81 FR 93669 - Extension of the Extended Missing Parts Pilot Program
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 81, Issue 245 (December 21, 2016)
Patent and Trademark Office
Federal Register Volume 81, Issue 245 (December 21, 2016)
| Page Range | 93669-93671 | |
| FR Document | 2016-30733 |
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)] [Notices] [Pages 93669-93671] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30733] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No.: PTO-P-2016-0055] Extension of the Extended Missing Parts Pilot Program AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO) implemented a pilot program (Extended Missing Parts Pilot Program) in which an applicant, under certain conditions, can request a 12-month time period to pay the search fee, the examination fee, any excess claim fees, and the surcharge (for the late submission of the search fee and the examination fee) in a nonprovisional application. The Extended Missing Parts Pilot Program benefits applicants by permitting additional time to determine if patent protection should be sought--at a relatively low cost--and by permitting applicants to focus efforts on commercialization during this period. The Extended Missing Parts Pilot Program benefits the USPTO and the public by adding publications to the body of prior art, and by removing from the USPTO's workload those nonprovisional applications for which applicants later decide not to pursue examination. While the USPTO has not yet completed its evaluation of the program, the number of participants in the program over the past several years indicates that there may be sufficient benefits to the patent community. Thus, the USPTO is extending the Extended Missing Parts Pilot Program until January 2, 2018, to allow the USPTO to continue its evaluation of the pilot program. The requirements of the program have not changed. DATES: Duration: The Extended Missing Parts Pilot Program will run through January 2, 2018. Therefore, any certification and request to participate in the Extended Missing Parts Pilot Program must be filed on or before January 2, 2018. The USPTO may further extend the pilot program (with or without modifications) depending on the feedback received and the continued effectiveness of the pilot program. FOR FURTHER INFORMATION CONTACT: Eugenia A. Jones, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272- 7727, or Erin M. Harriman, Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272-7747. Inquiries regarding this notice may be directed to the Office of Patent Legal Administration, by telephone at (571) 272-7701, or by electronic mail at [email protected]. Alternatively, mail may be addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Eugenia A. Jones. SUPPLEMENTARY INFORMATION: On December 8, 2010, after considering written comments from the public, the USPTO changed the missing parts examination procedures in certain nonprovisional applications by implementing a pilot program (i.e., Extended Missing Parts Pilot Program). See Pilot Program for Extended Time Period To Reply to a Notice to File Missing Parts of Nonprovisional Application, 75 FR 76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Office 44 (Jan. 4, 2011). Over the course of the pilot program, the USPTO provided extensions of the Extended Missing Parts Pilot Program through notices published in the Federal Register. The most recent notice extended the program until December 31, 2016, to allow the USPTO time to seek public comment on whether the Extended Missing Parts Pilot Program offers sufficient benefits to the patent community for it to be made permanent. See Extension of Extended Missing Parts Pilot Program, 80 FR 80325 (Dec. 24, 2015), 1422 Off. Gaz. Pat. Office 192 (Jan. 19, 2016). On September 6, 2016, the USPTO sought public comment on whether the Extended Missing Parts Pilot Program offers sufficient benefits to the patent community for it to be made permanent or whether the USPTO should permit the pilot program to expire. See Request for Comments on the Extended Missing Parts Pilot Program, 81 FR 61195 (Sept. 6, 2016), 1430 Off. Gaz. Pat. Office 269 (Sept. 27, 2016). The USPTO received a total of two comments, and both comments appear to support the pilot program. The two comments are available via the USPTO's Internet Web site at https://www.uspto.gov/patent/laws-and-regulations/comments-public/comments-extended-missing-parts-pilot-program. While the USPTO has not yet completed its evaluation of the pilot program, the increase in the number of participants in the program over the past five years indicates that there may be sufficient benefits to the patent community. Thus, the USPTO is extending the Extended Missing Parts Pilot Program until January 2, 2018, to allow the USPTO to continue its evaluation of the pilot program. The requirements of the program, which have not been modified, are reiterated below. Applicants are strongly advised to review the pilot program requirements before making a request to participate in the Extended Missing Parts Pilot Program. See Pilot Program for Extended Time Period To Reply to a Notice To File Missing Parts of Nonprovisional Application, 75 FR 76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Office 44 (Jan. 4, 2011). The USPTO cautions all applicants that, in order to claim the benefit of a prior provisional application, the statute [[Page 93670]] requires a nonprovisional application filed under 35 U.S.C. 111(a) to be filed within 12 months after the date on which the corresponding provisional application was filed. See 35 U.S.C. 119(e). It is essential that applicants understand that the Extended Missing Parts Pilot Program cannot and does not change this statutory requirement. Title II of the Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the provisions of title 35, United States Code, including 35 U.S.C. 119(e), to implement the Patent Law Treaty (PLT). See Public Law 112-211, Sec. 20-203, 126 Stat. 1527, 1533-37 (2012). In the rulemaking to implement the PLT and title II of the PLTIA, the USPTO provided that an applicant may file a petition under 37 CFR 1.78(b) to restore the benefit of a provisional application filed up to fourteen months earlier. See Changes To Implement the Patent Law Treaty, 78 FR 62367, 62368-69 (Oct. 21, 2013) (final rule). Any petition to restore the benefit of a provisional application must include the benefit claim, the petition fee, and a statement that the delay in filing the subsequent application was unintentional. This change was effective on December 18, 2013, and applies to any application filed before, on, or after December 18, 2013. However, if a nonprovisional application is filed outside the 12 month period from the date on which the corresponding provisional application was filed, the nonprovisional application is not eligible for participation in the Extended Missing Parts Pilot Program, even though the applicant may be able to restore the benefit of the provisional application by submitting a petition under 37 CFR 1.78(b). I. Requirements: In order for an applicant to be provided a 12- month (non-extendable) time period to pay the search and examination fees and any required excess claims fees in response to a Notice to File Missing Parts of Nonprovisional Application under the Extended Missing Parts Pilot Program, the applicant must satisfy the following conditions: (1) The applicant must submit a certification and request to participate in the Extended Missing Parts Pilot Program with the nonprovisional application on filing, preferably by using Form PTO/AIA/ 421, titled ``Certification and Request for Extended Missing Parts Pilot Program''; (2) the application must be an original (i.e., not a Reissue) nonprovisional utility or plant application filed under 35 U.S.C. 111(a) within the duration of the pilot program; (3) the nonprovisional application must directly claim the benefit under 35 U.S.C. 119(e) and 37 CFR 1.78 of a prior provisional application filed within the previous 12 months, and the specific reference to the provisional application must be in an application data sheet under 37 CFR 1.76 (see 37 CFR 1.78(a)(3)); and (4) the applicant must not have filed a nonpublication request. As required for all nonprovisional applications, the applicant will need to satisfy filing date requirements and publication requirements. In the rulemaking to implement the PLT and title II of the PLTIA, the USPTO provided that an application (other than an application for a design patent) filed on or after December 18, 2013, is not required to include a claim to be entitled to a filing date. See Changes To Implement the Patent Law Treaty, 78 FR 62367, 62638 (Oct. 21, 2013) (final rule). This change was effective on December 18, 2013, and applies to any application filed under 35 U.S.C. 111 on or after December 18, 2013. However, if an application is filed without any claims, the Office of Patent Application Processing will issue a notice giving the applicant a two-month (extendable) time period within which to submit at least one claim in order to avoid abandonment (see 37 CFR 1.53(f)). The Extended Missing Parts Pilot Program does not change this time period. In accordance with 35 U.S.C. 122(b), the USPTO will publish the application promptly after the expiration of 18 months from the earliest filing date for which benefit is sought. Therefore, the nonprovisional application should also be in condition for publication as provided in 37 CFR 1.211(c). The following are required in order for the nonprovisional application to be in condition for publication: (1) The basic filing fee; (2) the executed inventor's oath or declaration in compliance with 37 CFR 1.63 or an application data sheet containing the information specified in 37 CFR 1.63(b); (3) a specification in compliance with 37 CFR 1.52; (4) an abstract in compliance with 37 CFR 1.72(b); (5) drawings in compliance with 37 CFR 1.84 (if applicable); (6) any application size fee required under 37 CFR 1.16(s); (7) any English translation required by 37 CFR 1.52(d); and (8) a sequence listing in compliance with 37 CFR 1.821-1.825 (if applicable). The USPTO also requires any compact disc requirements to be satisfied and an English translation of the provisional application to be filed in the provisional application if the provisional application was filed in a non-English language and a translation has not yet been filed. If the requirements for publication are not met, the applicant will need to satisfy the publication requirements within a two-month extendable time period. As noted above, applicants should request participation in the Extended Missing Parts Pilot Program by using Form PTO/AIA/421. For utility patent applications, the applicant may file the application and the certification and request electronically using the USPTO electronic filing system, EFS-Web, and selecting the document description of ``Certification and Request for Missing Parts Pilot'' for the certification and request on the EFS-Web screen. Form PTO/AIA/421 is available on the USPTO Web site at http://www.uspto.gov/sites/default/files/forms/aia0421.pdf. Information regarding EFS-Web is available on the USPTO Web site at http://www.uspto.gov/patents-application-process/applying-online/about-efs-web. The utility application including the certification and request to participate in the pilot program may also be hand-carried to the USPTO or filed by mail, for example, by Priority Mail Express[supreg] in accordance with 37 CFR 1.10. However, applicants are advised that, effective November 15, 2011, as provided in the Leahy-Smith America Invents Act, a new additional fee of $400.00 for a non-small entity ($200.00 for a small entity) is due for any nonprovisional utility patent application that is not filed by EFS-Web. See Public Law 112-29, 10(h), 125 Stat. 283, 319 (2011). This non-electronic filing fee is due on filing of the utility application or within the two-month (extendable) time period to reply to the Notice to File Missing Parts of Nonprovisional Application. Applicants will not be given the 12- month time period to pay the non-electronic filing fee. Therefore, utility applicants are strongly encouraged to file their utility applications via EFS-Web to avoid this additional fee. For plant patent applications, the applicant must file the application including the certification and request to participate in the pilot program by mail or hand-carried to the USPTO since plant patent applications cannot be filed electronically using EFS-Web. See Legal Framework for Electronic Filing System--Web (EFS-Web), 74 FR 55200 (Oct. 27, 2009), 1348 Off. Gaz. Pat. Office 394 (Nov. 24, 2009). II. Processing of Requests: If the applicant satisfies the requirements (discussed above) on filing of the nonprovisional application and the application is in condition for publication, the USPTO will send the applicant a Notice to File Missing Parts [[Page 93671]] of Nonprovisional Application that sets a 12-month (non-extendable) time period to submit the search fee, the examination fee, any excess claims fees (under 37 CFR 1.16(h)-(j)), and the surcharge under 37 CFR 1.16(f) (for the late submission of the search fee and examination fee). The 12-month time period will run from the mailing date, or notification date for e-Office Action participants, of the Notice to File Missing Parts. For information on the e-Office Action program, see Electronic Office Action, 1343 Off. Gaz. Pat. Office 45 (June 2, 2009), and http://www.uspto.gov/patents-application-process/checking-application-status/e-office-action-program. After an applicant files a timely reply to the Notice to File Missing Parts within the 12-month time period and the nonprovisional application is completed, the nonprovisional application will be placed in the examination queue based on the actual filing date of the nonprovisional application. For a detailed discussion regarding treatment of applications that are not in condition for publication, processing of improper requests to participate in the program, and treatment of authorizations to charge fees, see Pilot Program for Extended Time Period To Reply to a Notice to File Missing Parts of Nonprovisional Application, 75 FR 76401, 76403-04 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Office 44, 47-49 (Jan. 4, 2011). III. Important Reminders: Applicants are reminded that the disclosure of an invention in a provisional application should be as complete as possible because the claimed subject matter in the later- filed nonprovisional application must have support in the provisional application in order for the applicant to obtain the benefit of the filing date of the provisional application. Furthermore, the nonprovisional application as originally filed must have a complete disclosure that complies with 35 U.S.C. 112(a) and is sufficient to support the claims submitted on filing and any claims submitted later during prosecution. New matter cannot be added to an application after the filing date of the application. See 35 U.S.C. 132(a). In the rulemaking to implement the PLT and title II of the PLTIA, the USPTO provided that, in order to be accorded a filing date, a nonprovisional application (other than an application for a design patent) must include a specification with or without claims. See Changes To Implement the Patent Law Treaty, 78 FR 62367, 62369 (Oct. 21, 2013) (final rule). This change was effective on December 18, 2013, and applies to any application filed under 35 U.S.C. 111 on or after December 18, 2013. Although a claim is not required in a nonprovisional application (other than an application for a design patent) for filing date purposes and the applicant may file an amendment adding additional claims as prescribed by 35 U.S.C. 112 and drawings as prescribed by 35 U.S.C. 113 later during prosecution, the applicant should consider the benefits of submitting a complete set of claims and any necessary drawings on filing of the nonprovisional application. This would reduce the likelihood that any claims and/or drawings added later during prosecution might be found to contain new matter. Also, if a patent is granted and the patentee is successful in litigation against an infringer, provisional rights to a reasonable royalty under 35 U.S.C. 154(d) may be available only if the claims that are published in the patent application publication are substantially identical to the patented claims that are infringed, assuming timely actual notice is provided. Thus, the importance of the claims that are included in the patent application publication should not be overlooked. Applicants are also advised that the extended missing parts period does not affect the 12-month priority period provided by the Paris Convention for the Protection of Industrial Property (Paris Convention). Accordingly, any foreign filings must, in most cases, still be made within 12 months of the filing date of the provisional application if the applicant wishes to rely on the provisional application in the foreign-filed application or if protection is desired in a country requiring filing within 12 months of the earliest application for which rights are left outstanding in order to be entitled to priority. For additional reminders, see Pilot Program for Extended Time Period To Reply to a Notice to File Missing Parts of Nonprovisional Application, 75 FR 76401, 76405 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Office 44, 50 (Jan. 4, 2011). Dated: December 15, 2016. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2016-30733 Filed 12-20-16; 8:45 am] BILLING CODE 3510-16-P
![Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices 93669
interpretation or other ancillary aids, are can request a 12-month time period to examination procedures in certain
asked to notify Mr. Reed at (202) 482– pay the search fee, the examination fee, nonprovisional applications by
5955 or dreed@ntia.doc.gov at least ten any excess claim fees, and the surcharge implementing a pilot program (i.e.,
(10) business days before the meeting. (for the late submission of the search fee Extended Missing Parts Pilot Program).
Status: Interested parties are invited and the examination fee) in a See Pilot Program for Extended Time
to attend and to submit written nonprovisional application. The Period To Reply to a Notice to File
comments to the Committee at any time Extended Missing Parts Pilot Program Missing Parts of Nonprovisional
before or after the meeting. Parties benefits applicants by permitting Application, 75 FR 76401 (Dec. 8, 2010),
wishing to submit written comments for additional time to determine if patent 1362 Off. Gaz. Pat. Office 44 (Jan. 4,
consideration by the Committee in protection should be sought—at a 2011). Over the course of the pilot
advance of a meeting may send them via relatively low cost—and by permitting program, the USPTO provided
postal mail to Commerce Spectrum applicants to focus efforts on extensions of the Extended Missing
Management Advisory Committee, commercialization during this period. Parts Pilot Program through notices
National Telecommunications and The Extended Missing Parts Pilot published in the Federal Register. The
Information Administration, 1401 Program benefits the USPTO and the most recent notice extended the
Constitution Avenue NW., Room 4600, public by adding publications to the program until December 31, 2016, to
Washington, DC 20230. It would be body of prior art, and by removing from allow the USPTO time to seek public
helpful if paper submissions also the USPTO’s workload those comment on whether the Extended
include a compact disc (CD) that nonprovisional applications for which Missing Parts Pilot Program offers
contains the comments in Microsoft applicants later decide not to pursue sufficient benefits to the patent
Word and/or PDF file formats. CDs examination. While the USPTO has not community for it to be made permanent.
should be labeled with the name and yet completed its evaluation of the See Extension of Extended Missing Parts
organizational affiliation of the filer. program, the number of participants in Pilot Program, 80 FR 80325 (Dec. 24,
Alternatively, comments may be the program over the past several years 2015), 1422 Off. Gaz. Pat. Office 192
submitted via electronic mail to dreed@ indicates that there may be sufficient (Jan. 19, 2016).
ntia.doc.gov and should also be in one benefits to the patent community. Thus, On September 6, 2016, the USPTO
or both of the file formats specified the USPTO is extending the Extended sought public comment on whether the
above. Comments must be received five Missing Parts Pilot Program until Extended Missing Parts Pilot Program
(5) business days before the scheduled January 2, 2018, to allow the USPTO to offers sufficient benefits to the patent
meeting date in order to provide continue its evaluation of the pilot community for it to be made permanent
sufficient time for review. Comments program. The requirements of the or whether the USPTO should permit
received after this date will be program have not changed. the pilot program to expire. See Request
distributed to the Committee, but may DATES: Duration: The Extended Missing for Comments on the Extended Missing
not be reviewed prior to the meeting. Parts Pilot Program will run through Parts Pilot Program, 81 FR 61195 (Sept.
Records: NTIA maintains records of January 2, 2018. Therefore, any 6, 2016), 1430 Off. Gaz. Pat. Office 269
all Committee proceedings. Committee certification and request to participate (Sept. 27, 2016). The USPTO received a
records are available for public in the Extended Missing Parts Pilot total of two comments, and both
inspection at NTIA’s Washington, DC Program must be filed on or before comments appear to support the pilot
office at the address above. Documents January 2, 2018. The USPTO may program. The two comments are
including the Committee’s charter, further extend the pilot program (with available via the USPTO’s Internet Web
member list, agendas, minutes, and or without modifications) depending on site at https://www.uspto.gov/patent/
reports are available on NTIA’s Web site the feedback received and the continued laws-and-regulations/comments-public/
at http://www.ntia.doc.gov/category/ effectiveness of the pilot program. comments-extended-missing-parts-pilot-
csmac. program. While the USPTO has not yet
FOR FURTHER INFORMATION CONTACT:
Dated: December 15, 2016. completed its evaluation of the pilot
Eugenia A. Jones, Senior Legal Advisor,
program, the increase in the number of
Kathy D. Smith, Office of Patent Legal Administration,
participants in the program over the
Chief Counsel, National Telecommunications Office of the Deputy Commissioner for
past five years indicates that there may
and Information Administration. Patent Examination Policy, by telephone
be sufficient benefits to the patent
[FR Doc. 2016–30679 Filed 12–20–16; 8:45 am] at (571) 272–7727, or Erin M. Harriman,
community. Thus, the USPTO is
BILLING CODE 3510–60–P Legal Advisor, Office of Patent Legal
extending the Extended Missing Parts
Administration, Office of the Deputy
Pilot Program until January 2, 2018, to
Commissioner for Patent Examination
allow the USPTO to continue its
DEPARTMENT OF COMMERCE Policy, by telephone at (571) 272–7747. evaluation of the pilot program.
Inquiries regarding this notice may be The requirements of the program,
Patent and Trademark Office directed to the Office of Patent Legal which have not been modified, are
[Docket No.: PTO–P–2016–0055] Administration, by telephone at (571) reiterated below. Applicants are
272–7701, or by electronic mail at strongly advised to review the pilot
Extension of the Extended Missing PatentPractice@uspto.gov. program requirements before making a
Parts Pilot Program Alternatively, mail may be addressed to: request to participate in the Extended
Mail Stop Comments—Patents, Missing Parts Pilot Program. See Pilot
asabaliauskas on DSK3SPTVN1PROD with NOTICES
AGENCY: United States Patent and Commissioner for Patents, P.O. Box
Trademark Office, Commerce. Program for Extended Time Period To
1450, Alexandria, VA 22313–1450, Reply to a Notice To File Missing Parts
ACTION: Notice. marked to the attention of Eugenia A. of Nonprovisional Application, 75 FR
SUMMARY: The United States Patent and Jones. 76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat.
Trademark Office (USPTO) SUPPLEMENTARY INFORMATION: On Office 44 (Jan. 4, 2011).
implemented a pilot program (Extended December 8, 2010, after considering The USPTO cautions all applicants
Missing Parts Pilot Program) in which written comments from the public, the that, in order to claim the benefit of a
an applicant, under certain conditions, USPTO changed the missing parts prior provisional application, the statute
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![Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices 93671
of Nonprovisional Application that sets was effective on December 18, 2013, and DEPARTMENT OF EDUCATION
a 12-month (non-extendable) time applies to any application filed under
period to submit the search fee, the 35 U.S.C. 111 on or after December 18, Applications for New Awards;
examination fee, any excess claims fees 2013. Although a claim is not required Supporting Effective Educator
(under 37 CFR 1.16(h)–(j)), and the in a nonprovisional application (other Development Grant Program
surcharge under 37 CFR 1.16(f) (for the than an application for a design patent) AGENCY: Office of Innovation and
late submission of the search fee and for filing date purposes and the Improvement, Department of Education.
examination fee). The 12-month time applicant may file an amendment
period will run from the mailing date, ACTION: Notice.
adding additional claims as prescribed
or notification date for e-Office Action Overview Information:
by 35 U.S.C. 112 and drawings as
participants, of the Notice to File
prescribed by 35 U.S.C. 113 later during Supporting Effective Educator
Missing Parts. For information on the e-
Office Action program, see Electronic prosecution, the applicant should Development (SEED) Grant Program
Office Action, 1343 Off. Gaz. Pat. Office consider the benefits of submitting a Notice inviting applications for new
45 (June 2, 2009), and http:// complete set of claims and any awards for fiscal year (FY) 2016.
www.uspto.gov/patents-application- necessary drawings on filing of the Catalog of Federal Domestic Assistance
process/checking-application-status/e- nonprovisional application. This would (CFDA) Number: 84.367D
office-action-program. After an reduce the likelihood that any claims Dates:
applicant files a timely reply to the and/or drawings added later during Applications Available: December 21,
Notice to File Missing Parts within the prosecution might be found to contain 2016.
12-month time period and the new matter. Also, if a patent is granted Deadline for Notice of Intent to Apply:
nonprovisional application is and the patentee is successful in January 20, 2017.
completed, the nonprovisional litigation against an infringer, Date of Informational Webinar: The
application will be placed in the provisional rights to a reasonable SEED program intends to hold a
examination queue based on the actual royalty under 35 U.S.C. 154(d) may be Webinar designed to provide technical
filing date of the nonprovisional available only if the claims that are assistance to interested applicants.
application. published in the patent application Detailed information regarding this
For a detailed discussion regarding publication are substantially identical to Webinar will be provided on the SEED
treatment of applications that are not in the patented claims that are infringed, Web site at http://innovation.ed.gov/
condition for publication, processing of what-we-do/teacher-quality/supporting-
assuming timely actual notice is
improper requests to participate in the effective-educator-development-grant-
program, and treatment of provided. Thus, the importance of the
claims that are included in the patent program/.
authorizations to charge fees, see Pilot Deadline for Transmittal of
Program for Extended Time Period To application publication should not be
overlooked. Applications: March 7, 2017.
Reply to a Notice to File Missing Parts Deadline for Intergovernmental
of Nonprovisional Application, 75 FR Applicants are also advised that the Review: April 20, 2017.
76401, 76403–04 (Dec. 8, 2010), 1362 extended missing parts period does not
Off. Gaz. Pat. Office 44, 47–49 (Jan. 4, affect the 12-month priority period Full Text of Announcement
2011). provided by the Paris Convention for I. Funding Opportunity Description
III. Important Reminders: Applicants the Protection of Industrial Property
are reminded that the disclosure of an Purpose of Program: The SEED
(Paris Convention). Accordingly, any program provides funding for grants to
invention in a provisional application foreign filings must, in most cases, still
should be as complete as possible National Not-for-Profit Organizations for
be made within 12 months of the filing projects that support teacher or
because the claimed subject matter in
date of the provisional application if the principal training or professional
the later-filed nonprovisional
application must have support in the applicant wishes to rely on the enhancement activities and that are
provisional application in order for the provisional application in the foreign- supported by at least Moderate Evidence
applicant to obtain the benefit of the filed application or if protection is of Effectiveness. The purpose of the
filing date of the provisional desired in a country requiring filing program is to increase the number of
application. within 12 months of the earliest Highly Effective Teachers and
Furthermore, the nonprovisional application for which rights are left Principals by developing or expanding
application as originally filed must have outstanding in order to be entitled to the implementation of practices that are
a complete disclosure that complies priority. demonstrated to have an impact on
with 35 U.S.C. 112(a) and is sufficient For additional reminders, see Pilot improving Student Achievement or
to support the claims submitted on Program for Extended Time Period To Student Growth. These grants will allow
filing and any claims submitted later Reply to a Notice to File Missing Parts eligible entities to develop, expand, and
during prosecution. New matter cannot evaluate practices that can serve as
of Nonprovisional Application, 75 FR
be added to an application after the models that can be sustained and
76401, 76405 (Dec. 8, 2010), 1362 Off.
filing date of the application. See 35 disseminated.
U.S.C. 132(a). In the rulemaking to Gaz. Pat. Office 44, 50 (Jan. 4, 2011). Please note that on December 10,
implement the PLT and title II of the Dated: December 15, 2016. 2015, President Obama signed into law
asabaliauskas on DSK3SPTVN1PROD with NOTICES
PLTIA, the USPTO provided that, in Michelle K. Lee, the Every Student Succeeds Act (ESSA),
order to be accorded a filing date, a Under Secretary of Commerce for Intellectual which reauthorized the Elementary and
nonprovisional application (other than Property and Director of the United States Secondary Education Act of 1965
an application for a design patent) must Patent and Trademark Office. (ESEA). ESSA provided specific
include a specification with or without [FR Doc. 2016–30733 Filed 12–20–16; 8:45 am] statutory authority for the SEED
claims. See Changes To Implement the program, under section 2242, for grant
BILLING CODE 3510–16–P
Patent Law Treaty, 78 FR 62367, 62369 competitions beginning with funds
(Oct. 21, 2013) (final rule). This change appropriated for FY 2017. Accordingly,
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Document Created: 2018-02-14 09:11:35
Document Modified: 2018-02-14 09:11:35
| 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 | Duration: The Extended Missing Parts Pilot Program will run through January 2, 2018. Therefore, any certification and request to participate in the Extended Missing Parts Pilot Program must be filed on or before January 2, 2018. The USPTO may further extend the pilot program (with or without modifications) depending on the feedback received and the continued effectiveness of the pilot program. | |
| Contact | Eugenia A. Jones, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272- 7727, or Erin M. Harriman, Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272-7747. | |
| FR Citation | 81 FR 93669 |
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