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(218) DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0003]
Extension of the Patent Application
Backlog Reduction Stimulus Plan
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and Trademark Office (USPTO)
published a notice in the Federal Register providing an additional
temporary basis (the Patent Application Backlog Reduction Stimulus
Plan) under which a small entity applicant may have an application
accorded special status for examination if the applicant expressly
abandons another copending unexamined application. The Patent
Application Backlog Reduction Stimulus Plan allows small entity
applicants having multiple applications currently pending before the
USPTO to have greater control over the priority with which their
applications are examined while also stimulating a reduction of the
backlog of unexamined patent applications pending before the USPTO. The
USPTO is extending Patent Application Backlog Reduction Stimulus Plan
until June 30, 2010.
DATES: Effective Date: February 1, 2010. The Patent Application Backlog
Reduction Stimulus Plan became effective on November 27, 2009.
FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer, Office of the
Deputy Commissioner for Patent Examination Policy, by telephone at 571-
272-7726; or via e-mail addressed to Pinchus.Laufer@uspto.gov; or by
mail addressed to: Box Comments Patents, Commissioner for Patents, P.O.
Box 1450, Alexandria, VA 22313-1450.
SUPPLEMENTARY INFORMATION: The USPTO published a notice in the Federal
Register providing an additional temporary basis (the Patent
Application Backlog Reduction Stimulus Plan) under which a small entity
applicant may have an application accorded special status for
examination if the applicant expressly abandons another copending
unexamined application. See Patent Application Backlog Reduction
Stimulus Program, 74 FR 62285 (Nov. 27, 2009), 1349 Off. Gaz. Pat. Off.
304 (Dec. 22, 2009) (notice). The Patent Application Backlog Reduction
Stimulus Plan allows small entity applicants having multiple
applications currently pending before the USPTO to have greater control
over the priority with which their applications are examined while also
stimulating a reduction of the backlog of unexamined patent
applications pending before the USPTO. The USPTO indicated that the
program would last for a period ending on February 28, 2010, but may be
extended for an additional time period thereafter. See Patent
Application Backlog Reduction Stimulus Program, 74 FR at 62287, 1349
Off. Gaz. Pat. Off. at 306.
The USPTO is extending Patent Application Backlog Reduction
Stimulus Plan until June 30, 2010. The USPTO may further extend the
procedures under Patent Application Backlog Reduction Stimulus Plan to
all applicants (on either a temporary or permanent basis), or may also
discontinue the procedures after June 30, 2010, depending upon the
results of the Patent Application Backlog Reduction Stimulus Plan. For
a petition under 37 CFR 1.102 to be granted under the Patent
Application Backlog Reduction Stimulus Plan (unless the Patent
Application Backlog Reduction Stimulus Plan is extended by a subsequent
notice), the petition under 37 CFR 1.102 and the letter of express
abandonment and its accompanying statement must be filed on or before
June 30, 2010.
January 26, 2010 DAVID J. KAPPOS
Under Secretary of Commerce for
Intellectual Property and
Director of the United States Patent
and Trademark Office
[1351 OG 202]