Establishment of Box EXPEDITED DESIGN


An expedited examination procedure is now available to design applicants
who request and qualify for expedited examination as set forth in
revised 37 CFR 1.155. See Changes to Implement the Patent Business
Goals; Final Rule, 65 Fed. Reg. 54603 (September 8, 2000) and 1238 Off.
Gaz. Pat. Office 77 (September 19, 2000). Design applicants seeking
expedited examination may file a design application in the U.S. Patent
and Trademark Office (USPTO) together with a corresponding request under
37 CFR 1.155 by hand-delivering the application papers and request
directly to the Design Group Director's office.

Effective immediately, the USPTO has established a special box
designated Box EXPEDITED DESIGN for applicants who wish to file a design
application and corresponding request under 37 CFR 1.155 in the USPTO by
mail, rather than by hand-delivery to the Design Group Director’s
office. All design application filings addressed to Box EXPEDITED DESIGN
will be forwarded immediately to the Design Group Director’s office
where expedited examination will be initiated provided the application
(including the design application filing fee) is in condition for
examination and a complete request under 37 CFR 1.155 (including the fee
specified at 37 CFR 1.17(k)) qualifies the application for expedited
examination. This box should NOT be used for any other design
application correspondence.

   For the convenience of those interested in expedited examination of
design applications, 37 CFR 1.155 is reproduced below:

      1.155 Expedited examination of design applications.
   (a) The applicant may request that the Office expedite the
examination of a design application. To qualify for expedited
examination:
   (1) The application must include drawings in compliance with Sec.
1.84;
   (2) The applicant must have conducted a preexamination search; and
   (3) The applicant must file a request for expedited examination
including:
   (i) The fee set forth in Sec. 1.17(k); and
   (ii) A statement that a preexamination search was conducted. The
statement must also indicate the field of search and include an
information disclosure statement in compliance with Sec. 1.98.
   (b) The Office will not examine an application that is not in
condition for examination (e.g., missing basic filing fee) even if the
applicant files a request for expedited examination under this section.

For applicants who choose to file a design application and
corresponding request under 37 CFR 1.155 by mail, the envelope should be
addressed:

   Box EXPEDITED DESIGN
   Commissioner for Patents
   Washington, D.C. 20231

Box EXPEDITED DESIGN should only be used for the initial filing of
design applications accompanied by a corresponding request for expedited
examination under 37 CFR 1.155. Box EXPEDITED DESIGN should NOT be used
for a request under 37 CFR 1.155 filed subsequent to the filing of the
corresponding design application. Instead, a subsequently filed request
under 37 CFR 1.155 should be made by facsimile to the Design Group
Director's office.

Placing unrelated or extraneous documents in an envelope marked for any
special box will significantly delay their reaching the area for which
they were intended.

Sept. 28, 2000                                             STEPHEN G. KUNIN
                                                    Deputy Commissioner for
                                                  Patent Examination Policy