{"description":"Documents matching 'patent matters uspto ability respond'","count":212,"total_pages":11,"next_page_url":"https://www.federalregister.gov/api/v1/documents?conditions%5Bterm%5D=patent+matters+uspto+ability+respond&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":"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":"Representation of Others in Design Patent Matters Before the United States Patent and Trademark Office","type":"Rule","abstract":"The U.S. Patent and Trademark Office (USPTO or Office) is amending the rules of practice in patent cases and the rules regarding the representation of others before the USPTO by creating a separate design patent practitioner bar whereby admitted design patent practitioners would practice in design patent proceedings only. Prior to this rulemaking, there was only one patent bar that applied to those who practice in patent matters before the Office, including in utility, plant, and design patents. The creation of a design patent practitioner bar does not impact the ability of those already registered to practice in any patent matters before the USPTO to continue to practice in any patent matters, including design patent matters, before the Office. Furthermore, it does not impact the ability of applicants for registration who meet the criteria to practice in all patent matters from qualifying for and upon passing the current registration exam, practicing in any patent matters before the Office, including design patent matters. Expanding the admission criteria of the patent bar encourages broader participation and keeps up with the ever-evolving technology and related teachings that qualify someone to practice before the USPTO. The Manual of Patent Examining Procedure will be updated in accordance with this final rule in due course.","document_number":"2023-25234","html_url":"https://www.federalregister.gov/documents/2023/11/16/2023-25234/representation-of-others-in-design-patent-matters-before-the-united-states-patent-and-trademark","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2023-11-16/pdf/2023-25234.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2023-25234.pdf?1700055935","publication_date":"2023-11-16","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":"does not impact the ability of those already registered to practice in any patent matters before the USPTO to continue to practice in any patent matters, including design patent matters, before the Office. Furthermore, it does not impact the ability of applicants for registration who meet the criteria to practice in all patent matters from qualifying for and upon passing the current registration exam, practicing in any patent matters before the Office, including design patent matters. Expanding the admission criteria of the patent bar encourages broader"},{"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":"Expanding Opportunities To Appear Before the Patent Trial and Appeal Board","type":"Rule","abstract":"As part of its initiatives to expand access to practice before the U.S. Patent and Trademark Office (USPTO or Office), the USPTO modifies the rules regarding representation by counsel at the Patent Trial and Appeal Board (PTAB or Board) in proceedings under the Leahy- Smith America Invents Act (AIA proceedings) to: permit parties to proceed without back-up counsel upon a showing of good cause, such as a lack of resources to hire two counsel; establish a streamlined alternative procedure for recognizing counsel pro hac vice that is available when counsel has previously been recognized pro hac vice in a different PTAB proceeding; and clarify that those recognized pro hac vice have a duty to inform the Board of subsequent events that render inaccurate or incomplete representations they made to obtain pro hac vice recognition.","document_number":"2024-23319","html_url":"https://www.federalregister.gov/documents/2024/10/10/2024-23319/expanding-opportunities-to-appear-before-the-patent-trial-and-appeal-board","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-10-10/pdf/2024-23319.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-23319.pdf?1728477917","publication_date":"2024-10-10","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":"established a separate design patent bar that is open to applicants who previously would not have been eligible to practice before the Office. See Expanding Admission Criteria for Registration To Practice in Patent Cases Before the United States Patent and Trademark Office, 88 FR 31249 (May 16, 2023); Representation of Others in Design Patent Matters Before the United States Patent and Trademark Office, 88 FR 78644 (November 16, 2023). In this final rule, the USPTO updates the rules governing practice before the Board to simplify and streamline the \n"},{"title":"Rules Governing Director Review of Patent Trial and Appeal Board Decisions","type":"Rule","abstract":"The United States Patent and Trademark Office (USPTO or Office) is adding a new rule to govern the process for the review of Patent Trial and Appeal Board (PTAB or Board) decisions in Leahy-Smith America Invents Act (AIA) proceedings by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (Director). The new rule promotes the accuracy, consistency, and integrity of PTAB decision-making in AIA proceedings.","document_number":"2024-22194","html_url":"https://www.federalregister.gov/documents/2024/10/01/2024-22194/rules-governing-director-review-of-patent-trial-and-appeal-board-decisions","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-10-01/pdf/2024-22194.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-22194.pdf?1727700322","publication_date":"2024-10-01","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":"and its composition. The Advisory Committee typically comprises members from various business units of the USPTO, including: Office of the Under Secretary (not including the Director or Deputy Director), Patent Trial and Appeal Board (not including members of the panel for each case under review), Office of the Commissioner for Patents (not including the Commissioner for Patents or any persons involved in the examination of the challenged patent), Office of the General Counsel (which includes the Office of the Solicitor), and Office of Policy and International"},{"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":"Guidance on Use of Artificial Intelligence-Based Tools in Practice Before the United States Patent and Trademark Office","type":"Notice","abstract":"The United States Patent and Trademark Office (USPTO) issues this guidance to inform practitioners and the public of the important issues that patent and trademark professionals, innovators, and entrepreneurs must navigate while using Artificial Intelligence (AI) in matters before the USPTO. The USPTO recognizes the possibility that AI will be used to prepare and prosecute patent and trademark applications, as well as other filings before the Office including filings submitted to the Patent Trial and Appeal Board (PTAB) and Trademark Trial and Appeal Board (TTAB). While the USPTO is committed to maximizing AI's benefits and seeing them distributed broadly across society, the USPTO recognizes the need, through technical mitigations and human governance, to cabin the risks arising from the use of AI in practice before the USPTO. At this time, based on the USPTO's engagement with stakeholders through the USPTO's AI and Emerging Technologies (ET) Partnership (AI/ET Partnership) and a review of existing rules, the USPTO has determined that existing rules protect the USPTO's ecosystem against such potential perils. This guidance reminds individuals involved in proceedings before the USPTO of the pertinent rules and policies, helps inform those same individuals of the risks associated with the use of AI systems, and provides suggestions to mitigate those risks. The USPTO will continue to engage with the public, including through the AI/ET Partnership, as the use of AI advances and evolves.","document_number":"2024-07629","html_url":"https://www.federalregister.gov/documents/2024/04/11/2024-07629/guidance-on-use-of-artificial-intelligence-based-tools-in-practice-before-the-united-states-patent","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-04-11/pdf/2024-07629.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-07629.pdf?1712753115","publication_date":"2024-04-11","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":" \n \n \n SUMMARY: \n The United States Patent and Trademark Office (USPTO) issues this guidance to inform practitioners and the public of the important issues that patent and trademark professionals, innovators, and entrepreneurs must navigate while using Artificial Intelligence (AI) in matters before the USPTO. The USPTO recognizes the possibility that AI will be used to prepare and prosecute patent and trademark applications, as well as other filings before the Office including filings submitted to the Patent Trial and Appeal Board (PTAB) and Trademark"},{"title":"International Trademark Classification Changes","type":"Rule","abstract":"The United States Patent and Trademark Office (USPTO) issues this final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement). These changes are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), which is published by the World Intellectual Property Organization (WIPO), and will become effective on January 1, 2026.","document_number":"2025-19358","html_url":"https://www.federalregister.gov/documents/2025/10/02/2025-19358/international-trademark-classification-changes","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2025-10-02/pdf/2025-19358.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2025-19358.pdf?1759322730","publication_date":"2025-10-02","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) issues this final rule to incorporate classification changes adopted by the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Agreement). These changes are listed in the International Classification of Goods and Services for the Purposes of the Registration of Marks (Nice Classification), which is published by the World Intellectual Property Organization (WIPO), and will become"},{"title":"Signature Requirements Related to Acceptance of Electronic Signatures for Patent Correspondence","type":"Rule","abstract":"The United States Patent and Trademark Office (USPTO or Office) is revising the rules of practice in patent cases to update the signature rule to provide for the broader permissibility of electronic signatures using third-party document-signing software, such as DocuSign[supreg] and Acrobat[supreg] Sign, and more closely align signature requirements with the rules of practice in trademark cases. The revised rules will provide additional flexibility and convenience to patent applicants and owners, practitioners, and other parties who sign patent-related correspondence, and promote consistency by establishing signature requirements which are common to both patent and trademark matters.","document_number":"2024-06126","html_url":"https://www.federalregister.gov/documents/2024/03/22/2024-06126/signature-requirements-related-to-acceptance-of-electronic-signatures-for-patent-correspondence","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-03-22/pdf/2024-06126.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-06126.pdf?1711025128","publication_date":"2024-03-22","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":"providing a date is not generally required in patent matters, the date is required for electronic signatures signed using document-signing software in trademark matters before the USPTO. Using software that generates the date will benefit practitioners that work in both patent and trademark matters, as the signatures will be acceptable in both patents and trademarks at the USPTO. Regardless of the date the correspondence was signed, the date of receipt will be based on §§ 1.6 through 1.10. \n B. USPTO Procedures \n \n When reviewing a signature on a"},{"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":"Rules Governing Director Review of Patent Trial and Appeal Board Decisions","type":"Proposed Rule","abstract":"The United States Patent and Trademark Office (USPTO or Office) proposes new rules to govern the process for the review of Patent Trial and Appeal Board (PTAB or Board) decisions in America Invents Act (AIA) proceedings by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (Director). Specifically, the USPTO proposes these rules in light of stakeholder feedback received in response to a request for comments (RFC). The proposed rules promote the accuracy, consistency, and integrity of PTAB decision-making in Leahy-Smith America Invents Act of 2011 (AIA) proceedings.","document_number":"2024-07759","html_url":"https://www.federalregister.gov/documents/2024/04/16/2024-07759/rules-governing-director-review-of-patent-trial-and-appeal-board-decisions","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-04-16/pdf/2024-07759.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-07759.pdf?1713185117","publication_date":"2024-04-16","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 Notice of proposed rulemaking. \n \n \n SUMMARY: \n The United States Patent and Trademark Office (USPTO or Office) proposes new rules to govern the process for the review of Patent Trial and Appeal Board (PTAB or Board) decisions in America Invents Act (AIA) proceedings by the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (Director). Specifically, the USPTO proposes these rules in light of stakeholder feedback received in response to a request for comments (RFC). The proposed"},{"title":"Rules Governing Pre-Issuance Internal Circulation and Review of Decisions Within the Patent Trial and Appeal Board","type":"Rule","abstract":"The United States Patent and Trademark Office (\"USPTO\" or \"Office\") is amending the rules of practice before the Patent Trial and Appeal Board (\"PTAB\" or \"Board\") to add a new rule governing the pre-issuance circulation and review of decisions within the PTAB. The rule promotes the efficient delivery of reliable intellectual property rights by promoting consistent, clear, and open decision-making processes at the PTAB.","document_number":"2024-12823","html_url":"https://www.federalregister.gov/documents/2024/06/12/2024-12823/rules-governing-pre-issuance-internal-circulation-and-review-of-decisions-within-the-patent-trial","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-06-12/pdf/2024-12823.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-12823.pdf?1718109928","publication_date":"2024-06-12","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":"(Pub. L. 112-29, 125 Stat. 284 (2011)). The AIA established the PTAB, which is made up of administrative patent judges (APJs) and four statutory members, namely the USPTO Director, the USPTO Deputy Director, the USPTO Commissioner for Patents, and the USPTO Commissioner for Trademarks. 35 U.S.C. 6(a). In panels of at least three members, the PTAB hears and decides ex parte appeals of adverse decisions by examiners in applications for patents; appeals of adverse decisions by examiners in reexamination proceedings; and proceedings under the AIA, including"},{"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":"Rules Governing Motion To Amend Practice and Procedures in Trial Proceedings Under the America Invents Act Before the Patent Trial and Appeal Board","type":"Rule","abstract":"The United States Patent and Trademark Office (Office or USPTO) modifies its rules of practice governing amendment practice in trial proceedings under the Leahy-Smith America Invents Act (AIA) to make permanent certain provisions of the Office's motion to amend pilot program (MTA pilot program) and to revise the rules that allocate burdens of persuasion in connection with motions to amend (MTAs). These rules provide a patent owner with the option of issuance of preliminary guidance in response to an MTA and the option of filing one additional revised MTA. Further, these rules clarify that a preponderance of evidence standard applies to any new ground of unpatentability raised by the Board, and that when exercising the discretion to grant or deny an MTA or to raise a new ground of unpatentability, the Board may consider all evidence of record in the proceeding. The rules further provide that the Board may consider information identified in response to a Board-initiated request for examination assistance, and that the results of that assistance will be added to the record. The rules better ensure the Office's role of issuing robust and reliable patents, and the predictability and certainty of post-grant trial proceedings before the Board. These rules relate to the Office trial practice for inter partes review (IPR), post-grant review (PGR), and derivation proceedings that implemented provisions of the AIA providing for trials before the Office.","document_number":"2024-21134","html_url":"https://www.federalregister.gov/documents/2024/09/18/2024-21134/rules-governing-motion-to-amend-practice-and-procedures-in-trial-proceedings-under-the-america","pdf_url":"https://www.govinfo.gov/content/pkg/FR-2024-09-18/pdf/2024-21134.pdf","public_inspection_pdf_url":"https://public-inspection.federalregister.gov/2024-21134.pdf?1726577117","publication_date":"2024-09-18","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":"Trials before the Patent Trial and Appeal Board and Judicial Review of Patent Trial and Appeal Board Decisions, 77 FR 48612 (August. 14, 2012); Changes to Implement \n Inter Partes \n Review Proceedings, Post-Grant Review Proceedings, and Transitional Program for Covered Business Method Patents, 77 FR 48680 (August 14, 2012); Transitional Program for Covered Business Method Patents—Definitions of Covered Business Method Patent and Technological Invention, 77 FR 48734 (August. 14, 2012). Additionally, the Office published a Patent Trial Practice Guide"}]}