80 FR 23787 - Change to Internet Usage Policy To Permit Oral Authorization for Video Conferencing Tools by Patent Examiners

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 80, Issue 82 (April 29, 2015)

The United States Patent and Trademark Office (USPTO) established an Internet usage policy in 1999, and this Internet usage policy permits patent examiners to communicate via the Internet only with individuals who have a written authorization in the application. This Internet usage policy also applies to USPTO video conferencing tools such as WebEx for use by patent examiners. The USPTO is updating its Internet usage policy by modifying the authorization requirements to now permit oral authorization for video conferencing tools, such as WebEx, to be provided by the patent applicant/practitioner to patent examiners before an interview is conducted.

[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Notices]
[Pages 23787-23788]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-10051]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-P-2015-0008]


Change to Internet Usage Policy To Permit Oral Authorization for 
Video Conferencing Tools by Patent Examiners

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

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SUMMARY: The United States Patent and Trademark Office (USPTO) 
established an Internet usage policy in 1999, and this Internet usage 
policy permits patent examiners to communicate via the Internet only 
with individuals who have a written authorization in the application. 
This Internet usage policy also applies to USPTO video conferencing 
tools such as WebEx for use by patent examiners. The USPTO is updating 
its Internet usage policy by modifying the authorization requirements 
to now permit oral authorization for video conferencing tools, such as 
WebEx, to be provided by the patent applicant/practitioner to patent 
examiners before an interview is conducted.

DATES: Effective: The change to the Internet usage policy set forth in 
this notice is effective on April 29, 2015.

FOR FURTHER INFORMATION CONTACT: Mark Polutta, Senior Legal Advisor, 
Office of Patent Legal Administration, Office of the Deputy 
Commissioner for Patent Examination Policy at (571) 272-7709.

SUPPLEMENTARY INFORMATION: The USPTO adopted an Internet usage policy 
in 1999. See Internet Usage Policy, 64 FR 33056 (June 21, 1999). The 
Patents portion of the Internet usage policy has been incorporated into 
section 502.03 of the Manual of Patent Examining Procedure (MPEP). The 
Trademarks portion of the Internet usage policy has been superseded by 
the Trademark Manual of Examining Procedure, which contains the 
relevant guidance on this subject matter for trademark examining 
attorneys, trademark applicants, and registration owners.
    In accordance with the Internet usage policy as adopted in 1999, 
patent examiners may communicate via the Internet only with individuals 
who have a written authorization in the application. See MPEP 502.03 
(9th ed. 2014). This Internet usage policy also applies to USPTO video 
conferencing tools, such as WebEx, used by patent examiners.
    The USPTO is updating its Internet usage policy by modifying the 
authorization requirements for patent examination to now include oral 
authorization for video conferencing tools such as WebEx in view of the 
more prevalent and accepted use of electronic communications and 
improvements in internet security. The USPTO will now accept oral 
authorization by the patent applicant/practitioner (practitioner) to 
participate in a video conference. Practitioners may request a video 
conference just as they would request a telephone or in-person 
interview with the examiner. For applicants that are juristic entities, 
see MPEP 401, which explains that a juristic entity must be represented 
by a registered practitioner.
    Under the updated Internet usage policy, patent examiners may now 
use USPTO video conferencing tools, e.g., WebEx, to conduct examiner 
interviews in both published and unpublished applications without 
written authorization in the application. Authorization by the 
practitioner (which may be oral) to conduct a video conference is still 
required and must be obtained prior to sending a meeting invitation 
using email, calendar/scheduler applications, or USPTO video 
conferencing tools. Authorization is required to confirm that the 
practitioner is able to conduct a video conference and to confirm the 
email address to which the invitation will be sent. The patent examiner 
should note on the record the details of the authorization either in 
the interview summary or a separate communication. This authorization 
is limited to the video conference interview being arranged (including 
the meeting invitation) and does not extend to other communications 
regarding the application.
    Although this change in Internet usage policy provides applicant's 
representative with an alternative to providing a written authorization 
to conduct an interview using USPTO video conferencing tools, the best 
practice is to have such written authorization of record in the file.

[[Page 23788]]

    All Internet communications between UPSTO employees and 
practitioners must be made using USPTO tools. Video conferencing 
communications regarding a patent application must be hosted by USPTO 
personnel. No personal phones, non-USPTO email, PDAs, etc. may be used 
by USPTO employees for official communications.
    In accordance with MPEP 502.03 and 713.04, all communications with 
regard to the merits of a patent application between USPTO employees 
and applicants must be made of record.

    Dated: April 23, 2015.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2015-10051 Filed 4-28-15; 8:45 am]
 BILLING CODE 3510-16-P