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)

Page Range		23787-23788
FR Document		2015-10051

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 Issue 82 (Wednesday, April 29, 2015)

[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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

23788 Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Notices

All Internet communications between 1155 21st Street NW., Washington, DC performance of the functions of the
UPSTO employees and practitioners 20581. Commission, including whether the
must be made using USPTO tools. Video • Hand Delivery/Courier: Same as information will have a practical use;
conferencing communications regarding Mail above. • The accuracy of the Commission’s
a patent application must be hosted by • Federal eRulemaking Portal: http:// estimate of the burden of the proposed
USPTO personnel. No personal phones, www.regulations.gov. Follow the collection of information, including the
non-USPTO email, PDAs, etc. may be instructions for submitting comments validity of the methodology and
used by USPTO employees for official through the Portal. assumptions used;
communications. Please submit your comments using • Ways to enhance the quality,
In accordance with MPEP 502.03 and only one method. usefulness, and clarity of the
713.04, all communications with regard FOR FURTHER INFORMATION CONTACT: information to be collected; and
to the merits of a patent application Eileen Chotiner, Division of Clearing • Ways to minimize the burden of
between USPTO employees and and Risk, Commodity Futures Trading collection of information on those who
applicants must be made of record. Commission, Three Lafayette Centre, are to respond, including through the
1155 21st Street NW., Washington, DC use of appropriate automated electronic,
Dated: April 23, 2015.
20581, (202) 418–5467; email: mechanical, or other technological
Michelle K. Lee, collection techniques or other forms of
Under Secretary of Commerce for Intellectual echotiner@cftc.gov, and refer to OMB
Control No. 3038–0097. information technology; e.g., permitting
Property and Director of the United States electronic submission of responses.
Patent and Trademark Office. SUPPLEMENTARY INFORMATION: Under the
All comments must be submitted in
[FR Doc. 2015–10051 Filed 4–28–15; 8:45 am] PRA, Federal agencies must obtain English, or if not, accompanied by an
BILLING CODE 3510–16–P approval from the Office of Management English translation. Comments will be
and Budget (‘‘OMB’’) for each collection posted as received to http://
of information they conduct or sponsor. www.cftc.gov. You should submit only
COMMODITY FUTURES TRADING ‘‘Collection of Information’’ is defined information that you wish to make
COMMISSION in 44 U.S.C. 3502(3) and 5 CFR 1320.3 available publicly. If you wish the
and includes agency requests or Commission to consider information
Agency Information Collection requirements that members of the public that you believe is exempt from
Activities: Notice of Intent To Renew submit reports, keep records, or provide disclosure under the Freedom of
Collection 3038–0097, Process for information to a third party. Section Information Act, a petition for
Review of Swaps for Mandatory 3506(c)(2)(A) of the PRA, 44 U.S.C. confidential treatment of the exempt
Clearing 3506(c)(2)(A), requires Federal agencies information may be submitted according
to provide a 60-day notice in the to the procedures established in section
AGENCY: Commodity Futures Trading Federal Register concerning each
Commission. 145.9 of the Commission’s regulations.1
proposed collection of information, The Commission reserves the right,
ACTION: Notice. including each proposed extension of an but shall have no obligation, to review,
existing collection of information, pre-screen, filter, redact, refuse or
SUMMARY: The Commodity Futures before submitting the collection to OMB
Trading Commission (‘‘Commission’’ or remove any or all of your submission
for approval. To comply with this from http://www.cftc.gov that it may
‘‘CFTC’’) is announcing an opportunity requirement, the Commission is
for public comment on the proposed deem to be inappropriate for
publishing notice of the proposed publication, such as obscene language.
collection of certain information by the extension of the collection of
agency. Under the Paperwork Reduction All submissions that have been redacted
information listed below. or removed that contain comments on
Act (‘‘PRA’’), Federal agencies are Title: Process for Review of Swaps for
required to publish notice in the the merits of the Information Collection
Mandatory Clearing (OMB Control No. Request will be retained in the public
Federal Register concerning each 3038–0097). This is a request for
proposed collection of information, comment file and will be considered as
extension of a currently approved required under the Administrative
including each proposed extension of an information collection.
existing collection of information, and Procedure Act and other applicable
Abstract: The Commodity Exchange laws, and may be accessible under the
to allow 60 days for public comment. Act and Commission regulations require
This notice solicits comments on Freedom of Information Act.
a derivatives clearing organization Burden Statement: The respondent
reporting and recordkeeping (‘‘DCO’’) that wishes to accept a swap
requirements relating to information burden for this collection is estimated to
for clearing to be eligible to clear the be 40 hours per response.
management requirements for swap and to submit the swap to the
derivatives clearing organizations. Respondents/Affected Entities:
Commission for a determination as to Derivatives clearing organizations.
DATES: Comments must be submitted on whether the swap is required to be Estimated number of respondents: 14.
or before June 29, 2015. cleared. Commission Regulation 39.5 Estimated total annual burden on
ADDRESSES: You may submit comments, sets forth the process for these respondents: 560.
identified by ‘‘Process for Review of submissions. The Commission will use Frequency of collection: Daily,
Swaps for Mandatory Clearing,’’ by any the information in this collection to annual, and on occasion.
of the following methods: determine whether a DCO that wishes to Authority: 44 U.S.C. 3501 et seq.
• The Agency’s Web site, at http://
mstockstill on DSK4VPTVN1PROD with NOTICES

accept a swap for clearing is eligible to
comments.cftc.gov/. Follow the clear the swap and whether the swap Dated: April 24, 2015.
instructions for submitting comments should be required to be cleared. Robert N. Sidman,
through the Web site. With respect to the collection of Deputy Secretary of the Commission.
• Mail: Christopher Kirkpatrick, information, the CFTC invites [FR Doc. 2015–09994 Filed 4–28–15; 8:45 am]
Secretary of the Commission, comments on: BILLING CODE 6351–01–P
Commodity Futures Trading • Whether the proposed collection of
Commission, Three Lafayette Centre, information is necessary for the proper 1 17 CFR 145.9.

VerDate Sep<11>2014 17:18 Apr 28, 2015 Jkt 235001 PO 00000 Frm 00028 Fmt 4703 Sfmt 9990 E:\FR\FM\29APN1.SGM 29APN1

Document Created: 2015-12-16 08:25:42
Document Modified: 2015-12-16 08:25:42

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Effective: The change to the Internet usage policy set forth in this notice is effective on April 29, 2015.
Contact		Mark Polutta, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy at (571) 272-7709.
FR Citation		80 FR 23787

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

DEPARTMENT OF COMMERCEPatent and Trademark Office

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

DEPARTMENT OF COMMERCE
Patent and Trademark Office