United States Patent and Trademark Office OG Notices: 30 March 2004
United States Patent and Trademark Office
37 CFR Subparts 1, 2, 10 and 11
[Docket No.: 2002-C-005]
RIN 0651-AB55
Changes to Representation of
Others Before the United States
Patent and Trademark Office
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of extension of comment period.
SUMMARY: The United States Patent and Trademark Office
(Office or USPTO) is extending the public comment period on proposed
rules 1.4(d)(2), 1.8(a)(2)(iii)(A), 1.21(a)(6) through (a)(9),
1.21(a)(11), 1.21(a)(12), 2.11, 2.17, 2.24, 2.33, 2.61, 11.2(b)(4)
through 11.2(b)(7), 11.3(b) and (c), 11.5(b), 11.8(d), 11.9(c) (last
two sentences), 11.9(d), 11.10(c) (second sentence), 11.10(d) (second
sentence), 11.10(e) (second sentence), 11.11(b) through (f), 11.12
through 11.62, and 11.100 through 11.900, as well as the definitions in
proposed rule 11.1 of terms that are used only in rules in Subparts B,
C and D, USPTO Rules of Professional Conduct, published in the Federal
Register on December 12, 2003. 68 FR 69442. This extension applies to
all portions of Subparts C and D of the proposed rules, and those
portions of Subparts A and B not relating to enrollment of new patent
practitioners. This extension will allow additional time following
publication on December 12, 2003, for public comment regarding the
Office's proposals for annual fees, mandatory continuing education, and
processes for handling investigations and disciplinary proceedings.
DATES: You must submit your comments by Friday, June
11, 2004. The Office may not necessarily consider or include in the
Administrative Record for the proposed rule comments that the Office
receives after the close of this extended comment period or comments
delivered to an address other than those listed below.
ADDRESSES: Comments should be sent by electronic mail
over the Internet addressed to: ethicsrules.comments@uspto.gov. Comments
may also be submitted by mail addressed to: Mail Stop OED-Ethics Rules,
United States Patent and Trademark Office, P.O. Box 1450, Alexandria,
Virginia 22313-1450 or by facsimile to (703) 306-4134, marked to the
attention of Harry I. Moatz. Although comments may be submitted by mail
or facsimile, the Office prefers to receive comments via the Internet.
If comments are submitted by mail, the Office would prefer that the
comments be submitted on a DOS formatted 3 1/2-inch disk accompanied by
a paper copy. The comments will be available for public inspection at
the Office of Enrollment and Discipline, located in Room 1103, Crystal
Plaza 6, 2221 South Clark Street, Arlington, Virginia, and will be
available through anonymous file transfer protocol (ftp) via the
Internet (address: http://www.uspto.gov). Since comments
will be made available for public inspection, information that is not
desired to be made public should not be included in the comments.
FOR FURTHER INFORMATION CONTACT: Harry I. Moatz
((703) 305-9145), Director of Enrollment and Discipline (OED Director),
directly by phone, or by facsimile to (703) 305-4136, marked to the
attention of Mr. Moatz, or by mail addressed to: Mail Stop OED-Ethics
Rules, U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria,
Virginia 22313-1450.
SUPPLEMENTARY INFORMATION: The USPTO published the
proposed rules on December 12, 2003 (68 FR 69442) and provided a 60-day
comment period that ended on February 10, 2004. An earlier notice
extended the time period to comment on the proposed rules with respect
to Subpart D by sixty days to April 12, 2004. 69 FR 4269 (Jan. 29,
2004). A number of parties have suggested that time be extended to
submit comments. More than two weeks have now passed since the original
period for comments. Responding to suggestions by some parties who have
submitted comments, we are expanding the scope of that extension of
time to encompass not only Subpart D, but also proposed rules
1.4(d)(2), 1.8(a)(2)(iii)(A), 1.21(a)(6) through (a)(9), 1.21(a)(11),
1.21(a)(12), 2.11, 2.17, 2.24, 2.33, 2.61, 11.2(b)(4) through
11.2(b)(7), 11.3(b) and (c), 11.5(b), 11.8(d), 11.9(c) (last two
sentences), 11.9(d), 11.10(c) (second sentence), 11.10(d) (second
sentence), 11.10(e) (second sentence), 11.11(b) through (f), 11.12
through 11.62, and 11.100 through 11.900, as well as certain
definitions in proposed rule 11.1 of terms that are used only in rules
in Subparts B, C and D. Inasmuch as a response to the requested
extension of time has been delayed, an additional 120 days will be
given to file comments. Comments will be received by the Office on the
specified proposals until June 11, 2004, to allow the public additional
time to provide us with comments. The extension provides a total of
nearly six months to submit comments on the specified proposed rules.
The proposed rules are a comprehensive effort by the Office to
address an annual fee, mandatory continuing education, and "improve
the Office's processes for handling applications for registration,
petitions, investigations, and disciplinary proceedings . . ." 68
Fed. Reg. at 69442. The Office requested comments on the proposed rules
and processes. In response, the Office received a reply by one set of
stakeholders that the time be extended to reply to the proposed rules
in Subpart D. The Office has now also received requests from
individuals, law firms, professional organizations, and others
requesting an extension of time to consider and respond to the proposed
rules. The requests indicate that they regard proposals in Subparts A,
B and C to be sufficiently related to the Rules of Professional Conduct
found in Subpart D such that additional time is needed to properly and
adequately address the proposal.
In response to those requests, we are extending the time for
response until June 11, 2004, with the exception of those rules
necessary for administration of the registration examination for patent
practitioners, including those definitions that are used in those
rules. Rules specific to the enrollment process are severable from the
remaining proposals. The Office has received extensive comments on them
and has decided to proceed to final rule making based upon those
comments in order not to delay the enrollment of individuals as newly
qualified registered patent practitioners. No parties should be
prejudiced by the additional time accorded for comment on the remaining
proposed rules.
The extended comment period provides the public an opportunity
to address proposed rules 1.4(d)(2), 1.8(a)(2)(iii)(A), 1.21(a)(6)
through (a)(9), 1.21(a)(11), 1.21(a)(12), 2.11, 2.17, 2.24, 2.33, 2.61,
11.2(b)(4) through 11.2(b)(7), 11.3(b) and (c), 11.5(b), 11.8(d),
11.9(c) (last two sentences), 11.9(d), 11.10(c) (second sentence),
11.10(d) (second sentence), 11.10(e) (second sentence), 11.11(b)
through (f), 11.12 through 11.62, and 11.100 through 11.900, as well as
the definition of terms in proposed rule 11.1 that are used only in
rules in Subparts B, C and D. Time is not being extended to comment
upon the provisions in proposed rules 1.1, 1.21(a)(1) through (a)(5),
1.21(a)(10), 1.31, 1.33(c), 1.455(a), 11.2(a) through 11.2(b)(3),
11.2(c) through 11.2(e), 11.3(a) and (d), 11.4 through 11.5(a), 11.6
through 11.8(c), 11.9(a) through 11.9(c) (first sentence), 11.10(a)
through 11.10(c) (first sentence), 11.10(d) (first sentence), 11.10(e)
(first and third sentences), and 11.11(a), as well as the definitions
in proposed rule 11.1 of terms used in those rules.
JON W. DUDAS
Acting Under Secretary of Commerce
for Intellectual Property and
Acting Director of the
United States Patent and Trademark Office