80 FR 55339 - Streamlined, Expedited Patent Appeal Pilot for Small Entities
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 80, Issue 178 (September 15, 2015)
Patent and Trademark Office
Federal Register Volume 80, Issue 178 (September 15, 2015)
| Page Range | 55339-55341 | |
| FR Document | 2015-23090 |
[Federal Register Volume 80, Number 178 (Tuesday, September 15, 2015)] [Notices] [Pages 55339-55341] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-23090] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No.: PTO-P-2015-0062] Streamlined, Expedited Patent Appeal Pilot for Small Entities AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO) has a procedure under which an application will be advanced out of turn (accorded special status) for examination if the applicant files a petition to make special with the appropriate showing. The USPTO is providing a temporary basis (the Streamlined, Expedited Patent Appeal Pilot for Small Entities) under which a small or micro entity appellant may have an ex parte appeal to the Patent Trial and Appeal Board (Board) accorded special status if the appellant has only a single appeal pending before the Board and the appellant agrees to streamline the appeal. Specifically, the appeal must not involve any claim subject to a rejection for lack of written description, enablement, or best mode, or for indefiniteness, and the appellant must agree to the disposition of all claims subject to each ground of rejection as a single group and waive any request for an oral hearing. The Streamlined, Expedited Patent Appeal Pilot for Small Entities will allow small or micro entity appellants who streamline their appeals to have greater control over the priority with which their appeals are decided. DATES: Effective Date: September 18, 2015. Duration: The Streamlined, Expedited Patent Appeal Pilot for Small Entities is being adopted on a temporary basis and [[Page 55340]] will run until two thousand (2,000) appeals have been accorded special status under the pilot, or until September 16, 2016, whichever occurs earlier. The USPTO may extend the Streamlined, Expedited Patent Appeal Pilot for Small Entities (with or without modification) on either a temporary or permanent basis, or may discontinue this pilot after September 16, 2016, depending upon the results. FOR FURTHER INFORMATION CONTACT: Steven Bartlett, Patent Trial and Appeal Board, by telephone at 571-272-9797, or by electronic mail message at expeditedpatentappealspilot@uspto.gov. SUPPLEMENTARY INFORMATION: Appeals to the Board are normally taken up for decision by the Board in the order in which they are docketed. The USPTO has a preexisting procedure under which an application will be advanced out of turn (accorded special status) if the applicant files a petition to make special with the appropriate showing. See 37 CFR 1.102 and MPEP section 708.02. The USPTO recently adopted the Expedited Patent Appeal Pilot, under which an appellant may have an ex parte appeal to the Board in an application accorded special status if the appellant withdraws the appeal in another application or ex parte reexamination with an ex parte appeal also pending before the Board. See Expedited Patent Appeal Pilot, 80 FR 34145 (June 15, 2015). The USPTO is now adopting, on a temporary basis, the Streamlined, Expedited Patent Appeal Pilot for Small Entities, under which a small or micro entity appellant may have an ex parte appeal to the Board accorded special status if the appellant has only a single appeal pending before the Board as of September 18, 2015 and the appellant agrees to streamline the appeal. The Streamlined, Expedited Patent Appeal Pilot for Small Entities will permit small or micro entity appellants to accelerate the Board decision on an appeal, possibly hastening the pace at which the invention is patented and brought to the marketplace, and thus spurring follow-on innovation, economic growth, and job creation. The streamlining of appeals under this pilot also will assist the Board to more efficiently reduce the overall inventory of pending appeals. The USPTO will accord special status to an appeal pending before the Board under the Streamlined, Expedited Patent Appeal Pilot for Small Entities under the following conditions: (1) A certification and petition under 37 CFR 41.3 must be filed by the USPTO's electronic filing system (EFS-Web) in the application involved in the ex parte appeal for which special status is sought (``appeal to be made special''), identifying that application and appeal by application and appeal number, respectively. In addition, the appeal to be made special must be the appellant's only appeal pending before the Board as of September 18, 2015, and the appeal to be made special must have been docketed with the PTAB on or before September 18, 2015. (2) The appellant must certify that the appellant has established status as a small entity or micro entity in the application underlying the appeal to be made special and also must certify that status as a small entity or micro entity is still appropriate. See 37 CFR 1.27 and 1.28 concerning small entity status and see 37 CFR 1.29 concerning micro entity status. (3) The appellant must agree that, for each ground of rejection applying to two or more claims, the PTAB may select a single claim from the claims subject to each ground of rejection and decide the appeal to be made special with respect to every claim subject to that ground of rejection on the basis of the selected claim alone. See 37 CFR 41.37(c)(1)(iv) concerning the treatment of claims subject to the same ground of rejection argued together as a group. (4) The appellant must certify that the appeal to be made special does not involve any claim subject to a rejection under 35 U.S.C. 112. If an appeal made special under the Streamlined, Expedited Patent Appeal Pilot for Small Entities is found to involve one or more claims subject to a rejection under 35 U.S.C. 112, the appeal normally will be removed from the pilot at the discretion of the Board. (5) The appellant must agree to waive any oral hearing in the appeal to be made special, and acknowledge that any oral hearing fees paid in connection with the appeal to be made special will not be refunded. (6) The petition under 37 CFR 41.3 must be signed by a registered practitioner who has a power of attorney under 37 CFR 1.32, or has authority to act under 37 CFR 1.34, for the application involved in the appeal to be made special. The USPTO has created a form-fillable Portable Document Format (PDF) ``Petition to Make Special--the Streamlined, Expedited Patent Appeal Pilot for Small Entities'' (Form PTO/SB/441) for use in filing a certification and petition under 37 CFR 41.3 under the Streamlined, Expedited Patent Appeal Pilot for Small Entities. Form PTO/SB/441 is available on the USPTO's Internet Web site on the micro site for USPTO patent-related forms (http://www.uspto.gov/patent/patents-forms). Form PTO/SB/441 does not collect ``information'' within the meaning of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). See 5 CFR 1320.3(h). Therefore, this notice does not involve information collection requirements which are subject to review by OMB. No petition fee is required. The $400.00 fee for a petition under 37 CFR 41.3 is hereby sua sponte waived for any petition to make an appeal special under the Streamlined, Expedited Patent Appeal Pilot for Small Entities. MPEP section 1203 provides that an application made special and advanced out of turn for examination will continue to be special throughout its entire course of prosecution in the Office, including appeal, if any, to the Board. An appeal that is accorded special status for decision on an appeal to the Board under the Streamlined, Expedited Patent Appeal Pilot for Small Entities will be advanced out of turn for a decision on the appeal by the Board. The difference between the Streamlined, Expedited Patent Appeal Pilot for Small Entities and an application made special under 37 CFR 1.102 and MPEP section 708.02 is that an application in which an appeal is accorded special status for decision on an appeal to the Board under the Streamlined, Expedited Patent Appeal Pilot for Small Entities will not have a special status under CFR 1.102 and MPEP section 708.02 after the decision on the appeal. The goal for handling an application in which a petition to make an appeal special under the Streamlined, Expedited Patent Appeal Pilot for Small Entities is filed is as follows: (1) rendering a decision on the petition to make the appeal special no later than two months from the filing date of the petition; and (2) rendering a decision on the appeal no later than four months from the date a petition to make an appeal special under the Streamlined, Expedited Patent Appeal Pilot for Small Entities is granted. The current pendency of decided appeals in applications, for those appeals decided this fiscal year, ranges between an average of 24.9 months for appeals from applications assigned to Technology Center 1700 and an average of 32.5 months for appeals from applications assigned to Technology Center 1600, and is shown for each Technology Center in the following table: [[Page 55341]] ------------------------------------------------------------------------ Average months from docketing Technology center notice to board decision ------------------------------------------------------------------------ 1600....................................................... 32.5 1700....................................................... 24.9 2100....................................................... 31.6 2400....................................................... 31.2 2600....................................................... 31.2 2800....................................................... 27.0 2900....................................................... 26.2 3600....................................................... 31.7 3700....................................................... 30.1 ------------------------------------------------------------------------ Ex parte reexamination proceedings, including any appeal to the Board, are conducted with special dispatch within the USPTO. See 35 U.S.C. 305. The current average pendency of appeals in ex parte reexaminations, for those appeals decided this fiscal year, is 6.0 months. The USPTO is not making the Streamlined, Expedited Patent Appeal Pilot for Small Entities applicable to appeals in ex parte reexaminations as these appeals already are handled with special dispatch, and the petition evaluation process only would delay the Board decision in an appeal in an ex parte reexamination. The Streamlined, Expedited Patent Appeal Pilot for Small Entities is being adopted on a temporary basis until two thousand (2,000) appeals have been accorded special status under the pilot, or until September 16, 2016, whichever occurs earlier. The USPTO may extend the Streamlined, Expedited Patent Appeal Pilot for Small Entities (with or without modification) on either a temporary or permanent basis, or may discontinue the pilot after September 16, 2016, depending upon the results. Additional information concerning the Streamlined, Expedited Patent Appeal Pilot for Small Entities, including statistical information and pendency of appeals before the Board, can found on the USPTO Internet Web site at: https://www-cms.uspto.gov/patents-application-process/patent-trial-and-appeal-board/expedited-patent-appeal-pilot. Dated: September 8, 2015. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2015-23090 Filed 9-14-15; 8:45 am] BILLING CODE 3510-16-P
![Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices 55339
Herring Committee will provide Framework 55, consider including a Stevens Act, provided that the public
recommendations and the Council will proposal to establish a new sector in the has been notified of the Council’s intent
take final action on the fishery’s 2016– groundfish fishery and possible changes to take final action to address the
18 specifications. These will include an that might streamline the current at-sea emergency.
overfishing level (OFL) and acceptable monitoring program.
Special Accommodations
biological catch (ABC) based on
Thursday, October 1, 2015
Scientific and Statistical Committee This meeting is physically accessible
advice, quotas for each of the four The final meeting day will begin with to people with disabilities. Requests for
Atlantic herring management areas as a briefing by Dr. Jason Link of NOAA sign language interpretation or other
well as monthly quota allocations, Fisheries on the agency’s Ecosystem- auxiliary aids should be directed to
research set-asides, and annual gear/ Based Fisheries Management Strategy. Thomas A. Nies (see ADDRESSES) at least
area-specific catch caps for river herring The Council’s Habitat Committee will 5 days prior to the meeting date.
and shad. The day will conclude with discuss the possibility of initiating a
Dated: September 10, 2015.
the Council’s Observer Committee framework adjustment that would allow
hydraulic clam dredging in some Tracey L. Thompson,
report. This group will ask for approval
portions of the Great South Channel and Acting Deputy Director, Office of Sustainable
of a Draft Environmental Assessment Fisheries, National Marine Fisheries Service.
and draft omnibus amendment that the Georges Shoal Habitat Management
Areas approved by the Council in [FR Doc. 2015–23107 Filed 9–14–15; 8:45 am]
would establish provisions for industry-
funded monitoring (IFM) across all Omnibus EFH Amendment 2 and BILLING CODE 3510–22–P
federally-managed fisheries in the review the status of and new
Greater Atlantic region and address information associated with the
development of an Omnibus Deep-Sea DEPARTMENT OF COMMERCE
monitoring requirements on Atlantic
herring vessels. Additionally, the Coral Amendment. A discussion of
Patent and Trademark Office
discussion will include consideration of management priorities for 2016 will
Observer Committee and Herring occur just prior to a lunch break. [Docket No.: PTO–P–2015–0062]
Committee recommendations regarding After the break, the Scallop
the inclusion of any additional Committee will ask the Council to Streamlined, Expedited Patent Appeal
management measures in the action, the identify preferred alternatives in Pilot for Small Entities
selection of preferred alternatives, and Amendment 19 to the Sea Scallop FMP.
The action is intended to expedite the AGENCY: United States Patent and
approval of the Draft Omnibus IFM Trademark Office, Commerce.
Amendment for public comment. implementation date of the sea scallop
fishery specifications each year. An ACTION: Notice.
Wednesday, September 30, 2015 update on the development of fishing
year 2016 specifications and default SUMMARY: The United States Patent and
Wednesday’s session will begin with
measures for fishing year 2017 is also Trademark Office (USPTO) has a
the receipt of recommendations from
scheduled. The Council will spend the procedure under which an application
the Council’s Scientific and Statistical
remainder of the day on its Small Mesh will be advanced out of turn (accorded
Committee on a Georges Bank yellowtail
Multispecies Program and the Northeast special status) for examination if the
flounder OFL and ABC for fishing years
skate complex. During the Small Mesh applicant files a petition to make special
2016–17; and an ABC recommendation
for the species in the Northeast skate Program agenda item the Council will: with the appropriate showing. The
complex for fishing years 2016–18. (1) Receive a summary of the annual USPTO is providing a temporary basis
Next, a summary of the 2015 monitoring report for the three species (the Streamlined, Expedited Patent
Transboundary Resources Assessment in this group, red, silver, and offshore Appeal Pilot for Small Entities) under
Committee’s recent stock assessments hake, all of which are managed via the which a small or micro entity appellant
for Eastern Georges Bank cod, Eastern Groundfish Plan; (2) consider an interim may have an ex parte appeal to the
Georges Bank haddock, and Georges adjustment to the fishery specifications Patent Trial and Appeal Board (Board)
Bank yellowtail flounder will be for red hake; and (3) review and approve accorded special status if the appellant
presented. This will be followed by a a draft scoping document for has only a single appeal pending before
discussion of and a decision on the Amendment 22 to the Groundfish Plan, the Board and the appellant agrees to
Transboundary Management Guidance which would address limited access in streamline the appeal. Specifically, the
Committee’s (TMGC) recommendations this fishery. During the skate discussion, appeal must not involve any claim
for the 2016 quotas for these same the Council will receive an update on subject to a rejection for lack of written
stocks. The Council may also discuss the status of the seven skate species in description, enablement, or best mode,
other TMGC issues. The Council’s the complex and recent catches. A or for indefiniteness, and the appellant
Groundfish Committee report will decision may also be made about must agree to the disposition of all
follow and will contain a number of initiating a framework adjustment that claims subject to each ground of
elements: (1) Final Council action on would allow the Skate Committee to rejection as a single group and waive
Amendment 18 to the Northeast take the lead in developing any request for an oral hearing. The
Multispecies Fishery Management Plan specifications for fishing years 2016–17. Streamlined, Expedited Patent Appeal
(FMP), which focuses on accumulation Although other non-emergency issues Pilot for Small Entities will allow small
limits and fleet diversity; (2) an update not contained in this agenda may come or micro entity appellants who
streamline their appeals to have greater
mstockstill on DSK4VPTVN1PROD with NOTICES
on the development of Framework before this Council for discussion, those
Adjustment 55 to the Northeast issues may not be the subject of formal control over the priority with which
Multispecies (Groundfish) Plan, which action during this meeting. Council their appeals are decided.
would set specifications for all action will be restricted to those issues DATES: Effective Date: September 18,
groundfish stocks for fishing years specifically listed in this notice and any 2015.
2016–18, and include the quotas for the issues arising after publication of this Duration: The Streamlined, Expedited
three U.S./Canada stocks mentioned notice that require emergency action Patent Appeal Pilot for Small Entities is
above for 2016 only; and (3) relative to under section 305(c) of the Magnuson- being adopted on a temporary basis and
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![Federal Register / Vol. 80, No. 178 / Tuesday, September 15, 2015 / Notices 55341
Average DEPARTMENT OF DEFENSE Instructions: All submissions received
months from must include the agency name, Docket
docketing Department of the Army ID number and title for this Federal
Technology center notice to Register document. The general policy
board [Docket ID: USA–2015–0014]
decision for comments and other submissions
Submission for OMB Review; from members of the public is to make
1600 .......................................... 32.5 Comment Request these submissions available for public
1700 .......................................... 24.9 viewing on the Internet at http://
2100 .......................................... 31.6 ACTION: Notice. www.regulations.gov as they are
2400 .......................................... 31.2 received without change, including any
SUMMARY: The Department of Defense
2600 .......................................... 31.2 personal identifiers or contact
has submitted to OMB for clearance, the
2800 .......................................... 27.0 information.
following proposal for collection of
2900 .......................................... 26.2 DOD Clearance Officer: Mr. Frederick
information under the provisions of the
3600 .......................................... 31.7 Licari.
3700 .......................................... 30.1
Paperwork Reduction Act. Written requests for copies of the
DATES: Consideration will be given to all information collection proposal should
comments received by October 15, 2015. be sent to Mr. Licari at WHS/ESD
Ex parte reexamination proceedings,
FOR FURTHER INFORMATION CONTACT: Fred Directives Division, 4800 Mark Center
including any appeal to the Board, are
Licari, 571–372–0493. Drive, East Tower, Suite 02G09,
conducted with special dispatch within
SUPPLEMENTARY INFORMATION: Alexandria, VA 22350–3100.
the USPTO. See 35 U.S.C. 305. The Title, Associated Form And OMB
current average pendency of appeals in Dated: September 9, 2015.
Number: U.S. Army Corps of Engineers,
ex parte reexaminations, for those Aaron Siegel,
Instrument for Hurricane Evacuation
appeals decided this fiscal year, is 6.0 Behavioral Survey; Generic Collection Alternate OSD Federal Register, Liaison
months. The USPTO is not making the Officer, Department of Defense.
for OMB Control Number 0710–XXXX.
Streamlined, Expedited Patent Appeal Type of Request: New. [FR Doc. 2015–23069 Filed 9–14–15; 8:45 am]
Pilot for Small Entities applicable to Number of Respondents: 6000. BILLING CODE 3710–08–P
appeals in ex parte reexaminations as Responses per Respondent: 1.
these appeals already are handled with Annual Responses: 6000.
Average Burden per Response: 15 DEPARTMENT OF DEFENSE
special dispatch, and the petition
evaluation process only would delay the minutes.
Annual Burden Hours: 1500. Department of the Army
Board decision in an appeal in an ex Needs and Uses: USACE is preparing
parte reexamination. [Docket ID: USA–2015–0005]
a Hurricane Evacuation Study to
The Streamlined, Expedited Patent identify clearance times for the Submission for OMB Review;
Appeal Pilot for Small Entities is being evacuations of coastal areas in advance Comment Request
adopted on a temporary basis until two of a hurricane or tropical storm threat.
thousand (2,000) appeals have been Part of the evacuation study is a ACTION: Notice.
accorded special status under the pilot, behavioral assessment, which identifies
SUMMARY: The Department of Defense
or until September 16, 2016, whichever the factors and decision points for
has submitted to OMB for clearance, the
occurs earlier. The USPTO may extend individuals who are evacuation from
following proposal for collection of
the Streamlined, Expedited Patent areas vulnerable to the storm. The
information under the provisions of the
Appeal Pilot for Small Entities (with or proposed behavioral assessment will
Paperwork Reduction Act.
use phone interviews to determine the
without modification) on either a DATES: Consideration will be given to all
likelihood of evacuation, the method of
temporary or permanent basis, or may comments received by October 15, 2015.
evacuation, and the number of vehicles
discontinue the pilot after September and individuals that will be evacuated FOR FURTHER INFORMATION CONTACT: Fred
16, 2016, depending upon the results. for all contacted individuals. Licari, 571–372–0493.
Additional information concerning the Affected Public: Individuals or SUPPLEMENTARY INFORMATION:
Streamlined, Expedited Patent Appeal Households. Title, Associated Form and OMB
Pilot for Small Entities, including Frequency: Annual. Number: U.S. Army Corps of Engineers
statistical information and pendency of Respondent’s Obligation: Voluntary. Flood Risk Management Surveys;
appeals before the Board, can found on OMB Desk Officer: Mr. Stuart Generic Collection for OMB Control
the USPTO Internet Web site at: Levenbach. Number 0710–XXXX.
https://www-cms.uspto.gov/patents- Comments and recommendations on Type of Request: New.
application-process/patent-trial-and- the proposed information collection Number of Respondents: 7,000.
appeal-board/expedited-patent-appeal- should be emailed to Mr. Stuart Responses per Respondent: 1.
Levenbach, DoD Desk Officer, at Oira_ Annual Responses: 7,000.
pilot. Average Burden per Response: 43
submission@omb.eop.gov. Please
Dated: September 8, 2015. identify the proposed information minutes.
Michelle K. Lee, collection by DoD Desk Officer and the Annual Burden Hours: 5,000.
Docket ID number and title of the Needs and Uses: The Corps of
Under Secretary of Commerce for Intellectual
mstockstill on DSK4VPTVN1PROD with NOTICES
Property and Director of the United States information collection. Engineers uses public surveys for
Patent and Trademark Office. You may also submit comments and collecting data for planning,
[FR Doc. 2015–23090 Filed 9–14–15; 8:45 am] recommendations, identified by Docket formulation, and evaluation of projects.
ID number and title, by the following Floodplain residents, property owners,
BILLING CODE 3510–16–P
method: businesses, and nonprofit organizations,
• Federal eRulemaking Portal: http:// who are flood victims, are interviewed
www.regulations.gov. Follow the along with state and local officials and
instructions for submitting comments. other affected individuals.
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Document Created: 2015-12-15 10:09:09
Document Modified: 2015-12-15 10:09:09
| 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. | |
| Contact | Steven Bartlett, Patent Trial and Appeal Board, by telephone at 571-272-9797, or by electronic mail message at [email protected] | |
| FR Citation | 80 FR 55339 |
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