{"description":"Documents matching 'patent matters enhances uspto ability'","count":144,"total_pages":8,"next_page_url":"https://www.federalregister.gov/api/v1/documents?conditions%5Bterm%5D=patent+matters+enhances+uspto+ability&format=json&page=2","results":[{"title":"Required Use by Foreign Applicants and Patent Owners of a Patent Practitioner","type":"Rule","abstract":"The United States Patent and Trademark Office (USPTO or Office) is amending the Rules of Practice in Patent Cases to require patent applicants and patent owners whose domicile is not located within the United States (U.S.) or its territories (hereinafter foreign applicants/inventors and patent owners) to be represented by a registered patent practitioner. A requirement that foreign applicants/ inventors and patent owners be represented by a registered patent practitioner will bring the U.S. in line with most other countries that require that such parties be represented by a licensed or registered person of that country. Additionally, this requirement will increase efficiency and enable the USPTO to more effectively use available mechanisms to enforce compliance by all foreign applicants/inventors and patent owners with U.S. statutory and regulatory requirements in patent matters, and enhance the USPTO's ability to respond to false certifications, misrepresentations, and fraud.","document_number":"2026-05564","html_url":"https://www.federalregister.gov/documents/2026/03/20/2026-05564/required-use-by-foreign-applicants-and-patent-owners-of-a-patent-practitioner","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-03-20/pdf/2026-05564.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-05564.pdf?1773924326","publication_date":"2026-03-20","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"reduced patent fees. \n See \n 13 CFR 121.802.\n \n If patent applicants assert or certify entitlement for reduced patent fees, the USPTO captures this data in its patent application data repository (formerly the Patent Application Locating and Monitoring (PALM) system and now called the One Patent Service Gateway (OPSG) system), which tracks information on each patent application submitted to the USPTO. \n \n Unlike the SBA small business size standards set forth in 13 CFR 121.201, the size standard for the USPTO is not industry specific. The USPTO's definition"},{"title":"Required Use by Foreign Applicants and Patent Owners of a Patent Practitioner","type":"Proposed Rule","abstract":"The United States Patent and Trademark Office (USPTO or Office) is proposing to amend the Rules of Practice in Patent Cases to require patent applicants and patent owners whose domicile is not located within the United States (U.S.) or its territories (hereinafter foreign applicants/inventors and patent owners) to be represented by a registered patent practitioner. A requirement that foreign applicants/ inventors and patent owners be represented by a registered patent practitioner would bring the United States in line with most other countries that require that such parties be represented by a licensed or registered person of that country. Additionally, this requirement would increase efficiency and enable the USPTO to more effectively use available mechanisms to enforce compliance by all foreign applicants/ inventors and patent owners with U.S. statutory and regulatory requirements in patent matters, and enhance the USPTO's ability to respond to false certifications, misrepresentations, and fraud.","document_number":"2025-23917","html_url":"https://www.federalregister.gov/documents/2025/12/29/2025-23917/required-use-by-foreign-applicants-and-patent-owners-of-a-patent-practitioner","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-12-29/pdf/2025-23917.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-23917.pdf?1766497523","publication_date":"2025-12-29","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"United States Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"the USPTO to more effectively use available mechanisms to enforce compliance by all foreign applicants/inventors and patent owners with U.S. statutory and regulatory requirements in patent matters, and enhance the USPTO's ability to respond to false certifications, misrepresentations, and fraud. The rule \n \n is also amended to require that a patent owner who is a juristic entity must be represented by a registered patent practitioner. The rule previously required a juristic entity who was the applicant to be represented by a registered patent practitioner"},{"title":"Revision to Rules of Practice Before the Patent Trial and Appeal Board","type":"Proposed Rule","abstract":"The United States Patent and Trademark Office (USPTO or Office) proposes modifications to the rules of practice for inter partes review (IPR) before the Patent Trial and Appeal Board (PTAB or Board) that the Under Secretary of Commerce for Intellectual Property and Director of USPTO and, by delegation, the PTAB will use in instituting IPR.","document_number":"2025-19580","html_url":"https://www.federalregister.gov/documents/2025/10/17/2025-19580/revision-to-rules-of-practice-before-the-patent-trial-and-appeal-board","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-10-17/pdf/2025-19580.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-19580.pdf?1760618706","publication_date":"2025-10-17","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"particular patent claim meets the statutory requirements, patents cannot serve their economic function if they are perpetually subject to \n de novo \n review. Consider a hypothetical patent claim where 70% of experienced patent practitioners would conclude that the claim was properly granted, and 30% would oppose that conclusion. Such a patent claim seems reliable, because a substantial majority of practitioners believe it is patentable and was properly issued. However, if the patent is subjected to repeated \n de novo \n patentability review each"},{"title":"Request for Comments on Community Outreach Office Locations in the Southeast Region","type":"Notice","abstract":"The United States Patent and Trademark Office (USPTO or Office) is seeking information to consider regarding the selection of locations for one or more community outreach offices (COOs) in the Southeast Region, which the USPTO was directed to establish under the Unleashing American Innovators Act of 2022 (UAIA). This region includes Virginia, North Carolina, South Carolina, Georgia, Florida, Tennessee, Alabama, Mississippi, Louisiana, and Arkansas.","document_number":"2026-03860","html_url":"https://www.federalregister.gov/documents/2026/02/26/2026-03860/request-for-comments-on-community-outreach-office-locations-in-the-southeast-region","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2026-02-26/pdf/2026-03860.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2026-03860.pdf?1772027116","publication_date":"2026-02-26","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"Act, 2023 on December 29, 2022, is to: \n • Better connect patent filers and innovators with the Office, including by increasing outreach activities to individual innovators, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings; \n • Enhance patent examiner and administrative patent judge retention, which includes patent examiners and administrative patent judges from economically, geographically, and demographically"},{"title":"Streamlined Claim Set Pilot Program","type":"Notice","abstract":"The United States Patent and Trademark Office (USPTO) is implementing the Streamlined Claim Set Pilot Program to evaluate how having a limited number of claims under examination impacts pendency and examination quality. Under the pilot program, certain pending utility patent applications that have no more than one independent claim and no more than ten total claims may be eligible for expedited examination, if the requirements specified in this notice are met. An applicant may comply with the claim requirements of the pilot program by filing a preliminary amendment before or with a petition to make special under the pilot program. Applications accepted into the pilot program will be advanced out of turn (i.e., accorded special status) for examination until a first Office action is issued. This notice sets forth the requirements of the pilot program and describes how the pilot program will be administered. The USPTO anticipates that focusing examination resources on already-filed, unexamined applications that have a streamlined claim set will enhance efforts to reduce the USPTO's inventory and pendency, and that the data gathered from this pilot program will support designing future efforts to expedite patent examination.","document_number":"2025-19669","html_url":"https://www.federalregister.gov/documents/2025/10/27/2025-19669/streamlined-claim-set-pilot-program","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-10-27/pdf/2025-19669.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-19669.pdf?1761309906","publication_date":"2025-10-27","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"using the USPTO's Patent Center (at \n www.uspto.gov/PatentCenter \n ). Applicants must file the petition using the document description (“Petition for Streamlined Claim Set Pilot”) indicated on form PTO/SB/472. In addition, the application must have been filed using the USPTO patent electronic filing system (currently Patent Center).\n \n (6) Use of DOCX Format for the Specification, Claim(s), and Abstract \n \n DOCX format delivers a number of benefits, including increased efficiencies and higher data quality, that enhance the USPTO's ability to expedite"},{"title":"Request for Comments on Community Outreach Office Locations in States Formerly Served by the Rocky Mountain Regional Outreach Office","type":"Notice","abstract":"The United States Patent and Trademark Office (USPTO or Office) is seeking information to consider regarding the selection of locations for one or more community outreach offices (COOs) in the eight-state area formerly serviced by the Rocky Mountain Regional Outreach office that the USPTO was directed to establish under the Unleashing American Innovators Act of 2022 (UAIA).","document_number":"2025-19695","html_url":"https://www.federalregister.gov/documents/2025/10/29/2025-19695/request-for-comments-on-community-outreach-office-locations-in-states-formerly-served-by-the-rocky","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-10-29/pdf/2025-19695.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-19695.pdf?1761655507","publication_date":"2025-10-29","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"December 29, 2022, are to: \n \n • \n RO1: \n Better connect patent filers and innovators with the Office, including by increasing outreach activities to individual innovators, small businesses, veterans, low-income populations, students, rural populations, and any geographic group of innovators that the Director may determine to be underrepresented in patent filings;\n \n \n • \n RO2: \n Enhance patent examiner and administrative patent judge retention, including patent examiners and administrative patent judges from economically, geographically, and demographically"},{"title":"Setting and Adjusting Patent Fees During Fiscal Year 2025","type":"Rule","abstract":"The United States Patent and Trademark Office (USPTO) sets or adjusts patent fees as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The fee adjustments are needed to provide the USPTO with sufficient aggregate revenue to recover the aggregate estimated costs of patent operations in future years (based on assumptions and estimates found in the agency's Fiscal Year 2025 Congressional Justification (FY 2025 Budget)), including implementing the USPTO 2022-2026 Strategic Plan (Strategic Plan).","document_number":"2024-26821","html_url":"https://www.federalregister.gov/documents/2024/11/20/2024-26821/setting-and-adjusting-patent-fees-during-fiscal-year-2025","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-11-20/pdf/2024-26821.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-26821.pdf?1732023917","publication_date":"2024-11-20","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":" The USPTO uses a patent pendency model to estimate patent production output based on actual historical data and input assumptions, such as incoming patent applications and overtime hours. An overview of the model, including a description of inputs, outputs, key data relationships, and a simulation tool is available at \n https://www.uspto.gov/learning-and-resources/statistics/patent-pendency-model. \n \n Next, the USPTO calculates budgetary spending requirements based on the prospective aggregate costs of patent operations. First, the USPTO estimates"},{"title":"Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Deposit of Biological Materials","type":"Notice","abstract":"The United States Patent and Trademark Office (hereafter \"USPTO\" or \"Agency\"), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651-0022 (Deposit of Biological Materials). The purpose of this notice is to allow 60 days for public comments preceding submission of the information collection to the Office of Management and Budget (OMB).","document_number":"2025-20244","html_url":"https://www.federalregister.gov/documents/2025/11/19/2025-20244/agency-information-collection-activities-submission-to-the-office-of-management-and-budget-for","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-11-19/pdf/2025-20244.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-20244.pdf?1763473508","publication_date":"2025-11-19","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"covers information from patent applicants who seek to deposit biological material for patent purposes according to 37 CFR 1.801-1.809. The information collected from such patent applicants consists of information and documentation demonstrating the applicant's compliance with regulatory requirements, as well as information regarding the biological sample after it is deposited. This collection also covers applications from institutions that wish to be recognized by the USPTO as a suitable depository to receive deposits for patent application purposes"},{"title":"Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; Improving Customer Experience","type":"Notice","abstract":"The United States Patent and Trademark Office (hereafter \"USPTO\" or \"Agency\") has the following proposed Information Collection Request--\"Improving Customer Experience (OMB Circular A-11, Section 280 Implementation)\"--under OMB review for approval under the Paperwork Reduction Act (PRA).","document_number":"2025-17765","html_url":"https://www.federalregister.gov/documents/2025/09/15/2025-17765/agency-information-collection-activities-submission-to-the-office-of-management-and-budget-for","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-09-15/pdf/2025-17765.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-17765.pdf?1757681113","publication_date":"2025-09-15","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"qualitative and quantitative data from the public to do so.\n \n \n \n 1 \n 5 U.S.C. 321-24.\n \n \n \n \n 2 \n 44 U.S.C. 3501 note.\n \n \n The purpose of this request is to facilitate the USPTO's ability to collect feedback from the public to continue to improve its services, thereby facilitating its compliance with statutory requirements and general principles of good governance. \n The USPTO will only submit collections if they meet the following criteria: \n \n • The collections are voluntary;\n \n \n • The collections are low-burden for respondents (based on considerations"},{"title":"Discontinuation of the Accelerated Examination Program for Utility Applications","type":"Rule","abstract":"In order to efficiently allocate examination-related resources to address pendency, and in view of the low number of requests for Accelerated Examination and the availability of a statutory program to expedite the prosecution of applications (Track One, prioritized examination), the United States Patent and Trademark Office (USPTO) is discontinuing the Accelerated Examination program for utility applications. The USPTO is also modifying the rules of practice to clarify the grounds for which a petition to make special may be granted and when a fee is required for such petition.","document_number":"2025-10498","html_url":"https://www.federalregister.gov/documents/2025/06/10/2025-10498/discontinuation-of-the-accelerated-examination-program-for-utility-applications","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-06-10/pdf/2025-10498.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-10498.pdf?1749473117","publication_date":"2025-06-10","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"applications. \n \n \n FOR FURTHER INFORMATION CONTACT: \n Pinchus M. Laufer, Senior Patent Attorney, Office of Patent Legal Administration, at 571-272-7726; or Brannon Smith, Legal Advisor, Office of Patent Legal Administration, at 571-270-1601. \n \n \n \n SUPPLEMENTARY INFORMATION: \n \n I. Background \n \n USPTO regulations at 37 CFR 1.102 provide that patent applications may be advanced out of turn for examination based on a “petition to make an application special.” In June 2006, the USPTO published a notice to implement the Accelerated Examination program (2006"},{"title":"Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Reexaminations, Supplemental Examinations, and Post Patent Submissions","type":"Notice","abstract":"The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0064 (Patent Reexaminations, Supplemental Examinations, and Post Patent Submissions). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.","document_number":"2024-14917","html_url":"https://www.federalregister.gov/documents/2024/07/08/2024-14917/agency-information-collection-activities-submission-to-the-office-of-management-and-budget-omb-for","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-07-08/pdf/2024-14917.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-14917.pdf?1720183540","publication_date":"2024-07-08","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"provisions of 35 U.S.C. 301 and 37 CFR 1.501 govern the ability of a person to submit into the file of an issued patent (1) prior art consisting of patents or printed publications which the person making the submission believes to have a bearing on the patentability of any claim of the issued patent and (2) statements of the owner of the issued patent filed in a proceeding before a Federal court or the USPTO in which the owner of the issued patent took a position on the scope of any claim of the issued patent. \n \n Thus, the items included in this collection"},{"title":"Agency Information Collection Activities; Proposals, Submissions, and Approvals","type":"Notice","abstract":"The United States Patent and Trademark Office (USPTO or Agency) as part of its continuing effort to reduce paperwork and respondent burden, is announcing an opportunity for public comment on a proposed extension of a collection of information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, and to allow 60 days for public comment in response to the notice. This notice solicits comments on an extension of an existing collection proposed by the Agency.","document_number":"2025-09357","html_url":"https://www.federalregister.gov/documents/2025/05/23/2025-09357/agency-information-collection-activities-proposals-submissions-and-approvals","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-05-23/pdf/2025-09357.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-09357.pdf?1747917924","publication_date":"2025-05-23","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"requirement, USPTO is publishing notice of the proposed collection of information set forth in this document.\n \n \n Under the Government Service Delivery Improvement Act \n 1 \n \n and the 21st Century Integrated Digital Experience Act,\n 2 \n \n along with OMB guidance, agencies are obligated to continually improve the services they provide the public and to collect qualitative and quantitative data from the public to do so.\n \n \n \n 1 \n 5 U.S.C. 321-24.\n \n \n \n \n 2 \n 44 U.S.C. 3501 note.\n \n \n The purpose of this request is to facilitate USPTO's ability to collect"},{"title":"Request for Comments Regarding the Impact of the Proliferation of Artificial Intelligence on Prior Art, the Knowledge of a Person Having Ordinary Skill in the Art, and Determinations of Patentability Made in View of the Foregoing","type":"Notice","abstract":"The United States Patent and Trademark Office (USPTO or Office) seeks public comments regarding the impact of the proliferation of artificial intelligence (AI) on prior art, the knowledge of a person having ordinary skill in the art (PHOSITA), and determinations of patentability made in view of the foregoing. The increasing power and deployment of AI has the potential to provide tremendous societal and economic benefits and foster a new wave of innovation and creativity while also posing novel challenges and opportunities for intellectual property (IP) policy. Through the AI and Emerging Technologies Partnership (AI/ET Partnership), the USPTO has been actively engaging with the innovation community and AI experts on IP policy in view of AI. To build on these efforts, the USPTO is requesting written public comments on how the proliferation of AI could affect certain evaluations made by the Office, including what qualifies as prior art, the assessment of the level of skill of a PHOSITA, and determinations of patentability made in view of these evaluations. The USPTO expects that the responses received will help the Office evaluate the need for further guidance on these matters, aid in the development of any such guidance, and help inform the USPTO's work in the courts and in providing technical advice to Congress.","document_number":"2024-08969","html_url":"https://www.federalregister.gov/documents/2024/04/30/2024-08969/request-for-comments-regarding-the-impact-of-the-proliferation-of-artificial-intelligence-on-prior","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-04-30/pdf/2024-08969.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-08969.pdf?1714398255","publication_date":"2024-04-30","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"to a patent if the claimed invention was disclosed—including being patented; described in a printed publication; or in public use, on sale, or otherwise available to the public—before the effective filing date of the claimed invention (\n i.e., \n the disclosure is a “prior art disclosure”). Under 35 U.S.C. 102(a)(2), a person is not entitled to a patent if “the claimed invention was described in a patent issued under [35 U.S.C. 151], or in an application for patent published or deemed published under [35 U.S.C. 122(b)], in which the patent or application"},{"title":"Terminal Disclaimer Practice To Obviate Nonstatutory Double Patenting","type":"Proposed Rule","abstract":"The USPTO proposes to amend the rules of practice to add a new requirement for an acceptable terminal disclaimer that is filed to obviate (that is, overcome) nonstatutory double patenting. The proposed rule change would require terminal disclaimers filed to obviate nonstatutory double patenting to include an agreement by the disclaimant that the patent in which the terminal disclaimer is filed, or any patent granted on an application in which a terminal disclaimer is filed, will be enforceable only if the patent is not tied and has never been tied directly or indirectly to a patent by one or more terminal disclaimers filed to obviate nonstatutory double patenting in which: any claim has been finally held unpatentable or invalid as anticipated or obvious by a Federal court in a civil action or by the USPTO, and all appeal rights have been exhausted; or a statutory disclaimer of a claim is filed after any challenge based on anticipation or obviousness to that claim has been made. This action is being taken to prevent multiple patents directed to obvious variants of an invention from potentially deterring competition and to promote innovation and competition by allowing a competitor to avoid enforcement of patents tied by one or more terminal disclaimers to another patent having a claim finally held unpatentable or invalid over prior art.","document_number":"2024-10166","html_url":"https://www.federalregister.gov/documents/2024/05/10/2024-10166/terminal-disclaimer-practice-to-obviate-nonstatutory-double-patenting","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-05-10/pdf/2024-10166.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-10166.pdf?1715258715","publication_date":"2024-05-10","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"follow-on patents with claims that have the same effective filing date as those of the original patent, patent owners may pursue multiple patents with claims that vary in only minor ways from each other. A patent owner may also, under certain circumstances (for example, when two applications are filed on the same day), obtain patents that are not part of the same patent family for obvious variants of an invention. As a result, obviousness-type double patenting (also referred to as nonstatutory double patenting) may exist between patents and/or applications"},{"title":"Setting and Adjusting Patent Fees During Fiscal Year 2025","type":"Proposed Rule","abstract":"The United States Patent and Trademark Office (USPTO) proposes to set or adjust patent fees as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The proposed fee adjustments are needed to provide the USPTO with sufficient aggregate revenue to recover the aggregate costs of patent operations in future years (based on assumptions and estimates found in the agency's Fiscal Year 2025 Congressional Justification (FY 2025 Budget)), including implementing the USPTO 2022-2026 Strategic Plan (Strategic Plan).","document_number":"2024-06250","html_url":"https://www.federalregister.gov/documents/2024/04/03/2024-06250/setting-and-adjusting-patent-fees-during-fiscal-year-2025","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-04-03/pdf/2024-06250.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-06250.pdf?1712061914","publication_date":"2024-04-03","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"how the USPTO estimates elasticity is provided in “Setting and Adjusting Patent Fees during Fiscal Year 2020—Description of Elasticity Estimates,” available on the USPTO website at \n https://www.uspto.gov/sites/default/files/documents/Elasticity_Appendix.docx. \n \n Patent fees are collected for patent-related services and products at different points in time within the patent application examination process and over the life of the pending patent application and granted patent. Maintenance fee payments account for about half of all patent fee collections"},{"title":"Setting and Adjusting Trademark Fees During Fiscal Year 2025","type":"Rule","abstract":"The United States Patent and Trademark Office (USPTO) sets or adjusts trademark fees, as authorized by the Leahy-Smith America Invents Act (AIA), as amended by the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018 (SUCCESS Act). The fee adjustments will provide the USPTO sufficient aggregate revenue to recover the aggregate costs of trademark operations in future years (based on assumptions and estimates found in the agency's Fiscal Year 2025 Congressional Justification (FY 2025 Budget)), including implementing the USPTO 2022-2026 Strategic Plan (Strategic Plan).","document_number":"2024-26644","html_url":"https://www.federalregister.gov/documents/2024/11/18/2024-26644/setting-and-adjusting-trademark-fees-during-fiscal-year-2025","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-11-18/pdf/2024-26644.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-26644.pdf?1731678322","publication_date":"2024-11-18","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"Cost-Saving Measures \n The USPTO recognizes that fees cannot simply increase for every improvement deemed desirable. The agency has a responsibility to stakeholders to pursue strategic opportunities for improvement in an efficient, cost-conscious manner. Likewise, the USPTO recognizes its obligation to reduce spending when appropriate. \n The USPTO's FY 2025 Budget submission includes cost reducing measures such as giving up leased space in Northern Virginia. In FY 2025, the USPTO estimates $4,569 million in total spending for patent and trademark operations"},{"title":"Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Third-Party Submissions and Protests","type":"Notice","abstract":"The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651- 0062 (Third-Party Submissions and Protests). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.","document_number":"2024-14920","html_url":"https://www.federalregister.gov/documents/2024/07/08/2024-14920/agency-information-collection-activities-submission-to-the-office-of-management-and-budget-omb-for","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-07-08/pdf/2024-14920.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-14920.pdf?1720183541","publication_date":"2024-07-08","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 \n et seq. \n to examine an application for patent and, when appropriate, issue a patent. The provisions of 35 U.S.C. 122(c), 122(e), 131, and 151, as well as 37 CFR 1.290 and 1.291, limit the ability of a third-party to have information entered and considered in, or to protest, a patent application pending before the USPTO.\n \n 37 CFR 1.290 provides a mechanism for third parties to submit to the USPTO for consideration and inclusion in the record of a patent application,"},{"title":"Patent Trial and Appeal Board Rules of Practice for Briefing Discretionary Denial Issues, and Rules for 325(d) Considerations, Instituting Parallel and Serial Petitions, and Termination Due to Settlement Agreement","type":"Proposed Rule","abstract":"The United States Patent and Trademark Office (USPTO or Office) proposes modifications to the rules of practice for inter partes review (IPR) and post-grant review (PGR) proceedings before the Patent Trial and Appeal Board (PTAB or Board) that the Director and, by delegation, the PTAB will use in exercising discretion to institute IPRs and PGRs. The Office proposes these provisions in light of stakeholder feedback received in response to an October 2020 Request for Comments (RFC) and an April 2023 Advance Notice of Proposed Rulemaking (ANPRM). The proposals enhance and build on existing precedent and guidance regarding the exercise of the Director's discretion pursuant to the America Invents Act (AIA) to determine whether to institute an IPR or PGR proceeding with regard to serial petitions, parallel petitions, and petitions implicating the same or substantially the same art or arguments previously presented to the Office. The proposed rules also provide a separate briefing process for discretionary institution arguments and align the procedures for termination of proceedings pre- and post- institution.","document_number":"2024-08362","html_url":"https://www.federalregister.gov/documents/2024/04/19/2024-08362/patent-trial-and-appeal-board-rules-of-practice-for-briefing-discretionary-denial-issues-and-rules","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-04-19/pdf/2024-08362.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-08362.pdf?1713444344","publication_date":"2024-04-19","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"computer and/or the internet, please contact the USPTO using the contact information below for special instructions. \n \n \n FOR FURTHER INFORMATION CONTACT: \n Michael P. Tierney, Vice Chief Administrative Patent Judge; Amber L. Hagy, Lead Administrative Patent Judge; or \n Jamie T. Wisz, Lead Administrative Patent Judge, at 571-272-9797. \n \n \n \n SUPPLEMENTARY INFORMATION: \n Background \n The USPTO is charged with promoting innovation through patent protection. U.S. Const., art. I, section 8. The patent system is a catalyst for jobs, economic prosperity"},{"title":"Experimental Use Exception Request for Comments","type":"Notice","abstract":"The United States Patent and Trademark Office (USPTO), Department of Commerce, is interested in collecting the public's views on the current state of the common law experimental use exception and whether legislative action should be considered to enact a statutory experimental use exception.","document_number":"2024-14164","html_url":"https://www.federalregister.gov/documents/2024/06/28/2024-14164/experimental-use-exception-request-for-comments","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-06-28/pdf/2024-14164.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-14164.pdf?1719492319","publication_date":"2024-06-28","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"experimentation.” \n 31 \n \n Korea's patent law provides that “[w]orking of [a] patented invention for the purpose of research or experiments” is not an infringement.\n 32 \n \n Likewise, India's Patent Act provides that a patented invention may be made or used by any person “for the purpose merely of experiment or research including the imparting of instructions to pupils.” \n 33 \n \n \n \n \n 28 \n Tokkyoho [Patent L.], Law No. 121 of Apr. 13, 1959 (Japan), amended by Act No. 33 of Jun. 9, 2018 (Japan), art. 69(1) (“A patent right shall not be effective against"},{"title":"Adoption of Updated WIPO Standard ST.26; Revision to Incorporation by Reference","type":"Rule","abstract":"The United States Patent and Trademark Office (USPTO) is adopting version 1.7 of World Intellectual Property Organization (WIPO) Standard ST.26, which was approved December 8, 2023, for incorporation by reference into the USPTO's regulations addressing application disclosures containing nucleotide and/or amino acid sequences. Among other enhancements, version 1.7 of ST.26 provides technical terminology consistency and improves descriptions. The USPTO first amended its rules in 2022 to incorporate by reference certain provisions of WIPO Standard ST.26. In addition to simplifying the process for applicants filing in multiple countries, the ST.26 requirement to submit a single sequence listing in eXtensible Markup Language (XML) format provides better preservation, accessibility, and sorting of the submitted sequence data for the public.","document_number":"2024-09618","html_url":"https://www.federalregister.gov/documents/2024/05/03/2024-09618/adoption-of-updated-wipo-standard-st26-revision-to-incorporation-by-reference","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-05-03/pdf/2024-09618.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-09618.pdf?1714653923","publication_date":"2024-05-03","agencies":[{"raw_name":"DEPARTMENT OF COMMERCE","name":"Commerce Department","id":54,"url":"https://www.federalregister.gov/agencies/commerce-department","json_url":"https://www.federalregister.gov/api/v1/agencies/54","parent_id":null,"slug":"commerce-department"},{"raw_name":"Patent and Trademark Office","name":"Patent and Trademark Office","id":402,"url":"https://www.federalregister.gov/agencies/patent-and-trademark-office","json_url":"https://www.federalregister.gov/api/v1/agencies/402","parent_id":54,"slug":"patent-and-trademark-office"}],"excerpts":"ACTION: \n Final rule. \n \n \n SUMMARY: \n The United States Patent and Trademark Office (USPTO) is adopting version 1.7 of World Intellectual Property Organization (WIPO) Standard ST.26, which was approved December 8, 2023, for incorporation by reference into the USPTO's regulations addressing application disclosures containing nucleotide and/or amino acid sequences. Among other enhancements, version 1.7 of ST.26 provides technical terminology consistency and improves descriptions. \n The USPTO first amended its rules in 2022 to incorporate by reference"}]}