 Top of Notices (68) December 28, 2021 |
US PATENT AND TRADEMARK OFFICE | Print This Notice 1493 CNOG 116 |
| Mail Issues, Office Closures, Postal Emergencies, etc. | Referenced Items (6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119) |
(68) Relief Available to Plant Patent Applicants in View of the COVID-19
Outbreak: File Plant Patent Applications and Correspondence via USPTO
Patent Electronic Filing Systems
The United States Patent and Trademark Office (USPTO) considers the
effects of the COVID-19 outbreak to be an "extraordinary situation" within
the meaning of 37 CFR 1.183. Accordingly, the USPTO will permit the filing
of plant patent applications and follow-on documents via USPTO patent
electronic filing systems (EFS-Web or Patent Center) in accordance with
this notice.
As set forth in the Legal Framework for Patent Electronic System, plant
patent applications (see 35 U.S.C. 161) filed under 35 U.S.C. 111(a) and
follow-on documents associated with plant patent applications have not been
permitted to be filed with the USPTO via USPTO patent electronic filing
systems (see https://www.uspto.gov/patents-application-process/filing-
online/legal-framework-efs-web). Due to the COVID-19 outbreak, any
prohibition against filing plant patent applications and follow-on
documents via USPTO patent electronic filing systems is hereby waived on a
temporary basis until further notice. Filers are reminded that only
registered users of USPTO patent electronic filing systems may file follow-
on documents into existing applications via USPTO patent electronic filing
systems.
The requirements for filing such plant patent applications and follow-on
documents via USPTO patent electronic filing systems were developed to
assist filers and facilitate the USPTO's identification and processing of
the plant patent applications and follow-on documents. The requirements are
as follows:
(1) The USPTO's transmittal form, PTO/AIA/19, Plant Patent Application
Transmittal, must accompany the application;
(2) The document description "Transmittal of New Application" (Doc Code
TRNA) must be selected for PTO/AIA/19 in USPTO patent electronic
filing systems;
(3) An indication must be made on the appropriate screen in USPTO patent
electronic filing systems that a utility patent application is being
filed (there is no option for a plant patent application);
(4) If fees are being paid, an authorization to charge all fees to a
USPTO deposit account (e.g., in a fee transmittal form such as USPTO
form PTO/SB/17) or an authorization to charge all fees to a credit
card using the Credit Card Payment Form (PTO-2038) must be provided.
This Credit Card Payment Form can be filed via USPTO patent
electronic filing systems or facsimile; and
(5) The document description "Drawings-other than black and white line
drawings" (Doc Code DRW.NONBW) must be used for the drawings so that
they will load into the Supplemental Complex Repository for
Examiners (SCORE).
As discussed in Section 1605 of the Manual of Patent Examining Procedure
(MPEP, e9 r-08.2017), where color is a distinctive feature of the plant,
the color should be positively identified in the specification by reference
to a designated color as given by a recognized color dictionary or color
chart, such as the Horticultural Colour Chart of the Royal Horticultural
Society, London, England (R.H.S. Colour Chart), the Munsell Color System,
or the Pantone Color System.
If submitting an Application Data Sheet, "plant" should be selected in
the Application Information section. Links are provided below for the
plant-specific USPTO forms. Failure to use these forms may result in a
petition being required in order to correct the application designation.
* Application Data Sheet 37 CFR 1.76, landing page - https://www.uspto.
gov/patent/forms/important-information-completing-application-data-
sheet-ads
| Top of Notices (68) December 28, 2021 |
US PATENT AND TRADEMARK OFFICE | 1493 CNOG 117 |
* Declaration for Plant Application Using an Application Data Sheet -
https://www.uspto.gov/sites/default/files/forms/aia0003.pdf
* Substitute Statement in Lieu of an Oath or Declaration for Plant
Patent Application -
https://www.uspto.gov/sites/default/files/documents/aia0004.pdf
* Plant Patent Application Declaration -
https://www.uspto.gov/sites/default/files/forms/aia0009.pdf
* Plant Patent Application Transmittal -
https://www.uspto.gov/sites/default/files/documents/aia0019.pdf
This waiver is temporary and is effective only until the USPTO provides
further notice. Such notice may take place by publication in the Official
Gazette or Federal Register or on the USPTO's website. The USPTO is
continuing its efforts to modify Patent Center, the new electronic filing
and retrieval system, so that plant patent applications can be filed
electronically on a permanent basis.
In light of this notice, applicants may submit plant patent applications
and follow-on documents to the USPTO via: (1) the USPTO patent electronic
filing systems (EFS-Web or Patent Center); (2) the United States Postal
Service (USPS) by Priority Mail Express(r) under 37 CFR 1.10 (MPEP 513) or
with a certificate of mailing under 37 CFR 1.8 (MPEP 512); or (3) by hand-
delivery to the Customer Service Window (MPEP 501).
Inquiries regarding technical questions regarding filing the application
via EFS-Web or Patent Center may be directed to the Patent Electronic
Business Center (Patent EBC), by telephone: (866) 217-9197 (toll-free) and
(571) 272-4100, or by e-mail: ebc@uspto.gov. Inquiries regarding plant
applications may be directed to Shubo (Joe) Zhou, Supervisory Patent
Examiner, by telephone: (571) 272-0724.
May 4, 2020 ANDREI IANCU
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1474 OG 243]