Rule 18(3) provides that a single request for correction of a
mistake is sufficient even where it relates to more than one
application or patent of the same person, provided that the mistake and
correction are common to all applications or patents concerned, but
also permits the Office to require a separate copy of the request for
each application and patent to which it relates. The Office will permit
a single request for correction of a mistake to more than one
application or patent of the same person, provided that the mistake and
correction are common to all applications or patents concerned, but
will require a separate copy of such a request for each application and
patent to which it relates. See 37 CFR 1.4(b).
Section 203(a) provides that the amendments made by title II of the
PLTIA take effect on December 18, 2013 (the date that is one year after
the date of the enactment of the PLTIA) and apply to: (1) any patent
issued before, on, or after December 18, 2013; and (2) any application
for patent that is pending on or filed after December 18, 2013. See 126
Stat. at 1536. Section 203(b) provides that the amendments to 35 U.S.C.
111 made by title II of the PLTIA apply only to applications that are
filed on or after December 18, 2013. Section 203(b) also provides that
the amendments made by title II of the PLTIA shall have no effect with
respect to any patent that is the subject of litigation in an action
commenced before December 18, 2013. See 126 Stat. at 1537.
Discussion of Specific Rules
The following is a discussion of proposed amendments to Title 37 of
the Code of Federal Regulations, Part 1.
Section 1.4: Section 1.4(c) is proposed to be amended to provide
that subjects provided for on a single Office or WIPO form may be
contained in a single paper. This provision is to clarify that subjects
that are provided for on a single Office or WIPO form are not
considered separate subjects for purposes of § 1.4(c) (which thus
must be contained in separate papers).
Section 1.4(d) is proposed to be amended to implement the signature
provisions of PLT Rule 9(4) concerning electronic communications. PLT
Rule 9(4) provides that where an Office permits the filing of
communications in electronic form or by electronic means of
transmittal, it shall consider such a communication signed if a graphic
representation of a signature accepted by that Office appears on that
communication as received by the Office. Section 1.4(d) is specifically
proposed to be amended to provide that correspondence permitted via the
Office electronic filing system may be signed by a graphic
representation of a handwritten signature as provided for in § 1.4(d)(1)
or a graphic representation of an S-signature as provided for in
§ 1.4(d)(2) when it is submitted via the Office electronic filing system.
Section 1.16: Section 1.16(f) is proposed to be amended to provide
that it is also applicable to an application that does not contain at
least one claim on the filing date of the application and to an
application filed by reference to a previously filed application under
§ 1.57(a). See discussion of §§ 1.53 and 1.57.
Section 1.17: Section 1.17(f) is proposed to be amended for
consistency with the proposed change to § 1.57. See discussion of
§ 1.57.
Section 1.17(m) is proposed to be amended to implement the change
to 35 U.S.C. 41(a)(7), 41(c)(1), 119, 120 and 365 in section 202(b) of
the PLTIA. Section 202(b)(1)(A) of the PLTIA amends 35 U.S.C. 41(a)(7)
to provide that the Office shall charge $1,700.00 ($850.00 small
entity) on filing each petition for the revival of an abandoned
application for a patent, for the delayed payment of the fee for
issuing each patent, for the delayed response by the patent owner in
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any reexamination proceeding, for the delayed payment of the fee for
maintaining a patent in force, for the delayed submission of a priority
or benefit claim, or for the extension of the twelve-month period for
filing a subsequent application. Sections 202(b)(1)(B), 202(b)(2) and
202(b)(3) of the PLTIA amend 35 U.S.C. 41(c)(1), 119, and 120 to replace
"payment of a surcharge" with "payment of the fee specified in section
41(a)(7)." Section 1.17(m) does not include a micro entity fee amount as
this fee is set under 35 U.S.C. 41(a)(7) as amended by 202(b)(1)(A) of
the PLTIA and not section 10(a) of the Leahy-Smith America Invents Act
(AIA). Section 10(b) of the AIA provides that the micro entity discount
applies to fees set under section 10(a) of the AIA. See Pub. L. 112-29,
125 Stat. 284, 316-17 (2011). The fee specified in § 1.17(m) will have a
micro entity amount when patent fees are again set under section 10(a) of
the AIA.
Section 1.17(p) is proposed to be amended and § 1.17(o) is
proposed to be added to provide for information disclosure statements
under §§ 1.97(c) or (d) in § 1.17(p) and for third-party
submissions under § 1.290 in § 1.17(o). Section 1.17(p)
currently provides for both information disclosure statements under
§§ 1.97(c) or (d) and third-party submissions under § 1.290,
which may cause confusion as a third party is not eligible for
the micro entity discount. Thus, § 1.17(p) as proposed provides for
information disclosure statements under §§ 1.97(c) or (d) and
includes both a small entity and micro entity discount, and §
1.17(o) as proposed provides for third-party submissions under § 1.290
and includes only a small entity discount.
Sections 1.17(l) and 1.17(t) are proposed to be removed in view of
the change to 35 U.S.C. 41(a)(7), 119, and 120 in section 202(b) of the
PLTIA.
Section 1.20: Section 1.20(i) is proposed to be removed in view of
the change to 35 U.S.C. 41(a)(7) and 41(c)(1) in section 202(b)(1) of
the PLTIA.
Section 1.23: Section 1.23(c) is proposed to be added to provide
that a fee transmittal letter may be signed by a juristic applicant or
patent owner. PLT Article 7(2) provides that an assignee of an
application, an applicant, owner or other interested person may act pro
se before the Office for the mere payment of a fee.
Section 1.29: Section 1.29(e) is proposed to be amended to provide
that a micro entity certification in an international application filed
in a Receiving Office other than the United States Receiving Office may
be signed by a person authorized to represent the applicant under §
1.455.
Section 1.29(k)(4) is proposed to be amended to delete "but
payment of a deficiency based upon the difference between the current
fee amount for a small entity and the amount of the previous erroneous
micro entity fee payment will not be treated as an assertion of small
entity status under § 1.27(c)" and "[o]nce a deficiency payment
is submitted under this paragraph, a written assertion of small entity
status under § 1.27(c)(1) is required to obtain small entity
status." This proposed change is for consistency with the provision of
§ 1.29(i) that a notification of loss of micro entity status is not
automatically treated as a notification of loss of small entity status.
Section 1.51: Section 1.51(a) is proposed to be amended to provide
that an application transmittal letter limited to the transmittal of
the documents and fees comprising a patent application under this
section may be signed by a juristic applicant or patent owner. PLT
Article 7(2) provides that an assignee of an application, an applicant,
owner or other interested person may act pro se before the Office for
the filing of an application for the purposes of the filing date.
Section 1.53: Section 1.53 is proposed to be amended to implement
the changes to 35 U.S.C. 111 in section 201 of the PLTIA and the change
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to 35 U.S.C. 172 in section 202(a) of the PLTIA.
Section 201(a) of the PLTIA amends 35 U.S.C. 111(a) to provide that
the filing date of an application (other than for a design patent) is
the date on which a specification, "with or without claims," is
received in the Office. Section 1.53(b) is thus proposed to be amended
to provide that the filing date of an application for patent filed
under § 1.53, except for an application for a design patent or a
provisional application under § 1.53(c), is the date on which a
specification, with or without claims is received in the Office.
Section 202(a) of the PLTIA amends 35 U.S.C. 171 to provide that
the filing date of an application for design patent shall be the date
on which the specification as prescribed by 35 U.S.C. 112 and any
required drawings are filed. Therefore, a design application must
contain a claim to be entitled to a filing date. Section 1.53(b) is
thus proposed to be amended to provide that the filing date of an
application for a design patent filed under this section, except for a
continued prosecution application under § 1.53(d), is the date on
which the specification as prescribed by 35 U.S.C. 112, including at
least one claim, and any required drawings are received in the Office.
Section 201(a) of the PLTIA amends 35 U.S.C. 111(b) to more closely
align the corresponding provisions for nonprovisional applications in
35 U.S.C. 111(a) and provisional applications in 35 U.S.C. 111(b).
Section 1.53(c) is thus proposed to be amended to provide that the
filing date of a provisional application is the date on which a
specification, with or without claims, is received in the Office.
As discussed previously, PLT Article 5 and PLTIA 35 U.S.C. 111(a)
provide minimal formal requirements necessary for an application to be
entitled to a filing date to safeguard against the loss of a filing
date due to a technicality. PLT Article 5 and PLTIA 35 U.S.C. 111
should not be viewed as prescribing a best practice for the preparation
and filing of a patent application. The drafting of claims at the time
an application (provisional or nonprovisional) is prepared to any
claimed invention for which patent protection is desired and inclusion
of such claims with the application will help ensure that the
application will contain an adequate disclosure under 35 U.S.C. 112.
Section 201(a) of the PLTIA amends 35 U.S.C. 111(a) to provide that
the claim or claims may be submitted after the filing date of the
application, within such period and under such conditions, including
the payment of a surcharge, as may be prescribed by the Office, and
that upon failure to submit one or more claims within the period
prescribed by the Office, the application shall be regarded as
abandoned. Section 1.53(f) is thus proposed to be amended to provide
that an application filed without at least one claim would be treated
in a manner analogous to how an application without the filing, search,
or examination fee is treated under current § 1.53. Section 1.53(f)
is specifically proposed to be amended to provide that if an
application which has been accorded a filing date pursuant to § 1.53(b)
does not include at least one claim: (1) the applicant will be
notified and given a period of time within which to file a claim or
claims and pay the surcharge if required by § 1.16(f) to avoid
abandonment if the applicant has provided a correspondence address; and
(2) the applicant has three months from the filing date of the
application within which to file a claim or claims and pay the
surcharge required by § 1.16(f) to avoid abandonment if the
applicant has not provided a correspondence address.
In the rulemaking to implement the inventor's oath or declaration
provisions of the AIA, the Office provided that applicants may postpone
filing the inventor's oath or declaration until the application is
otherwise in condition for allowance if the applicant provides an
application data sheet before examination indicating the name,
residence, and mailing address of each inventor. See Changes to Implement
the Inventor's Oath or Declaration Provisions of the Leahy-Smith America
Invents Act, 77 FR 48776, 48779-80 (Aug. 14, 2012) (final rule). AIA 35
U.S.C. 115(f) provided that a notice of allowance under 35 U.S.C. 151 may
be provided to an applicant only if the applicant has filed each required
oath or declaration under 35 U.S.C. 115(a), substitute statement under 35
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U.S.C. 115(d), or recorded assignment meeting the requirements of 35 U.S.C.
115(e). The Office thus provided that if an application is in condition for
allowance but does not include an oath or declaration in compliance
with § 1.63, or a substitute statement in compliance with § 1.64,
executed by or with respect to each actual inventor, the Office will issue
a "Notice of Allowability" (PTOL-37) (but not a "Notice of Allowance and
Fee(s) Due" (PTOL-85)) giving the applicant three months to file an oath
or declaration in compliance with § 1.63, or substitute statement in
compliance with § 1.64, executed by or with respect to each actual inventor,
to avoid abandonment, and that the "Notice of Allowance and Fee(s) Due"
(PTOL-85)) will not be issued until the application includes an oath or
declaration in compliance with § 1.63, or substitute statement in
compliance with § 1.64, executed by or with respect to each actual inventor.
See Changes to Implement the Inventor's Oath or Declaration Provisions of
the Leahy-Smith America Invents Act, 77 FR at 48787-88.
Section 1(f) of the Act to correct and improve certain provisions
of the Leahy-Smith America Invents Act and title 35, United States Code
(AIA Technical Corrections Act) amends 35 U.S.C. 115(f) to read as
follows: "The applicant for patent shall provide each required oath or
declaration under [35 U.S.C. 115](a), substitute statement under [35
U.S.C. 115](d), or recorded assignment meeting the requirements of [35
U.S.C. 115](e) no later than the date on which the issue fee for the
patent is paid." See Public Law 112-274, section 1(f), 126 Stat. 2456-
57 (2013). This change to 35 U.S.C. 115(f) permits the Office to issue
a "Notice of Allowance and Fee(s) Due" (PTOL-85) before the
application includes an oath or declaration in compliance with § 1.63, or
substitute statement in compliance with § 1.64, executed by or with respect
to each actual inventor. See Changes to Implement the Inventor's Oath or
Declaration Provisions of the Leahy-Smith America Invents Act, 77 FR at
48802 (noting that the only effect of AIA 35 U.S.C. 115(f) is to preclude
the Office from issuing a notice of allowance until each required
inventor's oath or declaration has been filed). The Office is thus revising
the provisions pertaining to the filing of an application without the
inventor's oath or declaration to provide that if an application is in
condition for allowance but does not include an oath or declaration in
compliance with § 1.63, or a substitute statement in compliance with
§ 1.64, executed by or with respect to each actual inventor, the Office
will issue a "Notice of Allowability" (PTOL-37) requiring an oath or
declaration in compliance with § 1.63, or substitute statement in
compliance with § 1.64, executed by or with respect to each actual
inventor, together with the "Notice of Allowance and Fee(s) Due" (PTOL-85).
35 U.S.C. 115(f) does not specifically provide for the consequence
that results if an applicant fails to provide an oath or declaration in
compliance with § 1.63, or a substitute statement in compliance
with § 1.64, executed by or with respect to each actual inventor.
PLTIA 35 U.S.C. 111(a)(3), however, provides that the "fee, oath or
declaration, and 1 or more claims may be submitted after the filing
date of the application, within such period and under such conditions,
including the payment of a surcharge, as may be prescribed by the
Director," and that "[u]pon failure to submit the fee, oath or
declaration, and 1 or more claims within such prescribed period, the
application shall be regarded as abandoned." The Office is thus
proposing to amend § 1.53(f)(3)(ii) to provide that if the
applicant is notified in a notice of allowability that an oath or
declaration in compliance with § 1.63, or substitute statement in
compliance with § 1.64, executed by or with respect to each named
inventor has not been filed, the applicant must file each required oath
or declaration in compliance with § 1.63, or substitute statement
in compliance with § 1.64, no later than the date on which the
issue fee is paid to avoid abandonment (which time period is not
extendable). The Office is also proposing to amend § 1.53(f)(3)(ii)
to provide that: (1) the applicant must file each required oath or
declaration in compliance with § 1.63, or substitute statement in
compliance with § 1.64, no later than the date on which the issue
fee for the patent is paid (as required by 35 U.S.C. 115(f)); and (2)
that the Office may dispense with the notice provided for in § 1.53(f)(1)
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if each required oath or declaration in compliance with § 1.63,
or substitute statement in compliance with § 1.64, has been filed before
the application is in condition for allowance.
Section 1.54: Section 1.54(b) is amended to provide that a letter
limited to a request for a filing receipt (which includes a corrected
filing receipt) may be signed by a juristic applicant or patent owner.
PLT Article 7(2) provides that an assignee of an application, an
applicant, owner or other interested person may act pro se before the
Office for the issue of a receipt or notification by the Office in
respect of any procedure referred to in PLT Article 7(2)(a)(i) through
7(2)(a)(iii).
Section 1.55: Section 1.55(b) is proposed to be amended to
implement the provisions in section 201(c) of the PLTIA and PLT Article
13 for the restoration of the right of priority. Section 201(c) of the
PLTIA amends 35 U.S.C. 119(a) by adding that the Director may prescribe
regulations, including the requirement for payment of the fee specified
in 35 U.S.C. 41(a)(7), pursuant to which the twelve-month period set
forth 35 U.S.C. 119(a) may be extended by an additional two months if
the delay in filing the application in the United States within the
twelve-month period was unintentional. Section 1.55(b) is thus proposed
to be amended to provide that if the subsequent application has a
filing date which is after the expiration of the twelve-month period
(six-month period in the case of a design application) set forth in
§ 1.55(b)(1) but within two months from the expiration of the
period set forth in § 1.55(b)(1), the right of priority in the
subsequent application may be restored upon petition if the delay in
filing the subsequent application within the period set forth in
§ 1.55(b)(1) was unintentional. Section 1.55(b) is further proposed to be
amended to provide that a petition to restore the right of priority
under § 1.55(b) filed in the subsequent application must include:
(1) the priority claim under 35 U.S.C. 119(a) through (d) or (f) or
365(a) in an application data sheet (§ 1.76(b)(6)), identifying the
foreign application for which priority is claimed, by specifying the
application number, country (or intellectual property authority), day,
month, and year of its filing, unless previously submitted; (2) the
petition fee as set forth in § 1.17(m); and (3) a statement that
the delay in filing the subsequent application within the twelve-month
period (six-month period in the case of a design application) set forth
in § 1.55(b)(1) was unintentional. Section 1.55(b) is further
proposed to provide that the Director may require additional information
where there is a question whether the delay was unintentional.
Section 1.55(b) as proposed also provides that the right of
priority in the subsequent application may be restored under PCT Rule
26bis.3. A decision by a Receiving Office to restore a right of
priority under PCT Rule 26bis.3 in an international application
designating the United States is effective as to the United States in
the national stage of such application in accordance with PCT Rule
49ter.1.
Section 1.55(c) is proposed to provide for the situation in which a
certified copy of the foreign application is not filed during the
international stage of an international application. Section 1.55(c) is
specifically proposed to provide that in such a situation: (1) A
certified copy of the foreign application must be filed within four
months from the date of entry into the national stage as set forth in
§ 1.491 or sixteen months from the filing date of the prior-filed
foreign application (except as provided in §§ 1.55(h) and (i));
and (2) the certified copy of the foreign application must be
accompanied by a petition including a showing of good and sufficient
cause for the delay and the petition fee set forth in § 1.17(g), if
a certified copy of the foreign application is not filed within the
later of four months from the date of entry into the national stage as
set forth in § 1.491 or sixteen months from the filing date of the
prior-filed foreign application, and the exceptions in §§ 1.55(h) and
(i) are not applicable.
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Section 1.55(e) is proposed to be amended to provide for delayed
priority claims under 35 U.S.C. 365(b) in a national stage application
under 35 U.S.C. 371. Section 1.55(e) is also proposed to be amended for
consistency with the change to 35 U.S.C. 119(b) in section 202(b)(2) of
the PLTIA (replaces "payment of a surcharge" with "payment of the
fee specified in section 41(a)(7)"). See discussion of § 1.17(m).
Section 1.55(i) is proposed to be amended to also refer to § 1.55(c)
for consistency with the proposed change to § 1.55(c).
Section 1.57: Sections 1.57(a) through (g) are proposed to be
redesignated as §§ 1.57(b) through (h), respectively. Section
1.57(a) is proposed to be added to implement the reference filing
provisions of section 201(a) of the PLTIA (new 35 U.S.C. 111(c)) and
PLT Article 5(7). Section 1.57 already implements the provisions of PLT
Article 5(6) pertaining to applications containing a missing part of
the description or a missing drawing. See Changes to Support
Implementation of the United States Patent and Trademark Office 21st
Century Strategic Plan, 69 FR 56482, 56499 (Sept. 21, 2004).
35 U.S.C. 111(c) provides that a reference made upon the filing of
an application to a previously filed application shall, as prescribed
by the Office, constitute the specification and any drawings of the
subsequent application for purposes of a filing date.
35 U.S.C. 111(c) specifically provides that the Director may
prescribe the conditions, including the payment of a surcharge, under
which a reference made upon the filing of an application under 35
U.S.C. 111(a) to a previously filed application, specifying the
previously filed application by application number and the intellectual
property authority or country in which the application was filed, shall
constitute the specification and any drawings of the subsequent
application for purposes of a filing date. PLT Rule 2(5) requires that
this reference to the previously filed application indicate that, for
the purposes of the filing date, the description and any drawings of
the application are replaced by the reference to the previously filed
application, and also provides that a Contracting Party may require
that the reference also indicate the filing date of the previously
filed application. Proposed § 1.57(a) thus provides that, subject
to the conditions and requirements of § 1.57(a), a reference made
in the English language in an application data sheet in accordance with
§ 1.76 upon the filing of an application under 35 U.S.C. 111(a) to
a previously filed application, indicating that the specification and
any drawings of the application are replaced by the reference to the
previously filed application, and specifying the previously filed
application by application number, filing date, and the intellectual
property authority or country in which the application was filed, shall
constitute the specification and any drawings of the subsequent
application for purposes of a filing date under § 1.53(b). The
requirement for a reference to the previously filed application in an
application data sheet will be satisfied by the presentation of such
priority or benefit claim on the Patent Law Treaty Model International
Request Form filed in the Office (see discussion of § 1.76).
For an application filed by reference to a previously filed
application under proposed § 1.57(a), the specification and any
drawings of the previously filed application will constitute the
specification and any drawings of the application filed by reference
under proposed § 1.57(a). Thus, the specification and any drawings
of the previously filed application will be considered in determining
whether an application filed by reference under proposed § 1.57(a)
is entitled to a filing date under § 1.53(b).
35 U.S.C. 111(c) further provides that a copy of the specification
and any drawings of the previously filed application shall be submitted
within such period and under such conditions as may be prescribed by
the Director, and that a failure to submit the copy of the
specification and any drawings of the previously filed application
within the prescribed period shall result in the application's being
regarded as abandoned. Proposed § 1.57(a) thus provides that: (1)
The applicant will be notified and given a period of time within which
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to file a copy of the specification and drawings from the previously
filed application, an English language translation of the previously
filed application and the fee required by § 1.17(i) if the
previously filed application is in a language other than English, and
pay the surcharge required by § 1.16(f) to avoid abandonment if the
applicant has provided a correspondence address (proposed § 1.57(a)(1));
and (2) the applicant has three months from the filing date of the
application to file a copy of the specification and drawings from the
previously filed application, an English language translation of the
previously filed application and the fee required by § 1.17(i) if the
previously filed application is in a language other than English, and pay
the surcharge required by § 1.16(f) to avoid abandonment if the applicant
has not provided a correspondence address (proposed § 1.57(a)(2)). Proposed
§ 1.57(a)(1) also provides that such a notice may be combined with a notice
under § 1.53(f) (e.g., a notice requiring that the applicant provide at
least one claim and pay the filing fees).
35 U.S.C. 111(c) finally provides that such an application shall be
treated as having never been filed, unless: (1) the application is
revived under 35 U.S.C. 27; and (2) a copy of the specification and any
drawings of the previously filed application are submitted to the
Director. Section 1.57(a)(3) is thus proposed to provide that an
application abandoned under §§ 1.57(a)(1) or (a)(2) shall be
treated as having never been filed, unless: (1) the application is
revived under § 1.137; and (2) a copy of the specification and any
drawings of the previously filed application are filed in the Office.
Section 1.57(a)(4) is proposed to provide that a certified copy of
the previously filed application must be filed in the Office or received
by the Office from a foreign intellectual property office participating in
a priority document exchange agreement within the later of four months
from the filing date of the application or sixteen months from the
filing date of the previously filed application, unless the previously
filed application is an application filed under 35 U.S.C. 111 or 363.
Proposed § 1.57(a)(4) also provides that failure to comply with
this requirement, absent a petition pursuant to § 1.57(a)
accompanied by the fee set forth in § 1.17(f), will result in the
application not being accorded a filing date earlier than the date a
copy of the specification and drawings from the previously filed
application is filed in or received by the Office.
Section 1.57(i) is proposed to be added to provide that an
application transmittal letter limited to the transmittal of a copy of
the specification and drawings from a previously filed application
submitted under §§ 1.57(a) or (b) of this section may be signed
by a juristic applicant or patent owner. PLT Article 7(2) and PLT Rule
7(1) provide that an assignee of an application, an applicant, owner or
other interested person may act pro se before the Office for the filing
of a copy of a previously filed application for purposes of the
reference filing provisions of PLT Article 5(7) and reliance upon a
reference to a prior-filed application to provide the missing parts of
the description or missing drawings under PLT Article 5(6).
Section 1.58: Section 1.58(a) is proposed to be amended to provide
that the description portion of the specification may contain tables,
but the same tables should (rather than "must") not be included in
both the drawings and description portion of the specification.
Section 1.72: Section 1.72(b) is proposed to be amended to provide
that the abstract must be as concise as the disclosure permits,
preferably not exceeding 150 words in length. See PCT Rule 8.1(b)
("The abstract shall be as concise as the disclosure permits
(preferably 50 to 150 words if it is in English or when translated into
English)").
Section 1.76: Section 1.76(b)(3) is proposed to be amended to
include the sentence: "[t]his information also includes the reference
to the previously filed application, indicating that the specification
and any drawings of the application are replaced by the reference to
the previously filed application, and specifying the previously filed
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application by application number, filing date, and the intellectual
property authority or country in which the application was filed, for
an application filed by reference to a previously filed application
under § 1.57(a)." See discussion of § 1.57(a).
Section 1.76 is also proposed to be amended to permit the use of
PLT Model International Forms as appropriate in lieu of an application
data sheet under § 1.76. Section 1.76(f) specifically provides
that: (1) the requirement in § 1.55 or 1.78 for the presentation of
a priority or benefit claim under 35 U.S.C. 119, 120, 121, or 365 in an
application data sheet will be satisfied by the presentation of such
priority or benefit claim in the Patent Law Treaty Model International
Request Form; (2) the requirement in § 1.57(a) for a reference to
the previously filed application in an application data sheet will be
satisfied by the presentation of such priority or benefit claim in the
Patent Law Treaty Model International Request Form; and (3) the
requirement in § 1.46 for the presentation of the name of the
applicant under 35 U.S.C. 118 in an application data sheet will be
satisfied by the presentation of the name of the applicant in the
Patent Law Treaty Model International Request Form, Patent Law Treaty
Model International Request for Recordation of Change in Name or
Address Form, or Patent Law Treaty Model International Request for
Recordation of Change in Applicant or Owner Form, as applicable.
Section 1.76 is also proposed to be amended to permit the use of a PCT
Request Form in lieu of an application data sheet under § 1.76 if
the PCT Request Form is accompanied by a clear indication that
treatment of the application as an application under 35 U.S.C. 111 is
desired.
Section 1.78: Section 1.78(a) is proposed to be amended to
implement the provisions in section 201(c) of the PLTIA and PLT Article
13 for the restoration of the right to the benefit of a provisional
application. Section 201(c) of the PLTIA specifically amends 35 U.S.C.
119(e)(1) by adding that the Director may prescribe regulations,
including the requirement for payment of the fee specified in 35 U.S.C.
41(a)(7), pursuant to which the twelve-month period set forth in 35
U.S.C. 119(e) may be extended by an additional two months if the delay
in filing the application under 35 U.S.C. 111(a) or 363 within the
twelve-month period was unintentional. Section 1.78(a)(1) is thus
proposed to be amended to provide that if the nonprovisional
application or international application designating the United States
of America has a filing date which is after the expiration of the
twelve-month period set forth in § 1.78(a)(1)(i) but within two
months from the expiration of the period set forth in § 1.78(a)(1)(i),
the benefit of the provisional application may be
restored upon petition if the delay in filing the nonprovisional
application or international application designating the United States
of America within the period set forth in § 1.78(a)(1)(i) section
was unintentional. Section 1.78(a)(1) is further proposed to be amended
to provide that a petition to restore the benefit of the provisional
application under this paragraph filed in the nonprovisional
application or international application designating the United States
of America must include: (1) the reference required by 35 U.S.C. 119(e)
and § 1.78(a)(3) to the prior-filed provisional application, unless
previously submitted; (2) the petition fee as set forth in § 1.17(m);
and (3) a statement that the delay in filing the nonprovisional
application or international application designating the
United States of America within the twelve-month period set forth in
§ 1.78(a)(1)(i) was unintentional. Section 1.78(a)(1) is further
proposed to be amended to provide that the Director may require
additional information where there is a question whether the delay was
unintentional.
Section 1.78(a) as proposed also provides that the right of
priority in the subsequent application may be restored under PCT Rule
26bis.3. A decision by a Receiving Office to restore a right of
priority under PCT Rule 26bis.3 to a provisional application in an
international application designating the United States is effective as
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to the United States in the national stage of such application in
accordance with PCT Rule 49ter.1.
Section 1.78(a) as proposed provides that the restoration of the
right of priority under PCT Rule 26bis.3 to a provisional application
does not affect the requirement to include the reference required by
§ 1.78(a)(3) to the provisional application in a national stage
application under 35 U.S.C. 371 within the time period provided by
§ 1.78(a)(4) to avoid waiver of the benefit claim.
Section 1.78(a) is also proposed to be amended to provide that the
twelve-month period is subject to PCT Rule 80.5, as well as 35 U.S.C.
21(b) (and § 1.7(a)).
Section 1.78(a)(4) is proposed to be amended to provide that if the
later-filed application is a national stage application under 35 U.S.C.
371, this reference must be submitted within the latest of four months
from the date on which the national stage commenced under 35 U.S.C.
371(b) or (f), four months from the date of the initial submission under
35 U.S.C. 371 to enter the national stage, or sixteen months from the
filing date of the prior-filed provisional application. This change is
proposed in order to avoid the need for petitions under both § 1.137 and
§ 1.78(b) in the situation in which the applicant does not make the
initial submission under 35 U.S.C. 371 to enter the national stage
within four months from the date on which the national stage commenced
under 35 U.S.C. 371(b) or (f) in an international application.
Section 1.78(b) is proposed to be amended to implement the changes
to 35 U.S.C. 119(e) in section 201(c)(1)(B)(i)(II) of the PLTIA.
Section 201(c)(1)(B)(i)(II) of the PLTIA replaces "payment of a
surcharge" with "payment of the fee specified in section 41(a)(7)"
(see discussion of § 1.17(m)) and deletes "during the pendency of
the application." Section 1.78(b) is thus proposed to be amended to
provide that if the reference required by 35 U.S.C. 119(e) and
§ 1.78(a)(3) is presented in an application (either a nonprovisional
application or an international application designating the United
States) after the time period provided by § 1.78(a)(4), the claim
under 35 U.S.C. 119(e) for the benefit of a prior-filed provisional
application may be accepted if the reference identifying the prior-
filed application by provisional application number was unintentionally
delayed. Section 1.78(b) is further proposed to be amended to provide
that a petition to accept an unintentionally delayed claim under 35
U.S.C. 119(e) for the benefit of a prior-filed provisional application
must be accompanied by: (1) the reference required by 35 U.S.C. 119(e)
and § 1.78(a)(3) to the prior-filed provisional application, unless
previously submitted; (2) the petition fee as set forth in § 1.17(m);
and (3) a statement that the entire delay between the date the
benefit claim was due under § 1.78(a)(4) and the date the benefit
claim was filed was unintentional. Section 1.78(b) as proposed would
continue to provide that the Director may require additional
information where there is a question as to whether the delay was
unintentional.
Section 1.78(c)(3) is proposed to be amended to provide that if the
later-filed application is a nonprovisional application entering the
national stage from an international application under 35 U.S.C. 371,
this reference must also be submitted within the latest of four months
from the date on which the national stage commenced under 35 U.S.C.
371(b) or (f) in the later-filed international application, four months
from the date of the initial submission under 35 U.S.C. 371 to enter
the national stage, or sixteen months from the filing date of the
prior-filed application. This change is proposed to avoid the need for
petitions under both § 1.137 and § 1.78(d) in the situation in
which the applicant does not make the initial submission under 35
U.S.C. 371 to enter the national stage within four months from the date
on which the national stage commenced under 35 U.S.C. 371(b) or (f) in
an international application.
Section 1.78(d)(2) is proposed to be amended for consistency with
the change to 35 U.S.C. 120 in section 202(b)(3) of the PLTIA (replaces
"payment of a surcharge" with "payment of the fee specified in
section 41(a)(7)"). See discussion of § 1.17(m).
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Section 1.81: Section 1.81(a) is proposed to be amended to delete
the provision that a drawing (where necessary for the understanding of
the subject matter sought to be patented), or a high quality copy
thereof, must be filed with the application. As discussed previously,
35 U.S.C. 111 no longer requires that an application contain a drawing
where necessary for the understanding of the subject matter sought to
be patented to be entitled to a filing date. 35 U.S.C. 113 continues to
provide that "[t]the applicant shall furnish a drawing where necessary
for the understanding of the subject matter sought to be patented" and
that "[d]rawings submitted after the filing date of the application
may not be used (i) to overcome any insufficiency of the specification
due to lack of an enabling disclosure or otherwise inadequate
disclosure therein, or (ii) to supplement the original disclosure
thereof for the purpose of interpretation of the scope of any claim."
See 35 U.S.C. 113. Thus, the absence of any drawing on the filing of an
application where a drawing is necessary for the understanding of the
subject matter sought to be patented may result in an applicant not
being able to obtain a patent for any claimed invention presented in
the application, but the absence of any drawing on the filing of an
application no longer raises a question as to whether the application
as deposited is entitled to a filing date.
As discussed previously, PLT Article 5 and PLTIA 35 U.S.C. 111
should not be viewed as prescribing a best practice for the preparation
and filing of a patent application. The preparation of drawings at the
time an application (provisional or nonprovisional) is prepared for any
claimed invention for which patent protection is desired where a
drawing is necessary for the understanding of the subject matter sought
to be patented, and inclusion of such drawing(s) will help ensure that
the application will contain a drawing where required by 35 U.S.C. 113
for any such claimed invention.
Section 1.83: Section 1.83(a) is proposed to be amended to provide
that tables that are included in the specification and sequences that
are included in sequence listings "should" (rather than must) not be
duplicated in the drawings.
Section 1.85: Section 1.85(c) is proposed to be amended to provide
that if a corrected drawing is required or if a drawing does not comply
with § 1.84 at the time an application is allowed, the Office may
notify the applicant in a notice of allowability and set a three-month
(non-extendable) period of time from the mail date of the notice of
allowability within which the applicant must file a corrected drawing
in compliance with § 1.84 to avoid abandonment.
Section 1.137: Section 1.137 is revised to implement the change in
the PLTIA to eliminate revival of abandoned applications under the
"unavoidable" standard and to provide for the revival of abandoned
applications (as well as the acceptance of delayed responses in
reexamination by patent owners and delayed maintenance fee payments) on
the basis of unintentional delay. As discussed previously, section
201(b) of the PLTIA specifically adds new 35 U.S.C. 27, providing that
the Director may establish procedures, including the payment of a
surcharge, to revive an unintentionally abandoned application for
patent, accept an unintentionally delayed payment of the fee for
issuing each patent, or accept an unintentionally delayed response by
the patent owner in a reexamination proceeding, upon petition by the
applicant for patent or patent owner. The patent law formerly provided
for revival of an unintentionally abandoned application only in the
patent fee provisions of 35 U.S.C. 41(a)(7). See Pub. L. 97-247,
section 3(a), 96 Stat. 317-18 (1982). This raised questions concerning
the Office's authority to revive an unintentionally abandoned
application (without a showing of unavoidable delay) in certain
situations. See e.g., Aristocrat Techs. Australia Pty Ltd. v. Int'l
Game Tech., 543 F.3d 657 (Fed. Cir. 2008).
Sections 1.137(a) is proposed to be amended to eliminate the
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provisions pertaining to petitions on the basis of unavoidable delay.
Section 1.137(a) is proposed to be amended to instead provide that if
the delay in reply by applicant or patent owner was unintentional, a
petition may be filed pursuant to § 1.137 to revive an abandoned
application or a reexamination prosecution terminated under § 1.550(d)
or § 1.957(b) or limited under § 1.957(c).
Section 1.137(b) is proposed to be amended to set out the petition
requirements. Section 1.137(b) is specifically proposed to be amended
to provide that a grantable petition pursuant to § 1.137 must be
accompanied by: (1) The reply required to the outstanding Office action
or notice, unless previously filed; (2) the petition fee as set forth
in § 1.17(m); (3) a statement that the entire delay in filing the
required reply from the due date for the reply until the filing of a
grantable petition pursuant to this section was unintentional; and (4)
any terminal disclaimer (and fee as set forth in § 1.20(d))
required pursuant to § 1.137(d). Section 1.137 as proposed would
continue to provide that the Director may require additional
information where there is a question whether the delay was unintentional.
Sections 1.137(c) and (e) are proposed to be amended to remove the
language pertaining to "lapsed" patents. Section 202(b)(6) of the
PLTIA amends 35 U.S.C. 151 to delete the third and fourth paragraphs
pertaining to the lapsed patent practice.
Section 1.137(c) is also proposed to be amended to provide that in
an application abandoned under § 1.57(a), the reply must include a
copy of the specification and any drawings of the previously filed
application, and to clarify that an application must be abandoned after
the close of prosecution as defined in § 1.114(b), for the reply
requirement to be met by the filing of a request for continued
examination in compliance with § 1.114.
Section 1.137(f) is proposed to be amended to remove as unnecessary
the language limiting petitions to the unintentional standard. The
PLTIA eliminates revival of abandoned applications under the
"unavoidable" standard.
Section 1.290: Section 1.290(f) is proposed to be amended to
reference § 1.17(o), rather than § 1.17(p), for consistency
with the proposed change to § 1.17. See discussion of § 1.17.
Section 1.317: Section 1.317 is proposed to be removed and
reserved. Section 202(b)(6) of the PLTIA amends 35 U.S.C. 151 to delete
the third and fourth paragraphs pertaining to the lapsed patent
practice.
Section 1.366: Section 1.366(a) is proposed to be amended to
provide that a maintenance fee transmittal letter may be signed by a
juristic applicant or patent owner. PLT Article 7(2)(b) provides that a
maintenance fee may be paid by any person.
Section 1.378: Section 1.378 is proposed to be amended to implement
the changes to 35 U.S.C. 41(c)(1) in section 202(b)(1)(B) of the PLTIA.
Section 202(b)(1)(B) of the PLTIA amends 35 U.S.C. 41(c)(1) to delete
the twenty-four month time limit for unintentionally delayed
maintenance fee payments and to delete the reference to an unavoidable
standard. PLTIA 35 U.S.C. 41(c)(1) provides that: (1) The Director may
accept the payment of any maintenance fee required by 35 U.S.C. 41(b)
after the six-month grace period if the delay is shown to the
satisfaction of the Director to have been unintentional; (2) the
Director may require the payment of the fee specified in 35 U.S.C.
41(a)(7) as a condition of accepting payment of any maintenance fee
after the six-month grace period; and (3) if the Director accepts
payment of a maintenance fee after the six-month grace period, the
patent shall be considered as not having expired at the end of the
grace period.
Sections 1.378(a) is proposed to be amended to eliminate the
provisions pertaining to petitions on the basis of unavoidable delay.
Section 1.378(b) is also proposed to be amended to eliminate the
provisions pertaining to petitions asserting unavoidable delay. Section
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1.378(b) is proposed to be amended to set out the requirements for
petitions asserting unintentional delay (these requirements are
currently set out in § 1.378(c)). Section 1.378(b) is also proposed
to be amended to refer to the petition fee set forth in § 1.17(m)
rather than the surcharge set forth in § 1.20(i) as PLTIA 35 U.S.C.
41(c)(1) refers to the fee specified in 35 U.S.C. 41(a)(7) rather than
a surcharge.
Section 1.378(c) is proposed to be amended to provide that any
petition under this section must be signed in compliance with §
1.33(b) (§ 1.378(d) sets out the current signature requirement for
a petition to accept a delayed maintenance fee payment).
Section 1.378(d) is proposed to be amended to include the current
provisions pertaining to a request for reconsideration of a maintenance
fee decision, except that § 1.378(d) is proposed to be amended to
eliminate the provision that after the decision on the petition for
reconsideration, no further reconsideration or review of the matter
will be undertaken by the Director.
Section 1.378(e) is proposed to be amended to include the current
provisions of § 1.378(e) pertaining to the situation in which the
maintenance fee or any petition fee will be refunded.
Section 1.452: Section 201(c) of the PLTIA amends 35 U.S.C. 365(b)
by adding that the Director may establish procedures, including the
requirement for payment of the fee specified in 35 U.S.C. 41(a)(7), to
accept an unintentionally delayed claim for priority under the treaty
and the Regulations, and to accept a priority claim that pertains to an
application that was not filed within the priority period specified in
the treaty and Regulations, but was filed within the additional two-
month period specified under 35 U.S.C. 119(a) or the PCT or PCT
Regulations. Section 1.452(b)(2) is thus proposed to be amended to
refer to the petition fee as set forth in § 1.17(m) for consistency
with section 201(c) of the PLTIA.
Section 1.452(d) currently contains a caveat that restoration of a
right of priority to a prior application by the United States Receiving
Office under § 1.452, or by any other Receiving Office under the
provisions of PCT Rule 26bis.3, will not entitle applicants to a right
of priority in any application which has entered the national stage
under 35 U.S.C. 371, or in any application filed under 35 U.S.C. 111(a)
which claims benefit under 35 U.S.C. 120 and 365(c) to an international
application in which the right to priority has been restored. Section
1.452(d) is proposed to be removed in view of PLTIA 35 U.S.C. 119 and
365(b).
Section 1.495: As discussed previously, the Office is revising the
provisions pertaining to the filing of an application without the
inventor's oath or declaration to provide that if an application is in
condition for allowance but does not include an oath or declaration in
compliance with § 1.63, or a substitute statement in compliance
with § 1.64, executed by or with respect to each actual inventor,
the Office will issue a "Notice of Allowability" (PTOL-37) requiring
an oath or declaration in compliance with § 1.63, or substitute
statement in compliance with § 1.64, executed by or with respect to
each actual inventor, together with the "Notice of Allowance and
Fee(s) Due" (PTOL-85), since the AIA Technical Corrections Act amends
35 U.S.C. 115(f) to permit the Office to issue a "Notice of Allowance
and Fee(s) Due" (PTOL-85) before the application includes an oath or
declaration in compliance with § 1.63, or substitute statement in
compliance with § 1.64, executed by or with respect to each actual
inventor. As also discussed previously, 35 U.S.C. 115(f) does not
specifically provide for the consequence
that results if an applicant fails to provide an oath or declaration in
compliance with § 1.63, or a substitute statement in compliance
with § 1.64, executed by or with respect to each actual inventor.
PLTIA 35 U.S.C. 371(d), however, provides that "[t]he requirement with
respect to * * * the oath or declaration referred to in [35 U.S.C.
371(c)(4)] shall be complied with by the date of the commencement of
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the national stage or by such later time as may be fixed by the
Director," and that the "[f]ailure to comply with these requirements
shall be regarded as abandonment of the application by the parties
thereof." The Office is thus proposing to amend § 1.495(c)(3)(ii)
to provide that if the applicant is notified in a notice of
allowability that an oath or declaration in compliance with § 1.63,
or substitute statement in compliance with § 1.64, executed by or
with respect to each named inventor has not been filed, the applicant
must file each required oath or declaration in compliance with
§ 1.63, or substitute statement in compliance with § 1.64, no later
than the date on which the issue fee is paid to avoid abandonment
(which time period is not extendable). The Office is also proposing to
amend § 1.495(c)(3)(ii) to provide that: (1) the applicant must
file each required oath or declaration in compliance with § 1.63,
or substitute statement in compliance with § 1.64, no later than
the date on which the issue fee for the patent is paid (as required by
35 U.S.C. 115(f)); and (2) that the Office may dispense with the notice
provided for in § 1.495(c)(1) if each required oath or declaration
in compliance with § 1.63, or substitute statement in compliance
with § 1.64, has been filed before the application is in condition
for allowance.
Section 1.704: Section 1.704 is proposed to be amended to provide
for the situation in which an application is not in condition for
examination within eight months from the date on which the application
was filed under 35 U.S.C. 111(a) or the date of commencement of the
national stage under 35 U.S.C. 371(b) or (f) in an international
application. In implementing the patent term adjustment provisions of
the American Inventors Protection Act of 1999 (Pub. L. 106-113, 113
Stat. 1501, 1501A-557 through 1501A-560 (1999)), the Office proposed a
reduction of any patent term adjustment if an application was not
complete on filing. See Changes to Implement Patent term Adjustment
Under Twenty-Year Patent Term, 65 FR 17215, 17219-20, 17228 (Mar. 31,
2000) (proposed rule). The Office received a number of comments in
response to this proposal suggesting that an application being in
condition for examination on filing is not necessary for the Office to
meet the fourteen-month timeframe in 35 U.S.C. 154(b)(1)(A)(i) and that
an applicant should be permitted to complete the application and
correct application informalities after the filing date of the
application. See Changes to Implement Patent Term Adjustment Under
Twenty-Year Patent Term, 65 FR 56366, 56381 (Sept. 18, 2000) (final
rule). The Office did not adopt this proposed reduction in 2000 because
an applicant could not delay placing an application in condition for
examination to the point that it would contribute to the Office's
missing the fourteen-month timeframe in 35 U.S.C. 154(b)(1)(A)(i) under
the provisions for completing an application (§ 1.53(f)) in effect
in 2000 without the applicant's incurring a reduction of patent term
adjustment under 35 U.S.C. 154(b)(2)(C)(ii). See id. Specifically, the
fourteen-month timeframe in 35 U.S.C. 154(b)(1)(A)(i) did not begin
(under the patent laws in effect between 2000 and 2012) until the
specification and drawings of an application were filed in the Office,
which permitted the Office to conduct a formalities review and issue a
notice (if necessary) requiring the applicant to complete the
application and correct any application informalities no later than one
to two months from the filing of an application. Thus, the Office could
review the specification and drawings and issue a notice (if necessary)
requiring the applicant to complete the application and correct the
application papers no later than two months from the filing of an
application. As such, applications would either be in condition for
examination within five months from the filing of an application, or
the applicant would incur a reduction of any patent term adjustment
under 35 U.S.C. 154(b)(2)(C)(ii) (providing a reduction of any patent
term adjustment for the cumulative total of any periods of time in
excess of three months that are taken to respond to a notice from the
Office making any rejection, objection, argument, or other request, and
measuring such three-month period from the date the notice was given or
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mailed to the applicant). The Office, however, also noted that it would
revisit this decision if the provisions for completing an application
and correcting application formalities contributed to the Office's
missing the fourteen-month timeframe under 35 U.S.C. 154(b)(1)(A)(i).
See id.
The PLT and PLTIA 35 U.S.C. 111 provide applicants with additional
opportunities to delay the examination process (e.g., the ability to
file an application without any claims and to file an application
merely by reference to a prior-filed application). Specifically, the
fourteen-month timeframe specified in 35 U.S.C. 154(b)(1)(A)(i) may now
begin before the specification and drawings of an application are filed
in the Office in an application filed under 35 U.S.C. 111(a), due to
the change to 35 U.S.C. 111 in the PLTIA. In addition, the fourteen-
month timeframe specified in 35 U.S.C. 154(b)(1)(A)(i) may now begin
before the specification and drawings of an application are filed in
the Office in an international application, due to the change to 35
U.S.C. 154(b)(1)(A)(i)(II) in section 1(h)(1)(A) of the AIA Technical
Corrections Act, Public Law 112-274, 126 Stat. 2456, 2457 (2013),
(changing "the date on which an international application fulfilled
the requirements of section 371" to "the date of commencement of the
national stage under section 371 in an international application")).
The Office is not proposing to require that applications be in
condition for examination on filing (or commencement of national stage
in an international application) in order for an applicant to avoid a
reduction of patent term adjustment. It is, however, reasonable to
expect that an application should be placed in condition for
examination within eight months of its filing date (or date of
commencement of national stage in an international application).
Therefore, the Office is proposing to provide that the circumstances
that constitute a failure of the applicant to engage in reasonable
efforts to conclude processing or examination of an application also
include the failure to provide an application in condition for
examination within eight months from the date on which the application
was filed under 35 U.S.C. 111(a) or the date of commencement of the
national stage under 35 U.S.C. 371(b) or (f) in an international
application. Section 1.704(c) is also proposed to be amended to provide
that in such a case the period of adjustment set forth in § 1.703
shall be reduced by the number of days, if any, beginning on the day
after the date that is eight months from the date on which the
application was filed under 35 U.S.C. 111(a) or the date of
commencement of the national stage under 35 U.S.C. 371(b) or (f) in an
international application and ending on the date the application is in
condition for examination.
Section 1.704(f) is proposed to be added to define when an application
is "in condition for examination" for purposes of § 1.704(c). Proposed
§ 1.704(f) provides that an application filed under 35 U.S.C. 111(a) is in
condition for examination when the application includes a specification,
including at least one claim and an abstract (§ 1.72(b)), and has papers
in compliance with § 1.52, drawings in compliance with § 1.84, any English
translation required by § 1.52(d) or § 1.57(a), a sequence listing in
compliance with §§ 1.821 through 1.825 (if applicable), the inventor's oath
or declaration or application data sheet containing the information
specified in § 1.63(b), the basic filing fee (§ 1.16(a) or § 1.16(c)), any
certified copy of the previously filed application required by § 1.57(a),
and any application size fee required by the Office under § 1.16(s).
Section 1.704(f) as proposed provides that an international application is
in condition for examination when the application has entered the national
stage as defined in § 1.491(b), and includes a specification, including at
least one claim and an abstract (§ 1.72(b)), and has papers in
compliance with § 1.52, drawings in compliance with § 1.84, a
sequence listing in compliance with §§ 1.821 through 1.825 (if
applicable), the inventor's oath or declaration or application data
sheet containing the information specified in § 1.63(b), and any
application size fee required by the Office under § 1.492(j).
Section 1.809: Section 1.809(c) is proposed to be amended to
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provide that if an application for patent is otherwise in condition for
allowance except for a needed deposit and the Office has received a
written assurance that an acceptable deposit will be made, the Office
may notify the applicant in a notice of allowability and set a three-
month (non-extendable) period of time from the mail date of the notice
of allowability within which the deposit must be made in order to avoid
abandonment.
Section 3.11: Section 3.11(a) is proposed to be amended to
implement section 201(d) of the PLTIA. Section 201(d) of the PLTIA
amends 35 U.S.C. 261, first paragraph, by adding: "The Patent and
Trademark Office shall maintain a register of interests in applications
for patents and patents and shall record any document related thereto
upon request, and may require a fee therefor." Section 3.11(a) is thus
proposed to be amended to provide that other documents relating to
interests in patent applications and patents, accompanied by completed
cover sheets as specified in § 3.28 and § 3.31, will be
recorded in the Office.
Section 3.31: Section 3.31(h) is proposed to be amended to permit
the use of PLT International Model forms as appropriate in lieu of an
assignment cover sheet under § 3.31. Section 3.31(h) specifically
provides that the assignment cover sheet required by § 3.28 for a
patent application or patent will be satisfied by the Patent Law Treaty
Model International Request for Recordation of Change in Applicant or
Owner Form, Patent Law Treaty Model International Request for
Recordation of a License/Cancellation of the Recordation of a License
Form, Patent Law Treaty Model International Certificate of Transfer
Form, or Patent Law Treaty Model International Request for Recordation
of a Security Interest/Cancellation of the Recordation of a Security
Interest Form, as applicable, except where the assignment is also an
oath or declaration under § 1.63.
Rulemaking Considerations
A. Administrative Procedure Act: This rulemaking implements the PLT
and title II of the PLTIA. The changes proposed in this rulemaking are
to revise application filing and prosecution procedures to conform them
to the changes to the patent laws in title II of the PLTIA and to
eliminate procedural requirements to ensure that the rules of practice
are consistent with the PLT (except for the proposed change to the
patent term adjustment provisions of 37 CFR 1.704). Therefore, the
changes proposed in this rulemaking (except for the proposed change to
the patent term adjustment provisions of 37 CFR 1.704) involve rules of
agency practice and procedure, and/or interpretive rules. See Bachow
Commc'ns Inc. v. F.C.C., 237 F.3d 683, 690 (D.C. Cir. 2001) (rules
governing an application process are procedural under the
Administrative Procedure Act); Inova Alexandria Hosp. v. Shalala, 244
F.3d 342, 350 (4th Cir. 2001) (rules for handling appeals were
procedural where they did not change the substantive standard for
reviewing claims); Nat'l Org. of Veterans' Advocates, Inc. v. Sec'y of
Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (rule that
clarifies interpretation of a statute is interpretive).
Accordingly, prior notice and opportunity for public comment are
not required pursuant to 5 U.S.C. 553(b) or (c) (or any other law),
except for the proposed change to the patent term adjustment provisions
of 37 CFR 1.704. See Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37
(Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C.
2(b)(2)(B), does not require notice and comment rulemaking for
"interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice") (quoting 5 U.S.C.
553(b)(A)). The Office, however, is publishing all of these proposed
changes (rather than only the proposed change to the patent term
adjustment provisions of 37 CFR 1.704) for comment as it seeks the
benefit of the public's views on the Office's proposed implementation
of the PLT and title II of the PLTIA.
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B. Regulatory Flexibility Act: For the reasons set forth herein,
the Deputy General Counsel for General Law of the United States Patent
and Trademark Office has certified to the Chief Counsel for Advocacy of
the Small Business Administration that changes proposed in this notice
will not have a significant economic impact on a substantial number of
small entities. See 5 U.S.C. 605(b).
The changes proposed in this notice are to revise application
filing and prosecution procedures to conform them to the changes to the
patent laws in title II of the PLTIA and to eliminate procedural
requirements to ensure that the rules of practice are consistent with
the PLT.
The notable changes in the PLT and title II of the PLTIA pertain
to: (1) The filing date requirements for a patent application; (2) the
restoration of patent rights via the revival of abandoned applications
and acceptance of delayed maintenance fee payments; and (3) the
restoration of the right of priority to a foreign application or the
benefit of a provisional application via the permitting of a claims to
priority to a foreign application or the benefit of a provisional
application in a subsequent application filed within two months of the
expiration of the twelve-month period (six-month period for design
applications) for filing such a subsequent application.
The requirements and fees for filing of an application without a
claim track the existing provisions in 37 CFR 1.53(f) for an
application that is missing application components not required for a
filing date. The requirements and fees for filing of an application
"by reference" to a previously filed application in lieu of filing
the specification and drawings (reference filing) are simpler than the
existing requirements in 37 CFR 1.57(a) that apply when relying upon
the specification and drawings of a prior-filed application as the
specification and drawings of an application.
The requirements for a petition to revive an abandoned application
(37 CFR 1.137) or accept a delayed maintenance fee payment (37 CFR
1.378) on the basis of "unintentional" delay are the current
requirements for a petition to revive an abandoned application or
accept a delayed maintenance fee payment. PLTIA 35 U.S.C. 41(a)(7) and
(c)(1) set the petition fee amount for a petition to accept a delayed
maintenance fee payment at an amount equal to the fee for a petition to
revive an unintentionally abandoned application, which is lower than
the current surcharge for accepting an unintentionally delayed
maintenance fee payment.
The requirements and fees for a petition to restore the right of
priority to a prior-filed foreign application or a petition to restore
the right to benefit of a prior-filed provisional application
correspond to the current requirements for petitions based upon
unintentional delay (i.e., a petition to revive an abandoned
application (37 CFR 1.137) or accept a delayed maintenance fee payment
(37 CFR 1.378)). PLTIA 35 U.S.C. 41(a)(7) and 119 set the petition fee
amount for a petition to restore the right of priority to a prior-filed
foreign application or a petition to restore the right to benefit of a
prior-filed provisional application at an amount equal to the fee for a
petition to revive an unintentionally abandoned application. Current 35
U.S.C. 119 does not permit an applicant who missed the filing period
requirement in 35 U.S.C. 119(a) or (e) to restore the right of priority
to the prior-filed foreign application or restore the right to benefit
of the prior-filed provisional application.
The proposed changes to the patent term adjustment reduction
provisions do not impose any additional burden on applicants. The
proposed change to 37 CFR 1.704(c) simply specifies that the failure to
place an application in condition for examination within eight months
from the date on which the application was filed under 35 U.S.C. 111(a)
(or the date of commencement of the national stage under 35 U.S.C.
371(b) or (f) in an international application) constitutes failure of
an applicant to engage in reasonable efforts to conclude processing or
examination of an application. This proposed change will not have a
significant economic impact on a substantial number of small entities
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because: (1) Applicants already have to place an application in a
condition for examination; (2) applicants are not entitled to patent
term adjustment for examination delays that result from an applicant's
delay in prosecuting the application (35 U.S.C. 154(b)(2)(C)(i) and 37
CFR 1.704(a)); and (3) applicants may avoid any consequences from this
provision simply by placing the application in condition for
examination within eight months from the date on which the application
was filed under 35 U.S.C. 111(a) (or the date of commencement of the
national stage under 35 U.S.C. 371(b) or (f) in an international
application).
For the foregoing reasons, the changes proposed in this notice will
not have a significant economic impact on a substantial number of small
entities.
C. Executive Order 12866 (Regulatory Planning and Review): This
rulemaking has been determined to be not significant for purposes of
Executive Order 12866 (Sept. 30, 1993).
D. Executive Order 13563 (Improving Regulation and Regulatory
Review): The Office has complied with Executive Order 13563.
Specifically, the Office has, to the extent feasible and applicable:
(1) Made a reasoned determination that the benefits justify the costs
of the rule; (2) tailored the rule to impose the least burden on society
consistent with obtaining the regulatory objectives; (3) selected a
regulatory approach that maximizes net benefits; (4) specified performance
objectives; (5) identified and assessed available alternatives;
(6) involved the public in an open exchange of information and perspectives
among experts in relevant disciplines, affected stakeholders in the private
sector and the public as a whole, and provided on-line access to the
rulemaking docket; (7) attempted to promote coordination, simplification,
and harmonization across government agencies and identified goals designed
to promote innovation; (8) considered approaches that reduce burdens and
maintain flexibility and freedom of choice for the public; and (9) ensured
the objectivity of scientific and technological information and processes.
E. Executive Order 13132 (Federalism): This rulemaking does not contain
policies with federalism implications sufficient to warrant preparation of
a Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
F. Executive Order 13175 (Tribal Consultation): This rulemaking
will not: (1) Have substantial direct effects on one or more Indian
tribes; (2) impose substantial direct compliance costs on Indian tribal
governments; or (3) preempt tribal law. Therefore, a tribal summary
impact statement is not required under Executive Order 13175 (Nov. 6, 2000).
G. Executive Order 13211 (Energy Effects): This rulemaking is not a
significant energy action under Executive Order 13211 because this
rulemaking is not likely to have a significant adverse effect on the
supply, distribution, or use of energy. Therefore, a Statement of
Energy Effects is not required under Executive Order 13211 (May 18, 2001).
H. Executive Order 12988 (Civil Justice Reform): This rulemaking
meets applicable standards to minimize litigation, eliminate ambiguity,
and reduce burden as set forth in sections 3(a) and 3(b)(2) of
Executive Order 12988 (Feb. 5, 1996).
I. Executive Order 13045 (Protection of Children): This rulemaking
does not concern an environmental risk to health or safety that may
disproportionately affect children under Executive Order 13045 (Apr.
21, 1997).
J. Executive Order 12630 (Taking of Private Property): This
rulemaking will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630 (Mar. 15, 1988).
K. Congressional Review Act: Under the Congressional Review Act
provisions of the Small Business Regulatory Enforcement Fairness Act of
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1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the
United States Patent and Trademark Office will submit a report
containing the final rule and other required information to the United
States Senate, the United States House of Representatives, and the
Comptroller General of the Government Accountability Office. The
changes in this notice are not expected to result in an annual effect
on the economy of 100 million dollars or more, a major increase in
costs or prices, or significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises in domestic and export markets. Therefore, this notice is
not expected to result in a "major rule" as defined in 5 U.S.C.
804(2).
L. Unfunded Mandates Reform Act of 1995: The changes set forth in
this notice do not involve a Federal intergovernmental mandate that
will result in the expenditure by State, local, and tribal governments,
in the aggregate, of 100 million dollars (as adjusted) or more in any
one year, or a Federal private sector mandate that will result in the
expenditure by the private sector of 100 million dollars (as adjusted)
or more in any one year, and will not significantly or uniquely affect
small governments. Therefore, no actions are necessary under the
provisions of the Unfunded Mandates Reform Act of 1995. See 2 U.S.C.
1501 et seq.
M. National Environmental Policy Act: This rulemaking will not have
any effect on the quality of the environment and is thus categorically
excluded from review under the National Environmental Policy Act of
1969. See 42 U.S.C. 4321 et seq.
N. National Technology Transfer and Advancement Act: The
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because
this rulemaking does not contain provisions which involve the use of
technical standards.
O. Paperwork Reduction Act: The Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) requires that the Office consider the impact of
paperwork and other information collection burdens imposed on the
public. This rulemaking involves information collection requirements
which are subject to review by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3549).
The notable changes in the PLT and title II of the PLTIA pertain
to: (1) The filing date requirements for a patent application; (2) the
restoration of patent rights via the revival of abandoned applications
and acceptance of delayed maintenance fee payments; and (3) the
restoration of the right of priority to a foreign application or the
benefit of a provisional application via the permitting of a claims to
priority to a foreign application or the benefit of a provisional
application in a subsequent application filed within two months of the
expiration of the twelve-month period (six-month period for design
applications) for filing such a subsequent application.
The information collection requirements pertaining to petitions to
accept a delayed maintenance fee payment have been reviewed and
approved by the OMB under OMB control number 0651-0016. The information
collection requirements pertaining to patent term adjustment have been
reviewed and approved by the OMB under OMB control number 0651-0020.
The information collection requirements pertaining to recording
assignments (and other interests) in patents and patent applications
have been reviewed and approved by the OMB under OMB control number
0651-0027. The information collection requirements pertaining to
petitions to revive an abandoned application have been reviewed and
approved by the OMB under OMB control number 0651-0031. The information
collection requirements pertaining to the specification (including
claims) and drawings required for a patent application have been
reviewed and approved by the OMB under OMB control number 0651-0032.
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The information collection requirements pertaining to representative
and correspondence address have been reviewed and approved by the OMB
under OMB control number 0651-0035. The changes in this rulemaking
pertaining to petitions to accept a delayed maintenance fee payment,
patent term adjustment, petitions to revive an abandoned application,
the specification (including claims) and drawings required for a patent
application, and representative and correspondence address, do not
propose to add any additional requirements (including information
collection requirements) or fees for patent applicants or patentees.
Therefore, the Office is not resubmitting information collection
packages to OMB for its review and approval because the changes in this
rulemaking do not affect the information collection requirements
associated with the information collections approved under OMB control
numbers 0651-0016, 0651-0020, 0651-0027, 0651-0031, 0651-0032, and
0651-0035.
This rulemaking also provides for the optional use by applicants of
the following Patent Law Treaty Model International Forms: (1) Model
International Request Form; (2) Model International Power of Attorney
Form; (3) Model International Request for Recordation of Change in Name
or Address Form; (4) Model International Request for Correction of
Mistakes Form; (5) Model International Request for Recordation of
Change in Applicant or Owner Form; (6) Model International Certificate
of Transfer Form; (7) Model International Request for Recordation of a
License/Cancellation of the Recordation of a License Form; and (8)
Model International Request for Recordation of a Security Interest/
Cancellation of the Recordation of a Security Interest Form. This
rulemaking also requires revisions to the pre-printed information on
the forms for petitions to accept a delayed maintenance fee payment and
petitions to revive an abandoned application (PTO/SB/64, PTO/SB/64a,
PTO/SB/66) and elimination of the forms for petitions based upon
unavoidable delay (PTO/SB/61 and PTO/SB/65) in the information
collections approved under OMB control numbers 0651-0016 and 0651-0031.
The Office will submit a change worksheet to OMB to add these Patent
Law Treaty Model International Forms and form revisions to the
information collections approved under OMB control numbers 0651-0016,
0651-0020, 0651-0027, 0651-0031, 0651-0032, and 0651-0035.
This rulemaking proposes to add petitions to restore the right of
priority to a prior-filed foreign application or a petition to restore
the right to benefit of a prior-filed provisional application. The
collection of information involved in this notice has been submitted to
OMB under OMB control number 0651-00xx. The proposed collection will be
available at OMB's Information Collection Review Web site:
www.reginfo.gov/public/do/PRAMain.
Title of Collection: Patent Law Treaty.
OMB Control Number: 0651-00xx.
Needs and Uses: This information collection is necessary so that
patent applicants and/or patentees may seek restoration of the right of
priority to a prior-filed foreign application or of the right to
benefit of a prior-filed provisional application. The Office will use
the petition to restore the right of priority to a prior-filed foreign
application or the right to benefit of a prior-filed provisional
application to determine whether the applicant has satisfied the
conditions of the applicable statute (35 U.S.C. 119) and regulations
(proposed 37 CFR 1.55(b) and 1.78(a)(1)).
Method of Collection: By mail, facsimile, hand delivery, or
electronically to the Office.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: 500 responses per year.
Estimated Time per Response: The Office estimates that the
responses in this collection will take the public approximately 1.0
hours.
Estimated Total Annual Respondent Burden Hours: 500 hours per year.
Estimated Total Annual (Hour) Respondent Cost Burden: $185,500 per
year (500 hours per year at $371 per hour).
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The Office is soliciting comments to: (1) Evaluate whether the
proposed information requirement is necessary for the proper
performance of the functions of the Office, including whether the
information will have practical utility; (2) evaluate the accuracy of
the Office's estimate of the burden; (3) enhance the quality, utility,
and clarity of the information to be collected; and (4) minimize the
burden of collecting the information on those who are to respond,
including by using appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology.
Please send comments on or before June 10, 2013 to Mail Stop
Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria,
VA 22313-1450, marked to the attention of Raul Tamayo, Legal Advisor,
Office of Patent Legal Administration, Office of the Deputy
Commissioner for Patent Examination Policy. Comments should also be
submitted to the Office of Information and Regulatory Affairs, Office
of Management and Budget, New Executive Office Building, Room 10202,
725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for
the United States Patent and Trademark Office.
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, unless that collection of information
displays a currently valid OMB control number.
List of Subjects
37 CFR Part 1
Administrative practice and procedure, Courts, Freedom of
Information, Inventions and patents, Reporting and record keeping
requirements, Small Businesses.
37 CFR Part 3
Administrative practice and procedure, Inventions and patents,
Trademarks.
For the reasons set forth in the preamble, 37 CFR parts 1 and 3 are
proposed to be amended as follows:
PART 1 - RULES OF PRACTICE IN PATENT CASES
. 1. The authority citation for 37 CFR part 1 continues to read as
follows:
Authority: 35 U.S.C. 2(b)(2).
. 2. Section 1.4 is amended by revising paragraph (c), redesignating
paragraphs (d)(3) and (d)(4) as paragraphs (d)(4) and (d)(5),
respectively, and adding a new paragraph (d)(3) to read as follows:
§ 1.4 Nature of correspondence and signature requirements.
* * * * *
(c) Since different matters may be considered by different branches
or sections of the Office, each distinct subject, inquiry or order must
be contained in a separate paper to avoid confusion and delay in
answering papers dealing with different subjects. Subjects provided for
on a single Office or World Intellectual Property Organization form may
be contained in a single paper.
(d) * * *
(3) Electronically submitted correspondence. Correspondence
permitted via the Office electronic filing system may be signed by a
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graphic representation of a handwritten signature as provided for in
paragraph (d)(1) of this section or a graphic representation of an S-
signature as provided for in paragraph (d)(2) of this section when it
is submitted via the Office electronic filing system.
* * * * *
3. Section 1.16 is amended by revising paragraph (f) to read as
follows:
§ 1.16 National application filing, search, and examination fees.
* * * * *
(f) Surcharge for filing any of the basic filing fee, the search
fee, the examination fee, or the inventor's oath or declaration on a
date later than the filing date of the application, for an application
that does not contain at least one claim on the filing date of the
application, and for an application filed by reference to a previously
filed application under § 1.57(a), except provisional applications:
By a micro entity (§ 1.29)................................ $35.00
By a small entity (§ 1.27(a))............................. 70.00
By other than a small or micro entity...................... 140.00
* * * * *
. 4. Section 1.17 is amended by revising paragraphs (f), (m), and (p),
adding new paragraph (o), and removing and reserving paragraphs (l) and
(t) to read as follows:
§ 1.17 Patent application and reexamination processing fees.
* * * * *
(f) For filing a petition under one of the following sections which
refers to this paragraph:
By a micro entity (§ 1.29)................................ $100.00
By a small entity (§ 1.27(a))............................. 200.00
By other than a small or micro entity...................... 400.00
§ 1.36(a) - for revocation of a power of attorney by fewer than
all of the applicants.
§ 1.53(e) - to accord a filing date.
§ 1.57(a) - to accord a filing date.
§ 1.57(b) - to accord a filing date.
§ 1.182 - for decision on a question not specifically provided
for.
§ 1.183 - to suspend the rules.
§ 1.741(b) - to accord a filing date to an application under
§ 1.740 for extension of a patent term.
* * * * *
(l) [Reserved]
(m) For filing a petition for the revival of an abandoned
application for a patent, for the delayed payment of the fee for
issuing each patent, for the delayed response by the patent owner in
any reexamination proceeding, for the delayed payment of the fee for
maintaining a patent in force, for the delayed submission of a priority
or benefit claim, or for the extension of the twelve-month (six-month
for designs) period for filing a subsequent application
(§§ 1.55(b), 1.55(d), 1.78(a)(1), 1.78(b), 1.78(d), 1.137, and 1.378):
By a small entity (§ 1.27(a))............................. $850.00
By other than a small or micro entity...................... 1,700.00
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* * * * *
(o) For every ten items or fraction thereof in a third-party
submission under § 1.290:
By a small entity (§ 1.27(a))............................. $90.00
By other than a small entity............................... 180.00
(p) For an information disclosure statement under § 1.97(c) or
(d):
By a micro entity (§ 1.29)................................ $45.00
By a small entity (§ 1.27(a))............................. 90.00
By other than a small or micro entity...................... 180.00
* * * * *
(t) [Reserved]
. 5. Section 1.20 is amended by removing and reserving paragraph (i).
§ 1.20 Post issuance fees.
* * * * *
(i) [Reserved]
* * * * *
. 6. Section 1.23 is amended by adding a new paragraph (c) to read as
follows:
§ 1.23 Methods of payment.
* * * * *
(c) A fee transmittal letter may be signed by a juristic applicant
or patent owner.
. 7. Section 1.29 is amended by revising the first sentence of paragraph
(e) and paragraph (k)(4) to read as follows:
§ 1.29 Micro entity status.
* * * * *
(e) Micro entity status is established in an application by filing
a micro entity certification in writing complying with the requirements
of either paragraph (a) or paragraph (d) of this section and signed
either in compliance with § 1.33(b) or in an international
application filed in a Receiving Office other than the United States
Receiving Office by a person authorized to represent the applicant
under § 1.455. * * *
* * * * *
(k) * * *
(4) Any deficiency payment (based on a previous erroneous payment
of a micro entity fee) submitted under this paragraph will be treated
as a notification of a loss of entitlement to micro entity status under
paragraph (i) of this section.
. 8. Section 1.51 is amended by revising paragraph (a) to read as
follows:
§ 1.51 General requisites of an application.
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(a) Applications for patents must be made to the Director of the
United States Patent and Trademark Office. An application transmittal
letter limited to the transmittal of the documents and fees comprising
a patent application under this section may be signed by a juristic
applicant or patent owner.
* * * * *
. 9. Section 1.53 is amended by revising the introductory text of
paragraphs (b) and (c), and revising paragraphs (f)(1), (f)(2) and
(f)(3)(ii) to read as follows:
§ 1.53 Application number, filing date, and completion of
application.
* * * * *
(b) Application filing requirements - Nonprovisional application.
The filing date of an application for patent filed under this section,
other than an application for a design patent or a provisional
application under paragraph (c) of this section, is the date on which a
specification, with or without claims is received in the Office. The
filing date of an application for a design patent filed under this
section, except for a continued prosecution application under paragraph
(d) of this section, is the date on which the specification as
prescribed by 35 U.S.C. 112, including at least one claim, and any
required drawings are received in the Office. No new matter may be
introduced into an application after its filing date. A continuing
application, which may be a continuation, divisional, or continuation-
in-part application, may be filed under the conditions specified in 35
U.S.C. 120, 121, or 365(c) and §§ 1.78(c) and (d).
* * * * *
(c) Application filing requirements - Provisional application. The
filing date of a provisional application is the date on which a
specification, with or without claims is received in the Office. No
amendment, other than to make the provisional application comply with
the patent statute and all applicable regulations, may be made to the
provisional application after the filing date of the provisional
application.
* * * * *
(f) Completion of application subsequent to filing - Nonprovisional
(including continued prosecution or reissue) application. (1) If an
application which has been accorded a filing date pursuant to paragraph
(b) or (d) of this section does not include the basic filing fee, the
search fee, or the examination fee, or if an application which has been
accorded a filing date pursuant to paragraph (b) of this section does
not include at least one claim or the inventor's oath or declaration
(§§ 1.63, 1.64, 1.162 or 1.175), and the applicant has provided
a correspondence address (§ 1.33(a)), the applicant will be
notified and given a period of time within which to file a claim or
claims, pay the basic filing fee, search fee, and examination fee, and
pay the surcharge if required by § 1.16(f) to avoid abandonment.
(2) If an application which has been accorded a filing date
pursuant to paragraph (b) of this section does not include the basic
filing fee, the search fee, the examination fee, at least one claim, or
the inventor's oath or declaration, and the applicant has not provided
a correspondence address (§ 1.33(a)), the applicant has three
months from the filing date of the application within which to file a
claim or claims, pay the basic filing fee, search fee, and examination
fee, and pay the surcharge required by § 1.16(f) to avoid
abandonment.
(3) * * *
(ii) The applicant must file each required oath or declaration in
compliance with § 1.63, or substitute statement in compliance with
§ 1.64, no later than the date on which the issue fee for the
patent is paid. If the applicant is notified in a notice of
allowability that an oath or declaration in compliance with § 1.63,
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or substitute statement in compliance with § 1.64, executed by or
with respect to each named inventor has not been filed, the applicant
must file each required oath or declaration in compliance with §
1.63, or substitute statement in compliance with § 1.64, no later
than the date on which the issue fee is paid to avoid abandonment. This
time period is not extendable under § 1.136 (see § 1.136(c)).
The Office may dispense with the notice provided for in paragraph
(f)(1) of this section if each required oath or declaration in
compliance with § 1.63, or substitute statement in compliance with
§ 1.64, has been filed before the application is in condition for
allowance.
* * * * *
. 10. Section 1.54 is amended by revising paragraph (b) to read as
follows
§ 1.54 Parts of application to be filed together; filing receipt.
* * * * *
(b) Applicant will be informed of the application number and filing
date by a filing receipt, unless the application is an application
filed under § 1.53(d). A letter limited to a request for a filing
receipt may be signed by a juristic applicant or patent owner.
. 11. Section 1.55 is amended by revising paragraphs (b), (c), and (e),
and the introductory text of paragraph (i) to read as follows:
§ 1.55 Claim for foreign priority.
* * * * *
(b) Time for filing subsequent application. (1) Except as provided
in paragraph (b)(2) of this section, the nonprovisional application
must be filed not later than twelve months (six months in the case of a
design application) after the date on which the foreign application was
filed, or be entitled to claim the benefit under 35 U.S.C. 120, 121, or
365(c) of an application that was filed not later than twelve months
(six months in the case of a design application) after the date on
which the foreign application was filed. The twelve-month period is
subject to 35 U.S.C. 21(b) (and § 1.7(a)) and PCT Rule 80.5, and
the six-month period is subject to 35 U.S.C. 21(b) (and § 1.7(a)).
(2) If the subsequent application has a filing date which is after
the expiration of the twelve-month period (six-month period in the case
of a design application) set forth in paragraph (b)(1) of this section
but within two months from the expiration of the period set forth in
paragraph (b)(1) of this section, the right of priority in the
subsequent application may be restored under PCT Rule 26bis.3 for an
international application or upon petition if the delay in the
subsequent application within the period set forth in paragraph (b)(1)
of this section was unintentional. A petition to restore the right of
priority under this paragraph filed in the subsequent application must
include:
(i) The priority claim under 35 U.S.C. 119(a) through (d) or (f),
or 365(a) or (b) in an application data sheet (§ 1.76(b)(6)),
identifying the foreign application for which priority is claimed, by
specifying the application number, country (or intellectual property
authority), day, month, and year of its filing, unless previously
submitted;
(ii) The petition fee as set forth in § 1.17(m); and
(iii) A statement that the delay in filing the subsequent
application within the twelve-month period (six-month period in the
case of a design application) as set forth in paragraph (b)(1) of this
section was unintentional. The Director may require additional
information where there is a question whether the delay was unintentional.
(c) Time for filing priority claim and certified copy of foreign
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application in an application entering the national stage under 35
U.S.C. 371. In an international application entering the national stage
under 35 U.S.C. 371, the claim for priority must be made and a
certified copy of the foreign application must be filed within the time
limit set forth in the PCT and the Regulations under the PCT. If a
certified copy of the foreign application is not filed during the
international stage, a certified copy of the foreign application must
be filed within four months from the date of entry into the national
stage as set forth in § 1.491 or sixteen months from the filing
date of the prior-filed foreign application, except as provided in
paragraphs (h) and (i) of this section. If a certified copy of the
foreign application is not filed within four months from the date of
entry into the national stage as set forth in § 1.491 or sixteen
months from the filing date of the prior-filed foreign application, and
the exceptions in paragraphs (h) and (i) of this section are not
applicable, the certified copy of the foreign application must be
accompanied by a petition including a showing of good and sufficient
cause for the delay and the petition fee set forth in § 1.17(g).
* * * * *
(e) Delayed priority claim in an application filed under 35 U.S.C.
111(a) or in a national stage application under 35 U.S.C. 371. Unless
such claim is accepted in accordance with the provisions of this
paragraph, any claim for priority under 35 U.S.C. 119(a) through (d) or
(f), or 365(a) or (b) in an original application filed under 35 U.S.C.
111(a) not presented in an application data sheet (§ 1.76(b)(6)),
or in a national stage application under 35 U.S.C. 371 not presented in
accordance with the PCT and the Regulations under the PCT, within the
time period provided by paragraph (c) or (d) of this section is
considered to have been waived. If a claim for priority is presented
after the time period provided by paragraph (c) or (d) of this section,
the claim may be accepted if the priority claim was unintentionally
delayed. A petition to accept a delayed claim for priority under 35
U.S.C. 119(a) through (d) or (f), or 365(a) or (b) must be accompanied
by:
(1) The priority claim under 35 U.S.C. 119(a) through (d) or (f),
or 365(a) or (b) in an application data sheet (§ 1.76(b)(6)),
identifying the foreign application for which priority is claimed, by
specifying the application number, country (or intellectual property
authority), day, month, and year of its filing, unless previously
submitted;
(2) A certified copy of the foreign application if required by
paragraph (c) or (f) of this section, unless previously submitted;
(3) The petition fee as set forth in § 1.17(m); and
(4) A statement that the entire delay between the date the priority
claim was due under paragraph (c) or (d) of this section and the date
the priority claim was filed was unintentional. The Director may
require additional information where there is a question whether the
delay was unintentional.
* * * * *
(i) Interim copy. The requirement in paragraph (c) or (f) for a
certified copy of the foreign application to be filed within the time
limit set forth therein will be considered satisfied if:
* * * * *
. 12. Section 1.57 is amended by redesignating paragraphs (a) through (g)
as paragraphs (b) through (h), respectively, and adding paragraphs (a)
and (i) to read as follows:
§ 1.57 Incorporation by reference.
(a) Subject to the conditions and requirements of this paragraph, a
reference made in the English language in an application data sheet in
accordance with § 1.76 upon the filing of an application under 35
U.S.C. 111(a) to a previously filed application, indicating that the
specification and any drawings of the application are replaced by the
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reference to the previously filed application, and specifying the
previously filed application by application number, filing date, and
the intellectual property authority or country in which the application
was filed, shall constitute the specification and any drawings of the
subsequent application for purposes of a filing date under § 1.53(b).
(1) If the applicant has provided a correspondence address
(§ 1.33(a)), the applicant will be notified and given a period of time
within which to file a copy of the specification and drawings from the
previously filed application, an English language translation of the
previously filed application and the fee required by § 1.17(i) if
it is in a language other than English, and pay the surcharge required
by § 1.16(f) to avoid abandonment. Such a notice may be combined
with a notice under § 1.53(f).
(2) If the applicant has not provided a correspondence address
(§ 1.33(a)), the applicant has three months from the filing date of
the application to file a copy of the specification and drawings from
the previously filed application, an English language translation of
the previously filed application and the fee required by § 1.17(i)
if it is in a language other than English, and pay the surcharge
required by § 1.16(f) to avoid abandonment.
(3) An application abandoned under paragraph (a)(1) or (a)(2) of
this section shall be treated as having never been filed, unless:
(i) The application is revived under § 1.137; and
(ii) A copy of the specification and any drawings of the previously
filed application are filed in the Office.
(4) A certified copy of the previously filed application must be
filed in the Office or received by the Office from a foreign
intellectual property office participating in a priority document
exchange agreement within the later of four months from the filing date
of the application or sixteen months from the filing date of the
previously filed application, unless the previously filed application
is an application filed under 35 U.S.C. 111 or 363. Failure to comply
with this requirement will result in the application not being accorded
a filing date earlier than the date a copy of the specification and
drawings from the previously filed application is filed in or received
by the Office in the absence of a petition pursuant to this paragraph
accompanied by the fee set forth in § 1.17(f).
* * * * *
(i) An application transmittal letter limited to the transmittal of
a copy of the specification and drawings from a previously filed
application submitted under paragraph (a) or (b) of this section may be
signed by a juristic applicant or patent owner.
. 13. Section 1.58 is amended by revising paragraph (a) to read as
follows:
§ 1.58 Chemical and mathematical formulae and tables.
(a) The specification, including the claims, may contain chemical
and mathematical formulae, but shall not contain drawings or flow
diagrams. The description portion of the specification may contain
tables, but the same tables should not be included in both the drawings
and description portion of the specification. Claims may contain tables
either if necessary to conform to 35 U.S.C. 112 or if otherwise found
to be desirable.
* * * * *
. 14. Section 1.72 is amended by revising paragraph (b) to read as
follows:
§ 1.72 Title and abstract.
* * * * *
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(b) A brief abstract of the technical disclosure in the
specification must commence on a separate sheet, preferably following
the claims, under the heading "Abstract" or "Abstract of the
Disclosure." The sheet or sheets presenting the abstract may not
include other parts of the application or other material. The abstract
must be as concise as the disclosure permits, preferably not exceeding
150 words in length. The purpose of the abstract is to enable the
Office and the public generally to determine quickly from a cursory
inspection the nature and gist of the technical disclosure.
. 15. Section 1.76 is amended by revising paragraph (b)(3) and adding a
new paragraph (f) to read as follows:
§ 1.76 Application data sheet.
* * * * *
(b) * * *
(3) Application information. This information includes the title of
the invention, the total number of drawing sheets, a suggested drawing
figure for publication (in a nonprovisional application), any docket
number assigned to the application, the type of application (e.g.,
utility, plant, design, reissue, provisional), whether the application
discloses any significant part of the subject matter of an application
under a secrecy order pursuant to § 5.2 of this chapter (see
§ 5.2(c)), and, for plant applications, the Latin name of the genus and
species of the plant claimed, as well as the variety denomination. This
information also includes the reference to the previously filed
application, indicating that the specification and any drawings of the
application are replaced by the reference to the previously filed
application, and specifying the previously filed application by
application number, filing date, and the intellectual property
authority or country in which the application was filed, for an
application filed by reference to a previously filed application under
§ 1.57(a).
* * * * *
(f) Patent Law Treaty Model International Forms. The requirement in
§ 1.55 or § 1.78 for the presentation of a priority or benefit
claim under 35 U.S.C. 119, 120, 121, or 365 in an application data
sheet will be satisfied by the presentation of such priority or benefit
claim in the Patent Law Treaty Model International Request Form, and
the requirement in § 1.57(a) for a reference to the previously
filed application in an application data sheet will be satisfied by the
presentation of such reference to the previously filed application in
the Patent Law Treaty Model International Request Form. The requirement
in § 1.46 for the presentation of the name of the applicant under
35 U.S.C. 118 in an application data sheet will be satisfied by the
presentation of the name of the applicant in the Patent Law Treaty
Model International Request Form, Patent Law Treaty Model International
Request for Recordation of Change in Name or Address Form, or Patent
Law Treaty Model International Request for Recordation of Change in
Applicant or Owner Form, as applicable. The requirement in § 1.55
or § 1.78 for the presentation of a priority or benefit claim under
35 U.S.C. 119, 120, 121, or 365 in an application data sheet and the
requirement in § 1.46 for the presentation of the name of the
applicant under 35 U.S.C. 118 in an application data sheet will also be
satisfied by the presentation of such priority or benefit claim and
presentation of the name of the applicant in a Patent Cooperation
Treaty Request Form if the Patent Cooperation Treaty Request Form is
accompanied by a clear indication that treatment of the application as
an application under 35 U.S.C. 111 is desired.
. 16. Section 1.78 is amended by revising paragraphs (a)(1), (a)(4), (b),
(c)(3), and (d)(2) to read as follows:
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§ 1.78 Claiming benefit of earlier filing date and cross-
references to other applications.
(a) * * *
(1)(i) Except as provided in paragraph (a)(1)(ii) of this section,
the nonprovisional application or international application designating
the United States of America must be filed not later than twelve months
after the date on which the provisional application was filed, or be
entitled to claim the benefit under 35 U.S.C. 120, 121, or 365(c) of an
application that was filed not later than twelve months after the date
on which the provisional application was filed. This twelve-month
period is subject to 35 U.S.C. 21(b) (and § 1.7(a)) and PCT Rule 80.5.
(ii) If the nonprovisional application or international application
designating the United States of America has a filing date which is
after the expiration of the twelve-month period set forth in paragraph
(a)(1)(i) of this section but within two months from the expiration of
the period set forth in paragraph (a)(1)(i) of this section, the
benefit of the provisional application may be restored under PCT Rule
26bis.3 for an international application or upon petition if the delay
in filing the nonprovisional application or international application
designating the United States of America within the period set forth in
paragraph (a)(1)(i) of this section was unintentional. A petition to
restore the benefit of the provisional application under this paragraph
filed in the nonprovisional application or international application
designating the United States of America must include:
(A) The reference required by 35 U.S.C. 119(e) and paragraph (a)(3)
of this section to the prior-filed provisional application, unless
previously submitted;
(B) The petition fee as set forth in § 1.17(m); and
(C) A statement that the delay in filing the nonprovisional
application or international application designating the United States
of America within the twelve-month period set forth in paragraph
(a)(1)(i) of this section was unintentional. The Director may require
additional information where there is a question whether the delay was
unintentional.
(iii) The restoration of the right of priority under PCT Rule
26bis.3 to a provisional application does not affect the requirement to
include the reference required by paragraph (a)(3) of this section to
the provisional application in a national stage application under 35
U.S.C. 371 within the time period provided by paragraph (a)(4) of this
section to avoid the benefit claim being considered waived.
* * * * *
(4) The reference required by paragraph (a)(3) of this section must
be submitted during the pendency of the later-filed application. If the
later-filed application is an application filed under 35 U.S.C. 111(a),
this reference must also be submitted within the later of four months
from the actual filing date of the later-filed application or sixteen
months from the filing date of the prior-filed provisional application.
If the later-filed application is a national stage application under 35
U.S.C. 371, this reference must also be submitted within the later of
four months from the date on which the national stage commenced under
35 U.S.C. 371(b) or (f), four months from the date of the initial
submission under 35 U.S.C. 371 to enter the national stage, or sixteen
months from the filing date of the prior-filed provisional application.
Except as provided in paragraph (b) of this section, failure to timely
submit the reference is considered a waiver of any benefit under 35
U.S.C. 119(e) of the prior-filed provisional application.
* * * * *
(b) Delayed claims under 35 U.S.C. 119(e) for the benefit of a
prior-filed provisional application. If the reference required by 35
U.S.C. 119(e) and paragraph (a)(3) of this section is presented in an
application after the time period provided by paragraph (a)(4) of this
section, the claim under 35 U.S.C. 119(e) for the benefit of a prior-filed
provisional application may be accepted if the reference identifying the
prior-filed application by provisional application number was
unintentionally delayed. A petition to accept an unintentionally delayed
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claim under 35 U.S.C. 119(e) for the benefit of a prior-filed provisional
application must be accompanied by:
(1) The reference required by 35 U.S.C. 119(e) and paragraph (a)(3)
of this section to the prior-filed provisional application, unless
previously submitted;
(2) The petition fee as set forth in § 1.17(m); and
(3) A statement that the entire delay between the date the benefit
claim was due under paragraph (a)(4) of this section and the date the
benefit claim was filed was unintentional. The Director may require
additional information where there is a question whether the delay was
unintentional.
* * * * *
(c) * * *
(3) The reference required by 35 U.S.C. 120 and paragraph (c)(2) of
this section must be submitted during the pendency of the later-filed
application. If the later-filed application is an application filed
under 35 U.S.C. 111(a), this reference must also be submitted within
the later of four months from the actual filing date of the later-filed
application or sixteen months from the filing date of the prior-filed
application. If the later-filed application is a nonprovisional
application entering the national stage from an international
application under 35 U.S.C. 371, this reference must also be submitted
within the later of four months from the date on which the national
stage commenced under 35 U.S.C. 371(b) or (f) in the later-filed
international application, four months from the date of the initial
submission under 35 U.S.C. 371 to enter the national stage, or sixteen
months from the filing date of the prior-filed application. Except as
provided in paragraph (d) of this section, failure to timely submit the
reference required by 35 U.S.C. 120 and paragraph (c)(2) of this
section is considered a waiver of any benefit under 35 U.S.C. 120, 121,
or 365(c) to the prior-filed application. The time periods in this
paragraph do not apply in a design application.
* * * * *
(d) * * *
(2) The petition fee as set forth in § 1.17(m); and
* * * * *
. 17. Section 1.81 is amended by revising paragraph (a) to read as
follows:
§ 1.81 Drawings required in patent application.
(a) The applicant for a patent is required to furnish a drawing of
his or her invention where necessary for the understanding of the
subject matter sought to be patented. Since corrections are the
responsibility of the applicant, the original drawing(s) should be
retained by the applicant for any necessary future correction.
* * * * *
. 18. Section 1.83 is amended by revising paragraph (a) to read as
follows:
§ 1.83 Content of drawing.
(a) The drawing in a nonprovisional application must show every
feature of the invention specified in the claims. However, conventional
features disclosed in the description and claims, where their detailed
illustration is not essential for a proper understanding of the
invention, should be illustrated in the drawing in the form of a
graphical drawing symbol or a labeled representation (e.g., a labeled
rectangular box). In addition, tables that are included in the
specification and sequences that are included in sequence listings
should not be duplicated in the drawings.
* * * * *
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. 19. Section 1.85 is amended by revising paragraph (c) to read as
follows:
§ 1.85 Corrections to drawings.
* * * * *
(c) If a corrected drawing is required or if a drawing does not
comply with § 1.84 at the time an application is allowed, the
Office may notify the applicant in a notice of allowability and set a
three-month period of time from the mail date of the notice of
allowability within which the applicant must file a corrected drawing
in compliance with § 1.84 to avoid abandonment. This time period is
not extendable under § 1.136 (see § 1.136(c)).
. 20. Section 1.137 is amended by revising its section heading and
paragraphs (a), (b), (c), (e) and (f) to read as follows:
§ 1.137 Revival of abandoned application, or terminated or limited
reexamination prosecution.
(a) Revival on the basis of unintentional delay. If the delay in
reply by applicant or patent owner was unintentional, a petition may be
filed pursuant to this section to revive an abandoned application or a
reexamination prosecution terminated under § 1.550(d) or § 1.957(b)
or limited under § 1.957(c).
(b) Petition requirements. A grantable petition pursuant to this
section must be accompanied by:
(1) The reply required to the outstanding Office action or notice,
unless previously filed;
(2) The petition fee as set forth in § 1.17(m);
(3) A statement that the entire delay in filing the required reply
from the due date for the reply until the filing of a grantable
petition pursuant to this section was unintentional. The Director may
require additional information where there is a question whether the
delay was unintentional; and
(4) Any terminal disclaimer (and fee as set forth in § 1.20(d))
required pursuant to paragraph (d) of this section.
(c) Reply. In an application abandoned under § 1.57(a), the
reply must include a copy of the specification and any drawings of the
previously filed application. In an application or patent abandoned for
failure to pay the issue fee or any portion thereof, the required reply
must include payment of the issue fee or any outstanding balance. In an
application abandoned for failure to pay the publication fee, the
required reply must include payment of the publication fee. In a
nonprovisional application abandoned for failure to prosecute, the
required reply may be met by the filing of a continuing application. In
a nonprovisional utility or plant application filed on or after June 8,
1995, abandoned after the close of prosecution as defined in § 1.114(b),
the required reply may also be met by the filing of a request for
continued examination in compliance with § 1.114.
* * * * *
(e) Request for reconsideration. Any request for reconsideration or
review of a decision refusing to revive an abandoned application, or a
terminated or limited reexamination prosecution, upon petition filed
pursuant to this section, to be considered timely, must be filed within
two months of the decision refusing to revive or within such time as
set in the decision. Unless a decision indicates otherwise, this time
period may be extended under:
(1) The provisions of § 1.136 for an abandoned application;
(2) The provisions of § 1.550(c) for a terminated ex parte
reexamination prosecution, where the ex parte reexamination was filed
under § 1.510; or
(3) The provisions of § 1.956 for a terminated inter partes
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reexamination prosecution or an inter partes reexamination limited as
to further prosecution, where the inter partes reexamination was filed
under § 1.913.
(f) Abandonment for failure to notify the Office of a foreign
filing. A nonprovisional application abandoned pursuant to 35 U.S.C.
122(b)(2)(B)(iii) for failure to timely notify the Office of the filing
of an application in a foreign country or under a multinational treaty
that requires publication of applications eighteen months after filing,
may be revived pursuant to this section. The reply requirement of
paragraph (c) of this section is met by the notification of such filing
in a foreign country or under a multinational treaty, but the filing of
a petition under this section will not operate to stay any period for
reply that may be running against the application.
* * * * *
. 21. Section 1.290 is amended by revising paragraph (f) to read as
follows:
§ 1.290 Submissions by third parties in applications.
* * * * *
(f) Any third-party submission under this section must be
accompanied by the fee set forth in § 1.17(o) for every ten items
or fraction thereof identified in the document list.
* * * * *
§ 1.317 [Reserved]
. 22. Section 1.317 is removed and reserved.
. 23. Section 1.366 is amended by revising paragraph (a) to read as
follows:
§ 1.366 Submission of maintenance fees.
(a) The patentee may pay maintenance fees and any necessary
surcharges, or any person or organization may pay maintenance fees and
any necessary surcharges on behalf of a patentee. A maintenance fee
transmittal letter may be signed by a juristic applicant or patent
owner. A patentee need not file authorization to enable any person or
organization to pay maintenance fees and any necessary surcharges on
behalf of the patentee.
* * * * *
. 24. Section 1.378 is revised to read as follows:
§ 1.378 Acceptance of delayed payment of maintenance fee in
expired patent to reinstate patent.
(a) The Director may accept the payment of any maintenance fee due
on a patent after expiration of the patent if, upon petition, the delay
in payment of the maintenance fee is shown to the satisfaction of the
Director to have been unintentional. If the Director accepts payment of
the maintenance fee upon petition, the patent shall be considered as
not having expired, but will be subject to the conditions set forth in
35 U.S.C. 41(c)(2).
(b) Any petition to accept an unintentionally delayed payment of a
maintenance fee must include:
(1) The required maintenance fee set forth in § 1.20(e) through
(g);
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(2) The petition fee as set forth in § 1.17(m); and
(3) A statement that the delay in payment of the maintenance fee
was unintentional. The Director may require additional information
where there is a question whether the delay was unintentional.
(c) Any petition under this section must be signed in compliance
with § 1.33(b).
(d) Reconsideration of a decision refusing to accept a maintenance
fee may be obtained by filing a petition for reconsideration within two
months of the decision, or such other time as set in the decision
refusing to accept the delayed payment of the maintenance fee. Any such
petition for reconsideration must be accompanied by the petition fee
set forth in § 1.17(f).
(e) If the delayed payment of the maintenance fee is not accepted,
the maintenance fee will be refunded following the decision on the
petition for reconsideration, or after the expiration of the time for
filing such a petition for reconsideration, if none is filed. Any
petition fee under this section will not be refunded unless the refusal
to accept and record the maintenance fee is determined to result from
an error by the Office.
. 25. Section 1.452 is amended by removing paragraph (d) and revising
paragraph (b)(2) to read as follows:
§ 1.452 Restoration of right of priority.
* * * * *
(b) * * *
(2) The petition fee as set forth in § 1.17(m); and
* * * * *
. 26. Section 1.495 is amended by revising paragraph (c)(3)(ii) to read
as follows:
§ 1.495 Entering the national stage in the United States of
America.
* * * * *
(c) * * *
(3) * * *
(ii) The applicant must file each required oath or declaration in
compliance with § 1.63, or substitute statement in compliance with
§ 1.64, no later than the date on which the issue fee for the
patent is paid. If the applicant is notified in a notice of
allowability that an oath or declaration in compliance with § 1.63,
or substitute statement in compliance with § 1.64, executed by or
with respect to each named inventor has not been filed, the applicant
must file each required oath or declaration in compliance with
§ 1.63, or substitute statement in compliance with § 1.64, no later
than the date on which the issue fee is paid to avoid abandonment. This
time period is not extendable under § 1.136 (see § 1.136(c)).
The Office may dispense with the notice provided for in paragraph
(c)(1) of this section if each required oath or declaration in
compliance with § 1.63, or substitute statement in compliance with
§ 1.64, has been filed before the application is in condition for
allowance.
* * * * *
. 27. Section 1.704 is amended by redesignating paragraphs (c)(11) and
(c)(12) as paragraphs (c)(12) and (c)(13), respectively, and adding new
paragraphs (c)(11) and (f) to read as follows:
§ 1.704 Reduction of period of adjustment of patent term.
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* * * * *
(c) * * *
(11) Failure to provide an application in condition for examination
as defined in paragraph (f) of this section within eight months from
either the date on which the application was filed under 35 U.S.C.
111(a) or the date of commencement of the national stage under 35
U.S.C. 371(b) or (f) in an international application, in which case the
period of adjustment set forth in § 1.703 shall be reduced by the
number of days, if any, beginning on the day after the date that is
eight months from either the date on which the application was filed
under 35 U.S.C. 111(a) or the date of commencement of the national
stage under 35 U.S.C. 371(b) or (f) in an international application and
ending on the date the application is in condition for examination as
defined in paragraph (f) of this section.
* * * * *
(f) An application filed under 35 U.S.C. 111(a) is in condition for
examination when the application includes a specification, including at
least one claim and an abstract (§ 1.72(b)), and has papers in
compliance with § 1.52, drawings (if any) in compliance with § 1.84,
any English translation required by § 1.52(d) or § 1.57(a), a sequence
listing in compliance with § 1.821 through § 1.825 (if applicable), the
inventor's oath or declaration or application data sheet containing the
information specified in § 1.63(b), the basic filing fee (§ 1.16(a) or
§ 1.16(c)), any certified copy of the previously filed application
required by § 1.57(a), and any application size fee required by the Office
under § 1.16(s). An international application is in condition for
examination when the application has entered the national stage as
defined in § 1.491(b), and includes a specification, including at
least one claim and an abstract (§ 1.72(b)), and has papers in
compliance with § 1.52, drawings (if any) in compliance with § 1.84,
a sequence listing in compliance with § 1.821 through § 1.825 (if
applicable), the inventor's oath or declaration or application data sheet
containing the information specified in § 1.63(b), and any application size
fee required by the Office under § 1.492(j).
. 28. Section 1.809 is amended by revising paragraph (c) to read as
follows:
§ 1.809 Examination procedures.
* * * * *
(c) If an application for patent is otherwise in condition for
allowance except for a needed deposit and the Office has received a
written assurance that an acceptable deposit will be made, the Office
may notify the applicant in a notice of allowability and set a three-
month period of time from the mail date of the notice of allowability
within which the deposit must be made in order to avoid abandonment.
This time period is not extendable under § 1.136 (see § 1.136(c)).
* * * * *
PART 3 - ASSIGNMENT, RECORDING AND RIGHTS OF ASSIGNEE
. 29. The authority citation for part 3 continues to read as follows:
Authority: 15 U.S.C. 1123; 35 U.S.C. 2(b)(2).
. 30. Section 3.11 is amended by revising paragraph (a) to read as
follows:
§ 3.11 Documents which will be recorded.
(a) Assignments of applications, patents, and registrations, and
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other documents relating to interests in patent applications and
patents, accompanied by completed cover sheets as specified in § 3.28
and § 3.31, will be recorded in the Office. Other documents,
accompanied by completed cover sheets as specified in § 3.28 and
§ 3.31, affecting title to applications, patents, or registrations,
will be recorded as provided in this part or at the discretion of the
Director.
* * * * *
. 31. Section 3.31 is amended by revising paragraph (h) to read as
follows:
§ 3.31 Cover sheet content.
* * * * *
(h) The assignment cover sheet required by § 3.28 for a patent
application or patent will be satisfied by the Patent Law Treaty Model
International Request for Recordation of Change in Applicant or Owner
Form, Patent Law Treaty Model International Request for Recordation of
a License/Cancellation of the Recordation of a License Form, Patent Law
Treaty Model Certificate of Transfer Form or Patent Law Treaty Model
International Request for Recordation of a Security Interest/
Cancellation of the Recordation of a Security Interest Form, as
applicable, except where the assignment is also an oath or declaration
under § 1.63 of this chapter. An assignment cover sheet required by
§ 3.28 must contain a conspicuous indication of an intent to
utilize the assignment as an oath or declaration under § 1.63 of
this chapter.
April 1, 2013 TERESA STANEK REA
Acting Under Secretary of Commerce for Intellectual Property and
Acting Director of the United States Patent and Trademark Office
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