83 FR 1243 - Extension of the Extended Missing Parts Pilot Program
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office Federal Register Volume 83, Issue 7 (January 10, 2018)
United States Patent and Trademark Office
Federal Register Volume 83, Issue 7 (January 10, 2018)
| Page Range | 1243-1245 | |
| FR Document | 2018-00270 |
[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)] [Notices] [Pages 1243-1245] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00270] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No.: PTO-P-2017-0052] 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 providing 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. The USPTO is extending the Extended Missing Parts Pilot Program until January 2, 2019, 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, 2019. Therefore, any certification and request to participate in the Extended Missing Parts Pilot Program must be filed on or before January 2, 2019. In addition, any certification and request to participate in the Extended Missing Parts Pilot Program filed between January 2, 2018, and the publication date of this notice will be considered timely. The USPTO intends to make a decision before January 2, 2019, 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 program to expire. 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, Senior 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 January 2, 2018. See Extension of Extended Missing Parts Pilot Program, 81 FR 93669 (Dec. 21, 2016), 1434 Off. Gaz. Pat. Office 187 (Jan. 17, 2017). 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 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. 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, [[Page 1244]] 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 (as prescribed by 35 U.S.C. 112) 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 use Form PTO/AIA/421 to request participation in the Extended Missing Parts Pilot Program. 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 website at http://www.uspto.gov/sites/default/files/forms/aia0421.pdf. Information regarding EFS-Web is available on the USPTO website 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-carry 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 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 [[Page 1245]] 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, in most cases, any foreign filings must 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: January 5, 2018. Joseph D. Matal, Associate Solicitor, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2018-00270 Filed 1-9-18; 8:45 am] BILLING CODE 3510-16-P
![Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices 1243
(b) The accuracy of the agency’s in the Extended Missing Parts Pilot Program for Extended Time Period To
estimate of the burden (including hours Program must be filed on or before Reply to a Notice to File Missing Parts
and cost) of the proposed collection of January 2, 2019. In addition, any of Nonprovisional Application, 75 FR
information; certification and request to participate 76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat.
(c) Ways to enhance the quality, in the Extended Missing Parts Pilot Office 44 (Jan. 4, 2011). The USPTO
utility, and clarity of the information to Program filed between January 2, 2018, cautions all applicants that, in order to
be collected; and and the publication date of this notice claim the benefit of a prior provisional
(d) Ways to minimize the burden of will be considered timely. The USPTO application, the statute requires a
the collection of information on intends to make a decision before nonprovisional application filed under
respondents, e.g., the use of automated January 2, 2019, on whether the 35 U.S.C. 111(a) to be filed within 12
collection techniques or other forms of Extended Missing Parts Pilot Program months after the date on which the
information technology. offers sufficient benefits to the patent corresponding provisional application
community for it to be made permanent was filed. See 35 U.S.C. 119(e). It is
Marcie Lovett,
or whether the USPTO should permit essential that applicants understand that
Records and Information Governance the program to expire. the Extended Missing Parts Pilot
Division Director, OCTO, United States Patent
and Trademark Office. FOR FURTHER INFORMATION CONTACT: Program cannot and does not change
Eugenia A. Jones, Senior Legal Advisor, this statutory requirement. Title II of the
[FR Doc. 2018–00265 Filed 1–9–18; 8:45 am]
Office of Patent Legal Administration, Patent Law Treaties Implementation Act
BILLING CODE 3510–16–P
Office of the Deputy Commissioner for of 2012 (PLTIA) amended the provisions
Patent Examination Policy, by telephone of title 35, United States Code,
DEPARTMENT OF COMMERCE at (571) 272–7727, or Erin M. Harriman, including 35 U.S.C. 119(e), to
Senior Legal Advisor, Office of Patent implement the Patent Law Treaty (PLT).
United States Patent and Trademark Legal Administration, Office of the See Public Law 112–211, §§ 20–203, 126
Office Deputy Commissioner for Patent Stat. 1527, 1533–37 (2012). In the
Examination Policy, by telephone at rulemaking to implement the PLT and
[Docket No.: PTO–P–2017–0052] (571) 272–7747. title II of the PLTIA, the USPTO
Inquiries regarding this notice may be provided that an applicant may file a
Extension of the Extended Missing
directed to the Office of Patent Legal petition under 37 CFR 1.78(b) to restore
Parts Pilot Program
Administration, by telephone at (571) the benefit of a provisional application
AGENCY: United States Patent and 272–7701, or by electronic mail at filed up to fourteen months earlier. See
Trademark Office, Commerce. PatentPractice@uspto.gov. Changes To Implement the Patent Law
ACTION: Notice. Alternatively, mail may be addressed to: Treaty, 78 FR 62367, 62368–69 (Oct. 21,
Mail Stop Comments—Patents, 2013) (final rule). Any petition to restore
SUMMARY: The United States Patent and Commissioner for Patents, P.O. Box the benefit of a provisional application
Trademark Office (USPTO) 1450, Alexandria, VA 22313–1450, must include the benefit claim, the
implemented a pilot program (Extended marked to the attention of Eugenia A. petition fee, and a statement that the
Missing Parts Pilot Program) in which Jones. delay in filing the subsequent
an applicant, under certain conditions, SUPPLEMENTARY INFORMATION: On application was unintentional. This
can request a 12-month time period to December 8, 2010, after considering change was effective on December 18,
pay the search fee, the examination fee, written comments from the public, the 2013, and applies to any application
any excess claim fees, and the surcharge USPTO changed the missing parts filed before, on, or after December 18,
(for the late submission of the search fee examination procedures in certain 2013. However, if a nonprovisional
and the examination fee) in a nonprovisional applications by application is filed outside the 12-
nonprovisional application. The implementing a pilot program (i.e., month period from the date on which
Extended Missing Parts Pilot Program Extended Missing Parts Pilot Program). the corresponding provisional
benefits applicants by providing See Pilot Program for Extended Time application was filed, the
additional time to determine if patent Period To Reply to a Notice to File nonprovisional application is not
protection should be sought—at a Missing Parts of Nonprovisional eligible for participation in the
relatively low cost—and by permitting Application, 75 FR 76401 (Dec. 8, 2010), Extended Missing Parts Pilot Program,
applicants to focus efforts on 1362 Off. Gaz. Pat. Office 44 (Jan. 4, even though the applicant may be able
commercialization during this period. 2011). Over the course of the pilot to restore the benefit of the provisional
The Extended Missing Parts Pilot program, the USPTO provided application by submitting a petition
Program benefits the USPTO and the extensions of the Extended Missing under 37 CFR 1.78(b).
public by adding publications to the Parts Pilot Program through notices I. Requirements: In order for an
body of prior art, and by removing from published in the Federal Register. The applicant to be provided a 12-month
the USPTO’s workload those most recent notice extended the (non-extendable) time period to pay the
nonprovisional applications for which program until January 2, 2018. See search and examination fees and any
applicants later decide not to pursue Extension of Extended Missing Parts required excess claims fees in response
examination. The USPTO is extending Pilot Program, 81 FR 93669 (Dec. 21, to a Notice to File Missing Parts of
the Extended Missing Parts Pilot 2016), 1434 Off. Gaz. Pat. Office 187 Nonprovisional Application under the
Program until January 2, 2019, to allow (Jan. 17, 2017). Extended Missing Parts Pilot Program,
daltland on DSKBBV9HB2PROD with NOTICES
the USPTO to continue its evaluation of The requirements of the program, the applicant must satisfy the following
the pilot program. The requirements of which have not been modified, are conditions: (1) The applicant must
the program have not changed. reiterated below. Applicants are submit a certification and request to
DATES: Duration: The Extended Missing strongly advised to review the pilot participate in the Extended Missing
Parts Pilot Program will run through program requirements before making a Parts Pilot Program with the
January 2, 2019. Therefore, any request to participate in the Extended nonprovisional application on filing,
certification and request to participate Missing Parts Pilot Program. See Pilot preferably by using Form PTO/AIA/421,
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![Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices 1245
implement the PLT and title II of the Dated: January 5, 2018. the FQA to submit an application to the
PLTIA, the USPTO provided that, in Joseph D. Matal, USPTO for recordal of the insignia on
order to be accorded a filing date, a Associate Solicitor, performing the functions the Fastener Insignia Register.
nonprovisional application (other than and duties of the Under Secretary of The procedures for the recordal of
an application for a design patent) must Commerce for Intellectual Property and fastener insignia under the FQA are set
Director of the United States Patent and
include a specification with or without forth in 15 CFR 280.300 et seq. The
Trademark Office.
claims. See Changes To Implement the purpose of requiring both the insignia
[FR Doc. 2018–00270 Filed 1–9–18; 8:45 am]
Patent Law Treaty, 78 FR 62367, 62369 and the recordation is to ensure that
BILLING CODE 3510–16–P
(Oct. 21, 2013) (final rule). This change certain fasteners can be traced to their
was effective on December 18, 2013, and manufacturers and to protect against the
applies to any application filed under sale of mismarked, misrepresented, or
DEPARTMENT OF COMMERCE
35 U.S.C. 111 on or after December 18, counterfeit fasteners.
2013. Although a claim is not required United States Patent and Trademark The insignia may be sourced from an
in a nonprovisional application (other Office existing trademark registered at USPTO,
than an application for a design patent) from a trademark that is proposed in an
for filing date purposes and the Fastener Quality Act Insignia Recordal application to obtain a registration
applicant may file an amendment Process currently before the USPTO, or from a
adding additional claims (as prescribed unique alphanumeric designation
ACTION: Proposed extension of an issued upon request from the USPTO.
by 35 U.S.C. 112) and drawings (as existing information collection;
prescribed by 35 U.S.C. 113) later After a manufacturer submits a
comment request. complete application for recordal, the
during prosecution, the applicant
should consider the benefits of SUMMARY: The United States Patent and USPTO issues a Certificate of Recordal.
submitting a complete set of claims and Trademark Office (USPTO), as required These certificates remain active for five
by the Paperwork Reduction Act of years. Applications to renew the
any necessary drawings on filing of the
1995, invites comments on a proposed certificates must be filed within six
nonprovisional application. This would
extension of an existing information months of the expiration date or, upon
reduce the likelihood that any claims
collection: 0651–0028 (Fastener Quality payment of an additional surcharge,
and/or drawings added later during within six months following the
prosecution might be found to contain Act Insignia Recordal Act).
expiration date.
new matter. Also, if a patent is granted DATES: Written comments must be
submitted on or before March 12, 2018. If a recorded alphanumeric
and the patentee is successful in
ADDRESSES: You may submit comments
designation is assigned by the
litigation against an infringer,
by any of the following methods: manufacturer to a new owner, the
provisional rights to a reasonable
• Email: InformationCollection@ designation becomes ‘‘inactive’’ and the
royalty under 35 U.S.C. 154(d) may be new owner must submit an application
available only if the claims that are upsto.gov. Include ‘‘0651–0028
comment’’ in the subject line of the to reactivate the designation within six
published in the patent application months of the date of assignment. If the
publication are substantially identical to message.
• Federal Rulemaking Portal: http:// recordal is based on a trademark
the patented claims that are infringed, application or registration and the
www.regulations.gov.
assuming timely actual notice is registration is assigned to a new owner,
• Mail: Marcie Lovett, Records and
provided. Thus, the importance of the the recordal becomes ‘‘inactive’’ and
Information Governance Division
claims that are included in the patent Director, Office of the Chief Technology cannot be reassigned. Instead, the new
application publication should not be Officer, United States Patent and owner of the trademark application or
overlooked. Trademark Office, P.O. Box 1450, registration must apply for a new
Applicants are also advised that the Alexandria, VA 22313–1450. recordal. Manufacturers who record
extended missing parts period does not FOR FURTHER INFORMATION CONTACT:
insignia must notify the USPTO of any
affect the 12-month priority period Requests for additional information changes of address.
provided by the Paris Convention for should be directed to Catherine Cain, This information collection includes
the Protection of Industrial Property Attorney Advisor, Office of the one form, the Application for Recordal
(Paris Convention). Accordingly, in Commissioner for Trademarks, United of Insignia or Renewal/Reactivation of
most cases, any foreign filings must still States Patent and Trademark Office, Recordal Under the Fastener Quality
be made within 12 months of the filing P.O. Box 1450, Alexandria, VA 22313– Act (PTO–1611), which provides
date of the provisional application if the 1450; by telephone at 571–272–8946; or manufacturers with a convenient way to
applicant wishes to rely on the by email to Catherine.Cain@uspto.gov submit a request for the recordal of a
provisional application in the foreign- with ‘‘0651–0028 comment’’ in the fastener insignia or to renew or
subject line. Additional information reactivate an existing Certificate of
filed application or if protection is
about this collection is also available at Renewal.
desired in a country requiring filing
within 12 months of the earliest http://www.reginfor.gov under The public uses this information
application for which rights are left ‘‘Information Collection Review.’’ collection to comply with the insignia
outstanding in order to be entitled to SUPPLEMENTARY INFORMATION: recordal provisions of the FQA. The
priority. USPTO uses the information in this
daltland on DSKBBV9HB2PROD with NOTICES
I. Abstract collection to record or renew insignias
For additional reminders, see Pilot Under Section 5 of the Fastener under the FQA and to maintain the
Program for Extended Time Period To Quality Act (FQA) of 1999, 15 U.S.C. Fastener Insignia Register, which is
Reply to a Notice to File Missing Parts 5401 et seq., certain industrial fasteners open for public inspection and is
of Nonprovisional Application, 75 FR must bear an insignia identifying the updated quarterly. The public may
76401, 76405 (Dec. 8, 2010), 1362 Off. manufacturer. It is also mandatory for download the Fastener Insignia Register
Gaz. Pat. Office 44, 50 (Jan. 4, 2011). manufacturers of fasteners covered by from the USPTO website.
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Document Created: 2018-10-26 09:33:44
Document Modified: 2018-10-26 09:33:44
| 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, 2019. Therefore, any certification and request to participate in the Extended Missing Parts Pilot Program must be filed on or before January 2, 2019. In addition, any certification and request to participate in the Extended Missing Parts Pilot Program filed between January 2, 2018, and the publication date of this notice will be considered timely. The USPTO intends to make a decision before January 2, 2019, 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 program to expire. | |
| 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, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272-7747. | |
| FR Citation | 83 FR 1243 |
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