United States Patent and Trademark Office OG Notices: 27 January 2004
Copies of File Contents Available on Compact Disc Partial Waiver of 37 CFR 1.19(b) The USPTO has proposed changes to 37 CFR 1.19 to permit the sale of copies of patent applications-as-filed and patent file history on either paper or CD, regardless of whether the source material is paper or electronic. See Changes To Support Implementation of the United States Patent and Trademark Office 21st Century Strategic Plan, 68 Fed Reg. 53816 (Sept. 12, 2003), 1275 Off. Gaz. Pat. Office 23 (Oct. 7, 2003). The USPTO has received no comments opposing this proposed change to 37 CFR 1.19. Thus, until the proposed rule change is made final, the USPTO is partially waiving 37 CFR 1.19(b)(1), (b)(2) and (b)(3) to permit the sale of patent applications-as-filed or patent file histories on any media (e.g., paper or CD) irrespective of whether the source material is from CDs, IFW electronic storage or paper. WAIVER: 37 CFR 1.19(b)(1) and (b)(2) are waived to the extent that they require the source material of the patent application as filed or the patent-related file wrapper contents to be on paper. Removing this limitation permits the Office to supply copies from the USPTO files irrespective of whether the source material is paper, IFW or other media. 37 CFR 1.19 (b)(3) is waived to the extent that the source material must have been submitted on compact disc. With this waiver the Office may provide copies of application records on one or more compact disc(s) (CDs) regardless of the media on which those records were submitted to the Office. FOR FURTHER INFORMATION CONTACT: Questions concerning this waiver may be submitted to Jay Lucas by e-mail at Jay.Lucas@uspto.gov or by telephone at (703) 308-6868. December 18, 2003 STEPHEN G. KUNIN Deputy Commissioner for Patent Examination Policy