Ahead of Schedule, USPTO Publishes Proposed Rules to Implement Four Provisions of the America Invents Act

Leahy-Smith America Invents Act
Press Release

CONTACT: (Media Only)
Paul Fucito

(571) 272-8400 or paul.fucito@uspto.gov;

WASHINGTON-The United States Patent and Trademark Office (USPTO) has published four Notices of Proposed Rulemaking regarding implementation of various provisions of the (AIA). Specifically, the Notices appearing in the Federal Register propose rules concerning inventor oaths and declarations, as well as for third party submissions of prior art in a patent application and for third party citations of prior art in a patent file. The USPTO also published proposed rules related to the statute of limitations under which registered practitioners may be disciplined for misconduct before the Office.

Originally anticipated for release later this month, this publication of proposed rules commences a sixty-day period for public comment. The Agency expects to publish additional proposed rules implementing other AIA provisions later this month. These later publications will also have a sixty-day comment period, and they will include proposed rules for supplemental examination, inter partes review, post-grant review, the transitional program for covered business methods, and derivation.

"The agency is pleased to issue proposed rules for select provisions of the America Invents Act in the Federal Register ahead of schedule. Our early publication of these rules is due to the collaborative efforts of the patent community, other government agencies, and USPTO patent reform team," said Under Secretary of Commerce for Intellectual Property and Director of the USPTO David Kappos. "We look forward to receiving comments from the public about these proposals over the next sixty days."

The Notices can be accessed from the USPTO's website at www.uspto.gov/americainventsact. Public comments should be submitted in writing to following email addresses or as otherwise indicated in the Federal Register Notices:



Email Address for Comments

Inventor's Oath or Declarationoath_declaration@uspto.gov
Third Party Submission of Prior Art in a Patent Applicationpreissuance_submissions@uspto.gov
Citation of Prior Art in a Patent Filepost_patent_provisions@uspto.gov
OED Statute of LimitationsOED_SOL@uspto.gov


For non-press inquiries, contact Janet Gongola, Patent Reform Coordinator, at janet.gongola@uspto.gov. To stay current with the USPTO, subscribe to regular e-mail updates at www.uspto.gov/subscribe.