81_FR_24783 81 FR 24702 - Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board; Correction

81 FR 24702 - Amendments to the Rules of Practice for Trials Before the Patent Trial and Appeal Board; Correction

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 81, Issue 81 (April 27, 2016)

Page Range24702-24703
FR Document2016-09814

The United States Patent and Trademark Office (Office) published a final rule in the Federal Register on April 1, 2016, revising the rules related to trial practice for inter partes review, post-grant review, the transitional program for covered business method patents, and derivation proceedings that implemented provisions of the Leahy-Smith America Invents Act (``AIA'') providing for trials before the Office. This document corrects an error in that final rule.

Federal Register, Volume 81 Issue 81 (Wednesday, April 27, 2016)
[Federal Register Volume 81, Number 81 (Wednesday, April 27, 2016)]
[Rules and Regulations]
[Pages 24702-24703]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09814]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 42

[Docket No. PTO-P-2015-0053]
RIN 0651-AD01


Amendments to the Rules of Practice for Trials Before the Patent 
Trial and Appeal Board; Correction

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule; correction.

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

SUMMARY: The United States Patent and Trademark Office (Office) 
published a final rule in the Federal Register on

[[Page 24703]]

April 1, 2016, revising the rules related to trial practice for inter 
partes review, post-grant review, the transitional program for covered 
business method patents, and derivation proceedings that implemented 
provisions of the Leahy-Smith America Invents Act (``AIA'') providing 
for trials before the Office. This document corrects an error in that 
final rule.

DATES: Effective Date: This rule is effective May 2, 2016 and applies 
to all AIA petitions filed on or after the effective date and to any 
ongoing AIA preliminary proceeding or trial before the Office.

FOR FURTHER INFORMATION CONTACT: Susan L. C. Mitchell, Lead 
Administrative Patent Judge, by telephone at (571) 272-9797.

SUPPLEMENTARY INFORMATION: The Office published a final rule in the 
Federal Register on April 1, 2016 (81 FR 18750), entitled ``Amendments 
to the Rules of Practice for Trials Before the Patent Trial and Appeal 
Board.'' This document corrects an error in Sec.  42.24(a)(1).
    The second sentence of Sec.  42.24(a)(1) should state that the word 
count or page limit does not include a table of contents, a table of 
authorities, mandatory notices under Sec.  42.8, a certificate of 
service or word count, or appendix of exhibits or claim listing. The 
reference to ``grounds for standing under Sec.  42.104, Sec.  42.204, 
or Sec.  42.304'' was inadvertently included as administrative items, 
such as mandatory notices, and in the related discussion in the 
preamble on pages 18762 and 18763 of the final rule published on April 
1, 2016 (81 FR 18750). This correction removes that reference from 
Sec.  42.24(a)(1).
    In rule FR Doc. 2016-07381, published on April 1, 2016 (81 FR 
18750), make the following correction:


Sec.  42.24  [Correction]

    1. On page 18765, in the second column, in paragraph (a)(1) of 
Sec.  42.24, correct the second sentence by removing ``grounds for 
standing under Sec.  42.104, Sec.  42.204, or Sec.  42.304,''.

    Dated: April 21, 2016.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2016-09814 Filed 4-26-16; 8:45 am]
 BILLING CODE 3510-16-P



                                                24702            Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Rules and Regulations

                                                DEPARTMENT OF THE TREASURY                              corrected to read ‘‘premium for a tax-                Correction of Publication
                                                                                                        exempt obligation that’’.                               Accordingly, 26 CFR part 1 is
                                                Internal Revenue Service
                                                                                                        Martin V. Franks,                                     corrected by making the following
                                                                                                        Chief, Publications and Regulations Branch,           correcting amendments:
                                                26 CFR Part 1
                                                                                                        Legal Processing Division, Associate Chief
                                                [TD 9750]                                               Counsel (Procedure and Administration).               PART 1—INCOME TAXES
                                                                                                        [FR Doc. 2016–09698 Filed 4–26–16; 8:45 am]
                                                RIN 1545–BN59                                                                                                 ■ Paragraph 1. The authority citation
                                                                                                        BILLING CODE 4830–01–P
                                                                                                                                                              for part 1 continues to read in part as
                                                Reporting of Original Issue Discount                                                                          follows:
                                                on Tax-Exempt Obligations; Basis and                                                                              Authority: 26 U.S.C. 7805 * * *
                                                                                                        DEPARTMENT OF THE TREASURY
                                                Transfer Reporting by Securities
                                                Brokers for Debt Instruments and                                                                              ■ Par. 2. Section 1.6045–1 is amended
                                                                                                        Internal Revenue Service                              by revising the third sentence of
                                                Options; Correction
                                                                                                                                                              paragraph (n)(4) to read as follows:
                                                AGENCY:  Internal Revenue Service (IRS),                26 CFR Part 1
                                                Treasury.                                                                                                     § 1.6045–1 Returns of information of
                                                                                                        [TD 9750]
                                                                                                                                                              brokers and barter exchanges.
                                                ACTION: Final regulations; correction.
                                                                                                        RIN 1545–BM59                                         *      *     *     *     *
                                                SUMMARY:    This document contains                                                                               (n) * * *
                                                                                                        Reporting of Original Issue Discount                     (4) * * * See paragraph (n)(11) of this
                                                corrections to final regulations (TD
                                                                                                        on Tax-Exempt Obligations; Basis and                  section for the treatment of an election
                                                9750) that published in the Federal
                                                                                                        Transfer Reporting by Securities                      described in paragraph (n)(4)(iii) of this
                                                Register on Thursday, February 18,
                                                                                                        Brokers for Debt Instruments and                      section (election to accrue market
                                                2016 (81 FR 8149). The final regulations
                                                                                                        Options; Correction                                   discount based on a constant yield) and
                                                relates to information reporting by
                                                brokers for transactions involving debt                 AGENCY:  Internal Revenue Service (IRS),              an election described in paragraph
                                                instruments and options, including the                  Treasury.                                             (n)(4)(iv) of this section (election to treat
                                                reporting of original issue discount                    ACTION: Correcting amendment.
                                                                                                                                                              all interest as OID).
                                                (OID) on tax-exempt obligations, the                                                                          *      *     *     *     *
                                                treatment of certain holder elections for               SUMMARY:  This document contains
                                                reporting a taxpayer’s adjusted basis in                corrections to final regulations (TD                  § 1.6045A–1       [Corrected]
                                                a debt instrument, and transfer reporting               9750) that were published in the                      ■ Par. 3. Section 1.6045A–1 is amended
                                                for section 1256 options and debt                       Federal Register on Thursday, February                by removing ‘‘and;’’ at the end of
                                                instruments.                                            18, 2016 (81 FR 8149). The final                      paragraphs (b)(3)(ix) and (b)(4)(iii) and
                                                DATES: This correction is effective April               regulations relate to information                     adding ‘‘; and’’ in its place.
                                                27, 2016 and applicable February 18,                    reporting by brokers for transactions
                                                                                                        involving debt instruments and options,               § 1.6049–9    [Corrected]
                                                2016.
                                                                                                        including the reporting of original issue             ■  Par. 4. Section 1.6049–9(c) is
                                                FOR FURTHER INFORMATION CONTACT:                        discount (OID) on tax-exempt                          amended by revising the citation
                                                Pamela Lew at (202) 317–7053 (not a                     obligations, the treatment of certain                 ‘‘§ 1.6049–10T’’ to read ‘‘§ 1.6049–10’’
                                                toll-free number).                                      holder elections for reporting a                      in the last sentence.
                                                SUPPLEMENTARY INFORMATION:                              taxpayer’s adjusted basis in a debt
                                                                                                                                                              Martin V. Franks,
                                                                                                        instrument, and transfer reporting for
                                                Background                                                                                                    Chief, Publications and Regulations Branch,
                                                                                                        section 1256 options and debt
                                                  The final regulation (TD 9750) that is                                                                      Legal Processing Division, Associate Chief
                                                                                                        instruments.                                          Counsel (Procedure and Administration).
                                                the subject of this correction is under
                                                                                                        DATES: This correction is effective April             [FR Doc. 2016–09697 Filed 4–26–16; 8:45 am]
                                                section 6045 of the Internal Revenue
                                                                                                        27, 2016 and applicable February 18,                  BILLING CODE 4830–01–P
                                                Code.
                                                                                                        2016.
                                                Need for Correction                                     FOR FURTHER INFORMATION CONTACT:
                                                  As published, the final regulation (TD                Pamela Lew at (202) 317–7053 (not a                   DEPARTMENT OF COMMERCE
                                                9750) contains errors that may prove to                 toll-free number).
                                                be misleading and are in need of                                                                              Patent and Trademark Office
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                clarification.
                                                                                                        Background                                            37 CFR Part 42
                                                Correction of Publication
                                                                                                          The final regulations (TD 9750) that                [Docket No. PTO–P–2015–0053]
                                                   Accordingly, the final regulation (TD                are the subject of this correction are
                                                9750), that is the subject of FR Doc.                                                                         RIN 0651–AD01
                                                                                                        under section 6045, 6045A, and 6049 of
                                                2016–03429, is corrected as follows:                    the Internal Revenue Code.                            Amendments to the Rules of Practice
                                                   1. On page 8151, in the preamble,
                                                                                                        Need for Correction                                   for Trials Before the Patent Trial and
                                                third column, third line from the bottom
                                                                                                                                                              Appeal Board; Correction
                                                of the first full paragraph, ‘‘OID and                    As published, the final regulations
jstallworth on DSK7TPTVN1PROD with RULES




                                                acquisition discount on all tax-’’ is                   (TD 9750) contain errors that may prove               AGENCY:  United States Patent and
                                                corrected to read ‘‘OID and acquisition                 to be misleading and are in need of                   Trademark Office, Commerce.
                                                premium on all tax-’’.                                  clarification.                                        ACTION: Final rule; correction.
                                                   2. On page 8151, in the preamble,
                                                third column, third line from the bottom                List of Subjects in 26 CFR Part 1                     SUMMARY:    The United States Patent and
                                                of the last full paragraph, ‘‘discount for                Income taxes, Reporting and                         Trademark Office (Office) published a
                                                a tax-exempt obligation that’’ is                       recordkeeping requirements.                           final rule in the Federal Register on


                                           VerDate Sep<11>2014   15:13 Apr 26, 2016   Jkt 238001   PO 00000   Frm 00010   Fmt 4700   Sfmt 4700   E:\FR\FM\27APR1.SGM   27APR1


                                                                 Federal Register / Vol. 81, No. 81 / Wednesday, April 27, 2016 / Rules and Regulations                                                  24703

                                                April 1, 2016, revising the rules related               FEDERAL MARITIME COMMISSION                           research, development, or commercial
                                                to trial practice for inter partes review,                                                                    information.
                                                post-grant review, the transitional                     46 CFR Part 535                                          • A confidential copy of your
                                                program for covered business method                     [Docket No. 16–09]
                                                                                                                                                              comments, consisting of the complete
                                                patents, and derivation proceedings that                                                                      filing with a cover page marked
                                                                                                        RIN 3072–AC65                                         ‘‘Confidential-Restricted,’’ and the
                                                implemented provisions of the Leahy-
                                                Smith America Invents Act (‘‘AIA’’)                                                                           confidential material clearly marked on
                                                                                                        Optional Method of Filing Ocean                       each page. You should submit the
                                                providing for trials before the Office.                 Common Carrier and Marine Terminal                    confidential copy to the Commission by
                                                This document corrects an error in that                 Operator Agreements Subject to the                    mail.
                                                final rule.                                             Shipping Act of 1984                                     • A public version of your comments
                                                DATES:  Effective Date: This rule is                          Federal Maritime Commission.
                                                                                                        AGENCY:
                                                                                                                                                              with the confidential information
                                                effective May 2, 2016 and applies to all                                                                      excluded. The public version must state
                                                                                                              Direct final rule; and request for
                                                                                                        ACTION:
                                                                                                                                                              ‘‘Public Version—confidential materials
                                                AIA petitions filed on or after the                     comments.
                                                effective date and to any ongoing AIA                                                                         excluded’’ on the cover page and on
                                                preliminary proceeding or trial before                  SUMMARY:    The Federal Maritime                      each affected page, and must clearly
                                                the Office.                                             Commission (FMC or Commission)                        indicate any information withheld. You
                                                                                                        amends its regulations relating to the                may submit the public version to the
                                                FOR FURTHER INFORMATION CONTACT:                                                                              Commission by email or mail.
                                                                                                        method of filing Ocean Common Carrier
                                                Susan L. C. Mitchell, Lead                              and Marine Terminal Operator                          FOR FURTHER INFORMATION CONTACT: For
                                                Administrative Patent Judge, by                         Agreements to provide for optional                    questions regarding submitting
                                                telephone at (571) 272–9797.                            filing of these agreements through a new              comments or the treatment of
                                                                                                        electronic filing system. This optional               confidential information, contact Karen
                                                SUPPLEMENTARY INFORMATION:      The Office
                                                                                                        filing system is intended to facilitate               V. Gregory, Secretary, Phone: (202) 523–
                                                published a final rule in the Federal
                                                                                                        more efficient filing, review, and                    5725. Email: secretary@fmc.gov. For
                                                Register on April 1, 2016 (81 FR 18750),                                                                      technical questions, contact Florence A.
                                                entitled ‘‘Amendments to the Rules of                   publication of these agreements.
                                                                                                        DATES: This rule is effective without
                                                                                                                                                              Carr, Director, Bureau of Trade
                                                Practice for Trials Before the Patent                                                                         Analysis. Phone: (202) 523–5796. Email:
                                                Trial and Appeal Board.’’ This                          further action on June 13, 2016, unless
                                                                                                                                                              tradeanalysis@fmc.gov. For legal
                                                document corrects an error in                           significant adverse comment is received
                                                                                                                                                              questions, contact Tyler J. Wood,
                                                § 42.24(a)(1).                                          by May 27, 2016. If significant adverse
                                                                                                                                                              General Counsel. Phone: (202) 523–
                                                                                                        comment is received, the Federal
                                                  The second sentence of § 42.24(a)(1)                                                                        5740. Email: generalcounsel@fmc.gov.
                                                                                                        Maritime Commission will publish a
                                                should state that the word count or page                                                                      SUPPLEMENTARY INFORMATION: On
                                                                                                        timely withdrawal of the rule in the
                                                limit does not include a table of                       Federal Register.                                     January 18, 2011, President Obama
                                                contents, a table of authorities,                                                                             issued Executive Order 13563 (E.O.
                                                                                                        ADDRESSES: You may submit comments
                                                mandatory notices under § 42.8, a                                                                             13563) to emphasize the importance of
                                                                                                        by the following methods:                             public participation in adopting
                                                certificate of service or word count, or                   • Email: secretary@fmc.gov. Include
                                                appendix of exhibits or claim listing.                                                                        regulations, integration and innovation
                                                                                                        in the subject line: ‘‘Docket No. 16–09,              in regulatory actions, flexible
                                                The reference to ‘‘grounds for standing                 Commentor/Company name.’’
                                                under § 42.104, § 42.204, or § 42.304’’                                                                       approaches in achieving regulatory
                                                                                                        Comments should be attached to the                    objectives, and ensuring the objectivity
                                                was inadvertently included as                           email as a Microsoft Word or text-                    of any scientific and technological
                                                administrative items, such as mandatory                 searchable PDF document. Only non-                    information and process in regulatory
                                                notices, and in the related discussion in               confidential and public versions of                   actions. E.O. 13563 requires executive
                                                the preamble on pages 18762 and 18763                   confidential comments should be                       agencies to develop a plan to
                                                of the final rule published on April 1,                 submitted by email.                                   periodically review their existing
                                                2016 (81 FR 18750). This correction                        • Mail: Karen V. Gregory, Secretary,               significant regulations to determine
                                                removes that reference from                             Federal Maritime Commission, 800                      whether any such regulations should be
                                                § 42.24(a)(1).                                          North Capitol Street NW., Washington,                 modified, streamlined, expanded, or
                                                                                                        DC 20573–0001. Phone: (202) 523–5725.                 repealed so as to make such agencies’
                                                  In rule FR Doc. 2016–07381,
                                                                                                        Email: secretary@fmc.gov.                             regulatory programs more effective and
                                                published on April 1, 2016 (81 FR                          Docket: For access to the docket to
                                                18750), make the following correction:                                                                        less burdensome in achieving the
                                                                                                        read background documents or
                                                                                                                                                              regulatory objectives. On July 11, 2011,
                                                § 42.24   [Correction]                                  comments received, go to the
                                                                                                                                                              Executive Order 13579 was issued to
                                                                                                        Commission’s Electronic Reading Room
                                                   1. On page 18765, in the second                                                                            encourage independent regulatory
                                                                                                        at: http://www.fmc.gov/16-09.
                                                column, in paragraph (a)(1) of § 42.24,                                                                       agencies to also pursue the goals stated
                                                                                                           Confidential Information: The
                                                correct the second sentence by removing                                                                       in E.O. 13563.
                                                                                                        Commission will provide confidential                     On November 4, 2011, the
                                                ‘‘grounds for standing under § 42.104,                  treatment for identified confidential                 Commission issued its Plan for
                                                § 42.204, or § 42.304,’’.                               information to the extent allowed by                  Retrospective Review of Existing Rules
                                                  Dated: April 21, 2016.                                law. If your comments contain                         (Plan) and invited public comment on
                                                                                                        confidential information, you must                    how it might improve the current
jstallworth on DSK7TPTVN1PROD with RULES




                                                Michelle K. Lee,
                                                                                                        submit the following:                                 regulations.1 The Plan included a
                                                Under Secretary of Commerce for Intellectual               • A transmittal letter requesting
                                                Property and Director of the United States                                                                    review schedule for the Commission’s
                                                                                                        confidential treatment that identifies the
                                                Patent and Trademark Office.                                                                                  existing regulations, which was updated
                                                                                                        specific information in the comments
                                                [FR Doc. 2016–09814 Filed 4–26–16; 8:45 am]             for which protection is sought and                      1 A copy of the Plan and comments filed in
                                                BILLING CODE 3510–16–P                                  demonstrates that the information is a                response to the Plan that are within the scope of
                                                                                                        trade secret or other confidential                    this rulemaking have been placed in the docket.



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Document Created: 2018-02-07 13:55:45
Document Modified: 2018-02-07 13:55:45
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correction.
DatesEffective Date: This rule is effective May 2, 2016 and applies to all AIA petitions filed on or after the effective date and to any ongoing AIA preliminary proceeding or trial before the Office.
ContactSusan L. C. Mitchell, Lead Administrative Patent Judge, by telephone at (571) 272-9797.
FR Citation81 FR 24702 
RIN Number0651-AD01

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