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| Patent Cooperation Treaty (PCT) Information |
Patent Cooperation Treaty (PCT) Information
For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1331 O.G. 54, on June 10, 2008.
European Patent Office as Searching and Examining Authority
The European Patent Office (EPO) may act as the International Searching
Authority (ISA) for an international application filed with the United
States Receiving Office or the International Bureau (IB) as Receiving
Office where at least one of the applicants is either a national or
resident of the United States of America. However, the EPO is no longer
a competent ISA, within the meaning of PCT Article 16(3), for
international applications filed by U.S. residents or nationals on or
after 01 March 2002 in the USPTO or IB as a Receiving Office, and where
the application contains one or more claims directed to the field of
business methods. For the definition of what the EPO considers to be
precluded subject matter in the field of business methods, applicants
should see the "Notice from the President of the European Patent
Office", dated 26 November 2001, and which was published as Annex A in
the "Notice Concerning EPO Competence to Act as PCT Authority" in
the Official Gazette at 1255 O.G. 878, on February 19, 2002.
The European Patent Office may act as the International
Preliminary Examining Authority (IPEA) for an international application
filed in the United States Receiving Office or the International Bureau
as Receiving Office where at least one of the applicants is either a
national or resident of the United States of America, provided that the
European Patent Office acted as the International Searching Authority.
However, the EPO is no longer a competent IPEA, within the meaning of
PCT Article 32(3), for international applications filed by U.S.
residents or nationals in the USPTO or IB as a Receiving Office where
the corresponding demand is filed with the EPO on or after 01 March
2002, and where the application contains one or more claims directed to
the fields of business methods.
The EPO resumed its competence as an International Searching
Authority and International Preliminary Examining Authority, effective
January 1, 2004, for international applications filed by nationals or
residents of the United States of America where the application
contains one or more claims relating to the field of biotechnology.
This change was announced in the Official Gazette at 1277 O.G. 230, on
December 30, 2003.
The EPO resumed its competence as an International Preliminary
Examining Authority, effective July 1, 2004, for demands filed by U.S.
residents or nationals on or after July 1, 2004, for international
applications filed by nationals or residents of the United States of
America where the application contains one or more claims relating to
the field of telecommunications. This change was announced in the
Official Gazette at 1277 O.G. 230, on December 30, 2003.
The search fee of the European Patent Office was increased,
effective August 1, 2008, and was announced in the Official Gazette
at 1331 O.G. 161, on June 24, 2008.
Korean Intellectual Property Office as Searching and Examining Authority
For use of the Korean Intellectual Property Office as an International
Searching Authority and International Preliminary Examining Authority for
international applications filed in the United States Receiving Office,
see the notice appearing in the Official Gazette at 1302 O.G. 1261 on
January 17, 2006.
The search fee of the Korean Intellectual Property Office was decreased,
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 55 |
effective October 15, 2008, and was announced in the Official Gazette at
1334 O.G. 295, on September 23, 2008.
Australian Patent Office as Searching and Examining Authority
The Australian Patent Office (IP Australia) may act as the International
Searching Authority (ISA) for an international application filed with the
United States Receiving Office or the International Bureau (IB) as
Receiving Office where at least one of the applicants is either a national
or resident of the United States of America. However, IP Australia is not a
competent ISA, within the meaning of PCT Artical 16(3), for international
applications filed by U.S. residents or nationals in the USPTO or IB as a
Receiving Office, and where the application contains one or more claims
directed to the field of business methods or mechanical inventions.
IP Australia may act as the International Preliminary Examining
Authority (IPEA) for an international application filed in the United
States Receiving Office or the International Bureau as Receiving Office
where at least one of the applicants is either a national or resident of
the United States of America, provided that IP Australia acted as the
International Searching Authority, However, IP Australia is not a competent
IPEA, within the meaning of PCT Article 32(3), for international
applications filed by U.S. residents or nationals in the USPTO or IB as a
Receiving Office where the corresponding demand is filed with IP Australia
and where the application contains one or more claims directed to the
fields of business methods or mechanical engineering or analogous fields of
technology as defined by specified areas of the International Patent
Classification System. See the notice appearing in the Official Gazette at
1336 O.G. 104 on November 18, 2008.
For use of IP Australia as an International Searching Authority and
International Preliminary Examining Authority for international
applications filed in the United States Receiving Office, see the notice
appearing in the Official Gazette at 1336 O.G. 104 on November 18, 2008.
The search fee of IP Australia was decreased, effective December 1,
2008, and was announced in the Official Gazette at 1337 O.G. 5, on December
2, 2008.
The search fee for the USPTO was increased, effective November 9, 2007,
and was announced in the Federal Register on September 10, 2007. The fee
for filing a request for the restoration of the right of priority was
established, effective November 9, 2007, and was announced in the Federal
Register on September 10, 2007.
International filing fees were increased, effective July 1, 2008, and
were announced in the Official Gazette at 1331 O.G. 57, on June 10, 2008.
The schedule of PCT fees (in U.S. dollars), as of December 1, 2008, is
as follows:
International Application (PCT Chapter I) fees:
Transmittal fee $300.00
Search fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- Search fee $1,800.00
- Supplemental search fee, per additional
invention (payable only upon invitation) $1,800.00
European Patent Office as ISA $2,665.00
Korean Intellectual Property Office as ISA $220.00
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 56 |
IP Australia as ISA $1,302.00
International fees
International filing fee $1,338.00
International filing fee-filed in paper
with PCT EASY zip file or
electronically without PCT EASY
zip file $1,237.00
International filing fee-filed
electronically with PCT EASY zip
files $1,137.00
Supplemental fee for each page over 30 $15.00
Sequence listing and/or sequence-related table on
electronic medium only $6,000.00
Restoration of Priority
Filing a request for the restoration of the
right of priority under § 1.452 $1,410.00
International Application (PCT Chapter II) fees associated
with filing a Demand for Preliminary Examination:
Handling fee $171.00
Handling fee-90% reduction, if applicants meet criteria
specified at:
http://www.wipo.int/pct/en/fees/fee_reduction.pdf $17.10
Preliminary Examination Fee
USPTO as International Preliminary
Examining Authority (IPEA)
- USPTO was ISA in PCT Chapter I $600.00
- USPTO was not ISA in PCT Chapter I $750.00
- Additional preliminary examination fee,
per additional invention
(payable only upon invitation) $600.00
U.S. National Stage fees (for international applications entering
the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's
Web site (www.uspto.gov).
October 31, 2008 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
| Patent Cooperation Treaty Update |
Patent Cooperation Treaty Update
The International Bureau of the World Intellectual Property Organization
has informed the United States Patent and Trademark Office, that due to
changes in the exchange rate of the U.S. dollar with regard to the Swiss
franc, the dollar amounts of certain fees for international applications
filed in the United States Receiving Office have been changed, effective
January 1, 2009.
The amount of these fees will be:
International fees
International filing fee $1,210.00
International filing fee-filed in paper
with PCT EASY zip file or
electronically without PCT EASY zip file $1,119.00
International filing fee-filed
electronically with PCT EASY zip file $1,028.00
Supplemental fee for each page over 30 $14.00
The International Bureau of the World Intellectual Property Organization
has also informed the United States Patent and Trademark Office that a
decreased dollar amount has been established for the search fee required by
the European Patent Office with effect from January 1, 2009. The dollar
amount of the search fee required by the European Patent Office when acting
as an International Searching Authority will be $2,410 beginning
January 1, 2009.
November 7, 2008 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
| Notice of Maintenance Fees Payable |
Notice of Maintenance Fees Payable
Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides
that maintenance fees may be paid without surcharge for the six-month
period beginning 3, 7, and 11 years after the date of issue of patents
based on applications filed on or after Dec. 12, 1980. An additional
six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e)
for payment of the maintenance fee with the surcharge set forth in 37 CFR
1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is
not paid in the patent requiring such payment the patent will expire on
the 4th, 8th, or 12th anniversary of the grant.
Attention is drawn to the patents that were issued on November 29, 2005
for which maintenance fees due at 3 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 6,968,572 through 6,971,121
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on November 27, 2001
for which maintenance fees due at 7 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 6,321,386 through 6,324,695
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on November 25, 1997
for which maintenance fees due at 11 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 5,689,826 through 5,692,233
Reissue Patents based on the above identified patents.
No maintenance fees are required for design or plant patents.
Payments of maintenance fees in patents may be submitted electronically
over the Internet at www.uspto.gov. Click on the "Site Index" link at the
top of the homepage (www.uspto.gov), and then scroll down and click on the
"Maintenance Fees" link for more information.
Payments of maintenance fees in patents not submitted electronically
over the Internet should be mailed to "United States Patent and Trademark
Office, P.O. Box 979070, St. Louis, MO 63197-9000".
Correspondence related to maintenance fees other than payments of
maintenance fees in patents is not to be mailed to P.O. Box 979070,
St. Louis, MO 63197-9000, but must be mailed to "Mail Stop M
Correspondence, Director of the U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450".
Patent owners must establish small entity status according to 37 CFR
1.27 if they have not done so and if they wish to pay the small entity
amount.
The current amounts of the maintenance fees due at 3 years and six
months, 7 years and six months, and 11 years and six months are set
forth in the most recently amended provisions in 37 CFR 1.20(e)-(g).
To obtain the current maintenance fee amounts, please call the USPTO
Contact Center at (800)-786-9199 or see the current USPTO fee schedule
posted on the USPTO Internet web site. At the top of the USPTO homepage
at www.uspto.gov, click on the "Site Index" link and then scroll down
and click on the "Fees, USPTO" link to find the current USPTO fee
schedule.
| Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee |
Notice of Expiration of Patents
Due to Failure to Pay Maintenance Fee
35 U.S.C. 41 and 37 CFR 1.362(g) provide that if the required
maintenance fee and any applicable surcharge are not paid in a patent
requiring such payment, the patent will expire at the end of the 4th, 8th
or 12th anniversary of the grant of the patent depending on the first
maintenance fee which was not paid.
According to the records of the Office, the patents listed below have
expired due to failure to pay the required maintenance fee and any
applicable surcharge.
PATENTS WHICH EXPIRED ON October 22, 2008
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
5,566,393 08/501,442 10/22/96
5,566,407 08/482,473 10/22/96
5,566,414 08/325,872 10/22/96
5,566,416 08/521,209 10/22/96
5,566,421 08/530,101 10/22/96
5,566,425 08/275,768 10/22/96
5,566,429 08/325,811 10/22/96
5,566,431 08/381,435 10/22/96
5,566,434 08/259,869 10/22/96
5,566,438 08/373,104 10/22/96
5,566,439 08/467,483 10/22/96
5,566,444 08/285,000 10/22/96
5,566,446 08/307,850 10/22/96
5,566,468 08/247,545 10/22/96
5,566,471 08/239,891 10/22/96
5,566,472 08/236,456 10/22/96
5,566,482 08/380,597 10/22/96
5,566,493 08/580,075 10/22/96
5,566,497 08/351,626 10/22/96
5,566,499 08/412,933 10/22/96
5,566,510 08/329,605 10/22/96
5,566,524 08/196,099 10/22/96
5,566,525 08/344,480 10/22/96
5,566,528 08/340,581 10/22/96
5,566,530 08/288,962 10/22/96
5,566,531 08/237,795 10/22/96
5,566,532 08/584,569 10/22/96
5,566,541 08/242,672 10/22/96
5,566,543 08/153,686 10/22/96
5,566,550 08/296,646 10/22/96
5,566,551 08/533,499 10/22/96
5,566,552 08/503,874 10/22/96
5,566,555 08/411,271 10/22/96
5,566,568 08/219,653 10/22/96
5,566,573 08/317,491 10/22/96
5,566,583 08/345,113 10/22/96
5,566,587 08/472,276 10/22/96
5,566,594 08/147,493 10/22/96
5,566,595 08/350,332 10/22/96
5,566,601 08/317,657 10/22/96
5,566,604 08/347,655 10/22/96
5,566,605 08/503,065 10/22/96
5,566,607 08/439,230 10/22/96
5,566,610 08/416,959 10/22/96
5,566,616 08/451,280 10/22/96
5,566,630 08/213,178 10/22/96
5,566,643 08/264,813 10/22/96
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 60 |
5,566,653 08/439,549 10/22/96
5,566,655 08/546,200 10/22/96
5,566,686 08/349,070 10/22/96
5,566,697 08/384,737 10/22/96
5,566,718 08/453,826 10/22/96
5,566,719 08/398,241 10/22/96
5,566,728 08/296,165 10/22/96
5,566,736 08/556,484 10/22/96
5,566,738 08/434,790 10/22/96
5,566,740 08/423,894 10/22/96
5,566,743 08/370,602 10/22/96
5,566,744 08/570,803 10/22/96
5,566,746 08/335,094 10/22/96
5,566,752 08/326,650 10/22/96
5,566,758 08/483,714 10/22/96
5,566,798 08/499,923 10/22/96
5,566,802 08/503,126 10/22/96
5,566,803 08/438,709 10/22/96
5,566,805 08/360,970 10/22/96
5,566,811 08/248,619 10/22/96
5,566,812 08/413,380 10/22/96
5,566,826 08/391,659 10/22/96
5,566,832 08/512,525 10/22/96
5,566,833 08/381,270 10/22/96
5,566,837 08/213,559 10/22/96
5,566,840 08/337,118 10/22/96
5,566,845 08/382,451 10/22/96
5,566,852 08/448,183 10/22/96
5,566,867 08/418,166 10/22/96
5,566,869 08/494,326 10/22/96
5,566,873 08/167,708 10/22/96
5,566,877 08/432,356 10/22/96
5,566,891 08/225,274 10/22/96
5,566,904 08/227,459 10/22/96
5,566,905 08/211,671 10/22/96
5,566,912 08/442,261 10/22/96
5,566,918 08/276,530 10/22/96
5,566,925 08/265,780 10/22/96
5,566,926 08/444,148 10/22/96
5,566,928 08/453,065 10/22/96
5,566,934 08/261,493 10/22/96
5,566,937 08/314,807 10/22/96
5,566,943 08/367,630 10/22/96
5,566,950 08/384,522 10/22/96
5,566,951 08/265,303 10/22/96
5,566,954 08/149,186 10/22/96
5,566,973 08/539,206 10/22/96
5,566,978 08/429,052 10/22/96
5,566,979 08/349,563 10/22/96
5,566,982 08/275,530 10/22/96
5,566,983 08/517,513 10/22/96
5,566,992 08/317,545 10/22/96
5,566,995 08/430,877 10/22/96
5,567,000 08/506,893 10/22/96
5,567,011 08/241,733 10/22/96
5,567,012 08/285,632 10/22/96
5,567,013 08/390,708 10/22/96
5,567,017 08/444,773 10/22/96
5,567,027 08/075,970 10/22/96
5,567,032 08/340,223 10/22/96
5,567,033 08/419,694 10/22/96
5,567,035 08/491,782 10/22/96
5,567,036 08/417,656 10/22/96
5,567,037 08/434,370 10/22/96
5,567,038 08/402,860 10/22/96
5,567,040 08/419,798 10/22/96
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 61 |
5,567,046 08/491,265 10/22/96
5,567,048 08/491,481 10/22/96
5,567,049 08/523,253 10/22/96
5,567,051 08/287,396 10/22/96
5,567,061 08/371,442 10/22/96
5,567,063 08/412,152 10/22/96
5,567,064 08/499,473 10/22/96
5,567,069 08/376,746 10/22/96
5,567,070 08/419,053 10/22/96
5,567,071 08/415,030 10/22/96
5,567,077 08/198,021 10/22/96
5,567,080 08/157,969 10/22/96
5,567,085 08/504,526 10/22/96
5,567,089 08/321,706 10/22/96
5,567,097 08/447,696 10/22/96
5,567,107 08/284,043 10/22/96
5,567,109 08/417,086 10/22/96
5,567,110 08/446,009 10/22/96
5,567,123 08/526,830 10/22/96
5,567,143 08/499,569 10/22/96
5,567,145 08/444,403 10/22/96
5,567,148 08/359,754 10/22/96
5,567,151 08/326,860 10/22/96
5,567,156 08/256,277 10/22/96
5,567,164 08/209,945 10/22/96
5,567,171 08/303,759 10/22/96
5,567,177 08/381,005 10/22/96
5,567,188 08/495,078 10/22/96
5,567,189 08/526,443 10/22/96
5,567,206 08/509,300 10/22/96
5,567,216 08/476,717 10/22/96
5,567,217 08/442,381 10/22/96
5,567,220 08/406,528 10/22/96
5,567,222 08/408,066 10/22/96
5,567,225 08/449,575 10/22/96
5,567,230 08/416,973 10/22/96
5,567,234 08/575,586 10/22/96
5,567,252 07/818,583 10/22/96
5,567,253 08/325,595 10/22/96
5,567,257 08/450,023 10/22/96
5,567,261 08/334,219 10/22/96
5,567,271 08/507,531 10/22/96
5,567,276 08/278,114 10/22/96
5,567,294 08/593,877 10/22/96
5,567,297 08/374,431 10/22/96
5,567,304 08/367,550 10/22/96
5,567,306 08/410,407 10/22/96
5,567,317 08/401,445 10/22/96
5,567,321 08/386,071 10/22/96
5,567,323 08/418,039 10/22/96
5,567,324 08/476,699 10/22/96
5,567,331 08/466,931 10/22/96
5,567,332 08/488,879 10/22/96
5,567,335 08/352,546 10/22/96
5,567,337 08/249,635 10/22/96
5,567,349 08/396,847 10/22/96
5,567,351 08/425,848 10/22/96
5,567,352 08/425,535 10/22/96
5,567,378 08/388,047 10/22/96
5,567,388 08/525,070 10/22/96
5,567,405 08/445,025 10/22/96
5,567,407 08/241,880 10/22/96
5,567,408 08/483,447 10/22/96
5,567,410 08/265,421 10/22/96
5,567,412 08/256,150 10/22/96
5,567,413 08/466,615 10/22/96
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 62 |
5,567,419 07/627,694 10/22/96
5,567,426 08/367,244 10/22/96
5,567,451 08/368,446 10/22/96
5,567,468 08/322,008 10/22/96
5,567,469 08/458,015 10/22/96
5,567,475 08/382,301 10/22/96
5,567,479 08/165,214 10/22/96
5,567,480 08/351,700 10/22/96
5,567,486 08/484,423 10/22/96
5,567,490 08/459,124 10/22/96
5,567,494 08/270,250 10/22/96
5,567,495 08/273,329 10/22/96
5,567,499 08/368,062 10/22/96
5,567,505 08/515,065 10/22/96
5,567,509 08/421,070 10/22/96
5,567,522 08/318,188 10/22/96
5,567,524 08/379,931 10/22/96
5,567,525 08/458,002 10/22/96
5,567,530 08/168,193 10/22/96
5,567,533 08/060,394 10/22/96
5,567,534 08/417,873 10/22/96
5,567,540 08/464,382 10/22/96
5,567,544 08/452,423 10/22/96
5,567,548 08/600,206 10/22/96
5,567,555 08/221,058 10/22/96
5,567,556 08/258,495 10/22/96
5,567,560 08/443,661 10/22/96
5,567,568 08/357,305 10/22/96
5,567,577 08/539,381 10/22/96
5,567,579 08/431,393 10/22/96
5,567,580 08/536,898 10/22/96
5,567,583 08/250,849 10/22/96
5,567,587 08/460,735 10/22/96
5,567,590 08/178,220 10/22/96
5,567,595 08/401,662 10/22/96
5,567,597 08/388,377 10/22/96
5,567,604 08/145,704 10/22/96
5,567,609 08/268,969 10/22/96
5,567,621 08/272,747 10/22/96
5,567,630 08/058,433 10/22/96
5,567,650 08/356,421 10/22/96
5,567,659 08/450,839 10/22/96
5,567,662 08/196,928 10/22/96
5,567,673 08/412,424 10/22/96
5,567,676 08/457,365 10/22/96
5,567,682 08/346,334 10/22/96
5,567,695 08/483,761 10/22/96
5,567,698 08/454,058 10/22/96
5,567,713 08/370,062 10/22/96
5,567,717 08/461,285 10/22/96
5,567,721 08/430,622 10/22/96
5,567,725 08/388,511 10/22/96
5,567,728 08/142,350 10/22/96
5,567,741 08/072,895 10/22/96
5,567,749 08/328,617 10/22/96
5,567,757 08/503,870 10/22/96
5,567,766 08/570,044 10/22/96
5,567,767 08/570,045 10/22/96
5,567,768 08/431,810 10/22/96
5,567,774 08/460,300 10/22/96
5,567,779 08/546,446 10/22/96
5,567,788 08/171,217 10/22/96
5,567,789 08/502,447 10/22/96
5,567,820 08/404,701 10/22/96
5,567,821 08/435,507 10/22/96
5,567,828 08/476,154 10/22/96
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 63 |
5,567,833 08/313,923 10/22/96
5,567,846 08/468,406 10/22/96
5,567,847 08/393,145 10/22/96
5,567,874 08/427,854 10/22/96
5,567,879 08/471,318 10/22/96
5,567,885 08/362,599 10/22/96
5,567,896 08/501,787 10/22/96
5,567,898 08/380,395 10/22/96
5,567,899 08/430,494 10/22/96
5,567,901 08/374,110 10/22/96
5,567,902 08/369,882 10/22/96
5,567,905 08/594,079 10/22/96
5,567,911 08/356,678 10/22/96
5,567,912 08/322,863 10/22/96
5,567,918 08/200,439 10/22/96
5,567,922 08/200,538 10/22/96
5,567,923 08/371,394 10/22/96
5,567,930 08/468,469 10/22/96
5,567,944 08/430,414 10/22/96
5,567,968 08/432,643 10/22/96
5,567,985 08/457,551 10/22/96
5,567,996 08/380,180 10/22/96
5,567,997 08/097,000 10/22/96
5,567,999 08/367,049 10/22/96
5,568,017 08/412,603 10/22/96
5,568,024 08/442,697 10/22/96
5,568,027 08/444,904 10/22/96
5,568,030 08/480,303 10/22/96
5,568,047 08/288,177 10/22/96
5,568,053 08/415,085 10/22/96
5,568,055 08/479,323 10/22/96
5,568,056 08/348,893 10/22/96
5,568,064 08/438,134 10/22/96
5,568,067 08/497,007 10/22/96
5,568,070 08/519,335 10/22/96
5,568,102 08/603,520 10/22/96
5,568,103 08/499,917 10/22/96
5,568,120 08/350,296 10/22/96
5,568,122 08/282,760 10/22/96
5,568,140 08/364,095 10/22/96
5,568,142 08/326,474 10/22/96
5,568,155 08/284,494 10/22/96
5,568,156 08/432,080 10/22/96
5,568,159 08/403,404 10/22/96
5,568,162 08/287,188 10/22/96
5,568,166 08/191,510 10/22/96
5,568,170 08/258,737 10/22/96
5,568,186 08/365,374 10/22/96
5,568,190 08/431,575 10/22/96
5,568,197 07/856,675 10/22/96
5,568,199 08/157,643 10/22/96
5,568,210 08/330,319 10/22/96
5,568,216 08/584,445 10/22/96
5,568,219 08/584,480 10/22/96
5,568,220 08/325,953 10/22/96
5,568,221 08/534,946 10/22/96
5,568,234 08/366,927 10/22/96
5,568,245 08/465,249 10/22/96
5,568,256 08/230,772 10/22/96
5,568,265 08/417,383 10/22/96
5,568,280 08/287,170 10/22/96
5,568,288 08/153,080 10/22/96
5,568,300 08/505,604 10/22/96
5,568,302 08/457,653 10/22/96
5,568,303 08/494,529 10/22/96
5,568,321 08/104,943 10/22/96
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 64 |
5,568,326 08/535,911 10/22/96
5,568,337 07/935,927 10/22/96
5,568,358 08/343,697 10/22/96
5,568,371 08/314,880 10/22/96
5,568,391 08/095,258 10/22/96
5,568,397 08/271,649 10/22/96
5,568,413 08/352,082 10/22/96
5,568,417 08/302,505 10/22/96
5,568,429 08/498,149 10/22/96
5,568,436 08/480,926 10/22/96
5,568,444 08/485,673 10/22/96
5,568,446 08/516,078 10/22/96
5,568,448 08/296,884 10/22/96
5,568,449 08/307,292 10/22/96
5,568,453 08/411,188 10/22/96
5,568,455 08/444,323 10/22/96
5,568,457 08/393,838 10/22/96
5,568,466 08/503,084 10/22/96
5,568,467 08/234,565 10/22/96
5,568,468 08/351,148 10/22/96
5,568,471 08/524,029 10/22/96
5,568,472 08/256,230 10/22/96
5,568,477 08/495,774 10/22/96
5,568,491 08/230,329 10/22/96
5,568,497 08/487,180 10/22/96
5,568,502 08/513,390 10/22/96
5,568,517 08/433,137 10/22/96
5,568,521 08/137,244 10/22/96
5,568,527 08/388,339 10/22/96
5,568,531 08/428,566 10/22/96
5,568,537 08/294,898 10/22/96
5,568,550 08/318,218 10/22/96
5,568,556 08/249,330 10/22/96
5,568,557 08/283,114 10/22/96
5,568,562 08/345,002 10/22/96
5,568,564 07/931,517 10/22/96
5,568,565 08/055,436 10/22/96
5,568,566 08/173,932 10/22/96
5,568,574 08/489,983 10/22/96
5,568,579 08/510,390 10/22/96
5,568,606 08/321,142 10/22/96
5,568,607 08/292,863 10/22/96
5,568,627 08/223,415 10/22/96
5,568,640 08/309,416 10/22/96
5,568,642 08/608,213 10/22/96
5,568,643 08/454,240 10/22/96
5,568,653 08/438,992 10/22/96
PATENTS WHICH EXPIRED ON October 17, 2008
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,131,197 09/368,141 10/17/00
6,131,210 09/275,348 10/17/00
6,131,212 09/330,874 10/17/00
6,131,220 09/062,830 10/17/00
6,131,223 09/365,393 10/17/00
6,131,226 09/125,137 10/17/00
6,131,234 09/248,978 10/17/00
6,131,239 09/281,949 10/17/00
6,131,244 09/354,676 10/17/00
6,131,247 09/334,620 10/17/00
6,131,249 09/306,334 10/17/00
6,131,258 08/908,295 10/17/00
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 65 |
6,131,261 09/109,309 10/17/00
6,131,264 09/456,684 10/17/00
6,131,271 09/344,071 10/17/00
6,131,273 09/301,061 10/17/00
6,131,276 09/029,775 10/17/00
6,131,277 09/360,788 10/17/00
6,131,278 09/426,577 10/17/00
6,131,279 09/005,182 10/17/00
6,131,285 09/001,314 10/17/00
6,131,294 09/145,147 10/17/00
6,131,304 09/292,675 10/17/00
6,131,305 09/142,270 10/17/00
6,131,306 09/399,700 10/17/00
6,131,312 09/352,366 10/17/00
6,131,313 09/091,390 10/17/00
6,131,318 09/253,938 10/17/00
6,131,321 09/336,450 10/17/00
6,131,324 09/201,006 10/17/00
6,131,329 09/012,121 10/17/00
6,131,330 09/179,555 10/17/00
6,131,332 08/989,199 10/17/00
6,131,334 09/208,121 10/17/00
6,131,343 09/347,726 10/17/00
6,131,345 09/259,213 10/17/00
6,131,349 09/332,584 10/17/00
6,131,350 09/146,681 10/17/00
6,131,358 08/920,914 10/17/00
6,131,359 09/290,434 10/17/00
6,131,361 09/261,072 10/17/00
6,131,362 09/241,584 10/17/00
6,131,368 09/056,305 10/17/00
6,131,369 09/378,063 10/17/00
6,131,370 09/501,156 10/17/00
6,131,373 09/252,496 10/17/00
6,131,381 09/105,931 10/17/00
6,131,382 09/285,434 10/17/00
6,131,383 09/285,583 10/17/00
6,131,386 09/077,994 10/17/00
6,131,393 09/354,410 10/17/00
6,131,394 09/120,377 10/17/00
6,131,408 08/968,127 10/17/00
6,131,414 09/075,877 10/17/00
6,131,424 09/406,549 10/17/00
6,131,427 08/990,205 10/17/00
6,131,428 09/131,256 10/17/00
6,131,429 09/248,305 10/17/00
6,131,431 09/049,181 10/17/00
6,131,435 08/872,708 10/17/00
6,131,442 09/363,910 10/17/00
6,131,456 08/604,228 10/17/00
6,131,457 09/287,156 10/17/00
6,131,459 09/299,287 10/17/00
6,131,473 09/085,916 10/17/00
6,131,475 09/077,240 10/17/00
6,131,483 09/227,046 10/17/00
6,131,484 09/294,371 10/17/00
6,131,486 09/363,641 10/17/00
6,131,493 08/849,684 10/17/00
6,131,496 08/954,853 10/17/00
6,131,498 08/380,968 10/17/00
6,131,503 09/220,513 10/17/00
6,131,505 09/471,826 10/17/00
6,131,506 09/349,911 10/17/00
6,131,510 09/190,667 10/17/00
6,131,519 09/196,189 10/17/00
6,131,520 09/171,244 10/17/00
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 66 |
6,131,524 09/335,962 10/17/00
6,131,531 09/158,810 10/17/00
6,131,543 09/299,192 10/17/00
6,131,544 09/202,375 10/17/00
6,131,545 09/187,705 10/17/00
6,131,556 09/395,134 10/17/00
6,131,557 09/296,923 10/17/00
6,131,569 09/125,628 10/17/00
6,131,571 08/848,339 10/17/00
6,131,577 08/841,273 10/17/00
6,131,578 08/943,058 10/17/00
6,131,582 09/129,569 10/17/00
6,131,583 09/129,532 10/17/00
6,131,587 09/362,215 10/17/00
6,131,589 09/247,106 10/17/00
6,131,591 09/214,203 10/17/00
6,131,599 09/276,426 10/17/00
6,131,604 09/422,606 10/17/00
6,131,608 09/328,162 10/17/00
6,131,616 09/326,690 10/17/00
6,131,621 09/194,746 10/17/00
6,131,622 08/961,283 10/17/00
6,131,623 09/362,820 10/17/00
6,131,641 09/413,791 10/17/00
6,131,645 09/201,989 10/17/00
6,131,653 08/613,085 10/17/00
6,131,657 09/053,482 10/17/00
6,131,670 09/439,171 10/17/00
6,131,681 09/173,068 10/17/00
6,131,684 09/261,795 10/17/00
6,131,696 09/075,893 10/17/00
6,131,699 09/301,732 10/17/00
6,131,700 09/285,495 10/17/00
6,131,708 09/167,558 10/17/00
6,131,711 09/096,537 10/17/00
6,131,712 09/120,146 10/17/00
6,131,713 09/362,160 10/17/00
6,131,717 09/092,807 10/17/00
6,131,733 09/280,354 10/17/00
6,131,738 09/235,659 10/17/00
6,131,745 09/219,281 10/17/00
6,131,757 08/257,449 10/17/00
6,131,763 09/356,609 10/17/00
6,131,770 09/173,341 10/17/00
6,131,772 09/137,220 10/17/00
6,131,778 09/360,967 10/17/00
6,131,779 09/284,256 10/17/00
6,131,785 09/141,119 10/17/00
6,131,793 09/049,439 10/17/00
6,131,794 08/872,951 10/17/00
6,131,796 08/960,563 10/17/00
6,131,816 09/113,783 10/17/00
6,131,817 09/168,856 10/17/00
6,131,829 09/191,018 10/17/00
6,131,831 09/312,088 10/17/00
6,131,832 09/390,641 10/17/00
6,131,838 09/326,209 10/17/00
6,131,839 09/081,612 10/17/00
6,131,841 09/250,248 10/17/00
6,131,842 09/268,406 10/17/00
6,131,844 09/283,328 10/17/00
6,131,848 09/160,808 10/17/00
6,131,850 09/096,338 10/17/00
6,131,853 09/328,527 10/17/00
6,131,857 09/371,784 10/17/00
6,131,858 09/121,783 10/17/00
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 67 |
6,131,859 09/026,091 10/17/00
6,131,862 09/158,586 10/17/00
6,131,869 09/128,003 10/17/00
6,131,870 09/361,797 10/17/00
6,131,871 09/074,039 10/17/00
6,131,877 09/350,722 10/17/00
6,131,880 09/277,299 10/17/00
6,131,884 09/392,850 10/17/00
6,131,889 09/216,453 10/17/00
6,131,892 09/348,221 10/17/00
6,131,895 09/185,845 10/17/00
6,131,903 09/357,633 10/17/00
6,131,907 08/891,728 10/17/00
6,131,908 08/891,863 10/17/00
6,131,910 08/855,013 10/17/00
6,131,911 09/027,128 10/17/00
6,131,924 08/957,081 10/17/00
6,131,925 08/884,195 10/17/00
6,131,935 09/145,116 10/17/00
6,131,937 09/167,280 10/17/00
6,131,939 09/135,037 10/17/00
6,131,940 09/096,392 10/17/00
6,131,943 09/218,854 10/17/00
6,131,945 09/342,283 10/17/00
6,131,946 09/107,508 10/17/00
6,131,947 09/012,636 10/17/00
6,131,948 09/039,145 10/17/00
6,131,950 09/024,363 10/17/00
6,131,953 09/088,583 10/17/00
6,131,954 09/134,412 10/17/00
6,131,968 09/340,695 10/17/00
6,131,971 09/360,362 10/17/00
6,131,978 09/029,847 10/17/00
6,131,985 09/145,929 10/17/00
6,131,990 09/045,777 10/17/00
6,131,991 09/398,141 10/17/00
6,131,994 09/285,898 10/17/00
6,131,996 09/324,496 10/17/00
6,132,001 09/500,031 10/17/00
6,132,010 08/983,510 10/17/00
6,132,031 08/999,138 10/17/00
6,132,045 08/947,697 10/17/00
6,132,054 09/150,610 10/17/00
6,132,060 09/265,242 10/17/00
6,132,067 08/958,807 10/17/00
6,132,071 09/247,808 10/17/00
6,132,083 08/817,834 10/17/00
6,132,096 09/216,890 10/17/00
6,132,098 09/331,678 10/17/00
6,132,111 09/131,431 10/17/00
6,132,112 09/307,950 10/17/00
6,132,118 09/290,145 10/17/00
6,132,125 09/505,995 10/17/00
6,132,127 09/197,921 10/17/00
6,132,133 09/202,273 10/17/00
6,132,134 09/317,253 10/17/00
6,132,136 09/012,738 10/17/00
6,132,147 09/222,525 10/17/00
6,132,151 09/233,372 10/17/00
6,132,155 09/037,477 10/17/00
6,132,166 09/074,775 10/17/00
6,132,172 09/326,633 10/17/00
6,132,174 09/258,222 10/17/00
6,132,175 09/083,394 10/17/00
6,132,181 09/012,652 10/17/00
6,132,182 09/224,163 10/17/00
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 68 |
6,132,195 08/891,155 10/17/00
6,132,197 09/250,239 10/17/00
6,132,199 08/540,926 10/17/00
6,132,217 09/220,130 10/17/00
6,132,224 09/295,419 10/17/00
6,132,226 09/190,011 10/17/00
6,132,229 09/187,662 10/17/00
6,132,251 09/349,944 10/17/00
6,132,252 09/303,952 10/17/00
6,132,268 09/130,112 10/17/00
6,132,276 09/197,215 10/17/00
6,132,282 09/121,225 10/17/00
6,132,283 09/088,273 10/17/00
6,132,284 09/083,196 10/17/00
6,132,286 08/914,271 10/17/00
6,132,290 08/988,994 10/17/00
6,132,291 09/053,983 10/17/00
6,132,293 08/077,681 10/17/00
6,132,295 09/373,096 10/17/00
6,132,301 09/219,128 10/17/00
6,132,305 09/353,960 10/17/00
6,132,307 09/201,480 10/17/00
6,132,311 09/209,964 10/17/00
6,132,326 08/935,859 10/17/00
6,132,329 09/348,779 10/17/00
6,132,340 09/337,528 10/17/00
6,132,341 09/203,009 10/17/00
6,132,343 09/016,260 10/17/00
6,132,346 09/281,684 10/17/00
6,132,355 09/125,540 10/17/00
6,132,356 09/179,356 10/17/00
6,132,359 09/226,685 10/17/00
6,132,360 09/083,559 10/17/00
6,132,365 08/666,454 10/17/00
6,132,380 09/154,621 10/17/00
6,132,381 08/911,089 10/17/00
6,132,382 09/174,164 10/17/00
6,132,390 09/175,164 10/17/00
6,132,391 09/221,606 10/17/00
6,132,399 09/070,089 10/17/00
6,132,409 08/862,458 10/17/00
6,132,424 09/041,998 10/17/00
6,132,429 09/251,962 10/17/00
6,132,432 09/280,283 10/17/00
6,132,442 09/276,300 10/17/00
6,132,443 09/324,671 10/17/00
6,132,452 09/258,296 10/17/00
6,132,462 09/102,397 10/17/00
6,132,474 09/026,183 10/17/00
6,132,490 09/096,098 10/17/00
6,132,491 09/137,563 10/17/00
6,132,495 09/390,881 10/17/00
6,132,496 09/419,800 10/17/00
6,132,504 09/171,782 10/17/00
6,132,509 09/133,137 10/17/00
6,132,510 08/753,129 10/17/00
6,132,511 09/401,703 10/17/00
6,132,512 09/003,948 10/17/00
6,132,516 09/289,438 10/17/00
6,132,521 09/467,132 10/17/00
6,132,522 08/684,543 10/17/00
6,132,539 08/875,870 10/17/00
6,132,543 09/041,666 10/17/00
6,132,545 08/972,035 10/17/00
6,132,550 08/694,457 10/17/00
6,132,551 08/937,348 10/17/00
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 69 |
6,132,566 09/126,357 10/17/00
6,132,577 09/065,362 10/17/00
6,132,579 09/236,872 10/17/00
6,132,585 08/749,727 10/17/00
6,132,587 09/174,337 10/17/00
6,132,592 09/281,475 10/17/00
6,132,598 09/004,357 10/17/00
6,132,600 09/118,890 10/17/00
6,132,602 09/180,474 10/17/00
6,132,605 09/137,019 10/17/00
6,132,620 09/110,934 10/17/00
6,132,622 09/096,773 10/17/00
6,132,623 09/100,177 10/17/00
6,132,640 08/877,913 10/17/00
6,132,643 09/123,133 10/17/00
6,132,649 09/240,904 10/17/00
6,132,657 09/106,488 10/17/00
6,132,666 08/885,745 10/17/00
6,132,669 09/130,864 10/17/00
6,132,670 09/200,280 10/17/00
6,132,673 09/095,275 10/17/00
6,132,682 09/286,638 10/17/00
6,132,689 09/158,057 10/17/00
6,132,701 09/213,212 10/17/00
6,132,706 08/980,231 10/17/00
6,132,720 08/968,466 10/17/00
6,132,722 09/070,637 10/17/00
6,132,738 09/046,911 10/17/00
6,132,744 09/323,633 10/17/00
6,132,748 09/251,051 10/17/00
6,132,751 09/000,150 10/17/00
6,132,759 09/180,057 10/17/00
6,132,783 09/350,897 10/17/00
6,132,787 08/843,088 10/17/00
6,132,796 09/297,333 10/17/00
6,132,799 09/426,912 10/17/00
6,132,813 08/989,051 10/17/00
6,132,819 08/996,570 10/17/00
6,132,823 08/957,148 10/17/00
6,132,825 08/690,241 10/17/00
6,132,830 09/004,752 10/17/00
6,132,832 09/074,178 10/17/00
6,132,834 08/985,830 10/17/00
6,132,848 08/988,219 10/17/00
6,132,849 08/458,078 10/17/00
6,132,850 08/755,938 10/17/00
6,132,855 09/122,101 10/17/00
6,132,857 09/215,292 10/17/00
6,132,862 08/178,369 10/17/00
6,132,864 08/945,669 10/17/00
6,132,893 08/999,569 10/17/00
6,132,894 09/230,909 10/17/00
6,132,898 08/955,115 10/17/00
6,132,901 09/045,477 10/17/00
6,132,902 08/876,205 10/17/00
6,132,903 09/118,007 10/17/00
6,132,909 09/106,885 10/17/00
6,132,910 09/204,940 10/17/00
6,132,922 09/226,001 10/17/00
6,132,928 09/148,997 10/17/00
6,132,938 09/184,023 10/17/00
6,132,939 09/131,698 10/17/00
6,132,940 09/213,028 10/17/00
6,132,942 09/182,916 10/17/00
6,132,943 09/418,392 10/17/00
6,132,955 08/922,761 10/17/00
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 70 |
6,132,958 09/320,874 10/17/00
6,132,959 09/084,456 10/17/00
6,132,962 08/876,996 10/17/00
6,132,964 09/013,881 10/17/00
6,132,973 09/234,613 10/17/00
6,132,978 08/769,747 10/17/00
6,132,979 09/085,647 10/17/00
6,132,991 08/469,124 10/17/00
6,133,007 09/174,437 10/17/00
6,133,017 08/460,066 10/17/00
6,133,033 09/305,160 10/17/00
6,133,035 08/895,334 10/17/00
6,133,042 09/021,154 10/17/00
6,133,045 09/032,353 10/17/00
6,133,054 09/366,219 10/17/00
6,133,067 09/048,467 10/17/00
6,133,079 09/358,985 10/17/00
6,133,082 09/382,698 10/17/00
6,133,087 09/099,534 10/17/00
6,133,092 09/122,562 10/17/00
6,133,096 09/208,917 10/17/00
6,133,102 09/099,699 10/17/00
6,133,115 09/292,020 10/17/00
6,133,117 09/369,907 10/17/00
6,133,139 08/947,244 10/17/00
6,133,165 08/765,336 10/17/00
6,133,170 09/010,936 10/17/00
6,133,174 09/169,410 10/17/00
6,133,175 09/004,532 10/17/00
6,133,177 08/938,720 10/17/00
6,133,180 09/103,571 10/17/00
6,133,182 09/319,618 10/17/00
6,133,187 09/174,997 10/17/00
6,133,195 09/246,958 10/17/00
6,133,196 08/696,048 10/17/00
6,133,200 09/298,862 10/17/00
6,133,209 09/297,633 10/17/00
6,133,211 08/960,717 10/17/00
6,133,213 09/357,588 10/17/00
6,133,225 08/966,251 10/17/00
6,133,233 09/024,975 10/17/00
6,133,236 08/815,886 10/17/00
6,133,238 09/347,169 10/17/00
6,133,240 08/924,688 10/17/00
6,133,256 09/058,566 10/17/00
6,133,257 09/099,171 10/17/00
6,133,258 09/068,534 10/17/00
6,133,262 09/429,459 10/17/00
6,133,263 09/117,649 10/17/00
6,133,265 08/897,046 10/17/00
6,133,268 09/271,564 10/17/00
6,133,270 08/882,846 10/17/00
6,133,272 09/241,281 10/17/00
6,133,276 09/222,374 10/17/00
6,133,279 09/202,593 10/17/00
6,133,286 09/493,707 10/17/00
6,133,290 09/334,157 10/17/00
6,133,292 09/174,048 10/17/00
6,133,294 09/397,564 10/17/00
6,133,299 08/023,016 10/17/00
6,133,303 09/355,662 10/17/00
6,133,304 09/485,253 10/17/00
6,133,306 09/211,114 10/17/00
6,133,307 09/341,027 10/17/00
6,133,313 09/070,440 10/17/00
6,133,316 09/318,803 10/17/00
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 71 |
6,133,321 09/196,538 10/17/00
6,133,335 09/224,421 10/17/00
6,133,344 09/367,474 10/17/00
6,133,353 09/439,263 10/17/00
6,133,357 09/034,928 10/17/00
6,133,384 09/255,084 10/17/00
6,133,390 09/063,656 10/17/00
6,133,408 09/231,669 10/17/00
6,133,426 09/026,985 10/17/00
6,133,442 09/263,034 10/17/00
6,133,448 09/242,895 10/17/00
6,133,458 09/163,914 10/17/00
6,133,460 09/196,935 10/17/00
6,133,462 08/922,684 10/17/00
6,133,469 09/365,843 10/17/00
6,133,473 09/302,199 10/17/00
6,133,474 09/393,475 10/17/00
6,133,476 08/714,923 10/17/00
6,133,482 09/331,063 10/17/00
6,133,488 08/962,308 10/17/00
6,133,496 09/265,071 10/17/00
6,133,501 08/738,956 10/17/00
6,133,503 09/024,472 10/17/00
6,133,520 09/190,674 10/17/00
6,133,532 09/248,505 10/17/00
6,133,540 09/128,446 10/17/00
6,133,541 09/366,259 10/17/00
6,133,549 09/353,601 10/17/00
6,133,564 09/119,774 10/17/00
6,133,572 09/093,855 10/17/00
6,133,579 09/204,410 10/17/00
6,133,585 09/349,515 10/17/00
6,133,645 09/263,294 10/17/00
6,133,655 08/969,656 10/17/00
6,133,656 09/165,906 10/17/00
6,133,658 09/014,227 10/17/00
6,133,666 09/276,185 10/17/00
6,133,669 09/002,299 10/17/00
6,133,672 09/252,882 10/17/00
6,133,674 09/179,515 10/17/00
6,133,675 09/086,288 10/17/00
6,133,678 09/072,665 10/17/00
6,133,680 09/229,574 10/17/00
6,133,682 09/125,395 10/17/00
6,133,684 09/106,352 10/17/00
6,133,685 09/065,327 10/17/00
6,133,690 09/319,240 10/17/00
6,133,695 08/946,164 10/17/00
6,133,696 08/894,555 10/17/00
6,133,697 09/381,690 10/17/00
6,133,703 09/251,793 10/17/00
6,133,705 09/168,436 10/17/00
6,133,716 09/177,580 10/17/00
6,133,733 09/020,422 10/17/00
6,133,742 09/159,398 10/17/00
6,133,752 09/055,988 10/17/00
6,133,765 09/162,791 10/17/00
6,133,767 08/558,670 10/17/00
6,133,770 09/203,179 10/17/00
6,133,776 09/470,678 10/17/00
6,133,786 09/054,747 10/17/00
6,133,795 09/112,854 10/17/00
6,133,799 09/257,228 10/17/00
6,133,820 09/133,159 10/17/00
6,133,823 09/450,048 10/17/00
6,133,829 09/263,162 10/17/00
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 72 |
6,133,835 09/204,179 10/17/00
6,133,845 09/293,654 10/17/00
6,133,848 08/751,333 10/17/00
6,133,855 09/469,545 10/17/00
6,133,856 09/371,515 10/17/00
6,133,858 08/955,060 10/17/00
6,133,863 09/182,752 10/17/00
6,133,890 09/264,562 10/17/00
6,133,897 08/829,795 10/17/00
6,133,902 08/976,046 10/17/00
6,133,914 09/003,620 10/17/00
6,133,931 08/644,785 10/17/00
6,133,934 08/527,383 10/17/00
6,133,937 09/120,512 10/17/00
6,133,945 08/793,115 10/17/00
6,133,950 09/241,811 10/17/00
6,133,959 09/002,024 10/17/00
6,133,966 09/441,165 10/17/00
6,133,984 09/198,245 10/17/00
6,133,990 09/239,827 10/17/00
6,133,997 09/272,616 10/17/00
6,133,999 09/058,180 10/17/00
6,134,002 09/229,874 10/17/00
6,134,005 09/064,793 10/17/00
6,134,013 09/149,399 10/17/00
6,134,025 08/440,489 10/17/00
6,134,026 09/053,505 10/17/00
6,134,028 09/110,240 10/17/00
6,134,031 08/200,657 10/17/00
6,134,038 08/954,096 10/17/00
6,134,040 09/188,939 10/17/00
6,134,044 09/245,653 10/17/00
6,134,046 09/039,622 10/17/00
6,134,048 08/740,874 10/17/00
6,134,058 09/342,585 10/17/00
6,134,065 08/709,500 10/17/00
6,134,068 08/461,806 10/17/00
6,134,070 08/861,664 10/17/00
6,134,078 08/490,553 10/17/00
6,134,079 09/032,327 10/17/00
6,134,085 09/126,231 10/17/00
6,134,101 09/240,664 10/17/00
6,134,107 09/174,613 10/17/00
6,134,114 09/253,074 10/17/00
6,134,126 09/391,659 10/17/00
6,134,129 09/285,810 10/17/00
6,134,164 09/296,876 10/17/00
6,134,188 09/131,668 10/17/00
6,134,192 09/161,624 10/17/00
6,134,193 09/059,957 10/17/00
6,134,196 09/113,225 10/17/00
6,134,200 08/226,225 10/17/00
6,134,206 09/107,476 10/17/00
6,134,210 09/087,320 10/17/00
6,134,212 09/270,295 10/17/00
6,134,216 08/959,936 10/17/00
6,134,233 08/968,992 10/17/00
6,134,236 09/035,428 10/17/00
6,134,238 08/892,590 10/17/00
6,134,241 08/737,185 10/17/00
6,134,245 09/004,896 10/17/00
6,134,276 09/052,454 10/17/00
6,134,278 09/016,675 10/17/00
6,134,284 09/062,691 10/17/00
6,134,305 07/944,704 10/17/00
6,134,306 09/174,399 10/17/00
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 73 |
6,134,310 08/792,186 10/17/00
6,134,312 09/016,673 10/17/00
6,134,322 09/012,098 10/17/00
6,134,323 08/919,973 10/17/00
6,134,333 09/040,500 10/17/00
6,134,349 08/356,966 10/17/00
6,134,353 08/950,014 10/17/00
6,134,362 09/090,645 10/17/00
6,134,366 08/933,704 10/17/00
6,134,368 08/927,111 10/17/00
6,134,377 08/999,852 10/17/00
6,134,384 08/810,070 10/17/00
6,134,388 09/309,081 10/17/00
6,134,389 08/691,909 10/17/00
6,134,400 09/244,119 10/17/00
6,134,403 08/949,011 10/17/00
6,134,408 09/386,443 10/17/00
6,134,409 09/138,117 10/17/00
6,134,423 08/996,932 10/17/00
6,134,425 09/137,873 10/17/00
6,134,431 08/943,221 10/17/00
6,134,436 09/034,842 10/17/00
6,134,442 09/035,006 10/17/00
6,134,444 09/050,793 10/17/00
6,134,448 09/125,966 10/17/00
6,134,449 08/973,647 10/17/00
6,134,482 09/073,429 10/17/00
6,134,503 08/937,824 10/17/00
6,134,508 08/673,040 10/17/00
6,134,509 09/013,303 10/17/00
6,134,511 09/060,734 10/17/00
6,134,519 09/093,258 10/17/00
6,134,529 09/020,899 10/17/00
6,134,533 08/753,377 10/17/00
6,134,540 08/853,294 10/17/00
6,134,542 09/051,822 10/17/00
6,134,547 08/725,841 10/17/00
6,134,557 09/197,191 10/17/00
6,134,597 08/864,052 10/17/00
6,134,611 08/917,858 10/17/00
6,134,619 09/324,744 10/17/00
6,134,620 09/052,246 10/17/00
6,134,621 09/092,153 10/17/00
6,134,623 09/137,670 10/17/00
6,134,626 08/959,364 10/17/00
6,134,645 09/087,886 10/17/00
6,134,659 09/440,944 10/17/00
6,134,680 09/102,501 10/17/00
6,134,690 09/104,922 10/17/00
6,134,691 09/258,252 10/17/00
6,134,694 08/728,216 10/17/00
6,134,699 09/016,244 10/17/00
6,134,700 09/044,786 10/17/00
PATENTS WHICH EXPIRED ON October 19, 2008
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,804,834 10/378,193 10/19/04
6,804,837 10/657,599 10/19/04
6,804,839 10/356,753 10/19/04
6,804,843 10/402,798 10/19/04
6,804,860 10/338,970 10/19/04
6,804,862 10/310,227 10/19/04
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 74 |
6,804,879 10/279,169 10/19/04
6,804,881 09/569,767 10/19/04
6,804,887 10/277,812 10/19/04
6,804,894 10/070,499 10/19/04
6,804,898 10/731,128 10/19/04
6,804,902 10/007,137 10/19/04
6,804,903 10/420,245 10/19/04
6,804,904 10/059,281 10/19/04
6,804,905 09/658,358 10/19/04
6,804,907 10/226,741 10/19/04
6,804,914 10/232,064 10/19/04
6,804,917 10/300,086 10/19/04
6,804,920 10/161,735 10/19/04
6,804,929 09/879,623 10/19/04
6,804,939 10/369,996 10/19/04
6,804,944 10/283,456 10/19/04
6,804,953 10/321,432 10/19/04
6,804,957 10/168,302 10/19/04
6,804,963 09/516,131 10/19/04
6,804,977 10/359,387 10/19/04
6,804,986 09/847,268 10/19/04
6,804,994 10/186,921 10/19/04
6,804,999 10/327,406 10/19/04
6,805,001 10/218,526 10/19/04
6,805,010 10/169,451 10/19/04
6,805,016 10/396,876 10/19/04
6,805,020 10/123,362 10/19/04
6,805,025 10/220,827 10/19/04
6,805,031 10/436,399 10/19/04
6,805,058 10/357,465 10/19/04
6,805,065 10/705,006 10/19/04
6,805,092 10/392,853 10/19/04
6,805,104 10/747,081 10/19/04
6,805,126 10/096,972 10/19/04
6,805,141 10/317,445 10/19/04
6,805,143 10/300,636 10/19/04
6,805,145 10/297,363 10/19/04
6,805,186 10/442,124 10/19/04
6,805,191 10/630,873 10/19/04
6,805,212 10/245,093 10/19/04
6,805,213 10/195,293 10/19/04
6,805,215 10/279,299 10/19/04
6,805,219 10/205,207 10/19/04
6,805,221 10/392,073 10/19/04
6,805,228 09/950,103 10/19/04
6,805,231 10/300,374 10/19/04
6,805,236 10/208,623 10/19/04
6,805,238 10/120,775 10/19/04
6,805,239 10/173,951 10/19/04
6,805,240 10/228,121 10/19/04
6,805,246 10/383,808 10/19/04
6,805,247 10/273,279 10/19/04
6,805,248 10/160,308 10/19/04
6,805,249 10/265,524 10/19/04
6,805,257 10/159,425 10/19/04
6,805,262 10/405,256 10/19/04
6,805,265 10/443,618 10/19/04
6,805,269 10/036,242 10/19/04
6,805,270 10/801,580 10/19/04
6,805,272 10/635,760 10/19/04
6,805,274 10/229,153 10/19/04
6,805,275 10/611,873 10/19/04
6,805,276 10/143,558 10/19/04
6,805,301 10/067,018 10/19/04
6,805,302 10/098,326 10/19/04
6,805,313 10/340,541 10/19/04
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 75 |
6,805,316 10/040,313 10/19/04
6,805,318 10/240,065 10/19/04
6,805,320 10/220,526 10/19/04
6,805,326 10/088,734 10/19/04
6,805,327 10/730,072 10/19/04
6,805,341 10/301,667 10/19/04
6,805,352 10/678,740 10/19/04
6,805,353 10/401,996 10/19/04
6,805,357 10/150,536 10/19/04
6,805,361 10/300,004 10/19/04
6,805,364 10/198,566 10/19/04
6,805,365 10/084,821 10/19/04
6,805,368 10/638,411 10/19/04
6,805,375 09/956,054 10/19/04
6,805,377 09/846,004 10/19/04
6,805,386 10/025,197 10/19/04
6,805,387 10/048,541 10/19/04
6,805,389 10/669,773 10/19/04
6,805,397 10/427,738 10/19/04
6,805,399 10/672,827 10/19/04
6,805,403 10/328,992 10/19/04
6,805,405 10/076,847 10/19/04
6,805,414 09/924,186 10/19/04
6,805,417 10/151,125 10/19/04
6,805,429 10/366,514 10/19/04
6,805,441 10/638,760 10/19/04
6,805,451 10/704,728 10/19/04
6,805,455 10/306,966 10/19/04
6,805,457 10/253,636 10/19/04
6,805,459 10/094,044 10/19/04
6,805,460 10/386,049 10/19/04
6,805,462 10/234,011 10/19/04
6,805,473 10/475,248 10/19/04
6,805,475 10/180,090 10/19/04
6,805,479 10/111,214 10/19/04
6,805,486 10/160,155 10/19/04
6,805,499 10/669,061 10/19/04
6,805,501 10/197,620 10/19/04
6,805,505 10/254,618 10/19/04
6,805,510 10/300,673 10/19/04
6,805,512 10/064,811 10/19/04
6,805,514 09/902,610 10/19/04
6,805,517 10/189,683 10/19/04
6,805,522 10/238,424 10/19/04
6,805,529 10/245,472 10/19/04
6,805,530 10/418,116 10/19/04
6,805,534 10/420,868 10/19/04
6,805,536 10/353,179 10/19/04
6,805,540 10/454,107 10/19/04
6,805,542 10/245,731 10/19/04
6,805,551 10/396,806 10/19/04
6,805,553 09/778,030 10/19/04
6,805,558 09/716,045 10/19/04
6,805,559 10/308,582 10/19/04
6,805,571 10/394,976 10/19/04
6,805,579 10/141,427 10/19/04
6,805,588 10/181,555 10/19/04
6,805,616 10/066,679 10/19/04
6,805,619 09/909,353 10/19/04
6,805,622 10/386,037 10/19/04
6,805,623 10/315,516 10/19/04
6,805,629 09/661,163 10/19/04
6,805,630 10/145,111 10/19/04
6,805,635 10/334,105 10/19/04
6,805,641 09/969,236 10/19/04
6,805,657 10/288,182 10/19/04
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 76 |
6,805,674 10/184,548 10/19/04
6,805,679 10/162,931 10/19/04
6,805,706 10/641,284 10/19/04
6,805,730 10/353,235 10/19/04
6,805,740 10/296,790 10/19/04
6,805,750 09/274,127 10/19/04
6,805,751 09/909,992 10/19/04
6,805,761 09/720,597 10/19/04
6,805,767 10/100,147 10/19/04
6,805,770 10/231,854 10/19/04
6,805,773 09/762,032 10/19/04
6,805,794 10/275,688 10/19/04
6,805,797 10/049,824 10/19/04
6,805,799 10/375,987 10/19/04
6,805,804 10/127,646 10/19/04
6,805,821 10/252,973 10/19/04
6,805,825 09/581,978 10/19/04
6,805,828 10/199,678 10/19/04
6,805,842 09/976,628 10/19/04
6,805,845 09/654,820 10/19/04
6,805,850 10/100,018 10/19/04
6,805,855 10/806,747 10/19/04
6,805,866 10/252,743 10/19/04
6,805,869 09/216,604 10/19/04
6,805,871 09/723,189 10/19/04
6,805,921 10/212,230 10/19/04
6,805,939 09/724,845 10/19/04
6,805,957 09/986,016 10/19/04
6,805,961 09/488,762 10/19/04
6,805,973 10/653,357 10/19/04
6,805,975 10/204,348 10/19/04
6,805,997 09/889,168 10/19/04
6,806,004 09/807,124 10/19/04
6,806,017 10/149,898 10/19/04
6,806,019 10/203,359 10/19/04
6,806,032 10/357,472 10/19/04
6,806,042 10/612,132 10/19/04
6,806,045 10/052,299 10/19/04
6,806,056 10/125,784 10/19/04
6,806,060 10/011,106 10/19/04
6,806,071 09/441,723 10/19/04
6,806,072 10/345,198 10/19/04
6,806,084 09/090,030 10/19/04
6,806,085 09/558,284 10/19/04
6,806,088 09/827,895 10/19/04
6,806,098 10/321,603 10/19/04
6,806,100 10/330,519 10/19/04
6,806,106 09/813,604 10/19/04
6,806,122 10/431,177 10/19/04
6,806,129 10/435,230 10/19/04
6,806,136 10/780,416 10/19/04
6,806,148 10/447,715 10/19/04
6,806,171 10/213,593 10/19/04
6,806,177 10/719,861 10/19/04
6,806,198 09/864,666 10/19/04
6,806,200 10/291,951 10/19/04
6,806,213 10/037,384 10/19/04
6,806,217 10/363,831 10/19/04
6,806,239 10/173,122 10/19/04
6,806,244 09/744,724 10/19/04
6,806,247 10/166,445 10/19/04
6,806,250 10/115,485 10/19/04
6,806,266 10/030,618 10/19/04
6,806,268 10/158,683 10/19/04
6,806,269 10/030,414 10/19/04
6,806,275 10/120,408 10/19/04
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 77 |
6,806,276 10/245,861 10/19/04
6,806,279 10/024,665 10/19/04
6,806,292 10/182,286 10/19/04
6,806,293 09/804,209 10/19/04
6,806,301 10/054,261 10/19/04
6,806,308 09/996,467 10/19/04
6,806,319 09/924,252 10/19/04
6,806,333 10/351,440 10/19/04
6,806,335 10/375,129 10/19/04
6,806,345 10/653,526 10/19/04
6,806,371 10/674,524 10/19/04
6,806,373 10/410,493 10/19/04
6,806,377 10/149,799 10/19/04
6,806,388 10/181,063 10/19/04
6,806,391 10/209,345 10/19/04
6,806,392 10/290,018 10/19/04
6,806,393 10/447,521 10/19/04
6,806,397 09/399,232 10/19/04
6,806,411 10/405,223 10/19/04
6,806,419 10/319,471 10/19/04
6,806,427 10/399,154 10/19/04
6,806,432 09/979,125 10/19/04
6,806,439 10/340,737 10/19/04
6,806,444 10/446,921 10/19/04
6,806,447 10/256,529 10/19/04
6,806,462 09/667,282 10/19/04
6,806,465 10/031,041 10/19/04
6,806,482 10/694,725 10/19/04
6,806,510 10/014,407 10/19/04
6,806,561 09/739,634 10/19/04
6,806,562 10/057,127 10/19/04
6,806,563 10/392,615 10/19/04
6,806,585 10/309,796 10/19/04
6,806,592 10/384,926 10/19/04
6,806,596 10/334,150 10/19/04
6,806,602 10/239,510 10/19/04
6,806,609 10/156,586 10/19/04
6,806,615 10/107,312 10/19/04
6,806,622 09/693,034 10/19/04
6,806,631 10/682,407 10/19/04
6,806,632 09/978,694 10/19/04
6,806,640 10/364,497 10/19/04
6,806,642 09/947,085 10/19/04
6,806,669 10/358,667 10/19/04
6,806,677 10/269,641 10/19/04
6,806,680 09/941,192 10/19/04
6,806,682 10/339,296 10/19/04
6,806,696 10/462,195 10/19/04
6,806,697 10/117,653 10/19/04
6,806,702 10/267,820 10/19/04
6,806,705 10/145,916 10/19/04
6,806,715 10/150,689 10/19/04
6,806,738 10/442,132 10/19/04
6,806,766 10/368,487 10/19/04
6,806,770 10/419,233 10/19/04
6,806,784 10/175,498 10/19/04
6,806,803 10/313,547 10/19/04
6,806,809 10/336,120 10/19/04
6,806,810 10/350,456 10/19/04
6,806,823 10/688,480 10/19/04
6,806,836 10/369,754 10/19/04
6,806,852 09/969,735 10/19/04
6,806,867 09/474,545 10/19/04
6,806,874 09/911,885 10/19/04
6,806,892 09/467,503 10/19/04
6,806,899 10/226,037 10/19/04
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 78 |
6,806,908 09/927,211 10/19/04
6,806,920 10/205,472 10/19/04
6,806,923 10/136,284 10/19/04
6,806,939 10/357,710 10/19/04
6,806,945 09/948,723 10/19/04
6,806,948 10/112,425 10/19/04
6,806,957 10/239,809 10/19/04
6,806,959 09/990,215 10/19/04
6,806,974 09/666,072 10/19/04
6,806,978 09/565,368 10/19/04
6,807,000 10/364,725 10/19/04
6,807,003 10/025,312 10/19/04
6,807,007 10/141,186 10/19/04
6,807,022 09/830,076 10/19/04
6,807,043 10/067,110 10/19/04
6,807,055 09/978,519 10/19/04
6,807,073 10/139,655 10/19/04
6,807,075 10/275,493 10/19/04
6,807,125 10/225,871 10/19/04
6,807,127 09/683,102 10/19/04
6,807,128 10/279,165 10/19/04
6,807,129 10/085,335 10/19/04
6,807,137 10/732,486 10/19/04
6,807,169 10/168,575 10/19/04
6,807,215 10/266,893 10/19/04
6,807,216 09/839,254 10/19/04
6,807,233 09/512,044 10/19/04
6,807,247 10/382,008 10/19/04
6,807,259 09/591,260 10/19/04
6,807,262 09/678,377 10/19/04
6,807,276 09/871,702 10/19/04
6,807,283 10/282,082 10/19/04
6,807,293 09/681,399 10/19/04
6,807,307 09/874,417 10/19/04
6,807,342 10/096,541 10/19/04
6,807,349 09/946,712 10/19/04
6,807,354 10/293,927 10/19/04
6,807,360 09/806,233 10/19/04
6,807,379 09/874,119 10/19/04
6,807,403 09/866,734 10/19/04
6,807,413 09/717,404 10/19/04
6,807,432 09/924,775 10/19/04
6,807,434 09/264,769 10/19/04
6,807,435 09/785,315 10/19/04
6,807,438 10/049,675 10/19/04
6,807,444 10/050,307 10/19/04
6,807,462 10/204,195 10/19/04
6,807,467 10/342,280 10/19/04
6,807,473 10/409,861 10/19/04
6,807,481 10/269,959 10/19/04
6,807,491 09/943,579 10/19/04
6,807,509 10/309,639 10/19/04
6,807,516 10/628,353 10/19/04
6,807,530 09/129,826 10/19/04
6,807,582 09/558,435 10/19/04
6,807,583 10/007,211 10/19/04
6,807,586 10/045,798 10/19/04
6,807,589 10/062,263 10/19/04
6,807,591 10/318,148 10/19/04
6,807,606 09/740,404 10/19/04
6,807,647 09/945,627 10/19/04
6,807,657 10/199,331 10/19/04
6,807,669 10/182,738 10/19/04
| Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 11/10/2008 |
Patents Reinstated Due to the Acceptance of a
Late Maintenance Fee from 11/10/2008
Patent Application Filing Issue Granted
Number Number Date Date Date
5,365,578 07/962,485 10/15/92 11/15/94 11/13/08
5,474,362 08/197,223 02/16/94 12/12/95 11/10/08
5,509,753 08/343,186 11/22/94 04/23/96 11/10/08
5,525,274 08/267,252 06/29/94 06/11/96 11/10/08
5,525,284 08/450,906 05/26/95 06/11/96 11/14/08
5,528,190 08/316,958 10/03/94 06/18/96 11/10/08
5,538,531 08/177,910 01/06/94 07/23/96 11/13/08
5,590,911 08/565,233 11/30/95 01/07/97 11/10/08
5,832,447 08/248,459 05/24/94 11/03/98 11/14/08
5,842,292 08/818,968 03/14/97 12/01/98 11/13/08
5,998,417 08/468,065 06/06/95 12/07/99 11/11/08
6,044,157 08/815,404 03/10/97 03/28/00 11/11/08
6,112,772 08/954,035 10/20/97 09/05/00 11/14/08
6,114,571 09/155,442 11/02/98 09/05/00 11/11/08
6,119,939 09/111,476 07/08/98 09/19/00 11/13/08
6,129,544 09/339,052 06/23/99 10/10/00 11/11/08
6,537,071 09/915,961 07/27/01 03/25/03 11/12/08
6,622,549 09/367,141 10/28/99 09/23/03 11/14/08
6,688,800 09/841,574 04/24/01 02/10/04 11/13/08
6,729,468 10/401,851 03/28/03 05/04/04 11/13/08
6,761,089 10/369,382 02/19/03 07/13/04 11/13/08
6,785,427 09/665,917 09/20/00 08/31/04 11/15/08
6,787,691 10/146,707 05/14/02 09/07/04 11/13/08
6,790,191 09/437,854 11/10/99 09/14/04 11/12/08
6,794,438 09/978,302 10/17/01 09/21/04 11/12/08
| Reissue Applications Filed |
Reissue Applications Filed
Notice under 37 CFR 1.11(b). The reissue applications listed below
are open to public inspection by the general public through the Image
File Wrapper (IFW) system (http://portal.uspto.gov/external/portal/pair)
on the USPTO internet web site (www.uspto.gov), and copies may be
obtained by paying the fee therefor (37 CFR 1.19).
D. 526,476, Re. S.N. 29/321,921, Jul. 25, 2008, Cl./Sub D03/005,
PARASOL, Kathy Browne, Owner of Record: Inventor, Attorney or Agent:
Stephanie D. Jones, Ex. Gp: 2914
6,583,844, Re. S.N. 12/185,317, Aug. 04, 2008, Cl./Sub 349/149,
LIQUID CRYSTAL DISPLAY DEVICE, Yasuyuki Mishima, et al., Owner of Record:
Hitachi, Ltd., Tokyo, Japan, Attorney or Agent: Melvin Kraus, Ex. Gp:
2871
6,595,993, Re. S.N. 11/872,967, Oct. 16, 2007, Cl./Sub 606/071,
MEDIAL CONNECTION OF A VERTEBRAL SUPPORT, Cosimo Donno, et al., Owner of
Record: Zimmer Spine, Inc., Minneapolis, MN, Attorney or Agent: Jason Wade
Burgmaier, Ex. Gp: 3763
6,732,228, Re. S.N.: 11/429,636, May 4, 2006, Cl.: 711/108,
MULTI-PROTOCOL DATA CLASSIFICATION USING ON-CHIP CAM, Richard Willardson,
Owner of Record: Null Networks LLC, Las Vegas, NV, Attorney or Agent:
James J. Namiki, Ex. Gp.: 2188
6,856,787, Re. S.N. 12/266,713, Nov. 07, 2008, Cl./Sub 455/428,
WIRELESS COMMUNICATIONS SYSTEMS AND METHODS USING SATELLITE-LINKED REMOTE
TERMINAL INTERFACE SUBSYSTEMS, Peter D. Karabinis, Owner of Record: ATC
Technologies, LLC, Reston, VA, Attorney or Agent: Robert M. Meeks,
Ex. Gp: 2617
6,894,616, Re. S.N.: 11/804,715, May 17, 2007, CL: 340/572.800,
PIEZO-ELECTRIC TAG, Inventors: Ian J. Forster, Owner of Record: Mineral
Lassen, LLC, Attorney or Agent: Kevan L. Morgan, Ex. GP.: 2612
6,985,594, Re. S.N. 11/972,564, Jan. 10, 2008, Cl. 341/118, VOICE-TO-
REMAINING AUDIO (VRA) INTERACTIVE HEARING AID AND AUXILIARY EQUIPMENT,
Michael A. Vaudrey et. al., Owner of Record: AKIBA ELECTRONICS INSTITUTE
LLC., Attorney or Agent: Chum M. Ng, Ex. Gp.: 2819
7,020,436, Re. S.N. 12/058,381, Mar. 28, 2008, Cl. 455/011, DISCRETE
POWER LEVEL CODING FOR INDICATING UPLINK MOBILE RECEIVE LEVEL IN A WIRELESS
REPEATER SYSTEM, Thomas Schmutz, Owner of Record: Treble Investments Limited
Company, Wilmington, DE, Attorney or Agent: Richard E. Kurtz, Ex. Gp.: 2618
7,053,071, Re. S.N.: 12/179,865, July 25, 2008, CL: 514/357.000,
INDUCTION OF APOPTOSIS IN CANCER, Marcia Dawson, et al., Owner of Record:
OREGON STATE UNIVERSITY, THE BURNHAM INSTITUTE, SRI INTERNATIONAL,
MOLECULAR MEDICAL RESEARCH INSTITUTE, DEPARTMENT OF VETERANS AFFAIRS,
WAYNE STATE UNIVERSITY, Attorney or Agent: Clark G. Sullivan,
Ex. GP.: 1614
7,105,159, Re. S.N. 12/283,636, Sep. 12, 2008, Cl./Sub 424/138,
ANTIBODIES TO PROSTATE-SPECIFIC MEMBRANE ANTIGEN, Ron S. Israeli, et al.,
Owner of Record: Sloan-Kettering Institute for Cancer Research, New York,
NY, Attorney or Agent: John P. White, Ex. Gp: 1647
7,106,279, Re. S.N. 12/230,256, Aug. 26, 2008, Cl. 345/067, DISPLAY
SUBSTRATE, ELECTRO-OPTICAL DEVICE, AND ELECTRONIC APPARATUS, Hiroshi
Hirayama et. al., Owner of Record: SEIKO EPSON CORPORATION, Attorney or
Agent: James A. Oliff, Ex. Gp.: 2629
7,132,701, Re. S.N. 12/266,739, Nov. 07, 2008, Cl./Sub 257/198, CONTACT
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 81 |
METHOD FOR THIN SILICON CARBIDE EPOTAXIAL LAYER AND SEMICONDUCTOR DEVICES
FORMED BY THOSE METHODS, Martin E. Kordesch, et al., Owner of Record:
Fairchild Semiconductor Corporation, South Portland, ME, Attorney or Agent:
Thomas R. FitzGerald, Ex. Gp: 2815
7,293,443, Re. S.N. 12/216,381, Jul. 02, 2008, Cl./Sub 072/097,
METHOD FOR MANUFACTURING SEAMLESS PIPES OR TUBES, Chihiro Hayashi, Owner
of Record: Sumitomo Metal Industries, Ltd., Osaka, Japan, Attorney or
Agent: Christopher W. Brody, Ex. Gp: 3725
7,340,549, Re. S.N. 12/220,431, Jul. 24, 2008, Cl. 710/001, STORAGE
ROUTER AND METHOD FOR PROVIDING VIRTUAL LOCAL STORAGE, Geoffrey B. Hoese,
et al., Owner of Record: Crossroads Systems, Inc., Austin, TX, Attorney
or Agent: John L. Adair, Ex. Gp.: 2182
7,393,430, Re. S.N. 12/286,518, Sept. 30, 2008, Cl. 156/552, PACKAGING
TAPE AND DISPENSING TAPE GUN SYSTEM, Justin R. Herman, Owner of Record:
INVENTOR, Attorney or Agent: John D. Gugliotta, Ex. Gp.: 1791
| Requests for Ex Parte Reexamination Filed |
Requests for Ex Parte Reexamination Filed
5,414,154, Reexam. C.N. 90/009,309, Requested Date: Oct. 24, 2008,
Cl. 606/195, Title: EXPANDABLE STENTS, Inventor: Lilip Lau et al.,
Owners of Record: Advanced Cardiovascular Systems, Inc., Santa Clara, CA,
Attorney of Agent: Fulwider Patton, LLP, Los Angeles, CA, Ex. Gp.: 3993,
Requester: Jack S. Barufka, Pillsbury Winthrop Shaw Pittman, LLP,
McLean, VA
5,417,691, Reexam. C.N. 90/009,307, Requested Date: Oct. 22, 2008,
Cl. 606/072, Title: APPARATUS AND METHOD FOR MANIPULATING AND ANCHORING
TISSUE, Inventor: John O. Hayhurst, Owners of Record: John O. Hayhurst,
Milwaukie, OR, Attorney or Agent: Hancock Hughey, LLP, Portland, OR,
Ex. Gp.: 3993, Requester: Stephen A. Soffen, Dickstein Shapiro, LLP,
Washington, DC
5,438,518, Reexam. C.N. 90/010,326, Requested Date: Oct. 27, 2008,
Cl. 473/407, Title: PLAYER POSITIONING AND DISTANCE FINDING SYSTEM,
Inventor: Joseph A. Bianco et al., Owners of Record: GPS Industries, Inc.,
Surrey, Canada, Attorney or Agent: Fitch Even Tabin and Flannery, Chicago,
IL, Ex. Gp.: 3993, Requester: Kyle Turley, Mintz Levin Cohn Ferris Glovsky
and Popeo, PC, Boston, MA
5,544,360, Reexam. C.N. 90/010,325, Requested Date: Oct. 24, 2008,
Cl. 707/1, Title: METHOD FOR ACCESSING COMPUTER FILES AND DATA USING LINKED
CATEGORIES ASSIGNED TO EACH DATA FILE RECORD ON ENTRY OF THE DATA FILE
RECORD, Inventor: Jerzy Lewak et al., Owners of Record: Speedtrack, Inc.,
Los Angeles, CA, Attorney or Agent: Speedtrack, Inc., Solana Beach, CA,
Ex. Gp.: 3993, Requester: Endeca Technologies, Inc., Cambridge, MA, Erik
Saarmaa, Proskauer Rose, LLP, Boston, MA
6,047,530, Reexam. C.N. 90/009,308, Requested Date: Oct. 21, 2008,
Cl. 056/6, Title: GANG-TYPE ROTARY LAWN MOWER, Inventor: Richard D. Bednar,
Owners of Record: Textron Innovations, Inc., Providence, RI, Attorney or
Agent: Harness Dickey & Pierce, PLC, Bloomfield Hills, MI, Ex. Gp.: 3993,
Requester: The Toro Company, Bloomington, MN, James W. Miller, Minneapolis,
MN
6,247,011, Reexam. C.N. 90/009,315, Requested Date: Oct. 29, 2008,
Cl. 707/530, Title: COMPUTERIZED PREPRESS AUTHORING FOR DOCUMENT CREATION,
Inventor: Steven Jecha et al., Owners of Record: Vistaprint Technologies
Limited, Bermuda, Attorney or Agent: Vistaprint USA Inc., Waltham, MA,
Ex. Gp.: 3992, Requester: Kent J. Sieffert, Shumaker & Sieffert, PA,
Woodbury, MN
6,275,821, Reexam. C.N. 90/009,316, Requested Date: Oct. 28, 2008,
Cl. 707/3, Title: METHOD AND SYSTEM FOR EXECUTING A GUIDED PARAMETRIC
SEARCH, Inventor: Mohamed Sherif Danish et al., Owners of Record:
Partsriver Inc., Menlo Park, CA, Attorney or Agent: Gibson Dunn & Crutcher,
LLP, Denver, CO, Ex. Gp.: 3992, Requester: Edwin H. Taylor, Blakely
Sokoloff Taylor & Zafmann, LLP, Sunnyvale, CA
6,488,694, Reexam. C.N. 90/009,312, Requested Date: Oct. 29, 2008,
Cl. 606/194, Title: STENT DELIVERY SYSTEM, Inventor: Lilip Lau et al.,
Owners of Record: Advanced Cardiovascular Systems, Inc., Santa Clara, CA,
Attorney or Agent: Fulwider Patton, LLP, Los Angeles, CA, Ex. Gp.: 3993,
Requester: Kevin W. McCabe, Esq., Sterne Kessler Goldstein & Fox, PLLC,
Washington, DC
6,527,789, Reexam. C.N. 90/009,311, Requested Date: Oct. 29, 2008,
Cl. 606/194, Title: STENT DELIVERY SYSTEM, Inventor: Lilip Lau et al.,
Owners of Record: Advanced Cardiovascular Systems, Inc., Santa Clara, CA,
Attorney or Agent: Fulwider Patton, LLP, Los Angeles, CA, Ex. Gp.: 3993,
Requester: Kevin W. McCabe, Esq., Sterne Kessler Goldstein & Fox, PLLC,
Washington, DC
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 83 |
7,085,566, Reexam. C.N. 90/010,327, Requested Date: Oct. 31, 2008,
Cl. 455/426, Title: DATA EXCHANGE SYSTEM WITH A MOBILE COMPONENT TO CONTROL
CONSUMER, Inventor: Bernd Burchard et al., Owners of Record: Siemens
Aktiengesellschaft, Muenchen, Germany, Attorney or Agent: Bell Boyd & Lloyd,
LLP, Chicago, IL, Ex. Gp.: 3992, Requester: Philip Kirkpatrick, Crestron
Electronics, Inc., Rockleigh, NJ
7,291,182, Reexam. C.N. 90/009,310, Requested Date: Nov. 03, 2008,
Cl. 623/037, Title: GEL AND CUSHIONING DEVICES, Inventor: Bruce G. Kania,
Owners of Record: The Ohio Willow Wood Company, Mt. Sterling, OH, Attorney
or Agent: Standley Law Group, LLP, Dublin, OH, Ex. Gp.: 3993, Requester:
Dr. Aldo A. Laghi, c/o Ronald A. Christaldi, Tampa, FL
7,348,643, Reexam. C.N. 90/010,328, Requested Date: Oct. 31, 2008,
Cl. 257/362, Title: SEMICONDUCTOR DUAL GUARDRING ARRANGEMENT, Inventor:
Gianluca Boselli et al., Owners of Record: Texas Instruments Incorporated,
Dallas, TX, Attorney or Agent: Texas Instruments Incorporated, Dallas, TX,
Ex. Gp.: 3992, Requester: Patent Owner
| Requests for Inter Partes Reexamination Filed |
Requests for Inter Partes Reexamination Filed
6,654,400, Reexam. C.N. 95/000,406, Requested Date: Oct. 20, 2008,
Cl. 372/050, Title: METHOD OF MAKING A TUNABLE LASER SOURCE WITH INTEGRATED
OPTICAL AMPLIFIER, Inventor: Thomas Beck Mason et al., Owners of Record:
JDS Uniphase Corporation, Milpitas, CA, Attorney or Agent: Gates & Cooper,
LLP, Los Angeles, CA, Ex. Gp.: 3992, Requester: Third Party Requester:
Syntune AB, Sweden; (Att'y Is: Bing Ai, Fish & Richardson, PC, Minneapolis,
MN), Real Party in Interest: Same As Third Party Requester
6,835,887, Reexam. C.N. 95/000,408, Requested Date: Oct. 27, 2008,
Cl. 084/743, Title: METHODS AND APPARATUS FOR PROVIDING AN INTERACTIVE
MUSICAL GAME, Inventor: John R. Devecka, Owners of Record: Activision
Publishing, Inc., Santa Monica, CA, Attorney or Agent: Pillsbury Winthrop
Shaw Pittman, LLP, McLean, VA, Ex. Gp.: 3992, Requester: Third Party
Requester: 745 LLC; (Att'y Is: Timothy M. Murphy, Broomberg & Sunstein,
LLP, Boston, MA), Real Party in Interest: Same As Third Party Requester
7,140,443, Reexam. C.N. 95/000,407, Requested Date: Oct. 21, 2008,
Cl. 166/380, Title: PIPE HANDLING DEVICE, METHOD AND SYSTEM, Inventor:
K. Evert Beierbach et al., Owners of Record: Tesco Corporation, Alberta,
Canada, Attorney or Agent: Bennett Jones, LLP, Alberta, Canada, Ex. Gp.:
3993, Requester: Third Party Requester: Weatherford International, Inc.;
(Att'y Is: Paul E. Krieger, Morgan Lewis & Bockius, LLP, Washington, DC),
Real Party in Interest: Same As Third Party Requester
7,332,225, Reexam. C.N. 95/001,092, Requested Date: Oct. 24, 2008,
Cl. 428/425.6, Title: BONDED VEHICULAR GLASS ASSEMBLIES UTILIZING TWO-
COMPONENT URETHANES ADHESIVE, Inventor: Jeffrey A. Lewno, Owners of Record:
Magna Donnelly Corporation, Holland, MI, Attorney or Agent: Van Dyke Gardner
Linn & Burkhart, LLP, Grand Rapids, MI, Ex. Gp.: 3991, Requester: Third
Party Requester: Pilkington North America, Inc.; (Att'y Is: Dion R.
Fersugon, Sughrue Mion PLLC, Washington, DC), Real Party in Interest:
Same As Third Party Requester
| Notice of Expiration of Trademark Registrations Due to Failure to Renew |
Notice of Expiration of Trademark Registrations
Due to Failure to Renew
15 U.S.C. 1059 provides that each trademark registration may be
renewed for periods of ten years from the end of the expiring period
upon payment of the prescribed fee and the filing of an acceptable
application for renewal. This may be done at any time within one year
before the expiration of the period for which the registration was
issued or renewed, or it may be done within six months after such
expiration on payment of an additional fee.
According to the records of the Office, the trademark registrations
listed below are expired due to failure to renew in accordance with 15
U.S.C. 1059.
TRADEMARK REGISTRATIONS WHICH EXPIRED
November 14, 2008
DUE TO FAILURE TO RENEW
Reg. Number Serial Number Reg. Date
238,453 71/253,131 02/07/1928
238,512 71/254,368 02/07/1928
238,535 71/256,216 02/07/1928
354,205 71/390,380 02/08/1938
354,304 71/397,052 02/08/1938
354,308 71/397,107 02/08/1938
354,380 71/398,180 02/08/1938
436,487 71/516,023 02/10/1948
436,490 71/516,113 02/10/1948
436,491 71/516,491 02/10/1948
436,519 71/518,635 02/10/1948
436,574 71/524,953 02/10/1948
658,366 72/013,344 02/11/1958
658,183 72/020,255 02/11/1958
658,193 72/021,639 02/11/1958
658,296 72/021,760 02/11/1958
658,322 72/024,996 02/11/1958
658,323 72/026,807 02/11/1958
658,173 72/026,970 02/11/1958
658,261 72/029,766 02/11/1958
658,330 72/031,424 02/11/1958
658,215 72/031,439 02/11/1958
658,232 72/031,454 02/11/1958
658,264 72/032,038 02/11/1958
843,932 72/193,306 02/13/1968
843,965 72/232,784 02/13/1968
844,000 72/237,113 02/13/1968
844,326 72/244,101 02/13/1968
844,060 72/245,465 02/13/1968
843,979 72/248,426 02/13/1968
844,298 72/248,927 02/13/1968
844,121 72/249,348 02/13/1968
844,122 72/249,879 02/13/1968
844,078 72/251,516 02/13/1968
843,933 72/251,754 02/13/1968
844,094 72/252,438 02/13/1968
844,123 72/252,509 02/13/1968
844,299 72/254,285 02/13/1968
844,308 72/255,621 02/13/1968
843,913 72/255,818 02/13/1968
844,219 72/256,775 02/13/1968
844,243 72/257,118 02/13/1968
844,220 72/258,044 02/13/1968
844,126 72/258,265 02/13/1968
843,922 72/259,998 02/13/1968
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 86 |
844,199 72/260,325 02/13/1968
844,206 72/260,447 02/13/1968
844,291 72/260,540 02/13/1968
844,292 72/260,541 02/13/1968
844,045 72/261,192 02/13/1968
844,260 72/261,334 02/13/1968
843,969 72/261,687 02/13/1968
844,013 72/262,581 02/13/1968
844,054 72/262,711 02/13/1968
844,200 72/263,073 02/13/1968
844,157 72/264,113 02/13/1968
844,201 72/264,230 02/13/1968
844,202 72/264,231 02/13/1968
844,203 72/264,232 02/13/1968
843,974 72/264,641 02/13/1968
844,173 72/265,213 02/13/1968
844,282 72/265,485 02/13/1968
844,016 72/265,544 02/13/1968
844,227 72/265,704 02/13/1968
843,993 72/265,973 02/13/1968
843,994 72/265,974 02/13/1968
843,945 72/266,029 02/13/1968
844,158 72/266,356 02/13/1968
844,135 72/267,034 02/13/1968
844,194 72/268,301 02/13/1968
844,283 72/270,058 02/13/1968
844,271 72/276,274 02/13/1968
844,272 72/276,277 02/13/1968
844,069 72/277,002 02/13/1968
844,286 72/279,146 02/13/1968
844,102 72/280,367 02/13/1968
1,085,056 73/067,380 02/07/1978
1,084,704 73/068,325 02/07/1978
1,084,688 73/068,327 02/07/1978
1,084,689 73/068,328 02/07/1978
1,084,414 73/076,439 02/07/1978
1,084,510 73/085,024 02/07/1978
1,084,543 73/086,745 02/07/1978
1,084,513 73/096,521 02/07/1978
1,084,959 73/097,713 02/07/1978
1,084,620 73/101,249 02/07/1978
1,084,520 73/108,283 02/07/1978
1,084,571 73/108,799 02/07/1978
1,084,574 73/113,054 02/07/1978
1,085,097 73/116,199 02/07/1978
1,084,919 73/118,297 02/07/1978
1,084,530 73/119,332 02/07/1978
1,084,531 73/120,131 02/07/1978
1,084,534 73/121,197 02/07/1978
1,085,051 73/121,753 02/07/1978
1,084,623 73/121,817 02/07/1978
1,084,976 73/123,677 02/07/1978
1,085,155 73/123,803 02/07/1978
1,084,449 73/124,631 02/07/1978
1,113,121 73/125,108 02/13/1979
1,084,450 73/125,921 02/07/1978
1,084,464 73/126,030 02/07/1978
1,084,778 73/126,031 02/07/1978
1,084,630 73/126,297 02/07/1978
1,084,634 73/126,501 02/07/1978
1,084,436 73/132,549 02/07/1978
1,084,653 73/133,239 02/07/1978
1,085,111 73/133,453 02/07/1978
1,084,905 73/133,554 02/07/1978
1,084,820 73/133,627 02/07/1978
1,084,500 73/134,128 02/07/1978
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 87 |
1,084,487 73/134,211 02/07/1978
1,084,502 73/134,396 02/07/1978
1,084,459 73/135,053 02/07/1978
1,475,653 73/464,909 02/09/1988
1,475,566 73/466,118 02/09/1988
1,475,655 73/509,768 02/09/1988
1,476,285 73/517,141 02/09/1988
1,475,656 73/521,280 02/09/1988
1,475,978 73/528,996 02/09/1988
1,476,247 73/542,876 02/09/1988
1,476,287 73/543,816 02/09/1988
1,476,401 73/554,715 02/09/1988
1,476,368 73/560,574 02/09/1988
1,475,661 73/562,359 02/09/1988
1,475,624 73/563,146 02/09/1988
1,476,171 73/563,598 02/09/1988
1,475,662 73/564,068 02/09/1988
1,475,663 73/564,295 02/09/1988
1,476,249 73/568,757 02/09/1988
1,476,289 73/578,213 02/09/1988
1,475,960 73/580,452 02/09/1988
1,475,665 73/581,263 02/09/1988
1,475,870 73/583,698 02/09/1988
1,475,668 73/585,451 02/09/1988
1,476,290 73/585,489 02/09/1988
1,475,669 73/586,721 02/09/1988
1,475,670 73/588,383 02/09/1988
1,475,671 73/592,642 02/09/1988
1,476,058 73/593,861 02/09/1988
1,475,809 73/597,204 02/09/1988
1,475,822 73/598,037 02/09/1988
1,475,982 73/602,087 02/09/1988
1,475,983 73/602,250 02/09/1988
1,475,675 73/602,767 02/09/1988
1,475,561 73/603,432 02/09/1988
1,475,984 73/607,038 02/09/1988
1,475,677 73/607,923 02/09/1988
1,475,823 73/609,300 02/09/1988
1,476,060 73/609,589 02/09/1988
1,475,679 73/611,711 02/09/1988
1,475,680 73/611,747 02/09/1988
1,475,824 73/613,078 02/09/1988
1,475,633 73/614,552 02/09/1988
1,476,148 73/615,752 02/09/1988
1,476,149 73/617,205 02/09/1988
1,475,987 73/619,106 02/09/1988
1,475,683 73/619,233 02/09/1988
1,475,684 73/619,483 02/09/1988
1,476,295 73/620,052 02/09/1988
1,475,845 73/620,737 02/09/1988
1,476,228 73/622,094 02/09/1988
1,476,151 73/623,442 02/09/1988
1,475,947 73/623,778 02/09/1988
1,475,948 73/623,781 02/09/1988
1,475,688 73/623,967 02/09/1988
1,475,955 73/624,181 02/09/1988
1,475,988 73/625,062 02/09/1988
1,475,878 73/625,244 02/09/1988
1,475,691 73/626,101 02/09/1988
1,475,693 73/626,699 02/09/1988
1,475,811 73/628,399 02/09/1988
1,475,698 73/628,996 02/09/1988
1,476,180 73/629,190 02/09/1988
1,476,100 73/629,279 02/09/1988
1,475,879 73/629,281 02/09/1988
1,475,704 73/630,402 02/09/1988
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 88 |
1,475,602 73/630,425 02/09/1988
1,475,707 73/631,496 02/09/1988
1,476,381 73/632,366 02/09/1988
1,476,212 73/633,518 02/09/1988
1,476,256 73/633,924 02/09/1988
1,475,576 73/634,248 02/09/1988
1,475,850 73/634,974 02/09/1988
1,475,949 73/635,073 02/09/1988
1,476,404 73/635,445 02/09/1988
1,476,303 73/635,459 02/09/1988
1,475,577 73/635,568 02/09/1988
1,476,113 73/635,713 02/09/1988
1,475,882 73/635,853 02/09/1988
1,476,064 73/636,009 02/09/1988
1,476,396 73/636,528 02/09/1988
1,476,065 73/637,751 02/09/1988
1,475,594 73/637,976 02/09/1988
1,475,719 73/640,636 02/09/1988
1,476,155 73/641,243 02/09/1988
1,475,722 73/642,639 02/09/1988
1,476,386 73/642,674 02/09/1988
1,476,116 73/644,544 02/09/1988
1,475,723 73/644,785 02/09/1988
1,476,387 73/645,075 02/09/1988
1,475,851 73/645,427 02/09/1988
1,475,927 73/645,803 02/09/1988
1,475,813 73/645,809 02/09/1988
1,476,117 73/645,992 02/09/1988
1,476,260 73/646,716 02/09/1988
1,475,887 73/646,903 02/09/1988
1,475,999 73/646,916 02/09/1988
1,475,889 73/646,982 02/09/1988
1,475,890 73/646,983 02/09/1988
1,475,725 73/647,538 02/09/1988
1,476,134 73/647,707 02/09/1988
1,476,313 73/648,586 02/09/1988
1,476,261 73/648,606 02/09/1988
1,476,130 73/648,975 02/09/1988
1,476,119 73/649,237 02/09/1988
1,476,000 73/649,723 02/09/1988
1,476,156 73/649,860 02/09/1988
1,476,184 73/651,787 02/09/1988
1,476,317 73/652,528 02/09/1988
1,476,137 73/653,805 02/09/1988
1,476,384 73/654,140 02/09/1988
1,476,008 73/654,394 02/09/1988
1,475,961 73/655,219 02/09/1988
1,475,729 73/655,549 02/09/1988
1,475,641 73/655,602 02/09/1988
1,475,545 73/655,646 02/09/1988
1,475,564 73/655,795 02/09/1988
1,476,185 73/656,132 02/09/1988
1,476,120 73/656,416 02/09/1988
1,475,546 73/656,474 02/09/1988
1,475,893 73/656,756 02/09/1988
1,475,939 73/658,393 02/09/1988
1,476,320 73/658,425 02/09/1988
1,475,814 73/658,687 02/09/1988
1,475,732 73/658,797 02/09/1988
1,475,738 73/658,896 02/09/1988
1,475,894 73/659,117 02/09/1988
1,476,264 73/659,539 02/09/1988
1,476,186 73/661,205 02/09/1988
1,475,743 73/661,327 02/09/1988
1,475,607 73/661,331 02/09/1988
1,476,324 73/661,846 02/09/1988
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 89 |
1,475,642 73/662,026 02/09/1988
1,475,608 73/662,173 02/09/1988
1,475,548 73/662,208 02/09/1988
1,475,895 73/662,235 02/09/1988
1,475,897 73/662,549 02/09/1988
1,476,017 73/663,049 02/09/1988
1,475,549 73/663,288 02/09/1988
1,476,327 73/663,702 02/09/1988
1,476,328 73/664,149 02/09/1988
1,476,191 73/664,230 02/09/1988
1,476,330 73/664,425 02/09/1988
1,476,192 73/664,538 02/09/1988
1,476,233 73/664,612 02/09/1988
1,475,929 73/664,880 02/09/1988
1,475,596 73/664,882 02/09/1988
1,476,021 73/664,923 02/09/1988
1,476,193 73/665,403 02/09/1988
1,476,335 73/665,474 02/09/1988
1,476,162 73/665,644 02/09/1988
1,475,552 73/665,672 02/09/1988
1,475,904 73/665,686 02/09/1988
1,476,235 73/665,753 02/09/1988
1,476,195 73/665,764 02/09/1988
1,476,272 73/665,812 02/09/1988
1,476,197 73/665,819 02/09/1988
1,475,626 73/665,940 02/09/1988
1,475,755 73/666,135 02/09/1988
1,476,343 73/666,169 02/09/1988
1,476,131 73/666,318 02/09/1988
1,476,164 73/666,400 02/09/1988
1,475,853 73/666,443 02/09/1988
1,475,759 73/666,450 02/09/1988
1,476,346 73/666,460 02/09/1988
1,476,348 73/666,551 02/09/1988
1,475,760 73/666,615 02/09/1988
1,475,762 73/666,675 02/09/1988
1,476,225 73/666,693 02/09/1988
1,475,854 73/666,716 02/09/1988
1,476,385 73/666,870 02/09/1988
1,476,031 73/667,018 02/09/1988
1,476,032 73/667,019 02/09/1988
1,475,768 73/667,065 02/09/1988
1,476,200 73/667,223 02/09/1988
1,475,770 73/667,255 02/09/1988
1,476,239 73/667,348 02/09/1988
1,476,354 73/667,352 02/09/1988
1,475,969 73/667,407 02/09/1988
1,476,356 73/667,510 02/09/1988
1,476,275 73/667,576 02/09/1988
1,475,772 73/667,760 02/09/1988
1,475,631 73/667,849 02/09/1988
1,475,907 73/667,854 02/09/1988
1,475,908 73/668,071 02/09/1988
1,475,781 73/668,235 02/09/1988
1,476,357 73/668,349 02/09/1988
1,475,910 73/668,403 02/09/1988
1,476,246 73/668,444 02/09/1988
1,476,084 73/668,464 02/09/1988
1,475,959 73/668,466 02/09/1988
1,475,784 73/668,478 02/09/1988
1,475,785 73/668,481 02/09/1988
1,475,787 73/668,499 02/09/1988
1,476,206 73/668,516 02/09/1988
1,475,932 73/668,530 02/09/1988
1,475,584 73/668,650 02/09/1988
1,475,557 73/668,656 02/09/1988
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 90 |
1,476,377 73/668,916 02/09/1988
1,476,037 73/668,930 02/09/1988
1,476,038 73/668,936 02/09/1988
1,476,039 73/668,937 02/09/1988
1,475,615 73/669,100 02/09/1988
1,476,207 73/669,114 02/09/1988
1,476,091 73/669,143 02/09/1988
1,475,559 73/669,296 02/09/1988
1,476,208 73/669,433 02/09/1988
1,476,362 73/669,454 02/09/1988
1,475,794 73/669,538 02/09/1988
1,475,647 73/669,550 02/09/1988
1,476,209 73/669,593 02/09/1988
1,476,044 73/669,760 02/09/1988
1,476,095 73/669,789 02/09/1988
1,476,219 73/670,030 02/09/1988
1,475,916 73/670,146 02/09/1988
1,475,859 73/670,237 02/09/1988
1,475,972 73/670,285 02/09/1988
1,475,650 73/670,305 02/09/1988
1,475,918 73/670,317 02/09/1988
1,476,283 73/670,356 02/09/1988
1,475,919 73/670,535 02/09/1988
1,475,920 73/670,611 02/09/1988
1,475,803 73/670,781 02/09/1988
1,475,922 73/670,793 02/09/1988
1,475,923 73/670,794 02/09/1988
1,475,942 73/671,483 02/09/1988
1,475,807 73/671,654 02/09/1988
1,476,051 73/672,193 02/09/1988
1,475,864 73/672,444 02/09/1988
2,135,130 74/249,309 02/10/1998
2,136,055 74/276,986 02/10/1998
2,136,072 74/497,448 02/10/1998
2,136,077 74/523,236 02/10/1998
2,135,139 74/537,703 02/10/1998
2,136,334 74/555,398 02/10/1998
2,136,335 74/566,489 02/10/1998
2,135,141 74/567,987 02/10/1998
2,135,147 74/605,905 02/10/1998
2,136,091 74/621,100 02/10/1998
2,136,100 74/649,730 02/10/1998
2,136,106 74/674,368 02/10/1998
2,136,107 74/677,190 02/10/1998
2,135,162 74/678,905 02/10/1998
2,136,112 74/688,059 02/10/1998
2,136,113 74/689,988 02/10/1998
2,136,114 74/691,748 02/10/1998
2,136,117 74/701,982 02/10/1998
2,136,124 74/722,979 02/10/1998
2,136,342 74/726,899 02/10/1998
2,136,132 74/732,313 02/10/1998
2,136,135 74/734,847 02/10/1998
2,136,343 74/736,696 02/10/1998
2,135,185 75/000,299 02/10/1998
2,136,136 75/000,620 02/10/1998
2,136,143 75/004,093 02/10/1998
2,135,189 75/007,919 02/10/1998
2,135,190 75/009,054 02/10/1998
2,136,153 75/009,939 02/10/1998
2,136,155 75/010,525 02/10/1998
2,135,193 75/015,766 02/10/1998
2,135,201 75/021,003 02/10/1998
2,136,170 75/028,150 02/10/1998
2,136,172 75/034,688 02/10/1998
2,136,184 75/051,401 02/10/1998
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 91 |
2,136,185 75/052,753 02/10/1998
2,135,230 75/055,375 02/10/1998
2,135,234 75/061,893 02/10/1998
2,136,196 75/065,866 02/10/1998
2,136,198 75/068,058 02/10/1998
2,136,204 75/073,806 02/10/1998
2,136,210 75/077,536 02/10/1998
2,136,212 75/078,433 02/10/1998
2,136,215 75/082,529 02/10/1998
2,135,254 75/083,510 02/10/1998
2,135,257 75/086,929 02/10/1998
2,135,268 75/091,641 02/10/1998
2,135,269 75/091,996 02/10/1998
2,136,355 75/094,311 02/10/1998
2,136,232 75/100,528 02/10/1998
2,135,280 75/105,045 02/10/1998
2,135,285 75/108,141 02/10/1998
2,136,241 75/109,148 02/10/1998
2,136,358 75/115,060 02/10/1998
2,136,249 75/116,932 02/10/1998
2,135,299 75/120,502 02/10/1998
2,136,359 75/121,011 02/10/1998
2,136,258 75/121,937 02/10/1998
2,135,302 75/123,069 02/10/1998
2,136,273 75/127,881 02/10/1998
2,135,309 75/128,611 02/10/1998
2,135,322 75/134,322 02/10/1998
2,136,283 75/136,973 02/10/1998
2,135,336 75/139,667 02/10/1998
2,136,285 75/139,841 02/10/1998
2,135,354 75/146,736 02/10/1998
2,136,296 75/149,010 02/10/1998
2,135,368 75/151,000 02/10/1998
2,136,298 75/151,363 02/10/1998
2,136,300 75/152,308 02/10/1998
2,136,302 75/153,473 02/10/1998
2,136,303 75/154,216 02/10/1998
2,135,383 75/155,386 02/10/1998
2,135,386 75/156,090 02/10/1998
2,135,391 75/158,350 02/10/1998
2,135,399 75/161,807 02/10/1998
2,135,402 75/163,804 02/10/1998
2,135,404 75/164,235 02/10/1998
2,136,307 75/165,082 02/10/1998
2,135,410 75/165,593 02/10/1998
2,135,431 75/174,744 02/10/1998
2,136,368 75/176,591 02/10/1998
2,135,437 75/177,790 02/10/1998
2,135,459 75/190,605 02/10/1998
2,136,317 75/193,567 02/10/1998
2,135,480 75/199,676 02/10/1998
2,135,491 75/203,806 02/10/1998
2,135,493 75/204,840 02/10/1998
2,135,500 75/206,862 02/10/1998
2,136,375 75/207,049 02/10/1998
2,135,507 75/209,561 02/10/1998
2,135,516 75/211,825 02/10/1998
2,135,525 75/213,361 02/10/1998
2,135,534 75/216,450 02/10/1998
2,136,377 75/217,261 02/10/1998
2,135,539 75/217,360 02/10/1998
2,135,559 75/221,496 02/10/1998
2,135,565 75/221,624 02/10/1998
2,135,566 75/221,807 02/10/1998
2,135,571 75/222,388 02/10/1998
2,135,582 75/224,735 02/10/1998
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 92 |
2,135,584 75/225,305 02/10/1998
2,135,588 75/225,718 02/10/1998
2,135,595 75/226,222 02/10/1998
2,135,607 75/227,786 02/10/1998
2,135,628 75/229,527 02/10/1998
2,135,634 75/229,950 02/10/1998
2,135,637 75/229,995 02/10/1998
2,135,640 75/230,268 02/10/1998
2,135,646 75/230,540 02/10/1998
2,135,655 75/231,753 02/10/1998
2,135,659 75/231,998 02/10/1998
2,135,665 75/232,393 02/10/1998
2,135,668 75/232,612 02/10/1998
2,135,687 75/234,302 02/10/1998
2,135,692 75/234,794 02/10/1998
2,135,696 75/235,364 02/10/1998
2,135,707 75/236,537 02/10/1998
2,135,726 75/238,496 02/10/1998
2,135,757 75/242,525 02/10/1998
2,135,768 75/243,269 02/10/1998
2,135,769 75/243,366 02/10/1998
2,135,775 75/243,894 02/10/1998
2,135,778 75/244,094 02/10/1998
2,135,791 75/244,900 02/10/1998
2,135,795 75/245,231 02/10/1998
2,135,804 75/246,211 02/10/1998
2,135,809 75/246,483 02/10/1998
2,135,815 75/246,830 02/10/1998
2,135,820 75/247,287 02/10/1998
2,135,831 75/248,293 02/10/1998
2,135,836 75/248,887 02/10/1998
2,135,837 75/248,888 02/10/1998
2,135,838 75/248,889 02/10/1998
2,135,840 75/248,895 02/10/1998
2,135,841 75/248,896 02/10/1998
2,135,847 75/249,359 02/10/1998
2,135,848 75/249,383 02/10/1998
2,135,849 75/249,384 02/10/1998
2,135,852 75/249,486 02/10/1998
2,135,853 75/249,489 02/10/1998
2,135,854 75/249,490 02/10/1998
2,135,857 75/249,787 02/10/1998
2,135,860 75/250,177 02/10/1998
2,135,880 75/252,540 02/10/1998
2,135,881 75/252,708 02/10/1998
2,135,889 75/253,646 02/10/1998
2,135,903 75/254,579 02/10/1998
2,135,920 75/256,435 02/10/1998
2,135,922 75/256,524 02/10/1998
2,135,923 75/256,542 02/10/1998
2,135,933 75/257,905 02/10/1998
2,135,934 75/257,914 02/10/1998
2,135,939 75/258,161 02/10/1998
2,135,940 75/258,446 02/10/1998
2,135,959 75/264,047 02/10/1998
2,135,973 75/268,988 02/10/1998
2,135,989 75/272,976 02/10/1998
2,135,996 75/273,784 02/10/1998
2,136,003 75/275,173 02/10/1998
2,136,013 75/282,503 02/10/1998
2,136,025 75/286,288 02/10/1998
2,136,030 75/288,323 02/10/1998
2,136,048 75/975,412 02/10/1998
2,136,050 75/976,164 02/10/1998
Service by Publication
A petition to cancel the registration identified below having been filed,
and the notice of such proceeding sent to registrant at the last known
address having been returned by the Postal Service as undeliverable, notice
is hereby given that unless the registrant listed herein, its assigns or
legal representatives, shall enter an appearance within thirty days of this
publication, the cancellation will proceed as in the case of default.
NoiZe, LLC, Portland, OR, Registration No. 3083393 for the mark "NOIZE",
Cancellation No. 92049857.
AMY MATELSKI
Trademark Trial and Appeal Board, for
LYNNE G. BERESFORD
Commissioner for Trademarks
Service by Publication
A notice of opposition to the registration of the mark in the application
identified below having been filed, and the notice of such proceeding sent
to applicant at the last known address having been returned by the Postal
Service as undeliverable, notice is hereby given that unless the applicant
listed herein, its assigns or legal representatives, shall enter an
appearance within thirty days of this publication, the opposition will
proceed as in the case of default.
Simply Fresh, LLC, Staunton, VA, Serial No. 78591001 for the mark
"SIMPLY WHOLESOME", Opposition No. 91171602.
VERONICA WHITE
Trademark Trial and Appeal Board, for
LYNNE G. BERESFORD
Commissioner for Trademarks
Service by Publication
A notice of opposition to the registration of the mark in the application
identified below having been filed, and the notice of such proceeding sent
to applicant at the last known address having been returned by the Postal
Service as undeliverable, notice is hereby given that unless the applicant
listed herein, its assigns or legal representatives, shall enter an
appearance within thirty days of this publication, the opposition will
proceed as in the case of default.
PAS Enterprises, El Cajon, California, Application Serial No. 75901940 for
the mark "HOT ROD CITY", Opposition No. 91186876.
NICOLE M. THIER
Paralegal Specialist
Trademark Trial and Appeal Board, for
LYNNE G. BERESFORD
Commissioner for Trademarks
| 37 CFR 1.47 Notice by Publication |
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all of the inventors. The petition has been
granted. A notice has been sent to the last known address of the non-
signing inventor, Gary N. Hall. The inventor whose signature is missing may
join in the application by promptly filing an appropriate oath or
declaration complying with 37 CFR 1.63. The international application number
is PCT/US2006/015965 and was filed on 24 April 2006 in the names of John A.
Musa and Gary N. Hall for the invention entitled Enhanced Business and
Inventory Management System. The national stage application is assigned
number 11/919,285 and has a 35 U.S.C. 371(c)(1), (c)(2) and (c)(4) date of
03 April 2008.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application with
a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all of the inventors. The petition has been
granted. A notice has been sent to the last known addresses of the non-
signing inventors, Matthew Lawler and Theron Kotze. The inventor whose
signatures are missing may join in the application by promptly filing an
appropriate oath or declaration complying with 37 CFR 1.63. The inter-
national application number is PCT/US2005/0006414 and was filed on 28
February 2005 in the names of Paul D. Nizzere, Matthew H. Lawler, Carla
DeYoung, Chris Kuklujian, Morad Ghassemian, Theron Kotze and Timothy A.
Bearint for the invention entitled Scale. The national stage application is
assigned number 10/590,815 and has a 35 U.S.C. 371(c)(1), (C)(2) and (c)(4)
date of 19 September 2008.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Tobias Buhler) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/EP06/02493
and was filed on 17 March 2006 in the names of Tobias Buhler, Thomas
Jessenig and Radek Gancarz entitled ARRANGEMENT PROVIDED WITH A VOLTAGE
CONVERTER FOR SUPPLYING VOLTAGE TO AN ELECTRICAL CHARGE AND ASSOCIATED
METHOD. The national stage application is assigned number 11/908,723 and
has a 35 U.S.C. 371(c) date of 29 May 2008.
Registration to Practice
The following list contains the names of persons seeking for registration
to practice before the United States Patent and Trademark Office. Final
approval for registration is subject to establishing to the satisfaction of
the Director of the Office of Enrollment and Discipline that the person
seeking registration is of good moral character and repute. 37 CFR § 11.7
Accordingly, any information tending to affect the eligibility of any of the
following persons on moral, ethical, or other grounds should be furnished to
the Director of Enrollment and Discipline on or before December 27, 2008, at
the following address: Mail Stop OED, United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA 22313-1450
Breier, Adam Michael, 5405 Duke Street, Apartment 306, Alexandria, VA 22304
Brown, Thomas Alastair Dundas, 3802 NE 155th Street, Lake Forest Park,
WA 98155
Bull, Kevin Matthew, 1310 Maple Avenue, #4D, Evanston, IL 60201
Chung, Christian Min Gul, 16808 Superior Street, Northridge, CA 91343
Clarke, Marcie Beth, Lahive & Cockfield, L.L.P., One Post Office Square,
Boston, MA 02109-2127
Corbett, Ryan Mark, Sughrue Mion PLLC, 2100 Pennsylvania Avenue NW,
Washington, DC 20037
Gavin, Robert Joseph, 37951 Fleetwood, Farmington Hills, MI 48331
Gostkowski, Michael Leonard, Cox Smith Mathews Inc., 112 East Pecan Street,
Suite 1800, San Antonio, TX 78205-1521
Henwood, Matthew Charles, 802 Cleveland Street, Apt. #4222, Houston,
TX 77019
Johnstone, Oona Margaret, Wolf, Greenfield and Sacks, P.C., 600 Atlantic
Avenue, Boston, MA 02210-2206
Korsh, George Joseph, 618 Emerald Hill Road, Redwood City, CA 94061-1149
Kyle, Michael Joseph, 1001 Wilson Boulevard, Apt. 1005, Arlington, VA 22209
Lee, Myoungjin AGG Intellectual Property Law, 100 Cummings Center, Suite
454-C, Beverly, MA 01915
Lin, John Hong, 126 Colony Way, Aliso Viejo, CA 92656
Lupino, Gina Marisa, 420 Cinnaminson Avenue, Apartment 4, Palmyra,
NJ 08065
Maag, Elizebeth Marie, 344 W. Hubbard Avenue, Apartment 1, Columbus,
OH 43215
Morrell, Andrew Edward, 2726 Gallows Road, Unit 1316, Vienna, VA 22180
Psitos, Aristotelis Michael, 5637 Fort Corloran Drive, Burke, VA 22015
Sarnowski, Joseph, Gazdzinski & Associates, 11440 West Bernardo Court,
Suite 375, San Diego, CA 92127
Siddiquee, Nawshaba Maryam, Renner, Otto, Boisselle & Sklar, LLP, 1621
Euclid Avenue, 19th Floor, Cleveland, OH 44113
Skrifvars, Niclas Kurt, Pulp & Paper Technical Services, Inc., 9240 Hawks
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Cove Road, Gainesville, GA 30506
Skripnikov, Alex, 500 Dulany Street; Jefferson Building, Suite 2A78,
Alexandria, VA 22314
Stewart, Erica Michelle, 1343 Benevolent Street, Maitland, FL 32751
Takeuchi, Yoshitoshi Henry, United States Patent and Trademark Office, 400
Dulany Street, Remsen Building, Office 8B21, Alexandria, VA 22314
Wang, Xuezheng, Frommer Lawrence & Haug LLP, 745 Fifth Avenue, New York,
NY 10151
Warren, James Gordon, P.K. Schrieffer LLP, 1101 Marengo Avenue, South
Pasadena, CA 91030
Wiebusch, Landon Ewing, 800 27th Street, Apartment #18, Tuscaloosa,
AL 35401
Yarbrough III, William Clyde, Walgreens Pharmacy, 2240 North Park Drive,
Kingwood, TX 77339
Zhuo, Qi, Wyeth, 8 Wooded Hill Lane, Randolph, NJ 07869
November 12, 2008 HARRY I. MOATZ
Director of Enrollment & Discipline
| Fiscal Year 2009 Changes to Patent Cooperation Treaty Transmittal and Search Fees |
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Part 1
RIN 0651-AC28
[Docket No.: PTO-P-2008-0023]
Fiscal Year 2009
Changes to Patent Cooperation Treaty
Transmittal and Search Fees
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
SUMMARY: The United States Patent and Trademark Office (Office) is
amending the rules of practice to adjust the transmittal and search
fees for international applications filed under the Patent Cooperation
Treaty (PCT). The Office is adjusting the PCT transmittal and search
fees to recover the estimated average cost to the Office of processing
PCT international applications and preparing international search
reports and written opinions for PCT international applications.
DATES: Effective Date:
The changes to 37 CFR 1.445 are effective on January 12, 2009 and
are applicable to any international application having a receipt date
that is on or after January 12, 2009.
FOR FURTHER INFORMATION CONTACT: Boris Milef, Legal Examiner, Office of
PCT Legal Administration, Office of the Deputy Commissioner for Patent
Examination Policy, by telephone at (571) 272-3288; or by mail
addressed to: Box Comments Patents, Commissioner for Patents, P.O. Box
1450, Alexandria, VA 22313-1450.
SUPPLEMENTARY INFORMATION: The PCT enables United States applicants to
file one application (a PCT international application) in a
standardized format in English in a Receiving Office (either the United
States Patent and Trademark Office or the International Bureau of the
World Intellectual Property Organization (WIPO)) and have that application
acknowledged as a regular national or regional filing by PCT member
countries. See Manual of Patent Examining Procedure (MPEP) § 1801 (8th ed.
2001) (Rev. 7, July 2008). The primary benefit of the PCT system is the
ability to delay the expense of submitting papers and fees to the PCT
national offices. See MPEP § 1893.
The Office acts as a Receiving Office for United States residents
and nationals. See 35 U.S.C. 361(a), 37 CFR 1.412(a), and MPEP § 1801.
A Receiving Office functions as the filing and formalities review
organization for PCT international applications. See MPEP § 1801.
The Office, in its capacity as a Receiving Office, received over 50,000
PCT international applications in each of fiscal years 2006 and 2007.
The Office also acts as an International Searching Authority (ISA). See
35 U.S.C. 362(a), 37 CFR 1.413(a), and MPEP § 1840. The primary functions
of an ISA are to establish: (1) International search reports, and (2)
written opinions of the ISA. See MPEP § 1840.
The transmittal and search fees for a PCT international application
are provided for in 35 U.S.C. 376. See 35 U.S.C. 376 (the Office "may
also charge" a "transmittal fee," "search fee," "supplemental
search fee," and "any additional fees" (35 U.S.C. 376(a)), and the
"amounts of [these] fees * * * shall be prescribed by the Director"
(35 U.S.C. 376(b)). In addition, 35 U.S.C. 41(d) provides that fee
amounts set by the Office "recover the estimated average cost to the
Office of such processing, services, or materials." See 35 U.S.C.
41(d). The current PCT transmittal, search, and supplemental search
fees are set at amounts that do not recover the estimated average cost
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to the Office of performing these functions for PCT international
applications. Therefore, the Office is adjusting the PCT transmittal
fee, search fee, and supplemental search fee to recover the estimated
average cost to the Office of processing PCT international applications
and preparing international search reports and written opinions for PCT
international applications.
The Office uses an Activity Based Information (ABI) methodology to
determine the estimated average costs on a per process, service, or
material basis. The ABI analysis includes compiling the Office costs
for a specified activity, including the direct costs (e.g., direct
personnel compensation, contract services, maintenance and repairs,
communications, utilities, equipment, supplies, materials, and
training), an appropriate allocation of direct allocated costs (e.g.,
rent, program-related automation, and personnel compensation benefits
such as medical insurance and retirement), and an appropriate
allocation of indirect allocated costs (e.g., general financial and
human resource management, non-program specific automation, and general
Office expenses). The direct cost for an activity plus its direct
allocated costs and indirect allocated costs is the "fully burdened"
cost for that activity. The "fully burdened" cost for an activity is
then divided by production measures (number of that activity completed)
to arrive at the fully burdened per-unit cost for that activity. The
cost for a particular process is then determined by ascertaining which
activities occur for the process, and how often each such activity
occurs for the process.
The ABI analysis in this final rule is based upon fiscal year 2007
costs, as fiscal year 2007 is the most recent fiscal year for which
complete cost and production measure information is available. The
Office is adjusting the fiscal year 2007 cost by the change in the
Consumer Price Index for All Urban Consumers (CPI-U) between fiscal
year 2007 and fiscal year 2009 as the CPI-U is a reasonable basis for
determining the changes in Office costs between fiscal year 2007 and
fiscal year 2009. Thus, the Office will adjust the fiscal year 2007
costs by five percent to account for the increase in Office costs
between fiscal year 2007 and fiscal year 2009 to determine the
estimated fiscal year 2009 costs. The Office plans to revalidate these
costs every three to five years, and use the CPI-U as the basis for
adjustment of these fees in the intervening years as the changes in the
CPI-U is a reasonable basis for determining the year-to-year changes in
Office costs.
Finally, the fiscal year 2009 cost amounts are rounded by applying
standard arithmetic rules to the nearest five dollars for fee setting
purposes so that the resulting fee amounts will be convenient to patent
users.
The processing of PCT international applications involves the
following activities, with the fiscal year 2007 costs of the activity
per PCT international application indicated in parentheses: (1)
Application capture and initial processing ($20); (2) application
scanning ($96); (3) application formalities review ($107); and (4)
classification and security review ($7). Thus, the Office estimates
that the average fiscal year 2007 cost to the Office of processing a
PCT international application was $230. Therefore, the estimated
average fiscal year 2009 cost to the Office of processing a PCT
international application is $241 ($230 multiplied by 1.05).
Accordingly, this final rule sets the transmittal fee at $240.00.
The Office currently prepares an international search report and
written opinion for a PCT international application by one of three
methods: (1) Transcribing an Office action for a prior-filed
application under 35 U.S.C. 111(a), if possible; (2) having an Office
examiner prepare the international search report and written opinion;
and (3) acquiring the international search report and written opinion
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from a competitive source.
Obtaining an international search report and written opinion for a
PCT international application by transcribing an Office action for a
prior-filed application under 35 U.S.C. 111(a) involves having Office
personnel transcribe the Office action for the prior-filed application
into an international search report and written opinion. The Office
estimates that the average fiscal year 2007 cost to the Office of this
activity per international search report and written opinion was $218.
Acquiring the international search report and written opinion by
having an Office examiner prepare the international search report and
written opinion involves at least the following activities, with the
fiscal year 2007 costs of the activity per international search report
and written opinion indicated in parentheses: (1) Fee processing and
classification of the application by technology center art unit ($108);
and (2) analysis, search of prior art, and preparation of an
international search report and written opinion by an Office examiner
($2,284). Thus, the Office estimates that the average fiscal year 2007
cost to the Office of acquiring an international search report and
written opinion by having an Office examiner prepare the international
search report and written opinion was $2,392.
Acquiring the international search report and written opinion from
a competitive source involves the following activities, with the fiscal
year 2007 costs of the activity per international search report and
written opinion indicated in parentheses: (1) Contract for an
international search report and written opinion ($1,837) (direct
allocated costs are excluded from this cost amount because the use of
Office space is not involved); and (2) contract oversight and quality
review of international search report and written opinion ($237). Thus,
the Office estimates that the average fiscal year 2007 cost to the Office
of acquiring the international search report and written opinion by
acquiring the international search report and written opinion from a
competitive source was $2,074.
Preparing an international search report and written opinion for a
PCT international application by transcribing an Office action for a
prior-filed application under 35 U.S.C. 111(a) is a viable option for
only an incidental number (five percent) of PCT international
applications due to the current pendency to first Office action.
Therefore, to meet the time frames established in the PCT, the Office
must rely upon having an Office examiner prepare the international
search report and written opinion, or acquiring the international
search report and written opinion from a competitive source, in the
vast majority (ninety-five percent) of PCT international applications.
The Office is migrating towards obtaining international search reports
and written opinion for a PCT international application from a
competitive source in the ninety-five percent of applications for which
transcribing an Office action for a prior-filed application under 35
U.S.C. 111(a) is not a viable option. Therefore, the fiscal year 2009
average cost of obtaining an international search report and written
opinion for a PCT international application is estimated on the basis
of the Office transcribing an Office action for a prior-filed
application under 35 U.S.C. 111(a) in five percent of applications and
acquiring the international search report and written opinion from a
competitive source in ninety-five percent of applications, resulting in
a composite fiscal year 2007 cost of $1,981 ($2,074 multiplied by 0.95
plus $218 multiplied by 0.05). Therefore, the estimated average fiscal
year 2009 cost of preparing an international search report and written
opinion for a PCT international application is $2,080 ($1,981
multiplied by 1.05). Accordingly, this final rule sets the search fee
and supplemental search fee at $2,080.
Discussion of Specific Rules
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Title 37 of the Code of Federal Regulations, Part 1, is amended as
follows:
Section 1.445: Section 1.445(a)(1) is amended to change the
transmittal fee from $300.00 to $240.00. Section 1.445(a)(2) is amended
to change the search fee from $1,800.00 to $2,080.00. Section
1.445(a)(3) is amended to change the supplemental search fee from
$1,800.00 to $2,080.00.
Response to Comments: The Office published a notice proposing to
adjust the transmittal and search fees for international applications
filed under the PCT to recover the estimated average cost to the Office
of processing PCT international applications and preparing
international search reports and written opinions for PCT international
applications. See Fiscal Year 2009 Changes to Patent Cooperation Treaty
Transmittal and Search Fees, 73 FR 34672 (June 18, 2008), 1332 Off.
Gaz. Pat. Office 295 (July 15, 2008) (proposed rule), and Fiscal Year
2009 Changes to Patent Cooperation Treaty Transmittal and Search Fees,
73 FR 38027 (July 2, 2008), 1332 Off. Gaz. Pat. Office 421 (July 29,
2008) (correction).
Comment: The Office received one comment (from the American
Intellectual Property Law Association (AIPLA)) in response to the
proposed rule making notice. The comment supported the principle that
patent users should pay the average costs incurred by the Office in
providing services but raised a number of concerns with respect to the
proposed changes to the transmittal and search fees. The comment first
requested information on how the transmittal and international search
fees under § 1.445 were calculated so that the patent user
community can determine whether the proposed increases in fees are
necessary or reasonable. The comment also stated that the international
search fee under § 1.445 overcharges and discriminates against U.S.
nationals using the PCT because the costs for search and examination of
national applications are subsidized by issue and maintenance fees, and
PCT applications from U.S. nationals generally result in national stage
applications which will generate issue and maintenance fees to the same
extent as other national applications. The comment also stated that the
international search fee under § 1.445 overcharges and
discriminates against U.S. applicants who file PCT applications
claiming priority of an earlier-filed U.S. national application, as
such applicants will pay both the full national search fee and the full
international search fee thus effectively paying twice for the same
search. The comment also questioned why the transmittal fee set forth
in § 1.445(a)(1) is higher than transmittal fees charged by other
PCT Receiving Offices and suggested that instead of increasing the
transmittal fee, the Office should determine how it can perform its
Receiving Office functions at costs in line with the rest of the world.
Response: The basis for the estimated average costs to the Office
of processing PCT international applications and preparing
international search reports and written opinions for PCT international
applications has been discussed previously. The patent fee structure
set forth in 35 U.S.C. 41 is a combination of specified patent fees (35
U.S.C. 41(a), (b), (d)(1), and (d)(2)(A) through (C)) that cover
enumerated processing, services, and materials, and a provision (35
U.S.C. 41(d)(2)) directing the Office to establish fees for all other
processing, services, or materials relating to patents that are not
otherwise specified in 35 U.S.C. 41. The provisions of 35 U.S.C.
41(d)(2) apply to the PCT fees by the Office under the authority
provided in 35 U.S.C. 376. See H. Rep. 97-542, at 8 (1982) (noting that
the "other processing" and "services" covered by 35 U.S.C. 41(d)(2)
(then 35 U.S.C. 41(d)) include inter alia the processing of PCT
international applications). The transmittal and international search
fees under § 1.445 are not fees specified under 35 U.S.C. 41, but
rather are processing or services pertaining to PCT international
applications. Thus, 35 U.S.C. 41(d)(2) provides for the Office to set
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the transmittal and international search fees to recover their
estimated average costs to the Office.
The application filing fees (filing, search, and examination fees)
for an application under 35 U.S.C. 111(a), which currently total
$1090.00 ($545.00 small entity) for an original nonprovisional patent
application (other than plant or design), do not recover the Office's
costs of initial processing and examination of an application, but
rather this cost is subsidized by patent issue and maintenance fees.
See H.R. Rep. 108-241, at 15 (2003) (noting that the Office's costs of
examining applications are subsidized by issue and maintenance fees).
35 U.S.C. 41(a) and (b) provide a fee structure under which the
application filing fees for an application under 35 U.S.C. 111(a) are
lower than the Office's costs of initial processing and the examination
provided for in 35 U.S.C. 132(a) and are subsidized by patent issue and
maintenance fees. 35 U.S.C. 41 and 376 do not provide for the Office to
establish PCT international stage fees lower than the Office's costs
and to subsidize the costs by revenue generated from patent issue and
maintenance fees. Rather, 35 U.S.C. 41(d)(2) provides for fees that
recover the estimated average cost to the Office of the processing,
services, or materials, which is incongruous with setting a fee lower
than the cost of the processing, service, or material and to be
subsidized by revenue generated from other fees. In any event, since
international applications under the PCT do not themselves mature into
patents, it is appropriate that the fees paid in PCT international
applications accurately reflect the costs to the Office of the processing,
search, and examination of these applications.
The Office provides a reduced search fee for applications entering
the national stage under 35 U.S.C. 371 where the search fee has been
paid on the PCT international application to the Office as an International
Searching Authority. See § 1.492(b)(2).
The Office does not provide a reduced search fee for PCT international
applications where there has been a prior-filed application under 35 U.S.C.
111(a). As discussed previously, the Office's current pendency to first
Office action does not allow for the use of the search in the prior-filed
application under 35 U.S.C. 111(a) for the preparation of an international
search report and written opinion for a PCT international application for
the vast majority of applications, if the Office is to meet the time frames
established in the PCT. Thus, the Office generally incurs the cost of
conducting separate searches for the PCT international application and the
prior-filed application under 35 U.S.C. 111(a) in this situation.
The PCT transmittal fee being adopted in this final rule is lower
than what some Receiving Offices charge and higher than what other
Receiving Offices charge. What transmittal and search fees other
Receiving Offices and International Searching Authorities charge are
immaterial. The Office encounters different costs than do other
Receiving Offices and International Searching Authorities for a number
of reasons beyond the control of the Office. In addition, it is not
clear that other Receiving Offices and International Searching
Authorities set their transmittal or search fees on a cost-recovery
basis as provided for in 35 U.S.C. 41(d)(2).
Rule Making Considerations
A. Final Regulatory Flexibility Analysis
1. Description of the Reasons That Action by the Agency Is Being
Considered
The Office is revising the rules of practice to adjust the
transmittal and search fees for international applications filed under
the PCT. The Office is adjusting the PCT transmittal and search fees to
recover the estimated average cost to the Office of processing PCT
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international applications and preparing international search reports
and written opinions for PCT international applications.
2. Succinct Statement of the Objectives of, and Legal Basis for, the Rules
The Office is adjusting the PCT transmittal and search fees to
recover the estimated average cost to the Office of processing PCT
international applications and preparing international search reports
and written opinions for PCT international applications. The changes in
this final rule are authorized by 35 U.S.C. 41(d) and 376.
3. Description and Estimate of the Number of Affected Small Entities
The Small Business Administration (SBA) small business size
standards applicable to most analyses conducted to comply with the
Regulatory Flexibility Act are set forth in 13 CFR 121.201. These
regulations generally define small businesses as those with fewer than
a maximum number of employees or less than a specified level of annual
receipts for the entity's industrial sector or North American Industry
Classification System code. The Office, however, has formally adopted
an alternate size standard for the purpose of conducting an analysis or
making a certification under the Regulatory Flexibility Act for patent-
related regulations. See Business Size Standard for Purposes of United
States Patent and Trademark Office Regulatory Flexibility Analysis for
Patent-Related Regulations, 71 FR 67109 (Nov. 20, 2006), 1313 Off. Gaz.
Pat. Office 60 (Dec. 12, 2006). This alternate small business size
standard is the previously established size standard that identifies
the criteria entities must meet to be entitled to pay reduced patent
fees. See 13 CFR 121.802. If patent applicants identify themselves on a
patent application as qualifying for reduced patent fees, the Office
captures this data in the Patent Application Location and Monitoring
(PALM) database system, which tracks information on each patent
application submitted to the Office.
Unlike the SBA small business size standards set forth in 13 CFR
121.201, this size standard is not industry-specific. Specifically, the
Office's definition of small business concern for Regulatory
Flexibility Act purposes is a business or other concern that: (1) Meets
the SBA's definition of a "business concern or concern" set forth in
13 CFR 121.105; and (2) meets the size standards set forth in 13 CFR
121.802 for the purpose of paying reduced patent fees, namely an
entity: (a) Whose number of employees, including affiliates, does not
exceed 500 persons; and (b) which has not assigned, granted, conveyed,
or licensed (and is under no obligation to do so) any rights in the
invention to any person who made it and could not be classified as an
independent inventor, or to any concern which would not qualify as a
non-profit organization or a small business concern under this
definition. See Business Size Standard for Purposes of United States
Patent and Trademark Office Regulatory Flexibility Analysis for Patent-
Related Regulations, 71 FR at 67112, 1313 Off. Gaz. Pat. Office at 63.
The changes in this final rule will apply to any small entity who
files a PCT international application in the United States Receiving
Office and to any small entity who requests a search by the United
States International Searching Authority. The Office received between
52,000 and 53,000 PCT international applications in each of fiscal
years 2006 and 2007. There is no provision in 35 U.S.C. 376 (or
elsewhere) for a small entity reduction for the transmittal or search
fees for a PCT international application. Thus, PCT applicants do not
indicate and the Office does not record whether a PCT international
application is filed by a small entity or a non-small entity. The
Office's PALM and Revenue Accounting and Management (RAM) systems
indicate that 12,043 of the PCT international applications in fiscal
year 2006 claim priority to a prior application (nonprovisional or
provisional) that has small entity status, and that 2,559 of the PCT
international applications in fiscal year 2006 do not claim priority to
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any prior nonprovisional application or provisional application. The
Office's PALM and RAM systems indicate that 12,716 of the PCT
international applications in fiscal year 2007 claim priority to a
prior application (nonprovisional or provisional) that has small entity
status, and that 4,016 of the PCT international applications in fiscal
year 2007 do not claim priority to any prior nonprovisional application
or provisional application.
4. Description of the Projected Reporting, Recordkeeping and Other
Compliance Requirements of the Rules, Including an Estimate of the
Classes of Small Entities Which Will Be Subject to the Requirement and
the Type of Professional Skills Necessary for Preparation of the Report
or Record
This final rule does not involve any reporting, recordkeeping and
other compliance requirements. This final rule only adjusts the PCT
transmittal and search fees. As discussed previously, there is no
provision in 35 U.S.C. 376 (or elsewhere) for a small entity reduction
for the transmittal or search fees for a PCT international application.
The following table (Table 1) indicates the PCT international stage fee,
the number of payments of the fee received by the Office in fiscal year
2007 (number of entities who paid the applicable fee in fiscal year 2007),
the former fee amount, the revised fee amount, and the net amount of the
fee adjustment.
Table 1
Fiscal Year
Former fee Revised fee Fee
amount amount Fee adjustment 2007 payments
Transmittal fee ...................................... 54,335
300.00 240.00 (60.00)
Search Fee ........................................... 30,965
1800.00 2080.00 280.00
Supplemental
Search Fee ......................................... 941
1800.00 2080.00 280.00
The PCT international search fee and supplemental search fee were
adjusted from $1,000.00 to $1,800.00 in November of 2007. See April
2007 Revision of Patent Cooperation Treaty Procedures, 72 FR 51559
(Sept. 10, 2007), 1323 Off. Gaz. Pat. Office 26 (Oct. 2, 2007) (final
rule). Thus, the change to the search fee and supplemental search fee
in this final rule is a $280.00 increase over the current search fee
and supplemental search fee set in November of 2007, and a $1,080.00
increase over the search fee and supplemental search fee that was in
effect prior to November of 2007.
The PCT does not preclude United States applicants from filing
patent applications directly in the patent offices of those countries
which are Contracting States of the PCT (with or without previously
having filed a regular national application under 35 U.S.C. 111(a) or
111(b) in the United States) and taking advantage of the priority
rights and other advantages provided under the Paris Convention and the
World Trade Organization (WTO) administered Agreement on Trade-Related
Aspects of Intellectual Property (TRIPs Agreement). See MPEP §
1801. That is, the PCT is not the exclusive mechanism for seeking
patent protection in foreign countries, but is instead simply an
optional alternative route available to United States patent applicants
for seeking patent protection in those countries that are Contracting
States of the PCT. See id.
In addition, an applicant filing an international application under
the PCT in the United States Receiving Office (the United States Patent
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and Trademark Office) is not required to use the United States Patent
and Trademark Office as the International Searching Authority. The
European Patent Office (except for applications containing business
method claims) or the Korean Intellectual Property Office may be
selected as the International Searching Authority for PCT international
applications filed in the United States Receiving Office. The
applicable search fee if the European Patent Office is selected as the
International Searching Authority European is currently $2665.00 (set
by the European Patent Office), and the applicable search fee if the
Korean Intellectual Property Office is selected as the International
Searching Authority is currently $244.00 (set by the Korean
Intellectual Property Office). The Office also recently entered into an
agreement with IP Australia under which IP Australia may be selected as
the International Searching Authority for certain PCT international
applications filed in the United States Receiving Office.
5. Description of Any Significant Alternatives Which Accomplish the Stated
Objectives of Applicable Statutes and Which Minimize Any Significant
Economic Impact on Small Entities
The alternative of not adjusting the PCT transmittal and search
fees would have a lesser economic impact on small entities, but would
not accomplish the stated objectives of applicable statutes. See 35
U.S.C. 41(d) (provides that fees set by the Office recover the
estimated average cost to the Office of the processing, services, or
materials).
6. Identification, to the Extent Practicable, of All Relevant Federal
Rules Which May Duplicate, Overlap or Conflict With the Rules
The Office is the sole agency of the United States Government
responsible for administering the provisions of title 35, United States
Code, pertaining to the examination of patent applications and granting
of patents. Therefore, no other federal, state, or local entity shares
jurisdiction over the examination and granting of patents.
The Office previously adjusted the patent fees set by statute to
reflect fluctuations in the Consumer Price Index (CPI). See Revision of
Patent Fees for Fiscal Year 2009, 73 FR 47534 (Aug. 14, 2008), 1334
Off. Gaz. Pat. Office 45 (Sept. 2, 2008) (final rule). The Office is
also in the process of studying the cost of a number of processes and
services covered by the cost-recovery provisions of 35 U.S.C. 41(d)(2)
(e.g., reexamination proceeding costs), and the Office will propose
adjustments to the fees for these processes and services if
appropriate. The changes that would be proposed in any rule makings
resulting from this study would also not duplicate, overlap, or
conflict with the changes proposed in this notice.
Other countries, however, have their own patent laws, and an entity
desiring a patent in a particular country must make an application for
patent in that country, in accordance with the applicable law. Although
the potential for overlap exists internationally, such overlap cannot
be avoided except by treaty harmonizing the patent laws for all
countries (such as the Paris Convention for the Protection of
Industrial Property, or the PCT).
Nevertheless, the Office believes that there are no other
duplicative or overlapping rules.
B. Executive Order 13132 (Federalism)
This rulemaking does not contain policies with federalism
implications sufficient to warrant preparation of a Federalism
Assessment under Executive Order 13132 (Aug. 4, 1999).
C. Executive Order 12866 (Regulatory Planning and Review)
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This rulemaking has been determined to be significant for purposes
of Executive Order 12866 (Sept. 30, 1993), as amended by Executive
Order 13258 (Feb. 26, 2002) and Executive Order 13422 (Jan. 18, 2007).
D. Executive Order 13175 (Tribal Consultation)
This rulemaking will not: (1) Have substantial direct effects on
one or more Indian tribes; (2) impose substantial direct compliance
costs on Indian tribal governments; or (3) preempt tribal law.
Therefore, a tribal summary impact statement is not required under
Executive Order 13175 (Nov. 6, 2000).
E. Executive Order 13211 (Energy Effects)
This rulemaking is not a significant energy action under Executive
Order 13211 because this rulemaking is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
Therefore, a Statement of Energy Effects is not required under
Executive Order 13211 (May 18, 2001).
F. Executive Order 12988 (Civil Justice Reform)
This rulemaking meets applicable standards to minimize litigation,
eliminate ambiguity, and reduce burden as set forth in sections 3(a)
and 3(b)(2) of Executive Order 12988 (Feb. 5, 1996).
G. Executive Order 13045 (Protection of Children)
This rulemaking does not concern an environmental risk to health or
safety that may disproportionately affect children under Executive
Order 13045 (Apr. 21, 1997).
H. Executive Order 12630 (Taking of Private Property)
This rulemaking will not effect a taking of private property or
otherwise have taking implications under Executive Order 12630 (Mar.
15, 1988).
I. Congressional Review Act
Under the Congressional Review Act provisions of the Small Business
Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.),
prior to issuing any final rule, the United States Patent and Trademark
Office will submit a report containing this final rule and other
required information to the U.S. Senate, the U.S. House of
Representatives and the Comptroller General of the Government
Accountability Office. The changes in this final rule are not expected
to result in an annual effect on the economy of 100 million dollars or
more, a major increase in costs or prices, or significant adverse
effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based enterprises to
compete with foreign-based enterprises in domestic and export markets.
Therefore, this final rule is not a "major rule" as defined in 5
U.S.C. 804(2).
J. Unfunded Mandates Reform Act of 1995
The changes in this final rule do not involve a Federal
intergovernmental mandate that will result in the expenditure by State,
local, and tribal governments, in the aggregate, of 100 million dollars
(as adjusted) or more in any one year, or a Federal private sector
mandate that will result in the expenditure by the private sector of
100 million dollars (as adjusted) or more in any one year, and will not
significantly or uniquely affect small governments. Therefore, no
actions are necessary under the provisions of the Unfunded Mandates
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Reform Act of 1995. See 2 U.S.C. 1501 et seq.
K. National Environmental Policy Act
This rulemaking will not have any effect on the quality of
environment and is thus categorically excluded from review under the
National Environmental Policy Act of 1969. See 42 U.S.C. 4321 et seq.
L. National Technology Transfer and Advancement Act
The requirements of section 12(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) are
inapplicable because this rulemaking does not contain provisions which
involve the use of technical standards.
M. Paperwork Reduction Act
The changes in this final rule involve information collection
requirements which are subject to review by the Office of Management
and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.). The collection of information involved in this notice
has been reviewed and approved by OMB under OMB control number 0651-
0021. The Office did not resubmit an information collection package to
OMB for its review and approval because the changes in this final rule
concern revised fees for existing information collection requirements
associated with the information collection under OMB control number
0651-0021. The Office will submit fee revision changes to the inventory
of the information collection under OMB control number 0651-0021.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
List of Subjects
37 CFR Part 1
Administrative practice and procedure, Courts, Freedom of
Information, Inventions and patents, Reporting and record keeping
requirements, Small Businesses.
PART 1 - RULES OF PRACTICE IN PATENT CASES
. 1. The authority citation for 37 CFR Part 1 continues to read as
follows:
Authority: 35 U.S.C. 2(b)(2).
. 2. The authority citation for subpart is revised to read as follows:
Authority: §§ 1.401 to 1.499 also issued under 35 U.S.C. 41
and 351 through 376.
. 3. Section 1.445 is amended by revising paragraphs (a)(1), (a)(2) and
(a)(3) to read as follows:
§ 1.445 International application filing, processing and search fees.
(a) * * *
(1) A transmittal fee (see 35 U.S.C. 361(d) and PCT Rule 14) $240.00
(2) A search fee (see 35 U.S.C. 361(d) and PCT Rule 16) $2,080.00
(3) A supplemental search fee when required, per additional $2,080.00
invention
* * * * *
October 21, 2008 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
| Changes to Representation of Others Before the United States Patent and Trademark Office |
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1 and 11
[Docket No.: PTO-C-2005-0013]
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: Final rule.
SUMMARY: The United States Patent and Trademark Office (Office) is
adopting new rules governing the conduct of individuals registered to
practice before the Office. The Office is adopting a new rule that
provides for an annual practitioner maintenance fee for those
recognized to practice before the Office in patent cases. These changes
will enable the Office to maintain a roster of registered practitioners
and, consequently, better protect the public from unqualified
practitioners. The Office is also making conforming amendments to 37
CFR 1.21.
DATES: Effective Date: December 17, 2008.
FOR FURTHER INFORMATION CONTACT: Harry I. Moatz , Director of
Enrollment and Discipline (OED Director), directly by phone at (571)
272-6069; by facsimile to (571) 273-6069 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: Congress granted express authority to the
Office to "establish regulations, not inconsistent with law, which * * *
may govern the recognition and conduct of agents, attorneys, or other
persons representing applicants or other parties before the Office."
35 U.S.C. 2(b)(2)(D). Congress also provided that the "Director may,
after notice and opportunity for a hearing, suspend or exclude, either
generally or in any particular case, from further practice before the
Patent and Trademark Office, * * * any person, agent, or attorney * * *
who does not comply with the regulations established under section
2(b)(2)(D) of this title. * * * The reasons for any such suspension or
exclusion shall be duly recorded." 35 U.S.C. 32. In so doing, Congress
vested express and implied authority with the Office to prescribe rules
of procedure that are applicable to practitioners recognized to
practice before the Office. Section 41(d) of Title 35, United States
Code, authorizes the establishment of fees for services related to
patents and not otherwise specified.
On December 12, 2003, the Office published Changes to
Representation of Others Before the United States Patent and Trademark
Office, a Notice of Proposed Rule Making in the Federal Register (68 FR
69441), 1278 Off. Gaz. Pat. Office 22 (Jan. 6, 2004), proposing to
amend parts 1 and 2 of the rules and procedures governing patent and
trademark prosecution (Title 37 of the Code of Federal Regulations),
reserving part 10 and introducing part 11. Included in the proposed
rules for part 11 were rules governing, inter alia, an annual fee for
practitioners and procedures for both collecting the fee and informing
practitioners who do not pay the fee of their situation - principally
rules 1.21, 11.8 and 11.11. One hundred sixty-three written comments
were received. Ninety of these written comments addressed the proposed
annual practitioner fee requirement.
Following receipt and consideration of the comments to the proposed
rules in the December 12, 2003 Notice regarding an annual fee and
procedures for both collecting the fee and informing practitioners who
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do not pay the fee of their situation, the Office is prepared to
proceed to final rule making. The fee in the final rules is referenced
as the annual practitioner maintenance fee. The primary purposes for
adopting a fee and procedures for both collecting the fee and informing
practitioners who do not pay the fee of their situation is to maintain
a roster of registered practitioners, including affording practitioners
due process, protecting the public, preserving the integrity of the
Office, and maintaining high professional standards.
A registered practitioner in active status is one who is able to
represent clients and conduct business before the USPTO in patent
cases. To maintain active status, the practitioner would pay the annual
practitioner maintenance fee required under §§ 1.21(a)(7)(i)
and 11.8(d).
An individual granted limited recognition under § 11.9(b) is
one who is able to represent clients and conduct business before the
USPTO in patent cases under specified conditions. To maintain limited
recognition, the individual would pay the annual practitioner
maintenance fee required under §§ 1.21(a)(8) and 11.8(d).
A registered practitioner in administrative inactive status or in
voluntary inactive status would be prohibited from representing
applicants or other parties and continuing to practice before the
Office in patent cases. Administrative inactive status is applied only
to a practitioner who is an employee of the USPTO, such as a patent
examiner, and to judges. Voluntary inactive status is available to
practitioners who have retired or are unable to continue their
practice, but still desire to maintain a recognized professional
association with the USPTO. Neither administrative inactive status nor
voluntary inactive status is available to persons having limited
recognition.
A registered practitioner under administrative inactive status is
not responsible for payment of the annual practitioner maintenance fee
while in this status. A registered practitioner under voluntary
inactive status is responsible for paying a reduced annual practitioner
maintenance fee during the period of inactivation. For the purposes of
this section, the fee for a registered practitioner in voluntary
inactive status is $25. If a condition occurs that automatically
terminates a practitioner's administrative inactive status, e.g.,
separation from the USPTO, it would be permissible for that
practitioner to seek a voluntary inactive status where the practitioner
does not intend to represent clients and practice before the Office but
still desires to maintain a professionally recognized association with
the Office.
A registered practitioner who failed to pay the annual practitioner
maintenance fee required under § 11.8(d) would be administratively
suspended. A registered practitioner under active status can be
administratively suspended for failure to comply with payment of the
annual practitioner maintenance fee. A registered practitioner under
voluntary inactive status can be administratively suspended for failure
to comply with payment of the reduced annual practitioner maintenance
fee. An individual granted limited recognition who failed to pay the
annual practitioner maintenance fee required under § 11.8(d) would
be administratively suspended.
The final rules will be applied as of the effective date of the
final rules, without retroactive effect. For example, a person
registered in the fiscal year in which the final rules become effective
would not be required to pay the annual practitioner maintenance fee in
that fiscal year. A further example is that unless a registered
practitioner is in administrative inactive status or voluntary inactive
status in the fiscal year in which the final rules become effective, a
registered practitioner must pay the annual practitioner maintenance
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fee for active status. Still, a further example is that if the final
rules become effective in fiscal year 2009, no fees under the final
rules are due for fiscal year 2008. For purposes of these rules, the
fiscal year begins on October 1 and ends on September 30.
Discussion of Specific Rules
Title 37 of the Code of Federal Regulations, Part 11, is amended as
follows: Paragraph (d) of § 11.8 introduces an annual practitioner
maintenance fee to be paid by registered practitioners in active status
and persons granted limited recognition under § 11.9(b) to practice
in patent cases before the Office. The amount of the fee is set forth
in §§ 1.21(a)(7)(i) and 1.21(a)(8), respectively. Adequate
notice of the due date for the annual practitioner maintenance fee will
be published and sent to practitioners in advance. Failure to comply
with these rules would subject a registered practitioner or person
granted limited recognition to administrative suspension set forth in
§ 11.11(b). In the past, the fees paid by applicants and patentees
have supported the costs of the activities that maintain the patent
practitioner's community reputation for integrity. The annual
practitioner maintenance fee is introduced pursuant to 35 U.S.C.
2(b)(2)(D) and 41(d). The annual practitioner maintenance fee will
recover the estimated average cost to the Office for the roster
maintenance process, including the costs of operating the disciplinary
system. Maintaining the roster of registered practitioners up-to-date
includes, for example, (i) processing additions to and deletions from
the roster, (ii) maintaining current practitioner address/telephone/e-
mail information, (iii) daily updating the roster with new changes of
address, (iv) conducting investigations of alleged practitioner
misconduct, and (v) conducting disciplinary proceedings against
practitioners. With an annual practitioner maintenance fee, the Office
will fund the disciplinary system as State disciplinary jurisdictions
do, by fees from the bar members. Bar disciplinary activities are
generally regarded as being in the interest of maintaining the Bar's
reputation for integrity and supporting the willingness of potential
clients to engage the services of practitioners. The continual updating
of the USPTO roster is also in the interest of assuring that registered
practitioners are identified to the public they seek and are authorized
to serve. It is problematic to charge patent applicants for this
activity since few patent applicants file grievances against
practitioners. Many of the filed grievances concern patent applications
that were not filed; applications that were filed or prosecuted
improperly; applications that should not have been filed in the first
place; or patent applicants who have not received the benefit of
competent counsel. The anomaly is magnified by the need for
disciplinary action concerning practitioners who have been convicted of
felonies or have been disciplined by state bars for matters other than
practice before the Office. By adopting an annual practitioner
maintenance fee to be paid by registered practitioners, the cost of
these activities is focused on those served by the roster maintenance
and disciplinary system - registered practitioners, not applicants.
Thus, USPTO will recover the costs associated with these activities
from the practitioners instead of the public in general. The funds
received from the annual practitioner maintenance fee would be directed
to this process. The annual practitioner maintenance fee would not be
imposed on persons during the fiscal year in which they are first
registered or recognized to practice before the Office.
Paragraph (a) of § 11.11 provides for requiring practitioners
to notify the OED Director of their postal address and telephone number
for his or her business, as well as every change thereto. Additionally,
it requires practitioners to notify the OED Director of up to three e-
mail addresses for their business and every change to their e-mail
addresses. Notice of the change of address or telephone number must be
given within thirty days of the date of the change. Practitioners are
encouraged to provide their business e-mail address to facilitate the
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Office's ability to communicate with the practitioners. A practitioner
who is an attorney in good standing with the bar of the highest court
of one or more states is also required to provide the OED Director with
the state bar identification number associated with each membership.
This will enable the OED Director to distinguish between individual
attorneys having the same or similar names. Further, the section
identifies the information that the OED Director will routinely publish
on the roster about each registered practitioner recognized to practice
before the Office in patent cases.
Paragraph (b) of § 11.11 provides for administrative suspension
for failure to comply with the payment of the annual practitioner
maintenance fee required by § 11.8(d).
Paragraph (b)(1) of § 11.11 provides that the OED Director will
mail a notice to the practitioner advising of noncompliance, stating
the consequences of administrative suspension under paragraph (b)(5) of
this section if noncompliance is not timely remedied, and the
requirements for reinstatement under paragraph (f) of this section. The
notice also will demand compliance within sixty days and payment of a
delinquency fee. The notice also will be published. Paragraph (b)(1) of
§ 11.11 introduces payment of the delinquency fee. The amount of
the fee is set forth in § 1.21(a)(9)(i). The amount of the fee is
set to recover the estimated average cost to the Office for processes
associated with a practitioner who is delinquent in payment of the
annual practitioner maintenance fee.
Paragraph (b)(2) of § 11.11 provides that upon failure to
comply with the notice and demand within the allowed time, the OED
Director will send to the attorney, agent or person granted limited
recognition a Rule to Show Cause as to why he or she should not be
administratively suspended and no longer permitted to practice before
the Office in patent matters, or hold himself or herself out as being
registered or recognized to practice before the Office in patent
matters. The OED Director shall file a copy of the Rule to Show Cause
with the USPTO Director.
Paragraph (b)(3) of § 11.11 provides that, within 30 days of
the OED Director sending the Rule to Show Cause, the attorney, agent or
person granted limited recognition may file a response to the Rule to
Show Cause with the USPTO Director and, if so, that the OED Director
may file a reply thereto. Under this section the USPTO Director hears
the matter on the documentary record and imposes the administrative
suspension unless the USPTO Director determines that there is a genuine
issue of material fact regarding notice or the failure to pay the
requisite fees.
Paragraph (b)(4) of § 11.11 provides that an administratively
suspended attorney, agent or person granted limited recognition
continues to be responsible for paying his or her annual practitioner
maintenance fee required by § 11.8(d).
Paragraph (b)(5) of § 11.11 provides that an administratively
suspended attorney, agent or person granted limited recognition remains
subject to investigation and discipline for his or her conduct prior
to, during, or after the period he or she was administratively
suspended.
Paragraph (b)(6) of § 11.11 provides that an administratively
suspended attorney, agent or person granted limited recognition cannot
practice before the Office in patent cases while under administrative
suspension. An administratively suspended attorney, agent or person
granted limited recognition who does not promptly obtain reinstatement
must comply with applicable ethics rules concerning withdrawal from
representation. An administratively suspended attorney, agent or person
granted limited recognition who knows he or she has been
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administratively suspended will be subject to discipline for failing to
comply with the provisions of this paragraph.
Paragraph (c)(1) of § 11.11 provides for administrative
inactivation of a registered practitioner who becomes employed by the
Office. The practitioner is not responsible for payments of the annual
practitioner maintenance fee each complete fiscal year while the
practitioner is in administratively inactive status.
Paragraph (c)(2) of § 11.11 provides for administrative
inactivation of a registered practitioner who is a judge of a court of
record, full-time court commissioner, U.S. bankruptcy judge, U.S.
magistrate judge, or a retired judge who is eligible for temporary
judicial assignment and is not engaged in the practice of law. The
practitioner is not responsible for payments of the annual practitioner
maintenance fee each complete fiscal year while the practitioner is in
administratively inactive status.
Paragraph (d) of § 11.11 provides for voluntary inactivation of
a registered practitioner. This section accommodates a registered
practitioner who, at the time of the request, does not represent
clients before the USPTO but still desires to maintain a recognized
professional association with the USPTO. The USPTO will not inquire
into reasons for seeking voluntary inactivation except that voluntary
inactivation will be denied if the practitioner is delinquent in paying
an annual practitioner maintenance fee or a delinquency fee. Voluntary
inactivation will not preclude the USPTO from inquiring or continuing
to inquire into possible ethical violations by the practitioner or
imposing discipline therefor. Reasons for seeking voluntary
inactivation may include retirement, health condition of the
practitioner (long-term illnesses), or a practitioner's decision to
practice in another substantive area.
Paragraph (d)(1) of § 11.11 provides that a registered
practitioner may seek voluntary inactivation by filing a written
request to be endorsed as inactive.
Paragraph (d)(2) of § 11.11 provides that a registered
practitioner whose status has been changed to a voluntary inactive
status continues to be responsible for paying his or her annual
practitioner maintenance fee required by § 11.8(d) for such status.
Paragraph (d)(2) of § 11.11 introduces payment of the annual
practitioner maintenance fee for inactive status. The amount of the
fee, $25, is set forth in § 1.21(a)(7)(ii). The amount of the fee
is set to recover the estimated average cost to the Office for
processes associated with a practitioner who is in inactive status.
Paragraph (d)(3) of § 11.11 provides that a registered
practitioner in voluntary inactive status is still subject to
investigation and discipline for ethical violations during the period
of inactivation.
Paragraph (d)(4) of § 11.11 provides that a registered
practitioner in arrears in annual practitioner maintenance fees or
under administrative suspension for fee delinquency is ineligible to
seek or enter into voluntary inactive status.
Paragraph (d)(5) of § 11.11 provides that a registered
practitioner may not practice before the Office in patent cases while
under voluntary inactive status. A practitioner in voluntary inactive
status will be subject to discipline for failing to comply with the
provisions of this paragraph. A voluntary inactive practitioner must
comply with applicable ethics rules concerning withdrawal from
representation.
Paragraph (d)(6) of § 11.11 provides for restoration to active
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status of a registered practitioner who is in voluntary inactive status
in accordance with § 11.11(d). Paragraph (d)(6) of § 11.11
introduces payment of the fee for requesting restoration to active
status from voluntary inactive status. The amount of the fee is set
forth in § 1.21(a)(7)(iii). The amount of the fee is set to recover
the estimated average cost to the Office for processing the request.
The Office provides options for practitioners who are no longer
attorneys in good standing at their state bars but seek active status
before the USPTO. Since practitioners before the USPTO need not be
attorneys, a practitioner who has ceased to be a member in good standing
of the bar of the highest court of a state for reasons other than ethical
grounds may still seek to represent clients in patent matters before the
USPTO as a patent agent. It becomes necessary to ensure that attorneys who
are no longer members in good standing in a state bar explain the basis of
such status when seeking restoration to active status before the USPTO.
This section seeks to avoid the possibility that an attorney under a
disciplinary proceeding or investigation in another disciplinary
jurisdiction circumvents the obligation of informing the USPTO of any
matter that detrimentally impacts the determination of the practitioner's
moral character.
Any registered practitioner who is voluntarily inactivated pursuant
to paragraph (d) of this section and who is a licensed attorney may
comply with the submission of information and material pertaining to
the practitioner's moral character on proof of being a member in good
standing with the highest court of each state in which the practitioner
is licensed to practice. If the registered practitioner is no longer a
member in good standing of the highest court of another jurisdiction,
the practitioner must submit a signed declaration or affidavit
explaining the circumstances surrounding the practitioner's status in
the other jurisdiction to the satisfaction of the OED Director that the
reason for not being a member in good standing is not predicated on
moral character. If the statement submitted is not to the satisfaction
of the OED Director, the OED Director may decline restoration to active
status on grounds of present lack of good moral character and
reputation as set forth in § 11.7. An adverse decision by the OED
Director is reviewable under § 11.2. This does not preclude the
practitioner from submitting additional evidence to establish the
requisite moral character.
Paragraph (d)(6) of § 11.11 also introduces payment of balance
due upon restoration to active status from voluntary inactive status.
The amount of the fee is set forth in § 1.21(a)(7)(iv). The amount
of the fee is set to recover the balance of the estimated average cost
to the Office for maintaining the roster. It is the difference between
the annual practitioner maintenance fee for registered attorney or
agent in active status, $118, and the annual practitioner maintenance
fee for registered attorney or agent in voluntary inactive status, $25.
The annual practitioner maintenance fee has increased from $100
proposed in December 2003, to $118 adopted in the final rules. In the
nearly five years since the fee was proposed, the number of registered
practitioners has increased from 28,835 in December 2003 to more than
36,400 in July 2008, and the staff of the Office of Enrollment and
Discipline has been increased to maintain the enlarging roster of
registered practitioners. The increase in the fee is a reflection of
changes in the consumer price index and staffing adjustments from the
time the rule was proposed.
Paragraph (e) of § 11.11 allows for resignation from practice
before the Office of a registered practitioner who is neither under
investigation under § 11.22 for a possible violation of the
Mandatory Disciplinary Rules identified in § 10.20(b) of Part 10,
subject to discipline under § 11.24 or § 11.25, nor subject to
an adverse probable cause determination by a panel of the Committee on
Discipline under § 11.23(b).
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Paragraph (f) of § 11.11 establishes a procedure for
administrative reinstatement of a registered practitioner who has been
administratively suspended pursuant to § 11.11(b) or who has
resigned pursuant to § 11.11(d). Paragraph (f) provides for payment
of the annual practitioner maintenance fee set forth § 1.21(a)(7)
for registered patent attorneys or agents, or the annual practitioner
maintenance fee set forth in § 1.21(a)(8) for persons granted
limited recognition. Paragraph (f) of § 11.11 also introduces
payment of both the delinquency fee and the administrative
reinstatement fee by the practitioner. The amount of the delinquency
fee is set forth in § 1.21(a)(9)(i). The amount of the
administrative reinstatement fee is set forth in § 1.21(a)(9)(ii).
The amount of the delinquency fee is set to recover the estimated
average cost to the Office for processes associated with a practitioner
who is delinquent in payment of annual practitioner maintenance fee.
The amount of the administrative reinstatement fee is set to recover
the estimated average cost to the Office for processes associated with
an application for reinstatement. A practitioner who resigned or was
administratively suspended for two or more years before the date the
Office receives a completed application from the person must also pass
the registration examination under § 11.7(b)(1)(ii).
Response to comments: The Office published a notice proposing
changes to the Office's rules governing disciplinary proceedings for
attorneys, registered patent agents and persons granted limited
recognition to practice before the Office. See Changes to
Representation of Others Before the United States Patent and Trademark
Office; Notice of proposed rulemaking, 68 FR 69442 (Dec. 12, 2003),
1278 Off. Gaz. Pat. Office 22 (Jan. 6, 2004) (proposed rule). The
Office received one hundred sixty-three comments (from intellectual
property organizations and patent practitioners) in response to this
notice. The Office's responses to the ninety comments regarding an
annual practitioner maintenance fee follow:
Comment 1: A number of comments noted that the staggered quarterly
schedule of annual fee due dates set forth in the proposed rule would
create an undue administrative burden on practitioners, particularly
those who practice in large law firms, and would increase the
possibility of confusion and inadvertent nonpayment of the fee. The
comments indicated a single due date for all practitioners would reduce
the administrative burden on practitioners and the Office, and would
reduce the risk of inadvertent nonpayment.
Response: The suggestion in the comments has been adopted. The
staggered quarterly schedule has been eliminated in favor of a single
annual due date for all practitioners.
Comment 2: A large number of comments, citing past history, raised
concern that annual practitioner maintenance fee payments would be
diverted, and therefore opposed the annual practitioner maintenance fee
on the basis that the fees would not be used to operate the roster
maintenance process, including the disciplinary system.
Response: The USPTO has operated with full access to fee
collections for the past four years. Annual practitioner maintenance
fees collected under section 11.8(d) will be used to support
maintenance of the roster of registered attorneys and agents, including
the disciplinary system.
Comment 3: Several comments raised concern that proposed section
11.8(d) did not require separate notice to practitioners of the payment
due date and, therefore, that practitioners would be more likely to
inadvertently overlook payment of the fee.
Response: The suggestion to add a specific notice provision in
section 11.8(d) has been adopted. Adequate notice of the due date will
be sent to each practitioner at the last address provided pursuant to
§ 11.11(a) and will be published in the Official Gazette as well.
It is expected that notice will also be published on the USPTO internet
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Web site. Pursuant to section 11.11(a), to ensure proper delivery of
notices potentially affecting a practitioner's status, practitioners
are required to update contact information within 30 days of a change.
The USPTO has implemented an on-line customer interface that will allow a
practitioner to access his or her records with a username and password
and to directly update address and contact information. Additionally,
under 11.11(b)(1), whenever it appears that a registered patent
attorney, a registered patent agent or a person granted limited
recognition has failed to comply with § 11.8(d), the OED Director
shall publish and send a notice to the attorney, agent or person
granted limited recognition advising of the noncompliance, the
consequence of being administratively suspended under paragraph (b)(5)
of this section if noncompliance is not timely remedied, and the
requirements for reinstatement under paragraph (f) of this section. The
notice shall be published and sent to the attorney, agent or person
granted limited recognition by mail to the last postal address
furnished under paragraph (a) of this section or by e-mail addressed to
the last e-mail addresses furnished under paragraph (a) of this
section.
Comment 4: Several comments raised concern as to potential
prejudice to clients in cases where an attorney handling a matter
continues to make submissions to the USPTO after the attorney has been
administratively suspended for failure to pay the annual fee and
inquired as to how the USPTO would treat such submissions.
Response: Individuals representing others before the Office are
expected at all times to meet the requirements for practice before the
Office. Maintaining good standing and accurate contact information is
the responsibility of the practitioner. Practitioners who properly
update contact information on file with the Office of Enrollment and
Discipline should receive ample notice of deadlines for payment of the
annual practitioner maintenance fee and missed payment before the
practitioner would be administratively suspended. A practitioner who
has been administratively suspended may request an active member in his
or her firm to timely file papers requiring a practitioner's signature.
Nonetheless, a paper submitted in good faith by a practitioner who does
not know that he or she has been administratively suspended for failure
to pay the annual practitioner maintenance fee will be treated as
unsigned. In the case of a new complete application, the applicant will
receive a filing date because the signature of an attorney or agent on
transmittal papers is not required. In the case of an unsigned bona
fide response to an Office action, the submission will be treated in
accordance with 37 CFR 1.135(c), and applicant may be given a new
period of time to supply the omission. Practitioners should be aware,
however, that submission of a response having an omission may affect
patent term adjustment pursuant to 37 CFR 1.704(c)(7). In the case of
an issue fee payment, an unsigned issue fee transmittal form may lead
to abandonment of the application, in which case a petition to revive
would be required.
Comment 5: Several comments asserted government patent attorneys
and agents earn considerably less than the average annual income of
patent attorneys and agents in the United States, and indicated a
proposed $100 annual fee therefore would be excessively burdensome on
government patent attorneys and agents. The comment suggested a reduced
annual fee for attorneys and agents employed by the government. Similar
comments were received with respect to part-time practitioners, solo
practitioners and small law firms.
Response: The suggestion of a reduced annual practitioner
maintenance fee for specific groups of active practitioners has not
been adopted. The assertion in the comment that the average annual
income for government patent attorneys and agents of approximately
$80,000 is not supported in the comment. In any event, a $118 annual
practitioner maintenance fee for an individual with an annual income of
$80,000 represents about one seventh of one percent of the annual
income, which will not have a significant economic impact on a
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substantial number of practitioners. The costs of maintaining the
roster, including conducting disciplinary investigations regarding
practitioners in such groups, is independent of the practitioner's
income. Accordingly, having a single fee for all active practitioners
is appropriate and fair.
Comment 6: Several comments suggested the annual practitioner
maintenance fee should not be instituted because collection of an
annual practitioner maintenance fee would increase the administrative
burden on the Office of Enrollment and Discipline, thereby offsetting
the collected fees with increased administrative costs.
Response: The suggestion has not been adopted. The Office of
Enrollment and Discipline has developed a system for payment of annual
fees through an on-line customer interface that will allow a
practitioner to submit payments directly. Additionally, law firm or
corporate administrators will be able to submit payments on behalf of
multiple practitioners. The system will minimize the administrative
burden on the Office of Enrollment and Discipline. Moreover, the on-
line customer interface will allow a practitioner to directly update
address and other contact information, further reducing the
administrative burden of the Office by obviating the need for periodic
surveys pursuant to § 10.11 and the reinstatement fee previously
set forth in § 1.21(a)(3). Annual fee payment also may be submitted
by mail or by hand delivery. It is also noted the $118 annual
practitioner maintenance fee is not calculated to pay for the cost of
administering a continuing education program for practitioners.
Comment 7: Several comments asserted Congress has not provided
statutory authorization for the collection of an annual fee assessed
against practitioners.
Response: The annual practitioner maintenance fee is authorized
pursuant to the provisions of 35 U.S.C. 2(b)(2)(D) and 41(d).
Comment 8: Several comments suggested State bar associations carry
out a broader range of services than does the Office of Enrollment and
Discipline, and therefore asserted that an annual practitioner
maintenance fee is unwarranted.
Response: The $118 annual practitioner maintenance fee is
calculated on the basis of the cost of maintaining the roster,
including the disciplinary system. The $118 figure is not based on
services that are not provided by the Office of Enrollment and
Discipline.
Comment 9: Several comments indicated the annual practitioner
maintenance fee discriminates against patent practitioners over
trademark attorneys.
Response: The Office does not maintain a roster of U.S. attorneys
authorized to represent others before the Office in trademark and other
non-patent matters, and therefore these individuals impose a lesser
administrative burden. The vast majority of disciplinary investigations
and actions involve registered practitioners. To the extent an
unregistered practitioner is involved in a disciplinary proceeding, the
Office has the authority to seek to recover the cost of the proceeding
directly from the unregistered practitioner.
Comment 10: One comment asserted that many practitioners never
practice before the Office, but nonetheless find value in maintaining
registration because clients often prefer to have registered patent
practitioners handling their matters. The comment suggested such
individuals would rarely be the basis of disciplinary proceedings at the
Office and therefore should not have to pay an annual practitioner
maintenance fee.
Response: The Office incurs the same administrative cost of
maintaining the roster for practitioners who never practice as well as
active practitioners. Moreover, disciplinary proceedings are not
limited to conduct arising out of practice directly before the Office,
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and a practitioner who does not practice may have an increased
possibility of client complaints stemming from unfamiliarity with
Office practice. It is noted that a practitioner has the option of
requesting voluntary inactive status under section 11.11(d) if the
practitioner is not actively representing others in patent matters
before the Office.
Comment 11: Several comments suggested there should be no annual
practitioner maintenance fee for individuals in voluntary inactive
status, and indicated the reduced annual practitioner maintenance fee
for voluntary inactive practitioners should be eliminated.
Response: The suggestion has not been adopted. The Office continues
to incur administrative costs in maintaining voluntary inactive
practitioners on the roster, and voluntary inactive practitioners may
be the subject of disciplinary investigation.
Comment 12: A number of comments asserted the cost of administering
the roster and operating the disciplinary system should continue to be
funded from application fees because practitioners will simply pass the
cost of the annual practitioner maintenance fee on to clients as an
overhead expense.
Response: The suggestion has not been adopted. Like state bars, the
cost of administering the roster, including operating the Office
disciplinary system, is properly borne primarily by practitioners
rather than pro se applicants and other applicants.
Comment 13: Several comments asserted registration is a one-time
event and suggested the costs of maintaining the roster and operating
the disciplinary system should be recovered solely from fees collected
at the time a practitioner applies for registration and initial
registration fees.
Response: The suggestion has not been adopted. Fees collected at
the time a practitioner applies for registration (i.e., application fee
and examination fee) recover the cost of processing applications for
registration and administering the registration examination; the
initial registration fee recovers the administrative costs of initial
registration. Maintaining the roster, including the disciplinary
system, are not one-time events; they are ongoing processes incurring
ongoing costs.
Comment 14: One comment indicated the annual practitioner
maintenance fee should not be implemented because it would create an
economic disincentive discouraging students and unemployed scientists
from taking and passing the registration examination.
Response: The suggestion has not been adopted. Persons newly
registered are not liable for annual practitioner maintenance during
the fiscal year in which they are first registered. Individuals may
choose to go on voluntary inactive status if they are not practicing.
Comment 15: One comment asserted a practitioner may not be
administratively suspended for failure to pay an annual practitioner
maintenance fee without first being afforded notice and the opportunity
for a hearing.
Response: Under § 11.11(b), practitioners will be given advance
notice of an impending administrative suspension as well as the
opportunity for a hearing.
Comment 16: One comment suggested administrative suspension for
failure to pay an annual practitioner maintenance fee would infringe on
the right to free speech by preventing the administratively suspended
practitioner from talking to another person about a patent application.
Response: An administratively suspended practitioner would be
prohibited from practicing before the Office. The administratively
suspended practitioner would not be prohibited from talking to another
person about a patent application so long as the discussion does not
constitute the practice of law before the Office.
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Rule Making Considerations
Regulatory Flexibility Act: The Deputy General Counsel for General
Law, United States Patent and Trademark Office, certified to the Chief
Counsel for Advocacy, Small Business Administration, that the changes
in this final rule will not have a significant impact on a substantial
number of small entities (Regulatory Flexibility Act, 5 U.S.C. 605(b)).
The provisions of the Regulatory Flexibility Act relating to the
preparation of a regulatory flexibility analysis are not applicable to
this final rule because the rule will not have a significant economic
impact on a substantial number of small entities.
The final rule assesses a $118 annual practitioner maintenance fee
upon registered attorneys and agents in active status and individuals
granted limited recognition under 37 CFR 11.9(b). The Office estimates
that approximately 37,000 practitioners will be subject to this fee
under the final rule. The Office estimates that, in 2006, the average
annual income in the United States of solo practitioners was $231,777;
of patent attorneys who are partners in private firms, $434,464; of
patent attorneys who are associates in private firms, $152,677; and of
corporate IP attorneys, $198,109; and the average annual salary of
patent agents in a firm in the United States was $92,761. AIPLA Report
of the Economic Survey 2007, pp. 10, I-21, I-35, I-58 and F-25 (2007).
Because the annual practitioner maintenance fee is less than one
seventh of one percent of practitioners having an average annual income
of $92,761 or more, this fee will not have a significant economic
impact on practitioners.
It is estimated that annually about 150 practitioners will be in
voluntary inactive status. Practitioners who choose voluntary inactive
status are not required to pay the $118 annual practitioner maintenance
fee. Rather, these practitioners must pay a $25 annual practitioner
maintenance fee that will be assessed annually to registered attorneys
and agents in voluntary inactive status. The Office estimates that the
average income of an inactive practitioner in 2006 would have been
comparable to the average income of a household the same year, $66,570.
Income, Poverty, and Health Insurance Coverage in the United States:
2006, Current Population Reports, Consumer Income, U.S. Department of
Commerce, pp. 27-29 (2007). The $25 annual practitioner maintenance fee
assessed annually to registered attorneys and agents in voluntary
inactive status is less than four one-hundredth of one percent of a
household's annual income. Thus, this fee does not have a significant
economic impact on a substantial number of small entities.
It is estimated that annually about ten practitioners in voluntary
inactive status will request restoration to active status. The final
rule imposes a $50 fee for requesting restoration to active status from
voluntary inactive status. As previously noted, the Office estimates
that, in 2008, the average annual income of patent attorneys in the
United States is over $100,000, and the average annual income of patent
agents in the United States is over $90,000. Thus, the $50 fee for
requesting restoration to active status from involuntary status does
not have a significant economic impact on a substantial number of small
entities.
It is also estimated that the requests of all practitioners in
voluntary inactive status for restoration to active status will
be granted. Thus, these practitioners (the Office estimates that there
will be ten) must then pay the balance of the annual practitioner
maintenance fee. These practitioners must pay an additional $93 fee for
the balance due upon restoration to active status from voluntary
inactive status ($118 minus the $25 inactive status fee already paid).
As previously noted, the total fee of $118 will not have a significant
economic impact on practitioners because it represents less than one
seventh of one percent of practitioners having an average annual income
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of $92,761 or more. In addition, since only approximately ten
practitioners out of approximately 37,000 practitioners are expected to
be affected by this fee, this fee in the final rule will not impact a
substantial number of small entities.
It is estimated that about 175 practitioners will be delinquent in
paying their annual practitioner maintenance fee. The final rule
imposes a $50 delinquency fee. This fee can be avoided in its entirety
by simply paying the annual fee in a timely manner.
It is estimated that about 100 practitioners delinquent in paying
their annual practitioner maintenance fee will be administratively
suspended and will seek administrative reinstatement. The final rule
imposes a $100 administrative reinstatement fee. Again, this fee can be
avoided in its entirety by simply paying the annual fee prior to
administrative suspension.
Even assuming that a practitioner chooses to switch from inactive
to active status, and chooses to pay the fees late (by incurring a
delinquency fee, administrative reinstatement fee and annual
practitioner maintenance fee), the highest dollar amount assessed to
any practitioner in this situation would be $268. It is estimated that
only about 100 practitioners would be required to pay all of these
fees. Given that the Office estimates the average annual income of
patent attorneys in the United States is over $100,000, and the average
annual income of patent agents in the United States is over $90,000,
the total impact of all fees in this final rule does not have a
significant economic impact on a substantial number of small entities.
Executive Order 13132: This notice of final rule making does not
contain policies with federalism implications sufficient to warrant
preparation of a Federalism Assessment under Executive Order 13132
(August 4, 1999).
Executive Order 12866: This notice of final rule making has been
determined to be significant for purposes of Executive Order 12866
(September 30, 1993).
Paperwork Reduction Act: This notice of final rule making involves
information collection requirements which are subject to review by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.). This notice of final rule making
contains revisions governing the payment of an annual practitioner
maintenance fee by patent practitioners to recover the costs of
maintaining a roster of persons authorized to practice in patent cases
before the USPTO and the costs of operating the USPTO disciplinary
system. The principal impact of the changes in this notice of final
rule making is on registered practitioners and individuals otherwise
recognized to practice in patent cases before the USPTO. The
information collections involved in this proposed rule have been
previously reviewed and approved by OMB under OMB control number 0651-
0012. The proposed revisions do not affect the information collection
requirements for 0651-0012, so the USPTO is not resubmitting the
collection to OMB for review and approval.
The title, description, and respondent description of the currently
approved information collections for 0651-0012 are shown below with
estimates of the annual reporting burdens. Included in the estimates is
the time for reviewing instructions, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
OMB Number: 0651-0012.
Title: Admittance to Practice and Roster of Registered Patent
Attorneys and Agents Admitted to Practice Before the Patent and
Trademark Office (USPTO).
Form Numbers: PTO-158, PTO-158A, PTO-275, PTO-107A, PTO-1209,
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PTO-2126, PTO-2149, and PTO-2150.
Type of Review: Approved through December of 2010.
Affected Public: Individuals or households, businesses or other
for-profit, Federal Government, and state, local, or tribal
governments.
Estimated Number of Respondents: 72,122.
Estimated Time per Response: 5 minutes to 40 hours.
Estimated Total Annual Burden Hours: 89,475 hours.
Needs and Uses: The public uses the forms in this collection to
ensure that all of the necessary information is provided to the
USPTO and to request inclusion on the Register of Patent Attorneys
and Agents.
Comments are Invited on: (1) Whether the collection of information
is necessary for proper performance of the functions of the agency; (2)
the accuracy of the agency's estimate of the burden; (3) ways to
enhance the quality, utility, and clarity of the information to be
collected; and (4) ways to minimize the burden of the collection of
information to respondents.
Interested persons are requested to send comments regarding these
information collections, including suggestions for reducing this
burden, to Harry I. Moatz, Director of Enrollment and Discipline, Mail
Stop OED-Ethics Rules, U.S. Patent and Trademark Office, P.O. Box 1450,
Alexandria, Virginia 22313-1450, or to the Office of Information and
Regulatory Affairs, Office of Management and Budget, New Executive
Office Building, Room 10202, 725 17th Street, NW., Washington, DC
20503, Attention: Desk Officer for the United States Patent and
Trademark Office.
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
List of Subjects
37 CFR Part 1
Administrative practice and procedure, Patents.
37 CFR Part 11
Administrative practice and procedure, Inventions and patents,
Lawyers, Reporting and recordkeeping requirements.
. For the reasons set forth in the preamble, the United States Patent and
Trademark Office is amending 37 CFR Parts 1 and 11 as follows:
PART 1 - RULES OF PRACTICE IN PATENT CASES
. 1. The authority citation for 37 CFR part 1 continues to read as follows:
Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.
. 2. In § 1.21, remove and reserve paragraph (a)(3), and add paragraphs
(a)(7), (a)(8) and (a)(9) to read as follows:
§ 1.21 Miscellaneous fees and charges.
(a) * * *
(3) [Reserved]
* * * * *
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(7) Annual practitioner maintenance fee for registered attorney or agent.
(i) Active Status - $118.00.
(ii) Voluntary Inactive Status - $25.00.
(iii) Fee for requesting restoration to active status from voluntary
inactive status - $50.00.
(iv) Balance due upon restoration to active status from voluntary
inactive status - $93.00.
(8) Annual practitioner maintenance fee for individual granted
limited recognition - $118.00.
(9)(i) Delinquency fee - $50.00.
(ii) Administrative reinstatement fee - $100.00.
* * * * *
PART 11 - REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT
AND TRADEMARK OFFICE
. 3. Revise the authority citation for 37 CFR part 11 to read as follows:
Authority: 5 U.S.C. 500, 15 U.S.C. 1123, 35 U.S.C. 2(b)(2), 32, 41.
. 4. Amend § 11.8 by adding paragraph (d) to read as follows:
§ 11.8 Oath, registration fee, and annual practitioner maintenance fee.
* * * * *
(d) Annual practitioner maintenance fee. A registered patent
attorney or agent shall annually pay to the USPTO Director a
practitioner maintenance fee in the amount set forth in §
1.21(a)(7) of this subchapter. Individuals granted limited recognition
under paragraph (b) of § 11.9 shall annually pay to the USPTO
Director a practitioner maintenance fee in the amount set forth in
§ 1.21(a)(8) of this subchapter. Adequate notice shall be published
and sent to practitioners in advance of the due date for payment of the
annual practitioner maintenance fee. Payment shall be for the fiscal
year in which the annual practitioner maintenance fee is assessed.
Payment shall be due by the last day of the payment period. Persons
newly registered or granted limited recognition shall not be liable for
the annual practitioner maintenance fee during the fiscal year in which
they are first registered or granted limited recognition. Failure to
comply with the provisions of this paragraph (d) shall require the OED
Director to subject a practitioner to a delinquency fee penalty set
forth in § 11.11(b)(1), and further financial penalties and
administrative suspension as set forth in § 11.11(b)(2) and (b)(3).
. 5. Revise § 11.11 to read as follows:
§ 11.11 Administrative suspension, inactivation, resignation, and
readmission.
(a) A registered attorney or agent must notify the OED Director of
his or her postal address for his or her office, up to three e-mail
addresses where he or she receives e-mail, and business telephone
number, as well as every change to any of said addresses or telephone
numbers within thirty days of the date of the change. A registered
attorney or agent shall, in addition to any notice of change of address
and telephone number filed in individual patent applications,
separately file written notice of the change of address or telephone
number to the OED Director. A registered practitioner who is an
attorney in good standing with the bar of the highest court of one or
more States shall provide the OED Director with the State bar
identification number associated with each membership. The OED Director
shall publish from the roster a list containing the name, postal
business addresses, business telephone number, registration number, and
registration status as an attorney or agent of each registered
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practitioner recognized to practice before the Office in patent cases.
(b) Administrative suspension. (1) Whenever it appears that a
registered patent attorney, a registered patent agent or a person
granted limited recognition under § 11.9(b) has failed to comply
with § 11.8(d), the OED Director shall publish and send a notice to
the attorney, agent or person granted limited recognition advising of
the noncompliance, the consequence of being administratively suspended
under paragraph (b)(5) of this section if noncompliance is not timely
remedied, and the requirements for reinstatement under paragraph (f) of
this section. The notice shall be published and sent to the attorney,
agent or person granted limited recognition by mail to the last postal
address furnished under paragraph (a) of this section or by e-mail
addressed to the last e-mail addresses furnished under paragraph (a) of
this section. The notice shall demand compliance and payment of a
delinquency fee set forth in § 1.21(a)(9)(i) of this subchapter
within sixty days after the date of such notice.
(2) In the event a registered patent attorney, registered patent
agent or person granted limited recognition fails to comply with the
notice of paragraph (b)(1) of this section within the time allowed, the
OED Director shall publish and send in the manner provided for in
paragraph (b)(1) of this section to the attorney, agent, or person
granted limited recognition a Rule to Show Cause why his or her
registration or recognition should not be administratively suspended,
and he or she no longer be permitted to practice before the Office in
patent matters or in any way hold himself or herself out as being
registered or authorized to practice before the Office in patent
matters. The OED Director shall file a copy of the Rule to Show Cause
with the USPTO Director.
(3) Within 30 days of the OED Director's sending the Rule to Show
Cause identified in § 11.11(b)(2), the registered patent attorney,
registered patent agent or person granted limited recognition may file
a response to the Rule to Show Cause with the USPTO Director. The
response must set forth the factual and legal bases why the person
should not be administratively suspended. The registered patent
attorney, registered patent agent or person granted limited recognition
shall serve the OED Director with a copy of the response at the time it
is filed with the USPTO Director. Within ten days of receiving a copy
of the response, the OED Director may file a reply with the USPTO
Director that includes documents demonstrating that the notice
identified in § 11.11(b)(1) was published and sent to the
practitioner in accordance with § 11.11(b)(1). A copy of the reply
by the OED Director shall be served on the registered patent attorney,
registered patent agent or person granted limited recognition. When
acting on the Rule to Show Cause, if the USPTO Director determines that
there are no genuine issues of material fact regarding the Office's
compliance with the notice requirements under this section or the
failure of the person to pay the requisite fees, the USPTO Director
shall enter an order administratively suspending the registered patent
attorney, registered patent agent or person granted limited
recognition. Otherwise, the USPTO Director shall enter an appropriate
order dismissing the Rule to Show Cause. Nothing herein shall permit an
administratively suspended registered patent attorney, registered
patent agent or person granted limited recognition to seek a stay of
the administrative suspension during the pendency of any review of the
USPTO Director's final decision.
(4) An administratively suspended attorney, agent or person granted
limited recognition remains responsible for paying his or her annual
practitioner maintenance fee required by § 11.8(d).
(5) An administratively suspended attorney, agent or person granted
limited recognition is subject to investigation and discipline for his
or her conduct prior to, during, or after the period he or she was
administratively suspended.
(6) An administratively suspended attorney, agent or person granted
limited recognition is prohibited from practicing before the Office in
patent cases while administratively suspended. An attorney, agent or
person granted limited recognition who knows he or she has been
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administratively suspended under this section will be subject to
discipline for failing to comply with the provisions of this paragraph.
(c) Administrative Inactivation. (1) Any registered practitioner
who shall become employed by the Office shall comply with § 10.40
of this subchapter for withdrawal from the applications, patents, and
trademark matters wherein he or she represents an applicant or other
person, and notify the OED Director in writing of said employment on
the first day of said employment. The name of any registered
practitioner employed by the Office shall be endorsed on the roster as
administratively inactive. The practitioner shall not be responsible
for payments of the annual practitioner maintenance fee each complete
fiscal year while the practitioner is in administratively inactive
status. Upon separation from the Office, the practitioner may request
reactivation by completing and filing an application, Data Sheet,
signing a written undertaking required by § 11.10, and paying the
fee set forth in § 1.21(a)(1)(i) of this subchapter. Upon
restoration to active status, the practitioner shall be responsible for
paying the annual practitioner maintenance fee for the fiscal year in
which the practitioner is restored to active status. An
administratively inactive practitioner remains subject to the
provisions of the Mandatory Disciplinary Rules identified in § 10.20(b)
of this subchapter, and to proceedings and sanctions under
§§ 11.19 through 11.58 for conduct that violates a provision of
the Mandatory Disciplinary Rules identified in § 10.20(b) of this
subchapter prior to or during employment at the Office. If, within 30
days after separation from the Office, the practitioner does not
request active status or another status, the practitioner will be
endorsed on the roster as voluntarily inactive and be subject to the
provisions of paragraph (d) of this section.
(2) Any registered practitioner who is a judge of a court of
record, full-time court commissioner, U.S. bankruptcy judge, U.S.
magistrate judge, or a retired judge who is eligible for temporary
judicial assignment and is not engaged in the practice of law may
request, in writing, that his or her name be endorsed on the roster as
administratively inactive. Upon acceptance of the request, the OED
Director shall endorse the name of the practitioner as administratively
inactive. The practitioner shall not be responsible for payment of the
annual practitioner maintenance fee for each complete fiscal year the
practitioner is in administratively inactive status. Following
separation from the bench, the practitioner may request restoration to
active status by completing and filing an application, Data Sheet,
signing a written undertaking required by § 11.10, and paying the
fee set forth in § 1.21(a)(1)(i) of this subchapter. Upon
restoration to active status, the practitioner shall be responsible for
paying the annual practitioner maintenance fee for the fiscal year in
which the practitioner is restored to active status.
(d) Voluntary Inactivation. (1) Except as provided in paragraph
(d)(4) of this section, any registered practitioner may voluntarily
enter inactive status by filing a request, in writing, that his or her
name be endorsed on the roster as voluntarily inactive. Upon acceptance
of the request, the OED Director shall endorse the name as voluntarily
inactive.
(2) A registered practitioner in voluntary inactive status shall be
responsible for payment of the annual practitioner maintenance fee for
voluntary inactive status set forth in § 1.21(a)(7)(ii) of this
subchapter for each complete fiscal year the practitioner continues to
be in voluntary inactive status.
(3) A registered practitioner who seeks or enters into voluntary
inactive status is subject to investigation and discipline for his or
her conduct prior to, during, or after the period of his or her
inactivation.
(4) A registered practitioner who is in arrears in paying annual
practitioner maintenance fees or under administrative suspension for
annual practitioner maintenance fee delinquency is ineligible to seek
or enter into voluntary inactive status.
(5) A registered practitioner in voluntary inactive status is
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prohibited from practicing before the Office in patent cases while in
voluntary inactive status. A practitioner in voluntary inactive status
will be subject to discipline for failing to comply with the provisions
of this paragraph. Upon acceptance of the request for voluntary
inactive status, the practitioner must comply with the provisions of
§ 10.40 of this subchapter.
(6) Any registered practitioner whose name has been endorsed as
voluntarily inactive pursuant to paragraph (d)(1) of this section and
is not under investigation, not subject to a disciplinary proceeding,
and not in arrears for the annual practitioner maintenance fee for
voluntary inactive status may be restored to active status on the
register as may be appropriate provided that the practitioner files a
written request for restoration, a completed application for
registration on a form supplied by the OED Director furnishing all
requested information and material, including information and material
pertaining to the practitioner's moral character and reputation under
§ 11.7(a)(2)(i) during the period of inactivation, a declaration or
affidavit attesting to the fact that the practitioner has read the most
recent revisions of the patent laws and the rules of practice before
the Office, and pays the fees set forth in §§ 1.21(a)(7)(iii)
and (iv) of this subchapter.
(e) Resignation. A registered practitioner or a practitioner
recognized under § 11.14(c), who is neither under investigation
under § 11.22 for a possible violation of the Mandatory
Disciplinary Rules identified in § 10.20(b) of Part 10 of this
subchapter, subject to discipline under §§ 11.24 or 11.25, nor
a practitioner against whom no probable cause has been found by a panel
of the Committee on Discipline under § 11.23(b), may resign by
notifying the OED Director in writing that he or she desires to resign.
Upon acceptance in writing by the OED Director of such notice, that
registered practitioner or practitioner under § 11.14 shall no
longer be eligible to practice before the Office but shall continue to
file a change of address for five years thereafter in order that he or
she may be located in the event information regarding the
practitioner's conduct comes to the attention of the OED Director or
any grievance is made about his or her conduct while he or she engaged
in practice before the Office. The name of any registered practitioner
whose resignation is accepted shall be removed from the register,
endorsed as resigned, and notice thereof published in the Official
Gazette. Upon acceptance of the resignation by the OED Director, the
practitioner must comply with the provisions of § 10.40 of this
subchapter.
(f) Administrative reinstatement. (1) Any registered practitioner
who has been administratively suspended pursuant to paragraph (b) of
this section, or who has resigned pursuant to paragraph (e) of this
section, may be reinstated on the register provided the practitioner
has applied for reinstatement on an application form supplied by the
OED Director, demonstrated compliance with the provisions of
§§ 11.7(a)(2)(i) and (iii), and paid the fees set forth in
§§ 1.21(a)(7)(i), (a)(9)(i) and (a)(9)(ii) of this subchapter. Any person
granted limited recognition who has been administratively suspended
pursuant to paragraph (b) of this section may have their recognition
reactivated provided the practitioner has applied for reinstatement on
an application form supplied by the OED Director, demonstrated compliance
with the provisions of §§ 11.7(a)(2)(i) and (iii), and paid the fees set
forth in §§ 1.21(a)(8)(i), (a)(9)(i) and (a)(9)(ii) of this subchapter.
A practitioner who has resigned or was administratively suspended for two
or more years before the date the Office receives a completed
application from the person who resigned or was administratively
suspended must also pass the registration examination under
§ 11.7(b)(1)(ii). Any reinstated practitioner is subject to investigation
and discipline for his or her conduct that occurred prior to, during,
or after the period of his or her administrative suspension or resignation.
(2) Any registered practitioner whose registration has been
administratively inactivated pursuant to paragraph (c) of this section
may be reinstated to the register as may be appropriate provided within
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two years after his or her employment with the Office ceases or within
two years after his or her employment in a judicial capacity ceases the
following is filed with the OED Director: a request for reinstatement,
a completed application for registration on a form supplied by the OED
Director furnishing all requested information and material, and the fee
set forth in § 1.21(a)(9)(ii) of this subchapter. Any registered
practitioner inactivated or reinstated is subject to investigation and
discipline for his or her conduct before, during, or after the period
of his or her inactivation.
November 10, 2008 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
| Miscellaneous Changes to Trademark Rules of Practice |
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 2, 3, 6 and 7
[Docket No. PTO-T-2005-0018]
RIN 0651-AB89
Miscellaneous Changes to Trademark Rules of Practice
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
SUMMARY: The United States Patent and Trademark Office ("Office") is
amending the Trademark Rules of Practice to clarify certain
requirements for applications, intent to use documents, amendments to
classification, requests to divide, and Post Registration practice; to
modernize the language of the rules; and to make other miscellaneous
changes. For the most part, the rule changes are intended to codify
existing practice, as set forth in the Trademark Manual of Examining
Procedure ("TMEP").
DATES: This rule is effective January 16, 2009.
FOR FURTHER INFORMATION: Contact Mary Hannon, Office of the
Commissioner for Trademarks, by telephone at (571) 272-9569.
SUPPLEMENTARY INFORMATION: A proposed rule was published in the Federal
Register on June 12, 2008 at 73 FR 33356, and in the Official Gazette
on July 8, 2008. The Office received comments from one law firm and one
organization. These comments are posted on the Office's Web site at
http://www.uspto.gov/web/offices/pac/dapp/opla/comments/tm_
comments2008aug20/index.htm, and are addressed below.
References below to "the Act," "the Trademark Act," or "the
statute" refer to the Trademark Act of 1946, 15 U.S.C. 1051 et seq.,
as amended. References to "TMEP" or "Trademark Manual of Examining
Procedure" refer to the 5th edition, September 2007. References to the
"TBMP" or "Trademark Trial and Appeal Board Manual of Procedure"
refer to the 2nd edition, Rev. 1, March 12, 2004.
Where appropriate, the Office has reworded or reorganized the rules
for clarity, and added headings to facilitate navigation through the
rules.
On August 14, 2008, the Office published a final rule that, inter
alia, removed §§ 10.14 and 10.18 of this chapter and replaced
them with new §§ 11.14 and 11.18; added a definition of
"attorney" to § 11.1 of this chapter; and changed cross-
references in several of the rules in parts 2 and 7 of this chapter.
The rule change was effective September 15, 2008. See notice at 73 FR
47650 (Aug. 14, 2008). The cross-references in this notice have been
changed accordingly.
Applications for Registration
The Office is amending § 2.21(a) to require that an application
under section 1 or section 44 of the Trademark Act must be in the
English language to receive a filing date.
Comment: One comment requested clarification as to whether the rule
applies to applications under section 66(a) of the Trademark Act.
Response: The preamble of § 2.21 explicitly states that the
rule applies only to "an application under section 1 or section 44 of
the Act." In a section 66(a) application (i.e., a request for
extension of protection of an international registration to the United
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States pursuant to the Madrid Protocol), the minimum filing
requirements are set forth in section 66(b) of the Act, and compliance
with these requirements is determined by the International Bureau of
the World Intellectual Property Organization ("IB") prior to sending
to the Office the request for extension of protection to the United
States. See TMEP section 1904.01(b) for further information about the
filing date of a section 66(a) application.
The Office is removing § 2.21(c) because it is unnecessary.
While it remains true that applicants who file on paper may resubmit
the application documents and receive a new filing date as of the date
of resubmission, it is unnecessary to say so in a rule.
The Office is amending § 2.23(a)(2), which requires that a TEAS
Plus applicant continue to receive communications from the Office by
electronic mail during the pendency of the application, to add a
requirement that a TEAS Plus applicant maintain a valid e-mail
correspondence address in order to maintain TEAS Plus status. If the
e-mail address changes, the applicant must notify the Office of the new
e-mail address. If an applicant chooses to receive correspondence on
paper, the applicant will have to pay the processing fee required by
§§ 2.6(a)(1)(iv) and 2.23(b).
The Office is amending § 2.32(a)(3)(iii) to indicate that the
requirement for inclusion of the names and citizenship of the general
partners in an application by a partnership applies only to domestic
partnerships. Similarly, the Office is adding § 2.32(a)(3)(iv) to
provide that if the applicant is a domestic joint venture,
the application must include the names and citizenship of all active
members of the joint venture. These requirements are consistent with
TMEP section 803.03(b). Because the Office does not track the varying
legal effects of partnership and joint venturer status in foreign
countries, and the relevance of this additional information has not
been established, this requirement does not apply to foreign
partnerships or foreign joint ventures.
Comment: Though noting that these requirements are consistent with
the long-standing past practice of the Office, one commenter asserted
that the requirements to set forth the names and citizenship of general
partners and joint venturers impose an unfair burden of disclosure on
domestic applicants because it does not apply to foreign partnerships.
Response: The Office is considering whether current practice
regarding the requirement for the names and citizenship of general
partners and active members of joint venturers should be changed, and
will issue a new proposed rule if necessary. However, the Office
believes it appropriate to incorporate its long-standing practice into
the rules at this time.
The Office is amending § 2.32(a)(6) to delete the word "and."
The Office is amending § 2.32(a)(8) to change a period to a
semicolon.
New § 2.32(a)(9) provides that if a mark includes non-English
wording, the applicant must submit an English translation of that
wording. New § 2.32(a)(10) provides that if the mark includes non-
Latin characters, the applicant must submit a transliteration of those
characters and either a translation of the corresponding non-English
word(s) or a statement that the transliterated term has no meaning in
English. This is consistent with the long-standing practice of the
Office. TMEP section 809 et seq.
Comment: One commenter noted "inconsistent treatment requiring
translations between non-English wording and non-Latin characters,"
and asked the Office to "consider whether the rules should also
require an applicant to state whether non-English wording has no direct
English meaning (e.g., idiomatic expressions)."
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Response: Section 2.32(a)(9) as written requires applicants to set
forth both the direct literal translation of foreign wording and the
meaning of foreign idiomatic expressions, and thus there is no
inconsistency on this point. The requirement for translation of "non-
English wording" encompasses only terms that have meaning in a foreign
language, and does not apply to coined terms. In cases where a term has
no meaning in a foreign language, it is often unnecessary to submit any
statement regarding the significance of the term. However, in marks
that include non-Latin characters, a transliteration is always
necessary. Where a transliteration must be provided, the Office
requires that the applicant also indicate whether the transliterated
term has meaning in a foreign language.
The Office is amending § 2.33(b)(1) to remove the requirement
that an application include a verified statement that the applicant
"has adopted and is using the mark shown in the accompanying
drawing." This language is not required by statute and is deemed
unnecessary. The rule as amended requires an allegation that "the mark
is in use in commerce."
The Office is amending §§ 2.34(a)(1)(i), (a)(2), (a)(3)(i),
and (a)(4)(ii) to change "must allege" to "must also allege." This
clarifies that the requirement for an allegation of current use or bona
fide intention to use the mark in commerce applies to verifications
filed after the application filing date.
The Office is adding § 2.34(a)(1)(v) to provide that if more
than one item of goods or services is specified in a section 1(a)
application, the dates of use need be for only one of the items
specified in each class, provided that the particular item to which the
dates apply is designated. This requirement for section 1(a)
applications previously appeared in § 2.33(a)(2), but was
inadvertently removed effective October 30, 1999, by the final rule
published at 64 FR 48900 (Sept. 8, 1999). This requirement is
consistent with the current requirements for allegations of use under
§§ 2.76(c) and 2.88(c).
Comment: The Trademark Electronic Application System ("TEAS")
forms for filing applications and allegations of use do not provide for
disclosure of the goods/services to which the date of first use
applies, and should be updated accordingly.
Response: It is possible to designate the goods or services to
which the dates of use apply in the current TEAS forms. In a TEAS Plus
application, or a regular TEAS application in which the applicant
enters the goods/services using the Office's on-line Acceptable
Identification of Goods and Services Manual ("USPTO ID Manual"),
different dates of use can be provided for any particular item (after
assigning a section 1(a) filing basis to the item and clicking on the
"1(a)" link for that item and entering the relevant information). If
the applicant uses the free-text entry approach to identify the goods/
services in a regular TEAS application, the on-line instructions advise
the applicant to parenthetically indicate the item to which the dates
apply (e.g., "pants, shirts (02/02/2000), shoes"). Alternatively, the
applicant can use the Miscellaneous Statement field of the Additional
Statement section of the application form to enter the information. In
the Allegation of Use form, the applicant may enter the information in
the existing free-text field for describing the submitted specimen
(e.g., "The specimen consists of a label. The stated dates of first
use apply specifically to shirts.").
The Office is amending §§ 2.44(b) and 2.45(b), which
pertain to collective and certification marks, to add a reference to
section 66(a) applications. This corrects an oversight.
The Office is amending § 2.47(a) to remove the requirement for
a specific allegation that a mark has been in "lawful" use in
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commerce in an application for registration on the Supplemental
Register. Because the definition of "commerce" in section 45 of the
Trademark Act is "all commerce which may lawfully be regulated by
Congress," the Office presumes that an applicant who alleges that
"the mark is in use in commerce" is claiming lawful use. The Office
generally questions the lawfulness of the alleged use in commerce only
where the record shows a clear violation of law, such as the sale or
transportation of a controlled substance. TMEP section 907.
The Office is also removing the requirement in § 2.47(a) that
the applicant specify the type of commerce in which the mark is used.
Because the definition of "commerce" in section 45 of the Act is
"all commerce which may lawfully be regulated by Congress," the
Office presumes that a registrant who alleges that the mark is in use
in commerce is alleging that the mark is in use in a type of commerce
that Congress may regulate. The Office amended the Trademark Rules of
Practice to remove the requirement for a specification of the type of
commerce in applications for registration under section 1(a) of the
Act, allegations of use in applications under section 1(b) of the Act,
and affidavits under sections 8 and 15 of the Act, effective October
30, 1999 (see notice at 64 FR 48900 (Sept. 8, 1999)), but inadvertently
overlooked §§ 2.47(a) and 2.153.
The Office is adding § 2.48, providing that the Office does not
issue duplicate registrations. If two applications on the same register
would result in registrations that are exact duplicates, the Office
will permit only one application to mature into registration,
and will refuse registration in the other application. This codifies
the long-standing practice of the Office. TMEP section 703. The Office
will normally refuse registration in the later-filed application. The
applicant may overcome the refusal by abandoning one of the
applications or surrendering the registration.
The Office is amending § 2.52(b) to provide that special form
drawings of marks that do not include color "should" show the mark in
black on a white background, rather than that the drawing "must" show
the mark in black on a white background. This gives examining attorneys
discretion to accept a drawing that shows the mark in white on a black
background, if this will more accurately depict the mark.
The Office is amending § 2.52(b)(1) to change the heading
"Color marks" to "Marks that include color." This corrects an
error. "Color marks" are marks that consist solely of one or more
colors used on particular objects, and § 2.52(b)(1) applies to all
marks that include color.
The Office is amending § 2.53(a) to remove the reference to
submission of a digitized image of a standard character mark as a
drawing in a TEAS application. This option no longer exists. An
applicant who wants to apply for a standard character mark through TEAS
must use the default setting within the form, namely, the selected
button for "Standard Characters," and type the characters comprising
the mark in the appropriate field on the TEAS form. TEAS generates the
drawing. The Office is combining §§ 2.53(a)(1) and (2), because
the requirements for standard character drawings in TEAS and TEAS Plus
applications are now identical.
The Office is amending § 2.56(b)(1) to add a reference to
"displays associated with the goods." This conforms the rule with the
definition of "use in commerce" in section 45 of the Act.
The Office is amending § 2.56(d)(2) to add a provision that
where an applicant files a paper specimen that exceeds the size
requirements of paragraph (d)(1), and the Office creates a digital
facsimile copy of the specimen, the Office may destroy the original
bulky specimen. This is consistent with current practice. TMEP section
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904.02(b).
The Office is amending § 2.56(d)(4) to provide that specimens
filed through TEAS may be in .pdf format. This provides TEAS filers
with an additional option for filing specimens, and is consistent with
current practice.
The Office is amending § 2.62 and its heading to add a
requirement that a response to an Office action be signed by the
applicant, someone with legal authority to bind the applicant (e.g., a
corporate officer or general partner of a partnership), or a
practitioner who meets the requirements of § 11.14 ("qualified
practitioner"). This is consistent with TMEP section 712.01.
The Office is amending § 2.64(c)(1) to state that the filing of
an amendment to allege use does not extend the deadline for filing a
response to an outstanding Office action, an appeal to the Trademark
Trial and Appeal Board ("TTAB"), or a petition to the Director. This
is consistent with current practice. TMEP section 1104.
The Office is amending § 2.65(a) to add a reference to a notice
of appeal as a response that avoids abandonment of an application. This
is consistent with section 12(b) of the Act.
The Office is revising § 2.73 to provide that only an
application that includes section 1(a) of the Trademark Act as a filing
basis, or for which an acceptable allegation of use under § 2.76 or
§ 2.88 has been filed, may be amended to seek concurrent use
registration. The rule currently provides that applications under
section 44 or section 66(a) of the Act may be amended to recite
concurrent use. However, because section 2(d) of the Act requires
concurrent lawful use in commerce by the parties to a concurrent use
proceeding, the Office deems it inappropriate to allow amendment to
seek concurrent use absent allegations and evidence of use in commerce.
The Office is also adding a statement to § 2.99(g) that
applications based solely on section 44 or section 66(a) are not
subject to concurrent use registration proceedings.
The Office is revising § 2.74 to modernize the language and to
add a provision that an amendment to an application must be signed by
the applicant, someone with legal authority to bind the applicant
(e.g., a corporate officer or general partner of a partnership), or a
qualified practitioner. This is consistent with TMEP section 605.02.
Intent To Use
The Office is amending § 2.76(d) to provide that an amendment
to allege use ("AAU") should be captioned "Allegation of Use"
rather than "amendment to allege use." This is consistent with the
language on the Office's TEAS form. The term "allegation of use"
encompasses both AAUs under § 2.76 and statements of use ("SOUs")
under § 2.88. The principal difference between AAUs and SOUs is the
time of filing, and the same TEAS form is used for both filings. The
rule merely sets forth the preferred title; the Office will still
accept documents titled "amendment to allege use" or "statement of
use."
The Office is amending § 2.77 to add a provision that
amendments deleting a basis in a multiple-basis application, notices of
change of attorney, and notices of change of address may be entered in
a section 1(b) application during the period between the issuance of
the notice of allowance and the submission of a statement of use. This
is consistent with current practice. TMEP section 1107.
The Office is amending § 2.88(b)(1)(ii) to clarify that the
dates of use specified in a statement of use must pertain to the goods
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or services identified in the notice of allowance, and that where an
applicant claims section 1(a) for some goods/services in a class and
section 1(b) for other goods/services in the same class, the statement
of use must include dates for the section 1(b) goods/services.
The Office is amending § 2.88(b)(3) to provide that the
applicant must pay a filing fee sufficient to cover at least one class
within the statutory time for filing the statement of use, or the
application will be abandoned. If the applicant submits a fee
insufficient to cover all the classes in a multiple-class application,
the applicant must specify the class(es) to be abandoned. If the
applicant submits a fee sufficient to pay for at least one class, but
insufficient to cover all the classes, and the applicant has not
specified the class(es) to which the fee applies, the Office will issue
a notice granting the applicant additional time to submit the fee(s)
for the remaining class(es), or specify the class(es) to be abandoned.
If the applicant does not submit the required fee(s) or specify the
class(es) to be abandoned within the set time period, the Office will
apply the fees paid, beginning with the lowest numbered class(es), in
ascending order. The Office will delete the goods/services in the
remaining class(es) not covered by the fees submitted. This is
consistent with current practice.
The Office is amending § 2.88(d) to provide that an SOU should
be captioned "Allegation of Use" rather than "statement of use."
This is consistent with the amendment to § 2.76(d), discussed
above.
The Office is amending § 2.88(i)(2) to remove the provision
that if any goods or services specified in the notice of allowance are
omitted from the identification of goods or services in the SOU, the
examining attorney will question the discrepancy and permit the applicant
to reinsert the omitted goods/services, and substitute a provision that the
Office will delete the omitted goods/services from the application and will
not permit the applicant to reinsert them. Currently, if the applicant
omits goods/services identified in the notice of allowance from a paper
SOU, but the applicant has not indicated an intention to delete those
goods/services from the application or filed a request to divide the
application, the examining attorney will contact the applicant to
confirm that the applicant intends to delete the omitted goods/services,
and will permit the applicant to amend the SOU to claim use on or in
connection with the omitted goods/services. However, when an
SOU is filed electronically, the TEAS form requires the applicant to
expressly indicate an intention to delete any omitted goods/services/
class(es), or include them within a separately filed request to divide.
Therefore, if any of the goods/services identified in the notice of
allowance do not appear in the identification of goods/services in a
TEAS SOU, the examining attorney does not question the discrepancy and
the applicant may not reinsert the omitted goods/services. TMEP section
1109.13. These inquiries concerning paper SOUs have sometimes caused
unnecessary delay in applications after the applicant intentionally
omitted goods/services. Therefore, the Office is changing its practice
and will discontinue questioning goods/services that are omitted from
paper SOUs. Under the new rule, the practice with paper SOUs would
conform with the current practice for electronically filed SOUs.
Applicants must set forth (or incorporate by reference) the goods/
services on or in connection with which the mark is in use. This is
consistent with the Office's long-standing practice with respect to
requests for extensions of time to file a statement of use, set forth
in § 2.89(f).
The Office is revising §§ 2.89(a)(2) and (b)(2) to add a
provision that if an applicant timely submits a fee sufficient to pay
for at least one class, but insufficient to cover all the classes, and
the applicant has not specified the class(es) to which the fee applies,
the Office will issue a notice granting the applicant additional time
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to submit the fee(s) for the remaining class(es), or specify the
class(es) to be abandoned. If the applicant does not submit the
required fee(s) or specify the class(es) to be abandoned within the set
time period, the Office will apply the fees paid, beginning with the
lowest numbered class(es), in ascending order. The Office will delete
the remaining goods/services not covered by the fees submitted. This is
consistent with current practice. TMEP section 1108.02(c).
Comment: Additional time is "undefined." No time period is set
forth in the rule or TMEP.
Response: The Office will amend TMEP section 1108.02(c) to indicate
that the applicant will be given thirty days in which to cure the fee
deficiency in an extension request that includes a fee sufficient to
pay for at least one class, but insufficient to cover all the classes.
Amendments to Classification
The Office is amending § 2.85(a) to add a reference to
amendments to adopt international classification.
The Office is combining §§ 2.85(b) and (c), pertaining to
the old United States classification system, and adding a reference to
amendments to adopt international classification.
The Office is redesignating § 2.85(f), pertaining to
certification marks and collective membership marks, as § 2.85(c),
and adding a statement that the classes set forth in §§ 6.3 and
6.4 do not apply to applications based on section 66(a) of the
Trademark Act and registered extensions of protection. This is
consistent with current practice. TMEP section 1904.02(b). Classes A,
B, and 200 are from the old United States classification system that
the United States still uses to classify certification and collective
membership marks, but are not included in the international classes
under the Nice Agreement Concerning the International Classification of
Goods and Services for the Purposes of the Registration of Marks
("Nice Agreement"). Therefore, these classes do not apply to section
66(a) applications and registered extensions of protection, in which
the IB determines classification. The Office is similarly amending
§§ 6.3 and 6.4, indicating that these sections apply only to
applications based on sections 1 and 44 of the Trademark Act and
registrations resulting from such applications.
Current § 2.85(d), which now provides that renewals filed on
registrations issued under a prior classification system are processed
on the basis of that system, is redesignated as § 2.183(f), and
amended to add an exception for registrations that have been amended to
adopt international classification pursuant to § 2.85(e)(3).
New § 2.85(d) provides that in an application under section
66(a) of the Act or registered extension of protection, the
classification cannot be changed from the classification that the IB
has assigned, classes cannot be added, and goods or services cannot be
transferred from one class to another in a multiple-class application.
This is consistent with current practice. TMEP sections 1401.03(d) and
1904.02(b).
Comment: One comment requests that the Office clarify and/or
reconsider this change. The commenter notes that in some instances
"the applicant is seeking to identify a good/service that was not the
subject of classification by the IB." For example, if the
international registration covered "nutritional aids" in Class 30,
the applicant could not amend to "nutritional supplements," because
the United States classifies nutritional supplements in Class 5. This
"works a complete forfeiture of rights" as to the goods or services
that must be deleted from Class 30 in the section 66(a) application.
Response: Under Article 3(2) of the Madrid Protocol, the IB
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controls classification in an international registration. Under section
70(a) of the Trademark Act and Articles 6(3) and 6(4) of the Protocol,
a section 66(a) application and any resulting registration remains part
of and dependent upon the international registration. Since the
international registration is limited to those classes that the IB has
assigned, no legal basis exists for registration of the mark as to
goods/services that fall outside these classes under U.S. standards.
Upon notification of the final grant of protection, the IB would
ultimately refuse any change in classification made during examination
of a section 66(a) application. Therefore, the international
classification of goods/services in a section 66(a) application cannot
be changed from the classification that the IB has assigned.
While the IB controls classification, the same standards of
specificity used in examining applications under sections 1 and 44 of
the Act govern the propriety of the identification of goods/services in
a section 66 (a) application. Section 68(a) of the Act; Madrid Protocol
Article 5(1). Accordingly, if the initial identification of goods/
services in a section 66(a) application is definite but misclassified
under U.S. standards, the Office will accept the identification in the
IB-assigned class. However, if the initial identification of goods/
services is not definite, the classification cannot be changed and the
scope of the identification for purposes of permissible amendment is
limited by the classification that the IB has assigned. See TMEP
section 1904.02(b) and Examination Guide 3-08, Examination Procedures
for Identifications of Goods and Services in Applications under
Trademark Act Section 66(a) pursuant to the Madrid Protocol (July 2,
2008), available on the Office's Web site at
http://www.uspto.gov/web/offices/tac/notices/examguide3-08.htm.
Thus, in the commenter's example above, if the international
registration covered "nutritional aids" in Class 30, the applicant
could not amend to "nutritional supplements," because "nutritional
aids" is an indefinite identification that can only be amended within
the scope of the IB-designated Class 30. However, if the international
registration covered "nutritional supplements" in Class 30, the
Office would permit registration in Class 30, even though the Office
classifies these goods in Class 5. No rights would be forfeited. Thus,
international applicants who plan to seek an extension of protection to
the United States can avoid forfeiting rights in a particular item by
reviewing the USPTO ID Manual before filing the request for extension
of protection of an international registration to the United States.
The applicant can then include language in the international
application, or by entry of a limitation of the goods or services
extended to the United States, that will be acceptable in the United
States. Alternatively, the applicant can seek registration in the
United States under a different basis, such as section 1(b) or section
44. Regarding limitations, see TMEP sections 1904.03(g) and 1904.15,
and Examination Guide 3-08, sections IV et seq.
Comment: The Office should consider implementing a pseudo-
classification system so that the Office's automated search system
would show the classes that the Office considers to be "correct" in
cases where the classification designated by the IB differs from that
of the Office. This would permit all Madrid applicants to amend the
classification of goods/services in the same way non-Madrid filers
presently do, and retain the full scope of protection afforded by
registration. This would also ensure that a product or service that is
"misclassified" by the IB is discovered in a search of Office
records.
Response: The Office is developing such a system, to ensure that
relevant marks in section 66(a) applications will be found in a search
of Office records, even if the IB and USPTO classifications differ.
However, that does not change the fact that no legal basis exists for
registration of the mark in the United States as to goods/services that
do not fall within the class(es) that the IB has assigned. Thus, even
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if a pseudo-classification system is implemented for search purposes,
amendment of the classification in a section 66(a) application will
still be prohibited.
Comment: Since there are already situations where the
classification in section 66(a) applications and registered extensions
of protection is "wrong," due to the Office's practice of accepting
definite identifications that are misclassified under U.S. standards,
the Office should also permit amendment of indefinite identifications
within the class assigned by the IB, even if that class is incorrect
under U.S. standards.
Response: When a particular product or service identified in an
international application could be classified in more than one class,
but only one of the applicable classes has been indicated, the IB
assumes "that the reference is only to the product or service falling
in the identified class." Guide to the International Registration of
Marks under the Madrid Agreement and Protocol, Para. B.II.23.02 (Jan.
2008), available on the IB Web site at http://www.wipo.int/madrid/en/
guide/index.html. Therefore, the Office believes that the scope of
permissible amendment of an indefinite identification must be limited
by the IB-assigned class. Furthermore, the practice of accepting
identifications that are misclassified under U.S. standards must be
limited to the extent possible.
The Office is removing § 2.85(e), which now pertains to appeal
and renewal fee deficiencies in multiple-class applications and
registrations, and moving the provisions on appeal fees to §
2.141(b). Section 2.183(e) already covers procedures for processing
renewal fee deficiencies in multiple-class registrations.
Section 2.85(e) provides for changes in classification pursuant to
the Nice Agreement. The international classification changes
periodically, and the International Classification of Goods and
Services for the Purposes of the Registration of Marks, which is
published by the World Intellectual Property Organization, lists these
changes. The current edition of the Nice Agreement is the 9th edition,
2006, which became effective January 1, 2007.
Section 2.85(e)(1) provides that when international classification
changes, the new requirements apply only to applications filed on or
after the effective date of the change.
Section 2.85(e)(2) and (3) provide that in section 1 and 44
applications filed before the effective date of a change in
classification, and registrations resulting from such applications, the
applicant or registrant may reclassify the goods or services in
accordance with the current edition, upon payment of the required fees.
This is consistent with current practice, set forth in TMEP sections
1401.11 and 1609.04.
The Office is redesignating § 2.85(g), which provides that
classification schedules shall not limit or extend the applicant's
rights, as § 2.85(f), and amending it to note an exception that in
section 66(a) applications, the scope of the identification of goods or
services for purposes of permissible amendments is limited by the
class, because the classification that the IB has assigned may not be
changed. This is consistent with TMEP section 1402.07(a). See
discussion, above, of the scope of permissible amendment of an
indefinite identification in a section 66(a) application, in the
responses to comments on § 2.85(d).
Requests To Divide
The Office is separating the current § 2.87(c) into subsections
2.87(c)(1) and (c)(2).
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The Office is adding § 2.87(c)(3) to provide that in a multiple
basis application, a request to divide out goods or services having a
particular basis may be filed during the period between the issuance of
the notice of allowance under section 13(b)(2) of the Act and the
filing of a statement of use under § 2.88. This is consistent with
current practice. TMEP section 1107.
The Office is adding § 2.87(e) to provide that any outstanding
time period for action by the applicant in the original application at
the time of the division will apply to each new separate application
that the division creates. This provision appeared in § 2.87(a)
when the rule was first enacted in 1989, but was inadvertently removed
when the rules were amended to adjust application filing fees on
January 19, 2005. See notices at 54 FR 37562 (Sept. 11, 1989) and 70 FR
2952 (Jan. 19, 2005). Subsections (e)(1) through (e)(3) set forth
certain specified exceptions, consistent with current practice, as set
forth in TMEP sections 1110.04 and 1110.05.
The Office is adding § 2.87(f), requiring that a request to
divide be signed by the applicant, someone with legal authority to bind
the applicant (e.g., a corporate officer or general partner of a
partnership), or a qualified practitioner. This is consistent with TMEP
section 1110.
The Office is adding § 2.87(g), setting forth the procedures
for division of a section 66(a) application after a change in ownership
with respect to some, but not all, of the goods or services. This
incorporates existing practice, set forth in TMEP section 1110.08.
The Office is adding § 2.171(b)(2), to provide for division of registered
extensions of protection upon notification by the IB that ownership of an
international registration has changed with respect to some, but not all, of
the goods or services. This reflects current practice. TMEP section 1615.02.
Post Registration
The Office is amending § 2.153 to change "registrant" to
"owner," to make it clear that an affidavit or declaration under
section 12(c) of the Act must be filed by the owner of the
registration, and to add a requirement that the affidavit or
declaration be signed by a person properly authorized to sign on behalf
of the owner. This is consistent with current practice, set forth in
TMEP section 1603, and with the requirements of § 2.161 for
affidavits or declarations under section 8 of the Act.
The Office is further amending § 2.153 to remove the
requirement for specification of the type of commerce in an affidavit
claiming the benefits of section 12(c) of the Trademark Act of 1946 for
a registration issued under the Trademark Acts of 1881 or 1905. This is
consistent with the amendment of § 2.47(a), discussed above.
The Office is amending the center heading immediately after § 2.158
to delete the wording "DURING SIXTH YEAR," to correct an
oversight. The heading covers rules pertaining to affidavits or
declarations under section 8 of the Act ("section 8 affidavits").
Effective October 30, 1999, such affidavits must be filed every tenth
year after registration as well as during the sixth year.
The Office is amending § 2.161(g)(3) to provide that specimens
filed through TEAS may be in .pdf format. This offers TEAS filers an
additional option for filing specimens, and is consistent with current
practice.
The Office is separating the current § 2.163(b) into new
§§ (b) and (c). Section 2.163(b) is amended to require that a
response to an Office action issued in connection with a section 8
affidavit be signed by the owner, someone with legal authority to bind
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the owner, or a qualified practitioner. This is consistent with TMEP
section 1604.16.
The last sentence of the current § 2.163(b) is moved to new
§ (c), and revised to indicate that a registration will be
cancelled for failure to respond to an Office action issued in
connection with a section 8 affidavit only if no time remains in the
grace period under section 8(c)(1) of the Act. This corrects an
oversight in the current rule. Cancelling a registration under section
8 before expiration of the grace period would be inappropriate. If time
remains in the grace period, the owner may file a complete new
affidavit.
The Office is amending § 2.167(a) to provide that an affidavit
or declaration of incontestability under section 15 of the Trademark
Act must be filed in the name of the owner of the registration, and
verified by the owner or a person properly authorized to sign on behalf
of the owner (§ 2.161(b)). The Office is amending § 2.167(d) to
substitute "owner" for "registrant," to make it clear that the
affidavit or declaration must be filed by the owner of the
registration. These changes are consistent with TMEP section 1605.04.
The Office is amending § 2.167(f) for clarity.
The Office is amending § 2.171(a) to remove the requirement
that a request for a new certificate of registration upon change of
ownership include the original certificate of registration. This is
consistent with current practice, and with Office practice in
connection with requests to amend or correct registrations under
section 7 of the Trademark Act. See notice at 69 FR 51362 (Aug. 19,
2004), removing the requirement that a section 7 request include the
original certificate.
The Office is amending § 2.171(a) to add a statement that in a
registered extension of protection, the assignment must be recorded
with the IB before recordation in the Office. This is consistent with
current § 7.22.
The Office is redesignating § 2.171(b) as (b)(1), and amending
the section to indicate applicability only to registrations resulting
from applications based on section 1 or 44 of the Act.
The Office is adding § 2.171(b)(2), providing for division of
registered extensions of protection upon notification by the IB that
ownership of an international registration has changed with respect to
some, but not all, of the goods or services. This reflects current
practice. TMEP section 1615.02.
The Office is reorganizing § 2.173, pertaining to amendment of
registrations. The current paragraph (a) is separated into new
paragraphs (a) through (d).
Section 2.173(a) provides that the owner of a registration may file
a written request to amend a registration or to disclaim part of the
mark in the registration; and that if the registration is involved in
an inter partes proceeding before the TTAB, the request must be filed
by appropriate motion to the TTAB. This is consistent with current
§ 2.173(a) and TMEP section 1609.01(b).
The current paragraph (b) is separated into new paragraphs (e) and
(g).
New § 2.173(b) sets forth the requirements for the request for
amendment.
Section 2.173(b)(2) requires that the request be filed in the name
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of the owner and signed by the owner, someone with legal authority to
bind the owner (e.g., a corporate officer or general partner of a
partnership), or a qualified practitioner. The requirement for filing
in the name of the owner is consistent with current practice. However,
the requirement for signature by someone with legal authority to bind
the owner or by a qualified practitioner changes current practice
slightly. TMEP section 1609.01(b) now permits signature by a person
with firsthand knowledge of the facts and actual or implied authority
to act on behalf of the owner, which could include someone without
legal authority to bind the owner. The Office believes that the better
practice is to require that a request to amend a registration be signed
by someone with legal authority to bind the owner or by a qualified
practitioner.
Section 2.173(b)(3) requires that an amendment to change the mark
include a specimen showing the mark as used on or in connection with
the goods or services, an affidavit or a declaration under § 2.20
stating that the specimen was in use in commerce at least as early as
the filing date of the amendment, and a new drawing of the amended
mark. This is consistent with current § 2.173(a) and TMEP section
1609.02(c).
Section 2.173(c) provides that the registration must still contain
registrable matter, and § 2.173(d) provides that the amendment may
not materially alter the mark. This is consistent with current
§ 2.173(a).
Section 2.173(e) provides that no amendment to the identification
of goods or services in a registration will be permitted, except to
restrict the identification or change it in ways that would not require
republication of the mark. This is consistent with current § 2.173(b).
The Office is adding § 2.173(f) to provide that if the
registration includes a disclaimer, description of the mark, or
miscellaneous statement, any amendment must include a request to make
any necessary conforming amendments to the disclaimer, description, or
other miscellaneous statements. For example, if the mark is XYZ INC.,
with a disclaimer of the entity designator "INC.," and the owner of
the registration proposes to amend the mark to remove "INC.," the
proposed amendment should also request that the disclaimer be deleted.
If a proposed amendment does not include all necessary conforming
amendment(s), the examiner will issue an Office action requiring the
amendment(s).
New § 2.173(g) provides that an amendment seeking the
elimination of a disclaimer will be permitted only if deletion of the
disclaimed portion of the mark is also sought. This provides an
exception to the general prohibition against amendments to delete
disclaimers, currently set forth in § 2.173(b), in the limited
situation where the mark is amended to delete the disclaimer.
The Office is amending § 2.175(b)(2) to require that a request
to correct the owner's error in a registration be filed in the name of
the owner and signed by the owner, someone with legal authority to bind
the owner (e.g., a corporate officer or general partner of a
partnership), or a qualified practitioner. This is consistent with the
amendment of § 2.173(b)(2), discussed above. The Office is also
amending the heading and paragraph (a) of § 2.175 to substitute
"owner" for "registrant," for consistency.
The Office is adding § 2.183(f) to provide that applications
for renewal of registrations issued under a prior classification system
will be processed on the basis of that system, except where the
registration has been amended to adopt international classification.
The provision that applications for renewal of registrations issued
under a prior classification system are processed on the basis of that
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system is currently set forth in § 2.85(d). The reference to
amendment of classification is consistent with § 2.85(e)(3),
discussed above.
Section 2.184(b) is redesignated as § 2.184(b)(1), and amended
to provide that a registration will expire for failure to respond to an
Office action issued in connection with a renewal application only if
no time remains in the grace period under section 9(a) of the Act. This
corrects an oversight in the current rule. It would be inappropriate to
cancel a registration for failure to renew before the renewal grace
period has expired. If time remains in the grace period, the registrant
may file a complete new renewal application.
The Office is adding § 2.184(b)(2) to require that a response
to an Office action issued in connection with a renewal application be
signed by the registrant, someone with legal authority to bind the
registrant (e.g., a corporate officer or general partner of a
partnership), or a qualified practitioner. This is consistent with TMEP
section 1606.12.
Madrid Protocol
The Office is amending § 7.11(a)(2) to provide that the
applicant's entity in an application for international registration
must be identical to the entity listed as owner of the basic
application or registration. This is consistent with current practice.
TMEP section 1902.02(c). Under section 61(a) of the Trademark Act, only
the owner of the basic application or registration may file an
international application.
The Office is amending the last sentence of § 7.14(e) to change
"submitted to" to "received in," for clarity.
The Office is amending § 7.25(a) to remove §§ 2.175 and 2.197 from the
list of rules in part 2 that do not apply to an extension of protection of
an international registration to the United States. Section 2.175 pertains
to correction of mistakes by a registrant. Generally, all requests to
record changes to an international registration must be filed at the IB,
because an extension of protection of an international registration remains
part of the international registration even after registration in the
United States. However, in the limited circumstance where the holder of an
international registration makes a mistake in a document filed during
prosecution in the Office that affects only the extension of protection
to the United States, the registrant may request correction of the
error pursuant to § 2.175. For example, if there was a minor
typographical error in an amendment to the identification of goods in a
section 66(a) application, and the mark registered, the owner of the
registration could request correction under § 2.175. If the Office
grants the request, the Office will notify the IB of the change to the
extension of protection to the United States.
Section § 2.197 provides a "certificate of mailing or
transmission" procedure to avoid lateness due to mail delay. Section
66(a) applicants may currently use this procedure during prosecution of
applications. Owners of registered extensions of protection who file
affidavits of use or excusable nonuse under section 71 of the Trademark
Act may also use this procedure. Therefore, its inclusion in
§ 7.25(a) was an error. Under §§ 2.197(a)(2)(ii) and 7.4(e), the
certificate of mailing or transmission procedure remains inapplicable
to international applications under § 7.11, responses to notices of
irregularity under § 7.14, subsequent designations under
§ 7.21, requests to record changes of ownership under § 7.23,
requests to record restrictions of the holder's right of disposal (or
the release of such restrictions) under § 7.24, and requests for
transformation under § 7.31.
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Note: On February 29, 2008, the Office published a proposed rule
that would prohibit the use of certificates of mailing or
transmission for certain specified documents for which an electronic
form is available in TEAS. See notice at 73 FR 11079. The Office is
still reviewing the comments received in response to this proposal.
See the discussion of amendments to classification in section 66(a)
applications in connection with new § 2.85(d), above.
Assignment Cover Sheet
The Office is amending § 3.31 to add a new paragraph (a)(8)
requiring that a cover sheet submitted with a request to record a
change of ownership of a trademark application or registration must
include the citizenship or state or country of organization of the
party receiving the interest; and that if the party receiving the
interest is a domestic partnership or domestic joint venture, the cover
sheet must include the names, legal entities, and national citizenship
(or state or country of organization) of all general partners or active
members that compose the partnership or joint venture. Currently,
§ 3.31(f) provides that the cover sheet "should" include this
information, but the new rule makes it mandatory, to allow for more
efficient processing of trademark applications and registrations.
The applicant's entity and citizenship or state or country of
organization are required in an application for registration under
§ 2.32(a)(3)(iii) and must be submitted before the Office can issue
a registration certificate in the name of the new owner. This
information is also required when the new owner of a registration wants
to change ownership in the trademark database and/or obtain a new
certificate of registration in the name of the new owner. Requiring the
information whenever a change of ownership is recorded will eliminate
the need for the examining attorney or Post Registration examiner to
issue an Office action requiring submission, which can cause
substantial delay. Furthermore, in many cases, having complete
information about the receiving party will ensure that the trademark
database is automatically updated at the time of recordation or shortly
thereafter. See TMEP sections 504 et seq. regarding automatic updating
of the trademark database upon recordation of a change of ownership
(automatic updating should ensure that the original certificate of
registration issues in the name of the new owner).
References to "Paper"
The Office is amending §§ 2.6(b)(6), 2.21(b), 2.21(c),
2.27(d), 2.87(d), 2.146(e)(1), 2.146(e)(2), and 2.146(i) to delete
references to "papers" and substitute "documents" where
appropriate, in order to encompass documents filed or issued
electronically.
The Office is amending §§ 2.6(a)(19), 2.6(b)(3), and
2.56(d)(2) to delete references to "file wrapper" and substitute
"record" or "official record." The Office now maintains electronic
records of applications and registrations.
The Office is amending §§ 2.62, 2.65(a), 2.66(a)(1),
2.66(d), 2.66(f)(1), 2.81(b), 2.89(a), 2.89(a)(3), 2.89(g), 2.93,
2.99(d)(2), 2.146(d), 2.146(e)(1), 2.146(e)(2), 2.146(j)(1), 2.163(b),
2.165(b), 2.176, 2.184(b), 2.186(b), 7.39(b), and 7.40(b) to change
references to "mailing" to "issuance," to encompass Office actions
and communications issued electronically.
Comment: One commenter asserts that "issuance" is ambiguous
because it "could refer to either the date an Office Action is written
or is mailed." The commenter notes that the Trademark Applications and
Registrations Retrieval ("TARR") database currently lists either
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"Non-Final Action Mailed" or "Non-Final Action E-Mailed." The
commenter suggests that the rules be amended to change "mailing" to
"mailing and e-mailing," or, alternatively, that TARR be changed to
list an "issuance" date where it formerly listed "Mailed" or "E-
Mailed."
Response: The Office has reviewed the context in which the term
"issuance" is used in these rules, and believes the term clearly does
not refer to the date on which an Office action is written, as opposed
to the date on which it is mailed or e-mailed. "Issuance" is defined
as "[t]he provision of something by issuing it." The verb "issue"
can be defined as "[t]o send out officially, as in to issue an order"
(Law); "[p]repare and issue for public distribution or sale;"
"[c]irculate or distribute;" or "[b]ring out [as] an official
document. * * *" Webster's Online Dictionary, search of "issuance"
and "issue," http://www.websters-online-dictionary.org/definition/
issue (Aug. 14, 2008). Therefore, the Office deems it unnecessary to
change the rule or the information in TARR. The information in TARR
indicates specifically whether the notice was mailed or e-mailed, which
could be useful information.
The Office is amending § 2.81(b) to remove the sentence stating
that "The mailing date that appears on the notice of allowance will be
the issue date of the notice of allowance," because it is unnecessary.
The rule already states that the notice of allowance will include the
issue date.
The Office is amending §§ 2.84(b), 2.173, 2.174, and 2.175
to delete references to "printed," and substitute "issued" where
appropriate, to encompass documents issued electronically.
The Office is amending §§ 2.87(d), 2.146(e)(i), and
2.146(i) to delete references to "paper" and to substitute
"document," to encompass documents filed through TEAS.
Sections 2.173(c), 2.174, and 2.175(c) are amended to remove the
statements that printed copies of amendments and corrections under
section 7 of the Act are attached to printed copies of the
registration.
Comment: One commenter asked for clarification of how amendments
and corrections would be communicated when certified copies of the
registration are printed.
Response: The Office previously attached an updated registration
certificate showing an amendment or correction to the original
certificate and returned it to the owner of the registration, but this
practice was changed in 2004. See notice at 69 FR 51362 (Aug. 19, 2004)
(removing the requirement that the owner of a registration send the
original certificate of registration or a certified copy thereof with a
request for amendment or correction under section 7 of the Act).
Currently, when a request for amendment or correction is granted, the
Office sends an updated registration certificate showing the amendment
or correction to the owner of record, and updates Office records
accordingly. TMEP sections 1609.01(b) and 1609.10. A certified copy of
the updated registration certificate may be obtained from the Document
Services Branch of the Public Records Division for a fee.
Appeal Fees
The Office is reorganizing § 2.141 to move the provisions
pertaining to appeal fees, some of which were previously set forth in
§ 2.85(e), to § 2.141(b). This is consistent with current
practice, set forth in TBMP section 1202.04.
Other Changes
The Office is amending § 2.6(a)(13) to replace a section symbol
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with the word "section." This is consistent with references to the
statute in other rules, and with the format recommended in the Federal
Register Document Drafting Handbook, National Archives and Records
Administration, Office of the Federal Register (Oct. 1998). Section
symbols are used in rules and Federal Register notices only to refer to
other sections of the CFR.
The Office is amending § 2.6(a)(8) to delete "assignee" and
substitute "registrant." This clarifies that any registrant may
request a new certificate of registration, upon payment of the required
fee.
The Office is revising § 2.25 to provide that documents filed
by an applicant or registrant become part of the official record and
will not be returned or removed. The rule currently provides only for
applications, but the new rule encompasses all documents filed in
connection with an application or registration. This is consistent with
current practice. See TMEP section 404. There is an exception for
documents ordered to be filed under seal pursuant to a protective order
issued by a court or by the TTAB.
The Office is removing § 2.26, which provides that a drawing
from an abandoned application may be transferred to and used in a new
application, if the file has not been destroyed. This rule is no longer
in use and is deemed unnecessary.
The Office is amending § 2.32(a)(6) to delete the word "and"
after the semicolon, and is amending § 2.32(a)(7) to change a
period to a semicolon.
The Office is amending § 2.41 to add a reference to
"services" at the end of the last sentence. This corrects an
oversight.
The Office is amending § 2.86(a)(2) to delete the period and
substitute a semicolon, followed by the word "and" ("; and").
The Office is amending § 2.146(c) to add a provision that a
petition to the Director be signed by the petitioner, someone with
legal authority to bind the petitioner (e.g., a corporate officer or
general partner of a partnership), or a qualified practitioner. The
rule further provides that when facts are to be proved on petition, the
petitioner must submit proof in the form of affidavits or declarations
in accordance with § 2.20, signed by someone with firsthand
knowledge of the facts to be proved. This is consistent with TMEP
sections 1705.03 and 1705.07.
The Office is amending § 2.195(b) to delete the phrase "In
addition to being mailed," because it is unnecessary.
The Office is amending § 2.195(e) to clarify the procedures for filing a
petition to the Director to consider correspondence filed on the date of
attempted filing by Express Mail during a postal service interruption or
emergency within the meaning of 35 U.S.C. 21(a). New § 2.195(e)(1)
provides that a person who attempted to file correspondence by Express
Mail, but was unable to deposit the correspondence with the United
States Postal Service due to the interruption or emergency, may
petition the Director to consider the correspondence to have been filed
on the date of attempted filing. New § 2.195(e)(2) sets forth the
requirements for the petition. New § 2.195(e)(3) notes that this
procedure does not apply to correspondence that is excluded from the
Express Mail procedure pursuant to § 2.198(a)(1). This is
consistent with current practice.
The Office is amending § 2.208(c)(3) and removing § 2.208(c)(4),
to update the mailing address for payments to replenish deposit accounts.
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This is consistent with § 1.25(c)(4) of this chapter.
Rule Making Requirements
Executive Order 12866: This rule has been determined not to be
significant for purposes of Executive Order 12866.
Administrative Procedure Act: This rule merely involves rules of
agency practice and procedure within the meaning of 5 U.S.C. 553(b)(A).
Therefore, this rule may be adopted without prior notice and
opportunity for public comment under 5 U.S.C. 553(b) and (c), or
thirty-day advance publication under 5 U.S.C. 553(d). However, the
Office has chosen to seek public comment before implementing the rule.
Regulatory Flexibility Act: The Deputy General Counsel for General
Law of the United States Patent and Trademark Office hereby certifies
to the Chief Counsel for Advocacy of the Small Business Administration
that this final rule, Miscellaneous Changes to Trademark Rules of
Practice (RIN 0651-AB89), will not have a significant impact on a
substantial number of small entities (Regulatory Flexibility Act, 5
U.S.C. 605(b)).
As prior notice and an opportunity for public comment are not
required pursuant to 5 U.S.C. 553 (or any other law), neither a
regulatory flexibility analysis nor a certification under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is required. See 5
U.S.C. 603.
The new rules clarify certain requirements for trademark
applications and other trademark-related documents, modernize the
language of the rules, and make some other miscellaneous procedural
changes. In large part, the rule changes are intended to codify
existing practice. Although the rules may affect any trademark
applicant or registrant, because they codify the existing practice of
the Office or concern relatively minor procedural matters, the changes
will not have a significant economic impact on a substantial number of
small entities.
Unfunded Mandates: The Unfunded Mandates Reform Act requires, at 2
U.S.C. 1532, that agencies prepare an assessment of anticipated costs
and benefits before issuing any rule that may result in expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any given year. This rule will have no such effect on
State, local, and tribal governments or the private sector.
Executive Order 13132: This rule does not contain policies with
federalism implications sufficient to warrant preparation of a
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
Paperwork Reduction Act: This rule involves information collection
requirements which are subject to review by the Office of Management
and Budget ("OMB") under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.). The collection of information in this rule has
been reviewed and previously approved by OMB under control numbers
0651-0009, 0651-0050, 0651-0051, 0651-0054, 0651-0055, and 0651-0056.
The United States Patent and Trademark Office is not resubmitting
any information collection package to OMB for its review and approval
because the changes in this rule will not affect the information
collection requirements associated with the information collections
under the OMB control numbers listed above. The changes in this notice
are limited to amending the rules of practice to simplify and clarify
the requirements for amendments to applications and registrations,
reword and reorganize the rules for clarity, and codify current
practices and procedures.
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Interested persons are requested to send comments regarding these
information collections, including suggestions for reduction of this
burden to: (1) The Office of Information and Regulatory Affairs, Office
of Management and Budget, New Executive Office Building, Room 10202,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Officer for
the Patent and Trademark Office; and (2) Commissioner for Trademarks,
P.O. Box 1451, Alexandria, VA 22313-1451 (Attn: Mary Hannon).
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act unless that collection of information
displays a currently valid OMB control number.
List of Subjects
37 CFR Part 2
Administrative practice and procedure, Trademarks.
37 CFR Part 3
Administrative practice and procedure, Trademarks.
37 CFR Part 6
Administrative practice and procedure, Trademarks, Classification.
37 CFR Part 7
Administrative practice and procedure, Trademarks, International
Registration.
. For the reasons given in the preamble and under the authority contained
in 15 U.S.C. 1123 and 35 U.S.C. 2, as amended, the Office is amending
parts 2, 3, 6, and 7 of title 37 as follows:
PART 2--RULES OF PRACTICE IN TRADEMARK CASES
. 1. The authority citation for 37 CFR part 2 continues to read as
follows:
Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.
. 2. Revise § 2.6(a)(8), (13), and (19), and § 2.6(b)(3) and (6)
to read as follows:
§ 2.6 Trademark fees.
* * * * *
(a) * * *
(8) For issuing a new certificate of registration upon request of
registrant - $100.00
* * * * *
(13) For filing an affidavit under section 15 of the Act, per
class - $200.00
* * * * *
(19) Dividing an application, per new application created - $100.00
* * * * *
(b) * * *
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(3) Certified or uncertified copy of a trademark-related official
record - $50.00
* * * * *
(6) For recording each trademark assignment, agreement or other
document relating to the property in a registration or application
* * * * *
. 3. Amend § 2.21 by revising paragraphs (a) introductory text and
(b) to read as follows, and by removing paragraph (c):
§ 2.21 Requirements for receiving a filing date.
(a) The Office will grant a filing date to an application under
section 1 or section 44 of the Act that is in the English language and
contains all of the following:
* * * * *
(b) If the applicant does not submit all the elements required in
paragraph (a) of this section, the Office will deny a filing date and
issue a notice explaining why the filing date was denied.
. 4. Revise § 2.23(a)(2) to read as follows:
§ 2.23 Additional requirements for TEAS Plus application.
(a) * * *
(2) Maintain a valid e-mail correspondence address, and continue to
receive communications from the Office by electronic mail.
* * * * *
. 5. Revise § 2.25 to read as follows:
§ 2.25 Documents not returnable.
Except as provided in § 2.27(e), documents filed in the Office
by the applicant or registrant become part of the official record and
will not be returned or removed.
. 6. Remove § 2.26.
. 7. Revise § 2.27(d) to read as follows:
§ 2.27 Pending trademark application index; access to
applications.
* * * * *
(d) Except as provided in paragraph (e) of this section, the
official records of applications and all proceedings relating thereto
are available for public inspection and copies of the documents may be
furnished upon payment of the fee required by § 2.6.
* * * * *
. 8. Revise § 2.32(a)(3)(iii), (a)(6), and (a)(8), and add new
§ 2.32(a)(3)(iv), (a)(9), and (a)(10) to read as follows:
§ 2.32 Requirements for a complete application.
(a) * * *
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(3) * * *
(iii) If the applicant is a domestic partnership, the names and
citizenship of the general partners;
(iv) If the applicant is a domestic joint venture, the names and
citizenship of the active members of the joint venture;
* * * * *
(6) A list of the particular goods or services on or in connection
with which the applicant uses or intends to use the mark. In a United
States application filed under section 44 of the Act, the scope of the
goods and/or services covered by the section 44 basis may not exceed
the scope of the goods and/or services in the foreign application or
registration;
(7) * * *
(8) If the mark is not in standard characters, a description of the
mark;
(9) If the mark includes non-English wording, an English
translation of that wording; and
(10) If the mark includes non-Latin characters, a transliteration
of those characters, and either a translation of the transliterated
term in English, or a statement that the transliterated term has no
meaning in English.
* * * * *
. 9. Revise § 2.33(b)(1) to read as follows:
§ 2.33 Verified statement.
* * * * *
(b)(1) In an application under section 1(a) of the Act, the
verified statement must allege:
That the applicant believes it is the owner of the mark; that the
mark is in use in commerce; that to the best of the declarant's
knowledge and belief, no other person has the right to use the mark in
commerce, either in the identical form or in such near resemblance as
to be likely, when applied to the goods or services of the other
person, to cause confusion or mistake, or to deceive; that the specimen
shows the mark as used on or in connection with the goods or services;
and that the facts set forth in the application are true.
* * * * *
. 10. Revise § 2.34(a)(1)(i), (a)(2), (a)(3)(i) and (a)(4)(ii), and
add new paragraph (a)(1)(v) to read as follows:
§ 2.34 Bases for filing.
(a) * * *
(1) * * *
(i) The trademark owner's verified statement that the mark is in
use in commerce on or in connection with the goods or services listed
in the application. If the verification is not filed with the initial
application, the verified statement must also allege that the mark was
in use in commerce on or in connection with the goods or services
listed in the application as of the application filing date;
* * * * *
(v) If more than one item of goods or services is specified in the
application, the dates of use required in paragraphs (ii) and (iii) of
this section need be for only one of the items specified in each class,
provided that the particular item to which the dates apply is
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designated.
(2) Intent-to-use under section 1(b) of the Act. In an application
under section 1(b) of the Act, the applicant must verify that it has a
bona fide intention to use the mark in commerce on or in connection
with the goods or services listed in the application. If the
verification is not filed with the initial application, the verified
statement must also allege that the applicant had a bona fide intention
to use the mark in commerce on or in connection with the goods or
services listed in the application as of the filing date of the
application.
(3) * * *
(i) The applicant's verified statement that it has a bona fide
intention to use the mark in commerce on or in connection with the
goods or services listed in the application. If the verification is not
filed with the initial application, the verified statement must also
allege that the applicant had a bona fide intention to use the mark in
commerce on or in connection with the goods or services listed in the
application as of the filing date of the application.
* * * * *
(4) * * *
(i) * * *
(ii) Include the applicant's verified statement that it has a bona
fide intention to use the mark in commerce on or in connection with the
goods or services listed in the application. If the verification is not
filed with the initial application, the verified statement must also
allege that the applicant had a bona fide intention to use the mark in
commerce on or in connection with the goods or services listed in the
application as of the filing date of the application.
* * * * *
. 11. Amend § 2.41 by revising paragraph (a) to read as follows:
§ 2.41 Proof of distinctiveness under section 2(f).
(a) When registration is sought of a mark which would be
unregistrable by reason of section 2(e) of the Act but which is said by
applicant to have become distinctive in commerce of the goods or
services set forth in the application, applicant may, in support of
registrability, submit with the application, or in response to a
request for evidence or to a refusal to register, affidavits, or
declarations in accordance with § 2.20, depositions, or other
appropriate evidence showing duration, extent and nature of use in
commerce and advertising expenditures in connection therewith
(identifying types of media and attaching typical advertisements), and
affidavits, or declarations in accordance with § 2.20,
letters or statements from the trade or public, or both, or other
appropriate evidence tending to show that the mark distinguishes such
goods or services.
* * * * *
. 12. Revise § 2.44(b) to read as follows:
§ 2.44 Collective mark.
(a) * * *
(b) In an application to register a collective mark under section
1(b), section 44 or section 66(a) of the Act, the application shall
specify and contain all applicable elements required by the preceding
sections for trademarks, but shall also specify the class of persons
intended to be entitled to use the mark, indicating what their
relationship to the applicant will be, and the nature of the control
applicant intends to exercise over the use of the mark.
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. 13. Revise § 2.45(b) to read as follows:
§ 2.45 Certification mark.
(a) * * *
(b) In an application to register a certification mark under
section 1(b), section 44 or section 66(a) of the Act, the application
shall include all applicable elements required by the preceding
sections for trademarks. In addition, the application must: specify the
conditions under which the certification mark is intended to be used;
allege that the applicant intends to exercise legitimate control over
the use of the mark; and allege that the applicant will not engage in
the production or marketing of the goods or services to which the mark
is applied. When the applicant files an allegation of use under §
2.76 or § 2.88, the applicant must submit a copy of the standards
that determine whether others may use the certification mark on their
goods and/or in connection with their services.
. 14. Revise § 2.47(a) to read as follows:
§ 2.47 Supplemental Register.
(a) In an application to register on the Supplemental Register
under section 23 of the Act, the application shall so indicate and
shall specify that the mark has been in use in commerce.
* * * * *
. 15. Add new § 2.48, to read as follows:
§ 2.48 Office does not issue duplicate registrations.
If two applications on the same register would result in
registrations that are exact duplicates, the Office will permit only
one application to mature into registration, and will refuse
registration in the other application.
. 16. Revise § 2.52(b) introductory text and (b)(1) to read as
follows:
§ 2.52 Types of drawings and format for drawings.
* * * * *
(b) Special form drawing. Applicants who seek to register a mark
that includes a two or three-dimensional design; color; and/or words,
letters, or numbers or the combination thereof in a particular font
style or size must submit a special form drawing. The drawing should
show the mark in black on a white background, unless the mark includes
color.
(1) Marks that include color. If the mark includes color, the
drawing must show the mark in color, and the applicant must name the
color(s), describe where the color(s) appear on the mark, and submit a
claim that the color(s) is a feature of the mark.
* * * * *
. 17. Revise § 2.53(a) to read as follows:
§ 2.53 Requirements for drawings filed through the TEAS.
* * * * *
(a) Standard character drawings. If an applicant seeks registration
of a standard character mark, the applicant must enter the mark in the
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appropriate field on the TEAS form, and check the box to claim that the
mark consists of standard characters.
* * * * *
. 18. Revise § 2.56(b)(1), (d)(2), and (d)(4) to read as follows:
§ 2.56 Specimens.
* * * * *
(b)(1) A trademark specimen is a label, tag, or container for the
goods, or a display associated with the goods. The Office may accept
another document related to the goods or the sale of the goods when it
is impracticable to place the mark on the goods, packaging for the
goods, or displays associated with the goods.
* * * * *
(d)(1) * * *
(2) If the applicant files a specimen exceeding these size
requirements (a "bulky specimen"), the Office will create a digital
facsimile of the specimen that meets the requirements of the rule
(i.e., is flat and no larger than 8\1/2\ inches (21.6 cm.) wide by
11.69 inches (29.7 cm.) long) and put it in the record. The Office may
destroy the original bulky specimen.
* * * * *
(4) For a TEAS submission, the specimen must be a digitized image
in .jpg or .pdf format.
. 19. Revise § 2.62 to read as follows:
§ 2.62 Procedure for filing response.
(a) Deadline. The applicant's response to an Office action must be
received within six months from the date of issuance.
(b) Signature. The applicant, someone with legal authority to bind
the applicant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 11.14
of this chapter must sign the response.
. 20. Revise § 2.64(c)(1) to read as follows:
§ 2.64 Final action.
* * * * *
(c)(1) If an applicant in an application under section 1(b) of the
Act files an amendment to allege use under § 2.76 during the six-
month response period after issuance of a final action, the examiner
shall examine the amendment. The filing of an amendment to allege use
does not extend the deadline for filing a response to an outstanding
Office action, appeal to the Trademark Trial and Appeal Board, or
petition to the Director.
* * * * *
. 21. Revise § 2.65(a) to read as follows:
§ 2.65 Abandonment.
(a) If an applicant fails to respond, or to respond completely,
within six months after the date an action is issued, the application
shall be deemed abandoned unless the refusal or requirement is
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expressly limited to only certain goods and/or services. If the refusal
or requirement is expressly limited to only certain goods and/or
services, the application will be abandoned only as to those particular
goods and/or services. A timely petition to the Director pursuant to
§§ 2.63(b) and 2.146 or notice of appeal to the Trademark Trial
and Appeal Board pursuant to § 2.142, if appropriate, is a response
that avoids abandonment of an application.
* * * * *
. 22. Revise § 2.66(a)(1), (d), and (f)(1) to read as follows:
§ 2.66 Revival of abandoned applications.
(a) * * *
(1) Within two months of the date of issuance of the notice of
abandonment; or
* * * * *
(d) In an application under section 1(b) of the Act, the Director
will not grant the petition if this would permit the filing of a
statement of use more than 36 months after the date of issuance of the
notice of allowance under section 13(b)(2) of the Act.
* * * * *
(f) * * *
(1) Files the request within two months of the date of issuance of
the decision denying the petition; and
* * * * *
. 23. Revise § 2.73 to read as follows:
§ 2.73 Amendment to recite concurrent use.
An application that includes section 1(a) of the Trademark Act as a
filing basis, or for which an acceptable allegation of use under §
2.76 or § 2.88 has been filed, may be amended to an application for
concurrent use registration, provided that the application as amended
meets the requirements of § 2.42. The trademark examining attorney
will determine whether the application, as amended, is acceptable.
. 24. Revise § 2.74 to read as follows:
§ 2.74 Form and signature of amendment.
(a) Form of Amendment. Amendments should be set forth clearly and
completely. Applicant should either set forth the entire wording,
including the proposed changes, or, if it would be more efficient,
indicate which words should be added and which words should be deleted.
The examining attorney may require the applicant to rewrite the entire
amendment, if necessary for clarification of the record.
(b) Signature. The applicant, someone with legal authority to bind
the applicant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of §
11.14 must sign the request for amendment. If the amendment requires
verification, the verification must be sworn to or supported by a
declaration under § 2.20 by a person properly authorized to sign on
behalf of the applicant (§ 2.33(a)).
. 25. Revise § 2.76(d) to read as follows:
§ 2.76 Amendment to allege use.
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* * * * *
(d) The title "Allegation of Use" should appear at the top of the
document.
* * * * *
. 26. Revise § 2.77 to read as follows:
§ 2.77 Amendments between notice of allowance and statement of
use.
(a) The only amendments that can be entered in an application
between the issuance of the notice of allowance and the submission of a
statement of use are:
(1) The deletion of specified goods or services from the
identification of goods/services;
(2) The deletion of a basis in a multiple-basis application; and
(3) A change of attorney or change of address.
(b) Other amendments filed during this period will be placed in the
application file and considered when the statement of use is examined.
. 27. Revise § 2.81(b) to read as follows:
§ 2.81 Post publication.
(a) * * *
(b) In an application under section 1(b) of the Act for which no
amendment to allege use under § 2.76 has been submitted and
accepted, if no opposition is filed within the time permitted or all
oppositions filed are dismissed, and if no interference is declared, a
notice of allowance will issue. The notice of allowance will state the
serial number of the application, the name of the applicant, the
correspondence address, the mark, the identification of goods and/or
services, and the issue date of the notice of allowance. Thereafter,
the applicant must submit a statement of use as provided in § 2.88.
. 28. Revise § 2.84(b) to read as follows:
§ 2.84 Jurisdiction over published applications.
* * * * *
(b) After publication, but before the certificate of registration
is issued in an application under section 1(a), 44, or 66(a) of the
Act, or before the notice of allowance is issued in an application
under section 1(b) of the Act, an application that is not the subject
of an inter partes proceeding before the Trademark Trial and Appeal
Board may be amended if the amendment does not necessitate
republication of the mark or issuance of an Office action. Otherwise,
an amendment to such an application may be submitted only upon petition
to the Director to restore jurisdiction over the application to the
trademark examining attorney for consideration of the amendment and
further examination. The amendment of an application that is the
subject of an inter partes proceeding before the Trademark Trial and
Appeal Board is governed by § 2.133.
. 29. Revise § 2.85 to read as follows:
§ 2.85 Classification schedules.
(a) International classification system. Section 6.1 of this
chapter sets forth the international system of classification for goods
and services, which applies for all statutory purposes to:
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(1) Applications filed in the Office on or after September 1, 1973,
and resulting registrations; and
(2) Registrations resulting from applications filed on or before
August 31, 1973, that have been amended to adopt international
classification pursuant to § 2.85(e)(3).
(b) Prior United States classification system. Section 6.2 of this
chapter sets forth the prior United States system of classification for
goods and services, which applies for all statutory purposes to
registrations resulting from applications filed on or before August 31,
1973, unless:
(1) The registration has been amended to adopt international
classification pursuant to § 2.85(e)(3); or
(2) The registration was issued under a classification system prior
to that set forth in § 6.2.
(c) Certification marks and collective membership marks. Sections
6.3 and 6.4 specify the system of classification which applies to
certification marks and collective membership marks in applications
based on sections 1 and 44 of the Act, and to registrations resulting
from applications based on sections 1 and 44. These sections do not
apply to applications under section 66(a) or to registered extensions
of protection.
(d) Section 66(a) applications and registered extensions of
protection. In an application under section 66(a) of the Act or
registered extension of protection, the classification cannot be
changed from the classification assigned by the International Bureau of
the World Intellectual Property Organization, unless the International
Bureau corrects the classification. Classes cannot be added, and goods
or services cannot be transferred from one class to another in a
multiple-class application.
(e) Changes to Nice Agreement. The international classification
system changes periodically, pursuant to the Nice Agreement Concerning
the International Classification of Goods and Services for the Purposes
of the Registration of Marks. These changes are listed in the
International Classification of Goods and Services for the Purposes of
the Registration of Marks, which is published by the World Intellectual
Property Organization.
(1) If international classification changes pursuant to the Nice
Agreement, the new classification applies only to applications filed on
or after the effective date of the change.
(2) In a section 1 or section 44 application filed before the
effective date of a change to the Nice Agreement, the applicant may
amend the application to comply with the requirements of the current
edition. The applicant must comply with the current edition for all
goods or services identified in the application. The applicant must pay
the fees for any added class(es).
(3) In a registration resulting from a section 1 or section 44
application that was filed before the effective date of a
change to the Nice Agreement, the owner may amend the registration to
comply with the requirements of the current edition. The owner must
reclassify all goods or services identified in the registration to the
current edition. The owner must pay the fee required by § 2.6 for
amendments under section 7 of the Act. The owner may reclassify
registrations from multiple United States classes (§ 2.85(b)) into
a single international classification, where appropriate.
(f) Classification schedules shall not limit or extend the
applicant's rights, except that in a section 66(a) application, the
scope of the identification of goods or services for purposes of
permissible amendments (see § 2.71(a)) is limited by the class,
pursuant to § 2.85(d).
. 30. Revise § 2.86(a)(2) to read as follows:
§ 2.86 Application may include multiple classes.
(a) * * *
(2) Submit an application filing fee for each class, as set forth
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in § 2.6(a)(1); and
* * * * *
. 31. Revise § 2.87 to read as follows:
§ 2.87 Dividing an application.
(a) Application may be divided. An application may be divided into
two or more separate applications upon the payment of a fee for each
new application created and submission by the applicant of a request in
accordance with paragraph (d) of this section.
(b) Fee. In the case of a request to divide out one or more entire
classes from an application, only the fee for dividing an application
as set forth in § 2.6(a)(19) will be required. However, in the case
of a request to divide out some, but not all, of the goods or services
in a class, the applicant must submit the application filing fee as set
forth in § 2.6(a)(1) for each new separate application to be
created by the division, in addition to the fee for dividing an
application.
(c) Time for filing. (1) A request to divide an application may be
filed at any time between the application filing date and the date on
which the trademark examining attorney approves the mark for
publication; or during an opposition, concurrent use, or interference
proceeding, upon motion granted by the Trademark Trial and Appeal
Board.
(2) In an application under section 1(b) of the Act, a request to
divide may also be filed with a statement of use under § 2.88 or at
any time between the filing of a statement of use and the date on which
the trademark examining attorney approves the mark for registration.
(3) In a multiple-basis application, a request to divide out goods
or services having a particular basis may also be filed during the
period between the issuance of the notice of allowance under section
13(b)(2) of the Act and the filing of a statement of use under § 2.88.
(d) Form. A request to divide an application should be made in a
separate document from any other amendment or response in the
application. The title "Request to Divide Application" should appear
at the top of the first page of the document.
(e) Outstanding time periods apply to newly created applications.
Any time period for action by the applicant which is outstanding in the
original application at the time of the division will apply to each
separate new application created by the division, except as follows:
(1) If an Office action pertaining to less than all the classes in
a multiple-class application is outstanding, and the applicant files a
request to divide out the goods, services, and/or class(es) to which
the Office action does not pertain before the response deadline, a
response to the Office action is not due in the new (child)
application(s) created by the division of the application;
(2) If an Office action pertaining to less than all the bases in a
multiple-basis application is outstanding, and the applicant files a
request to divide out the goods/services having the basis or bases to
which the Office action does not pertain before the response deadline,
a response to the Office action is not due in the new (child)
application(s) created by the division of the application; or
(3) In a multiple-basis application in which a notice of allowance
has issued, if the applicant files a request to divide out the goods/
services having the basis or bases to which the notice of allowance
does not pertain before the deadline for filing the statement of use,
the new (child) applications created by the division are not affected
by the notice of allowance.
(f) Signature. The request to divide must be signed by the
applicant, someone with legal authority to bind the applicant (e.g., a
corporate officer or general partner of a partnership), or a
practitioner who meets the requirements of § 11.14.
(g) Section 66(a) applications - change of ownership with respect to
some but not all of the goods or services. (1) When the International
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Bureau of the World Intellectual Property Organization notifies the
Office that an international registration has been divided as the
result of a change of ownership with respect to some but not all of the
goods or services, the Office will construe the International Bureau's
notice as a request to divide. The Office will record the partial
change of ownership in the Assignment Services Branch, and divide out
the assigned goods/services from the original (parent) application. The
Office will create a new (child) application serial number, and enter
the information about the new application in its automated records.
(2) To obtain a certificate of registration in the name of the new
owner for the goods/services that have been divided out, the new owner
must pay the fee(s) for the request to divide, as required by § 2.6
and paragraph (b) of this section. The examining attorney will issue an
Office action in the child application requiring the new owner to pay
the required fee(s). If the owner of the child application fails to
respond, the child application will be abandoned. It is not necessary
for the new owner to file a separate request to divide.
(3) The Office will not divide a section 66(a) application based
upon a change of ownership unless the International Bureau notifies the
Office that the international registration has been divided.
. 32. Revise § 2.88(b)(1)(ii), (b)(3), (d), and (i)(2) to read as
follows:
§ 2.88 Filing statement of use after notice of allowance.
(a) * * *
(b) * * *
(1) * * *
(ii) The mark is in use in commerce, specifying the date of the
applicant's first use of the mark and first use of the mark in commerce
on or in connection with the goods or services identified in the notice
of allowance, and setting forth or incorporating by reference those
goods/services identified in the notice of allowance on or in
connection with which the mark is in use in commerce. Where an
applicant claims section 1(a) of the Act for some goods/services in a
class and section 1(b) of the Act for other goods/services in the same
class, the statement of use must include dates for the section 1(b) of
the Act goods/services;
* * * * *
(3) The fee per class required by § 2.6. The applicant must pay
a filing fee sufficient to cover at least one class within the
statutory time for filing the statement of use, or the application will
be abandoned. If the applicant submits a fee insufficient to cover all
the classes in a multiple-class application, the applicant must specify
the classes to be abandoned. If the applicant submits a
fee sufficient to pay for at least one class, but insufficient to cover
all the classes, and the applicant has not specified the class(es) to
be abandoned, the Office will issue a notice granting the applicant
additional time to submit the fee(s) for the remaining class(es), or
specify the class(es) to be abandoned. If the applicant does not submit
the required fee(s) or specify the class(es) to be abandoned within the
set time period, the Office will apply the fees paid, beginning with
the lowest numbered class(es), in ascending order. The Office will
delete the goods/services in the remaining class(es) not covered by the
fees submitted.
* * * * *
(d) The title "Allegation of Use" should appear at the top of the
first page of the document.
* * * * *
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(i) * * *
(2) If any goods or services specified in the notice of allowance
are omitted from the identification of goods or services in the
statement of use, the Office will delete the omitted goods/services
from the application. The applicant may not thereafter reinsert these
goods/services.
* * * * *
. 33. Revise § 2.89(a) introductory text, (a)(2), (a)(3), (b)(2), and
(g) to read as follows:
§ 2.89 Extensions of time for filing a statement of use.
(a) The applicant may request a six-month extension of time to file
the statement of use required by § 2.88. The extension request must
be filed within six months of the date of issuance of the notice of
allowance under section 13(b)(2) of the Act and must include the
following:
(1) * * *
(2) The fee per class required by § 2.6. The applicant must pay
a filing fee sufficient to cover at least one class within the
statutory time for filing the extension request, or the request will be
denied. If the applicant timely submits a fee sufficient to pay for at
least one class, but insufficient to cover all the classes, and the
applicant has not specified the class(es) to which the fee applies, the
Office will issue a notice granting the applicant additional time to
submit the fee(s) for the remaining classes, or specify the class(es)
to be abandoned. If the applicant does not submit the required fee(s)
or specify the class(es) to be abandoned within the set time period,
the Office will apply the fees paid, beginning with the lowest numbered
class(es), in ascending order. The Office will delete the goods/
services in the remaining classes not covered by the fees submitted;
and
(3) A statement that is signed and verified (sworn to) or supported
by a declaration under § 2.20 by a person properly authorized to
sign on behalf of the applicant (see § 2.33(a)) that the applicant
still has a bona fide intention to use the mark in commerce, specifying
the relevant goods or services. If the verification is unsigned or
signed by the wrong party, the applicant must submit a substitute
verification within six months of the date of issuance of the notice of
allowance.
(b) * * *
(2) The fee per class required by § 2.6. The applicant must pay
a filing fee sufficient to cover at least one class within the
statutory time for filing the extension request, or the request will be
denied. If the applicant submits a fee insufficient to cover all the
classes in a multiple-class application, the applicant must specify the
classes to be abandoned. If the applicant submits a fee sufficient to
pay for at least one class, but insufficient to cover all the classes,
and the applicant has not specified the class(es) to which the fee
applies, the Office will issue a notice granting the applicant
additional time to submit the fee(s) for the remaining classes, or
specify the class(es) to be abandoned. If the applicant does not submit
the required fee(s) or specify the class(es) to be abandoned within the
set time period, the Office will apply the fees, beginning with the
lowest numbered class(es), in ascending order. The Office will delete
the remaining goods/services not covered by the fees submitted;
* * * * *
(g) The applicant will be notified of the grant or denial of a
request for an extension of time, and of the reasons for a denial.
Failure to notify the applicant of the grant or denial of the request
prior to the expiration of the existing period or requested extension
does not relieve the applicant of the responsibility of timely filing a
statement of use under § 2.88. If, after denial of an extension
request, there is time remaining in the existing six-month period for
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filing a statement of use, applicant may submit a substitute request
for extension of time. Otherwise, the only recourse available after
denial of a request for an extension of time is a petition to the
Director in accordance with § 2.66 or § 2.146. A petition from
the denial of an extension request must be filed within two months of
the date of issuance of the denial of the request. If the petition is
granted, the term of the requested six-month extension that was the
subject of the petition will run from the date of expiration of the
previously existing six-month period for filing a statement of use.
* * * * *
. 34. Revise § 2.93 to read as follows:
§ 2.93 Institution of interference.
An interference is instituted by the issuance of a notice of
interference to the parties. The notice shall be sent to each
applicant, in care of the applicant's attorney or other representative
of record, if any, and if one of the parties is a registrant, the
notice shall be sent to the registrant or the registrant's assignee of
record. The notice shall give the name and address of every adverse
party and of the adverse party's attorney or other authorized
representative, if any, together with the serial number and date of
filing and publication of each of the applications, or the registration
number and date of issuance of each of the registrations, involved.
. 35. Revise § 2.99(d)(2) and (g) to read as follows:
§ 2.99 Application to register as concurrent user.
* * * * *
(d)(1) * * *
(2) An answer to the notice is not required in the case of an
applicant or registrant whose application or registration is specified
as a concurrent user in the application, but a statement, if desired,
may be filed within forty days after the issuance of the notice; in the
case of any other party specified as a concurrent user in the
application, an answer must be filed within forty days after the
issuance of the notice.
* * * * *
(g) Registrations and applications to register on the Supplemental
Register and registrations under the Act of 1920 are not subject to
concurrent use registration proceedings. Applications under section
1(b) of the Act of 1946 are subject to concurrent use registration
proceedings only after the applicant files an acceptable allegation of
use under § 2.76 or § 2.88. Applications based solely on
section 44 or section 66(a) of the Act are not subject to concurrent
use registration proceedings.
* * * * *
. 36. Revise § 2.141 to read as follows:
§ 2.141 Ex parte appeals from action of trademark examining
attorney.
(a) An applicant may, upon final refusal by the trademark examining
attorney, appeal to the Trademark Trial and Appeal Board upon payment
of the prescribed fee for each class in the application for which an appeal
is taken, within six months of the date of issuance of the final action. A
second refusal on the same grounds may be considered as final by the
applicant for purpose of appeal.
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(b) The applicant must pay an appeal fee for each class from which
the appeal is taken. If the applicant does not pay an appeal fee for at
least one class of goods or services before expiration of the six-month
statutory filing period, the application will be abandoned. In a
multiple-class application, if an appeal fee is submitted for fewer
than all classes, the applicant must specify the class(es) in which the
appeal is taken. If the applicant timely submits a fee sufficient to
pay for an appeal in at least one class, but insufficient to cover all
the classes, and the applicant has not specified the class(es) to which
the fee applies, the Board will issue a written notice setting a time
limit in which the applicant may either pay the additional fees or
specify the class(es) being appealed. If the applicant does not submit
the required fee or specify the class(es) being appealed within the set
time period, the Board will apply the fee(s) to the class(es) in
ascending order, beginning with the lowest numbered class.
. 37. Revise § 2.146(c), (d), (e), (i) introductory text, and (j)(1)
to read as follows:
§ 2.146 Petitions to the Director.
* * * * *
(c) Every petition to the Director must include a statement of the
facts relevant to the petition, the points to be reviewed, the action
or relief requested, and the fee required by § 2.6. Any brief in
support of the petition should be embodied in or accompany the
petition. The petitioner, someone with legal authority to bind the
petitioner (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of §
11.14 of this chapter must sign the petition. When facts are to be
proved on petition, the petitioner must submit proof in the form of
affidavits or declarations in accordance with § 2.20, signed by
someone with firsthand knowledge of the facts to be proved, and any
exhibits.
(d) A petition must be filed within two months of the date of
issuance of the action from which relief is requested, unless a
different deadline is specified elsewhere in this chapter.
(e)(1) A petition from the grant or denial of a request for an
extension of time to file a notice of opposition must be filed within
fifteen days from the date of issuance of the grant or denial of the
request. A petition from the grant of a request must be served on the
attorney or other authorized representative of the potential opposer,
if any, or on the potential opposer. A petition from the denial of a
request must be served on the attorney or other authorized
representative of the applicant, if any, or on the applicant. Proof of
service of the petition must be made as provided by § 2.119. The
potential opposer or the applicant, as the case may be, may file a
response within fifteen days from the date of service of the petition
and must serve a copy of the response on the petitioner, with proof of
service as provided by § 2.119. No further document relating to the
petition may be filed.
(2) A petition from an interlocutory order of the Trademark Trial
and Appeal Board must be filed within thirty days after the date of
issuance of the order from which relief is requested. Any brief in
response to the petition must be filed, with any supporting exhibits,
within fifteen days from the date of service of the petition. Petitions
and responses to petitions, and any documents accompanying a petition
or response under this subsection must be served on every adverse party
pursuant to § 2.119.
* * * * *
(i) Where a petitioner seeks to reactivate an application or
registration that was abandoned, cancelled or expired because documents
were lost or mishandled, the Director may deny the petition if the
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petitioner was not diligent in checking the status of the application
or registration. To be considered diligent, a petitioner must:
(1) * * *
* * * * *
(j) * * *
(1) Files the request within two months of the date of issuance of
the decision denying the petition; and
* * * * *
. 38. Revise § 2.153 to read as follows:
§ 2.153 Publication requirements.
The owner of a mark registered under the provisions of the Acts of
1881 or 1905 may at any time prior to the expiration of the period for
which the registration was issued or renewed, upon the payment of the
prescribed fee, file an affidavit or declaration in accordance with
§ 2.20 setting forth those goods or services in the registration on
or in connection with which said mark is in use in commerce, and
stating that the owner claims the benefits of the Trademark Act of
1946. The affidavit or declaration must be signed by a person properly
authorized to sign on behalf of the owner (§ 2.161(b)).
. 39. Revise the undesignated center heading immediately preceding § 2.160 to
read as follows:
Cancellation for Failure To File Affidavit or Declaration
. 40. Revise § 2.161(g)(3) to read as follows:
§ 2.161 Requirements for a complete affidavit or declaration of
continued use or excusable nonuse.
* * * * *
(g) * * *
(3) Be a digitized image in .jpg or .pdf format, if transmitted
through TEAS.
. 41. Revise § 2.163(b) and add a new paragraph (c) to read as
follows:
§ 2.163 Acknowledgment of receipt of affidavit or declaration.
* * * * *
(b) A response to the refusal must be filed within six months of
the date of issuance of the Office action, or before the end of the
filing period set forth in section 8(a) or section 8(b) of the Act,
whichever is later. The response must be signed by the owner, someone
with legal authority to bind the owner (e.g., a corporate officer or
general partner of a partnership), or a practitioner qualified to
practice under § 11.14 of this chapter.
(c) If no response is filed within this time period, the
registration will be cancelled, unless time remains in the grace period
under section 8(c)(1) of the Act. If time remains in the grace period,
the owner may file a complete new affidavit.
. 42. Revise § 2.165(b) to read as follows:
§ 2.165 Petition to Director to review refusal.
* * * * *
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(b) If the examiner maintains the refusal of the affidavit or
declaration, the owner may file a petition to the Director to review
the action. The petition must be filed within six months of the date of
issuance of the action maintaining the refusal, or the Office will
cancel the registration and issue a notice of the cancellation.
* * * * *
. 43. Revise § 2.167(a), (d) and (f) to read as follows:
§ 2.167 Affidavit or declaration under section 15.
* * * * *
(a) Be verified (sworn to) or supported by a declaration under
§ 2.20, signed by the owner of the registration or a person
properly authorized to sign on behalf of the owner (§ 2.161(b));
* * * * *
(d) Specify that there has been no final decision adverse to the
owner's claim of ownership of such mark for such goods or services, or
to the owner's right to register the same or to keep the same on the
register;
* * * * *
(f) Be filed within one year after the expiration of any five-year
period of continuous use following registration or publication under
section 12(c). The Office will issue a notice acknowledging receipt of
the affidavit or declaration.
* * * * *
. 44. Revise § 2.171 to read as follows:
§ 2.171 New certificate on change of ownership.
(a) Full change of ownership. If the ownership of a registered mark
changes, the new owner may request that a new certificate of
registration be issued in the name of the new owner. The assignment or
other document changing title must be recorded in the Office. The
request for the new certificate must include the fee required by
§ 2.6(a)(8) and be signed by the owner of the registration, someone with
legal authority to bind the owner (e.g., a corporate officer or general
partner of a partnership), or a practitioner qualified to practice
under § 11.14 of this chapter. In a registered extension of
protection, the assignment must be recorded with the International
Bureau of the World Intellectual Property Organization before it can be
recorded in the Office (see § 7.22).
(b) Partial change of ownership. (1) In a registration resulting
from an application based on section 1 or 44 of the Act, if ownership
of a registration has changed with respect to some but not all of the
goods and/or services, the owner(s) may file a request that the
registration be divided into two or more separate registrations. The
assignment or other document changing title must be recorded in the
Office. The request to divide must include the fee required by
§ 2.6(a)(8) for each new registration created by the division, and be
signed by the owner of the registration, someone with legal authority
to bind the owner (e.g., a corporate officer or general partner of a
partnership), or a practitioner qualified to practice under § 11.14
of this chapter.
(2)(i) When the International Bureau of the World Intellectual
Property Organization notifies the Office that an international
registration has been divided as the result of a change of ownership
with respect to some but not all of the goods or services, the Office
will construe the International Bureau's notice as a request to divide.
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The Office will record the partial change of ownership in the
Assignment Services Branch, and divide out the assigned goods/services
from the registered extension of protection (parent registration),
issue an updated certificate for the parent registration, and publish
notice of the parent registration in the Official Gazette.
(ii) The Office will create a new registration number for the child
registration, and enter the information about the new registration in
its automated records. The Office will notify the new owner that the
new owner must pay the fee required by § 2.6 to obtain a new
registration certificate for the child registration. It is not
necessary for the new owner to file a separate request to divide.
(iii) The Office will not divide a registered extension of
protection unless the International Bureau notifies the Office that the
international registration has been divided.
. 45. Revise § 2.173 to read as follows:
§ 2.173 Amendment of registration.
(a) Form of amendment. The owner of a registration may apply to
amend a registration or to disclaim part of the mark in the
registration. The owner must submit a written request specifying the
amendment or disclaimer. If the registration is involved in an inter
partes proceeding before the Trademark Trial and Appeal Board, the
request must be filed by appropriate motion to the Board.
(b) Requirements for request. A request for amendment or disclaimer
must:
(1) Include the fee required by § 2.6;
(2) Be signed by the owner of the registration, someone with legal
authority to bind the owner (e.g., a corporate officer or general
partner of a partnership), or a practitioner who meets the requirements
of § 11.14, and verified or supported by a declaration under § 2.20; and
(3) If the amendment involves a change in the mark: a new specimen
showing the mark as used on or in connection with the goods or
services; an affidavit or declaration under § 2.20 stating that the
specimen was in use in commerce at least as early as the filing date of
the amendment; and a new drawing of the amended mark.
(c) Registration must still contain registrable matter. The
registration as amended must still contain registrable matter, and the
mark as amended must be registrable as a whole.
(d) Amendment may not materially alter the mark. An amendment or
disclaimer must not materially alter the character of the mark.
(e) Amendment of identification of goods. No amendment in the
identification of goods or services in a registration will be permitted
except to restrict the identification or to change it in ways that
would not require republication of the mark.
(f) Conforming amendments may be required. If the registration
includes a disclaimer, description of the mark, or other miscellaneous
statement, any request to amend the registration must include a request
to make any necessary conforming amendments to the disclaimer,
description, or other statement.
(g) Elimination of disclaimer. No amendment seeking the elimination
of a disclaimer will be permitted, unless deletion of the disclaimed
portion of the mark is also sought.
. 46. Revise § 2.174 to read as follows:
§ 2.174 Correction of Office mistake.
Whenever Office records clearly disclose a material mistake in a
registration, incurred through the fault of the Office, the Office will
issue a certificate of correction stating the fact and nature of the
mistake, signed by the Director or by an employee designated by the
Director, without charge. Thereafter, the corrected certificate shall
have the same effect as if it had been originally issued in the
corrected form. In the discretion of the Director, the Office may issue
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a new certificate of registration without charge.
. 47. In § 2.175 revise the section heading and paragraphs (a) and
(b)(2) to read as follows, and remove paragraph (c):
§ 2.175 Correction of mistake by owner.
(a) Whenever a mistake has been made in a registration and a
showing has been made that the mistake occurred in good faith through
the fault of the owner, the Director may issue a certificate of
correction. In the discretion of the Director, the Office may issue a
new certificate upon payment of the required fee, provided that the
correction does not involve such changes in the registration as to
require republication of the mark.
(b) * * *
(2) Be signed by the owner of the registration, someone with legal
authority to bind the owner (e.g., a corporate officer or general
partner of a partnership), or a practitioner who meets the requirements
of § 11.14 of this chapter, and verified or include a declaration
in accordance with § 2.20; and
* * * * *
. 48. Revise § 2.176 to read as follows:
§ 2.176 Consideration of above matters.
The matters in §§ 2.171 to 2.175 will be considered in the
first instance by the Post Registration examiners, except for requests
to amend registrations involved in inter partes proceedings before the
Trademark Trial and Appeal Board, as specified in § 2.173(a), which
shall be considered by the Board. If an action of the examiner is
adverse, the owner of the registration may petition the Director to
review the action under § 2.146. If the owner does not respond to
an adverse action of the examiner within six months of the date of
issuance, the matter will be considered abandoned.
. 49. Amend § 2.183 by adding a new paragraph (f), to read as
follows:
§ 2.183 Requirements for a complete renewal application.
* * * * *
(f) Renewals of registrations issued under a prior classification
system will be processed on the basis of that system, unless the
registration has been amended to adopt international classification
pursuant to § 2.85(e)(3).
. 50. Revise § 2.184(b) to read as follows:
§ 2.184 Refusal of renewal.
* * * * *
(b)(1) The registrant must file a response to the refusal of
renewal within six months of the date of issuance of the Office action,
or before the expiration date of the registration, whichever is later.
If no response is filed within this time period, the registration will
expire, unless time remains in the grace period under section 9(a) of
the Act. If time remains in the grace period, the registrant may file a
complete new renewal application.
(2) The registrant, someone with legal authority to bind the
registrant (e.g., a corporate officer or general partner of a
partnership), or a practitioner who meets the requirements of § 11.14 must
sign the response.
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* * * * *
. 51. Revise § 2.186(b) to read as follows:
§ 2.186 Petition to Director to review refusal of renewal.
* * * * *
(b) If the examiner maintains the refusal of the renewal
application, a petition to the Director to review the refusal may be
filed. The petition must be filed within six months of the date of
issuance of the Office action maintaining the refusal, or the renewal
application will be abandoned and the registration will expire.
* * * * *
. 52. Revise § 2.195(b) and (e) to read as follows:
§ 2.195 Receipt of trademark correspondence.
* * * * *
(b) Correspondence delivered by hand. Correspondence may be
delivered by hand during hours the Office is open to receive
correspondence.
* * * * *
(e) Interruptions in U.S. Postal Service. (1) If the Director
designates a postal service interruption or emergency within the
meaning of 35 U.S.C. 21(a), any person attempting to file
correspondence by "Express Mail Post Office to Addressee" service who
was unable to deposit the correspondence with the United States Postal
Service due to the interruption or emergency may petition the Director
to consider such correspondence as filed on a particular date in the
Office.
(2) The petition must:
(i) Be filed promptly after the ending of the designated
interruption or emergency;
(ii) Include the original correspondence or a copy of the original
correspondence; and
(iii) Include a statement that the correspondence would have been
deposited with the United States Postal Service on the requested filing
date but for the designated interruption or emergency in "Express
Mail" service; and that the correspondence attached to the petition is
the original correspondence or a true copy of the correspondence
originally attempted to be deposited as Express Mail on the requested
filing date.
(3) Paragraphs (e)(1) and (e)(2) of this section do not apply to
correspondence that is excluded from the Express Mail procedure
pursuant to § 2.198(a)(1).
. 53. Revise § 2.208(c)(3) to read as follows, and remove paragraph
(c)(4):
§ 2.208 Deposit accounts.
* * * * *
(c) * * *
(3) A payment to replenish a deposit account may be addressed to:
Director of the United States Patent and Trademark Office, Attn:
Deposit Accounts, 2051 Jamieson Avenue, Suite 300, Alexandria, Virginia
22314.
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 161 |
PART 3 - ASSIGNMENT, RECORDING AND RIGHTS OF ASSIGNEE
. 54. The authority citation for part 3 continues to read as follows:
Authority: 15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless otherwise
noted.
. 55. In § 3.31, add paragraph (a)(8) and revise (f) to read as
follows:
§ 3.31 Cover sheet content.
(a) * * *
(8) For trademark assignments, the entity and citizenship of the
party receiving the interest. In addition, if the party receiving the
interest is a domestic partnership or domestic joint venture, the cover
sheet must set forth the names, legal entities, and national
citizenship (or the state or country of organization) of all general
partners or active members that compose the partnership or joint
venture.
* * * * *
(f) Each trademark cover sheet should include the citizenship of
the party conveying the interest.
* * * * *
PART 6 - CLASSIFICATION OF GOODS AND SERVICES UNDER THE TRADEMARK ACT
. 56. The authority citation for part 6 continues to read as follows:
Authority: 15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless otherwise
noted.
. 57. Revise § 6.3 to read as follows:
§ 6.3 Schedule for certification marks.
In applications for registration of certification marks based on
sections 1 and 44 of the Trademark Act and registrations resulting from
such applications, goods and services are classified in two classes as
follows:
A. Goods.
B. Services.
. 58. Revise § 6.4 to read as follows:
§ 6.4 Schedule for collective membership marks.
All collective membership marks in applications based on sections 1
and 44 of the Trademark Act and registrations resulting from such
applications are classified as follows:
- - - - - - - - - - - - - - - - - - - - - - - - -
Class Title
- - - - - - - - - - - - - - - - - - - - - - - - -
200.............................. Collective Membership.
- - - - - - - - - - - - - - - - - - - - - - - - -
PART 7 - RULES OF PRACTICE IN FILINGS PURSUANT TO THE PROTOCOL
RELATING TO THE MADRID AGREEMENT CONCERNING THE INTERNATIONAL
REGISTRATION OF MARKS
. 59. The authority citation for 37 CFR part 7 continues to read as
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 162 |
follows:
Authority: 15 U.S.C. 1123, 35 U.S.C. 2, unless otherwise noted.
. 60. Revise § 7.11(a)(2) to read as follows:
§ 7.11 Requirements for international application originating from
the United States.
(a) * * *
(2) The name and entity of the international applicant that is
identical to the name and entity of the applicant or registrant in the
basic application or basic registration, and the applicant's current
address;
* * * * *
. 61. Revise § 7.14(e) to read as follows:
§ 7.14 Correcting irregularities in international application.
* * * * *
(e) Procedure for response. To be considered timely, a response
must be received by the International Bureau before the end of the
response period set forth in the International Bureau's notice. Receipt
in the Office does not fulfill this requirement. Any response submitted
through the Office for forwarding to the International Bureau should be
submitted as soon as possible, but at least one month before the end of
the response period in the International Bureau's notice. The Office
will not process any response received in the Office after the
International Bureau's response deadline.
. 62. Revise § 7.25(a) to read as follows:
§ 7.25 Sections of part 2 applicable to extension of protection.
(a) Except for §§ 2.22-2.23, 2.130-2.131, 2,160-2.166,
2.168, 2.173, and 2.181-2.186, all sections in parts 2, 10, and 11 of
this chapter shall apply to an extension of protection of an
international registration to the United States, including sections
related to proceedings before the Trademark Trial and Appeal Board,
unless otherwise stated.
* * * * *
. 63. Revise § 7.39(b) to read as follows:
§ 7.39 Acknowledgment of receipt of affidavit or declaration of
use in commerce or excusable nonuse.
* * * * *
(b) A response to a refusal under paragraph (a) of this section
must be filed within six months of the date of issuance of the Office
action, or before the end of the filing period set forth in section
71(a) of the Act, whichever is later. The Office will cancel the
extension of protection if no response is filed within this time
period.
. 64. Revise § 7.40(b) to read as follows:
§ 7.40 Petition to Director to review refusal.
* * * * *
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 163 |
(b) If the examiner maintains the refusal of the affidavit or
declaration, the holder may file a petition to the Director to review
the examiner's action. The petition must be filed within six months of
the date of issuance of the action maintaining the refusal, or the
Office will cancel the registration.
* * * * *
November 10, 2008 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
| Patents and Serial Numbers Available for License or Sale |
Patents and Serial Numbers
Available for License or Sale
D.565,114 SET OF ALPHABETIC LABELS
Contact: William Smith
14013 Briarwood Drive
Laurel, Maryland 20708
(443) 756-8460
7,387,127 CIGAR HOLDER FOR GOLF CART
Attorney: Jonathan R. Smith
Contact: Jon L. Braun
4521 Sunbeam Rd.
Jacksonville, FL 32257-6111
(Voice) (904) 731-5065
(Fax) (904) 731-7911
(Email) jrsmithlaw@bellsouth.net
11/789,303 HEADLIGHT BRAKE WARNING SYSTEM ASSEMBLY
Contact: James Tostevin
P.O. Box 544
Boca Raton, FL 33429-544
(Voice) (954) 856-6256
(Fax) (561) 995-4151
(Email) usaroadwarriors@netzero.com
6,475,172 INSTRUMENT FOR CLEANING TONSILS
Contact: Barbara J. Hall Ramirez
424 Overlook RD.
Vermilion, Ohio 44089
(Voice) 440-309-0050
6,216,568 PLIERS FOR REMOVING KNOCKOUTS
Attorney: Altheimer and Gray
Contact: Jerry Breiling
(Voice) 847-308-8088
(Fax) 815-991-5858
(E-mail) electme4@yahoo.com
D.443,443 TABLE TOP SUPPORT STRUCTURE
Attorney: Daniel L. Boots; Indianapolis Indiana
Contact: Beverly (Welke) Starbuck
11950 Pebblepointe Pass
Carmel, Indiana 46033
(Voice) 317-587-1020
(Fax) 317-815-9391
(Email) bstarbuck@indy.rr.com
7,232,184 SEAT SOCK
Contact: Suzanne Lawler
927 Barrymoore Loop
The Villages, FL. 32162
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 165 |
(Voice) (352) 205-7758
(Email) onemiksue@embarqmail.com
6,292,810 POLYMORPHIC ENHANCED MODELING
Contact: Richard Richards
2947 Kalakaua Ave,
Apt PH02,
Honolulu, HI 96815
(Voice) 720-253-7042
(Email) dick.richards@comcast.net
7,435,091 ROTATING ELECTRICAL POWER PLUG ADAPTER
Contact: Felix Cruz
P.O. Box 1132
Montclair, New Jersey 07042
(Voice) (973) 508-9987
(Email) enrqcruz@verizon.net
7,125,082 AUXILIARY MULTIPURPOSE LOADING AND UNLOADING
APPARATUS FOR TRUCKS AND THE LIKE
Attorney: Craig Stainbrook LLP
Contact Person: Gary D. Copus
P.O. Box 2696
Lodi, CA 95241
(Voice) (209) 366-4351
(Fax) (209) 367-4332
(Email) bustingloose4u2@msn.com
7,377,135 MULTIPURPOSE PORTABLE LOCK
Attorney: Craig Stainbrook LLP
Contact Person: Gary D. Copus
P.O. Box 2696
Lodi, CA 95241
(Voice) (209) 366-4351
(Fax) (209) 367-4332
(Email) bustingloose4u2@msn.com
6,017,076 FAIRING AND FAIRINGLESS ENCLOSURES FOR
TWO-THREE-, AND FOUR-WHEEL AUTOMOTIVE
VEHICLES/RIDERS/PASSENGERS/LOADS (FFES)
Contact: William R. Belisle-Sole
Inventor for the Motorcycle Airbag
Protection System (FAIRING AND FAIRINGLESS
ENCLOSURES FOR TWO-THREE-, AND FOUR-WHEEL
AUTOMOTIVE VEHICLES/RIDERS/PASSENGERS/LOADS
(FFES))
7901 Lafourche Street
New Orleans, LA 70127
(Voice) (504) 858-1316
(Email) wbelisle@suno.edu
7,448,629 TRI BOARD GAME
Agent: Clarence Albritton
Contact: Anthony Robinson
3506 Saville Lane
Mitchellville, Md. 20721
(Voice) (301) 459-7481
(Cell) (301) 789-5775
(Fax) (301) 459-7481
(Email) arobinson51@hotmail.com
Errata
"All reference to Patent No. C1 6,102,802 to Brad A. Armstrong of
Paradise, CA for GAME CONTROLLER WITH ANALOG PRESSURE SENSOR(S) appearing
in the Official Gazette of August 19, 2008 should be deleted since no
patent was granted."
"All reference to Patent No. 7,413,016 to Harold G. Walters, et al of
Duncan, OK for POLYMER MIXTURES FOR CROSSLINKED FLUIDS appearing in the
Official Gazette of August 19, 2008 should be deleted since no patent was
granted."
"All reference to Patent No. 7,413,308 to Daizo Oka of Kanagawa, Japan
for IMAGE FORMING DEVICE AND METHOD appearing in the Official Gazette of
August 19, 2008 should be deleted since no patent granted."
"All reference to Patent No. 7,414,003 to Umeda, et al of Tokyo, Japan
for ELECTRONIC DEVICE appearing in the Official Gazette of August 19, 2008
should be deleted since no patent was granted."
"All reference to Patent No. 7,414,104 to T. Tilak Raj, et al of
Bangalore, India for POLYMERS, POLYMER COMPOSITIONS, AND METHOD OF PRE-
PARATION appearing in the Official Gazette of August 19, 2008 should be
deleted since no patent was granted."
"All reference to Patent No. 7,414,265 to Shunpei Yamazaki of Setagaya,
Japan for ELECTRO-OPTICAL DEVICE WITH COMPRISES THIN FILM TRANSISTORS AND
METHOD FOR MANUFACTURING THE SAME appearing in the Official Gazette of
August 19, 2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,414,420 to Daniel P. Cram, et al of
Boise, ID for RESILIENT CONTACT PROBES appearing in the Official Gazette of
August 19, 2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,414,452 to Tatsuya Kishii of Iwata-shi,
Japan for OFFSET CORRECTING METHOD, OFFSET CORRECTING CIRCUIT, AND
ELECTRONIC VOLUME appearing in the Official Gazette of August 19, 2008
should be deleted since no patent was granted."
"All reference to Patent No. 7,414,610 to Michiko Endo, et al of
Shinagawa, Japan for PRESSING DIRECTION SENSOR AND INPUT DEVICE USING
THE SAME appearing in the Official Gazette of August 19, 2008 should be
deleted since no patent was granted."
"All reference to Patent No. 7,414,618 to Majid Anwar of Glassglow,
United Kingdom for USER INTERFACE SYSTEMS AND METHOD FOR MANIPULATING AND
VIEWING DIGITAL DOCUMENTS appearing in the Official Gazette of August 19,
2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,414,678 to Naoto Maruta of Osaka, Japan
for PLASMA TELEVISION, DISPLAY PANEL TYPE TELEVISION, AND FABRICATION
METHOD FOR DISPLAY PANEL TYPE TELEVISION appearing in the Official Gazette
of August 19, 2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,414,863 to Shigeo Tanaka, et al of
Kawasaki, Japan for POWER SUPPLY CONTROL METHOD, CURRENT-TO-VOLTAGE
CONVERSION CIRCUIT AND ELECTRONIC APPARATUS appearing in the Official
Gazette of August 19, 2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,414,884 to Sunaga, et al of Ohtsu-shi,
Japan for MIRAM ARRAY AND ACCESS METHOD THEREOF appearing in the Official
Gazette of August 19, 2008 should be deleted since no patent was granted."
"All reference to Patent of 7,414,910 to Hajime Sato, et al of Kasugai,
Japan for SEMICONDUCTOR MEMORY DEVICE AND REFRESH METHOD FOR THE SAME
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 167 |
appearing in the Official Gazette of August 19, 2008 should be deleted
since no patent was granted."
"All reference to Patent No. 7,414,966 to Akikazu Meshara, et al of
Yokohama, Japan for TRANSMISSION SYSTEM WITH CONGESTION STATE-BASED FLOW
CONTROL appearing in the Official Gazette of August 19, 2008 should be
deleted since no patent was granted."
"All reference to Patent No. 7,415,008 to Toru Yoshihara, et al of
Koriyama-Shi, Japan for EXCHANGE EQUIPMENT appearing in the Official
Gazette of August 19, 2008 should be deleted since no patent ws granted."
"All reference to Patent No. 7,415,036 to Kent, et al of Vista, CA for
METHOD AND SYSTEM FOR CHANNEL ESTIMATION IN A SINGLE CHANNEL (SC) MULTIPLE-
INPUT MULTIPLE-OUTPUT (MIMO) SYSTEM COMPRISING TWO-TRANSMIT (2-TX) AND
MULTIPLE-RECEIVE (M-RX) ANTENNAS FOR WCDMA/HSDPA appearing in the Official
Gazette of August 19, 2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,415,132 to Otsuka, et al of Hitachi,
Japan for IMAGE PROCESSING SYSTEM AND VEHICLE CONTROL SYSTEM appearing in
the Official Gazette of August 19, 2008 should be deleted since no patent
was granted."
"All reference to Patent No. 7,415,374 to Atwell, et al of Lake Mary, FL
for PORTABLE COORDINATE MEASUREMENT MACHINE WITH INTEGRATED LINE LASER
SCANNER appearing in the Official Gazette of August 19, 2008 should be
deleted since no patent was granted."
"All reference to Patent No. 7,415,566 to Melvin James Bullen, et al of
Reston, VA for METHODS AND SYSTEMS FOR AN INDENTIFIER-BASED MEMORY SECTION
appearing in the Official Gazette of August 19, 2008 should be deleted
since no patent was granted."
"All reference to Patent No. 7,415,657 to Miska Hannuksela of Ruutana,
Finland, for BUFFERING PACKETS OF A MEDIA STREAM appearing in the Official
Gazette of August 19, 2008 should be deleted since no patent was granted."
"All reference to Patent No. 7,415,724 to Mark Jones, et al of Nepean,
Canada for METHOD AND SYSTEM FOR SESSION ACCOUNTING IN WIRELESS NETWORKS
appearing in the Official Gazette of August 19, 2008 should be deleted
since no patent was granted."
| Certificates of Correction |
Certificates of Correction
for November 18, 2008
5,162,878 7,224,015 7,363,973 7,406,400
5,559,990 7,233,512 7,364,152 7,406,718
5,886,955 7,235,387 7,364,562 7,407,196
5,964,253 7,243,348 7,364,676 7,407,836
5,981,193 7,243,598 7,365,886 7,408,041
6,002,476 7,244,973 7,366,208 7,408,302
6,023,308 7,248,406 7,366,292 7,408,436
6,183,740 7,252,063 7,366,438 7,409,187
6,273,493 7,253,793 7,366,753 7,409,687
6,303,607 7,256,212 7,366,863 7,409,713
6,475,595 7,257,386 7,367,417 7,409,727
6,484,059 7,258,258 7,367,533 7,410,231
6,509,414 7,259,261 7,367,962 7,410,572
6,562,826 7,260,499 7,368,071 7,410,794
6,563,974 7,260,884 7,368,107 7,410,904
6,576,434 7,263,513 7,368,224 7,410,931
6,637,687 7,264,964 7,368,846 7,411,182
6,673,870 7,265,063 7,370,111 7,411,373
6,683,879 7,268,933 7,371,262 7,411,603
6,688,743 7,270,266 7,371,391 7,411,664
6,688,780 7,270,996 7,371,582 7,411,679
6,697,918 7,271,846 7,372,962 7,411,734
6,710,790 7,272,026 7,372,966 7,411,877
6,716,603 7,273,176 7,373,068 7,412,325
6,720,014 7,276,606 7,374,393 7,412,708
6,723,832 7,280,376 7,374,532 7,413,261
6,726,659 7,281,187 7,374,644 7,413,405
6,748,495 7,281,951 7,375,535 7,413,643
6,780,672 7,282,041 7,375,604 7,413,743
6,783,759 7,282,821 7,376,055 7,413,927
6,810,332 7,283,305 7,376,558 7,414,114
6,842,079 7,284,701 7,376,678 7,414,240
6,855,365 7,284,837 7,377,081 7,414,243
6,871,621 7,291,191 7,377,936 7,414,257
6,874,081 7,294,428 7,377,970 7,414,407
6,876,009 7,294,814 7,378,408 7,414,433
6,878,521 7,294,899 7,378,688 7,414,444
6,882,711 7,295,866 7,379,059 7,414,718
6,884,071 7,296,386 7,379,065 7,414,781
6,891,567 7,297,202 7,379,686 7,415,262
6,892,861 7,298,872 7,380,296 7,415,477
6,904,168 7,301,404 7,381,116 7,415,549
6,931,945 7,302,142 7,381,330 7,415,580
6,933,328 7,302,413 7,381,515 7,415,643
6,935,465 7,302,582 7,382,939 7,415,833
6,939,080 7,304,112 7,383,006 7,415,891
6,949,563 7,304,278 7,383,078 7,416,347
6,953,045 7,306,499 7,383,100 7,416,700
6,954,531 7,306,738 7,383,219 7,416,879
6,973,600 7,307,742 7,383,543 7,416,972
6,978,395 7,309,757 7,384,027 7,416,995
6,981,862 7,313,414 7,384,432 7,417,116
6,983,530 7,313,441 7,384,936 7,417,665
6,984,800 7,316,549 7,385,205 7,417,751
6,985,962 7,317,129 7,385,490 7,417,782
6,993,861 7,317,456 7,385,705 7,418,048
7,010,335 7,320,047 7,386,192 7,418,161
7,024,845 7,321,729 7,386,208 7,418,273
7,025,021 7,321,883 7,386,445 7,419,164
7,028,279 7,324,020 7,387,350 7,419,573
7,031,396 7,324,133 7,387,519 7,419,719
7,056,836 7,325,293 7,388,139 7,419,783
| December 9, 2008 |
US PATENT AND TRADEMARK OFFICE |
1337 OG 169 |
7,064,000 7,328,402 7,388,741 7,419,808
7,078,900 7,328,509 7,389,678 7,420,030
7,087,859 7,329,745 7,389,999 7,420,382
7,093,949 7,329,828 7,390,261 7,422,770
7,100,315 7,329,854 7,390,349 7,422,783
7,102,887 7,330,663 7,390,388 7,422,867
7,103,215 7,332,272 7,390,545 7,422,961
7,103,502 7,335,743 7,391,180 7,423,012
7,104,291 7,335,996 7,392,454 7,423,238
7,105,723 7,337,005 7,393,842 7,423,477
7,108,343 7,337,425 7,394,107 7,423,825
7,117,651 7,337,794 7,394,434 7,424,156
7,119,175 7,337,874 7,394,593 7,424,796
7,119,191 7,337,957 7,394,716 7,425,338
7,120,120 7,339,990 7,394,961 7,425,440
7,120,392 7,340,083 7,395,415 7,425,507
7,122,176 7,340,495 7,395,616 7,425,602
7,129,500 7,340,731 7,395,619 7,425,839
7,130,197 7,342,709 7,396,137 7,425,951
7,142,490 7,343,389 7,396,480 7,426,378
7,146,769 7,343,518 7,396,654 7,426,599
7,148,353 7,343,899 7,396,688 7,426,638
7,148,757 7,343,906 7,396,819 7,426,776
7,152,191 7,344,239 7,397,034 7,426,999
7,153,970 7,344,882 7,397,140 7,427,261
7,155,701 7,345,746 7,397,699 7,427,301
7,156,491 7,346,061 7,397,897 7,428,171
7,157,895 7,346,207 7,398,402 7,428,524
7,158,262 7,346,404 7,398,805 7,428,535
7,159,192 7,347,082 7,399,282 7,428,607
7,162,669 7,347,420 7,399,492 7,428,865
7,162,743 7,348,034 7,399,845 7,428,874
7,167,020 7,348,524 7,400,151 7,429,032
7,167,265 7,348,760 7,400,184 7,429,407
7,170,655 7,348,964 7,400,276 7,429,489
7,173,728 7,349,699 7,400,558 7,429,556
7,180,534 7,349,829 7,400,560 7,430,257
7,186,556 7,351,122 7,400,830 7,430,653
7,188,837 7,351,136 7,401,451 7,431,312
7,189,929 7,351,977 7,402,018 7,431,689
7,190,861 7,352,470 7,402,714 7,431,740
7,191,277 7,352,908 7,403,156 7,432,161
7,192,026 7,353,064 7,403,166 7,432,175
7,196,903 7,353,117 7,403,368 7,432,810
7,196,922 7,353,382 7,403,407 7,432,938
7,205,323 7,353,830 7,403,431 7,433,185
7,210,182 7,354,788 7,403,452 7,433,396
7,211,209 7,355,096 7,403,458 7,434,175
7,211,254 7,355,942 7,403,665 7,437,560
7,212,195 7,356,148 7,403,884 D.521,285
7,214,707 7,357,211 7,403,895 D.529,480
7,214,945 7,358,026 7,404,317 D.536,713
7,214,970 7,358,615 7,404,692 D.547,851
7,215,362 7,359,185 7,404,777 D.559,315
7,217,046 7,359,245 7,404,997 D.562,387
7,217,131 7,359,464 7,405,230 D.563,699
7,217,689 7,360,186 7,405,304 D.573,400
7,218,422 7,360,594 7,405,546 D.574,859
7,220,575 7,360,888 7,405,548 D.576,447
7,220,774 7,361,638 7,405,580 D.577,507
7,221,144 7,363,569 7,405,728 D.577,571
7,222,245 7,363,763 7,405,784 RE.40,189
7,223,394 7,363,834 7,406,010 RE.40,328
| Summary of Final Decisions Issued by the Trademark Trial and Appeal Board |
SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
November 3-7, 2008
Date Issued
|
Type of Case(1) |
Proceeding or Appn. No. |
Party or Parties |
Issue |
TTAB Decision |
Opposer's or Petitioner's Mark and Goods or Services |
Applicant's or Respondent's Mark and Goods or Services |
Mark and Goods Cited by Examining Attorney |
Citable as Precedent of TTAB |
| 11-3 |
EX |
76617521 |
Mannington Carpets, Inc. |
2(d) |
Refusal Affirmed |
|
"ART WITH A HEART" [charitable fundraising services] |
"ART WITH A HEART" (and design) [providing visual art classes to underserved and disadvantaged people] |
No |
| 11-3 |
CANC |
92044086 |
Pan American Grain Manufacturing v. Goya Foods, Inc. |
genericness |
Petition to Cancel Granted |
"VALENCIA" [rice] |
"VALENCIA RICE" [rice] |
|
No |
| 11-3 |
EX |
78460997 |
Oblio Telecom, L.L.P. |
2(d) |
Refusal Affirmed as to all four cited registrations |
|
"BRAVO" [wireless telecommunications, namely, wireless telephone services] |
4 cited registrations, all owned by the same entity:
"BRAVOBUILD," "BRAVOSOLUTION," "BRAVOINDUSTRY" (in typed drawing form), and
"BRAVOINDUSTRY" (in standard character format) [all four marks for: telecommunications services, namely, providing gateway links between businesses and their customers via the Internet] |
No |
| 11-4 |
EX |
78874163 |
QBE Regional Companies (N.A.), Inc. |
2(d) |
Refusal Affirmed |
|
"PRECISE PRICING" [insurance underwriting services in the field of property and casualty insurance] |
"PRECISE LIFE" [life insurance underwriting services] |
No |
| 11-4 |
EX
(R) |
76660662 |
American Onion International, Inc. |
whether applicant’s mark incorporates an undisclaimed plant varietal name; whether applicant’s mark may, in the alternative, be registered on the Supplemental Register |
Examining Attorney’s Request for Reconsideration Denied
(Refusal Affirmed but, in accordance with Board’s decision of 8/8/08, mark permitted registration on the Supp. Reg. after applicant deleted its disclaimer of "SWEET-REDS" and disclaimed "PATAGONIA") |
|
"PATAGONIA SWEETREDS" [fresh onions] |
|
No |
| 11-4 |
EX |
78795221 |
QPay, Inc. |
2(d) |
Refusal Affirmed |
|
"*123" [international telephone calling card services] |
13 cited registrations, 5 owned by one entity and 8 owned by another entity:
"1010-123 AMERICATEL THE INTERNATIONAL CODE FOR HUGE SAVINGS" (and design) [telecommunication services, namely, long distance and international voice transmission; telecommunication services provided via telephone calling cards] and 4 other marks owned by the same entity for the same or related services; "123.COM" [sales of prepaid long distance telephone cards and telephone services, namely, long distance and international voice transmission] and 7 other marks owned by the same entity for the same or related services |
No |
| 11-4 |
EX
EX |
78954992
78954996 |
Kohr Brothers, Inc. |
Requirement under Section 6 to disclaim BROS. ORIGINAL ORANGEADE SUPREME and
BROS ORIGINAL ORANGE CREME |
Refusal Affirmed |
|
"KOHR BROS. ORIGINAL ORANGEADE SUPREME" and "KOHR BROS ORIGINAL ORANGE CRÈME" [both marks for: frozen custard shakes] |
|
No |
| 11-4 |
OPP
OPP |
91152287
91152290 |
Kohler Co. v. Kohler Homes; Kohler Co. v. Kohler Associates Architects |
2(d) |
Opposition Sustained in both cases |
"THE BOLD LOOK OF KOHLER" [plumbing fixtures and fittings for use with plumbing fixtures and parts therefor]; "KOHLER" [bathtubs, lavatories, sinks, water closets, urinals, and a variety of other plumbing fixtures and fittings]; |
"KOHLER HOMES" [custom construction of homes]; "KOHLER ASSOCIATES ARCHITECTS" [architectural design] |
|
No |
| 11-4 |
EX |
77022128 |
The Amend Group, Inc. |
2(e)(1) |
Refusal Affirmed |
|
"MAJOR LEAGUE BOWLING" [bowling equipment, namely, bowling pins, bowling ball returns, bowling balls, bowling ball covers, bowling pinsetters and parts therefor, bowling bags, bowling deflectors, bowling gloves, bowling pin mats, and masking units to hide the pin spotters from the bowler’s view] |
|
No |
| 11-4 |
EX |
79017559 |
Irmãos Vila Nova, S.A. |
2(d) |
Refusal Affirmed |
|
"SALSA" [clothing, namely, pants, shorts, three quarter length pants, Chino pants, pirate Bermuda shorts, training-suits, shirts, tops, tunics, overshirts, bodice/corselets, jackets, blazers, parkas, corset/waistcoats, skirt and dress, undershirt/vest, knitwear, namely, knitted coats, sweaters, bonnets, gloves, berets, and scarves, polos, singlets, sweat shirts, t-shirts, tunics, coats, raincoats, underwear, singlet underwear, swimsuits, clothing accessories, namely, belts, socks, gloves, scarves, and ties; headgear, namely, hats, caps and baseball caps] |
"SALSA" [clothing, namely, bicycling shorts, shirts, t-shirts, headbands, pants, and caps] |
No |
| 11-4 |
EX
(R) |
77068855 |
Wente Bros. |
2(d) |
Request for Reconsideration Denied (Refusal Affirmed) |
|
"SUMMERSET" [wine] |
"SOMERSET" [wine] |
No |
| 11-5 |
OPP |
91175652 |
ACI International v. Ned W. Branthover |
2(d) |
Opposition Sustained |
"DENALI" [footwear] |
"DENALI" [footwear] |
|
No |
| 11-7 |
EX |
76516353 |
Internet Auto Rent & Sales |
2(e)(1); whether, if not generic, applicant’s mark has acquired distinctiveness and is registrable under Section 2(f) on the Principal Register; genericness (whether applicant’s mark is registrable on the Supplemental Register) |
Refusal Affirmed under Section 2(e)(1) and for lack of acquired distinctiveness that would permit registration under Section 2(f); but mark found not generic and registrable on the Supplemental Register |
|
"INTERNET AUTO RENT & SALES" [in Class 35: retail store services featuring new and used vehicles; in Class 39: leasing and rental of new and used vehicles] |
|
No |
| 11-7 |
EX |
77357357 |
flexSCAN, Inc. |
2(d) |
Refusal Affirmed |
|
"APERTURE HEALTH" [providing health care services, namely, wellness programs; providing personal medical information to individuals and organizations] |
"APERTURE" [computerized health care provider data management and health care provider information management in the fields of health care and insurance; physician credential verification services] |
No |
| 11-7 |
EX |
79032493 |
Bodegas Portia, S.L. |
2(d) |
Refusal Reversed |
|
"PORTIA SUMMA" (and design) [wines] |
"SUMMA VINEYARD" [wine] |
No |
| 11-7 |
EX |
76650341 |
3-D Belt Company, LP |
2(d) |
Refusal Reversed in both classes |
|
"BADGER" (and design) [in Class 18: wallets; in Class 25: belts] |
"BADGER SPORT" (and design incorporating a stylized letter "B") [clothing, namely, cotton jersey shorts, cotton jersey shirts, mesh shirts, mesh shorts, fleece shirts, fleece pants, fleece shorts, nylon shirts, nylon pants] |
No |
(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to Dismiss; (MR)=Motion to Reopen; (R)=Request for Reconsideration (2) *=Opinion Writer; (D)=Dissenting Panel Member
| Mailing and Hand Carry Addresses for Mail to the United States Patent and Trademark Office |
MAILING AND HAND CARRY ADDRESSES FOR
MAIL TO THE UNITED STATES PATENT AND TRADEMARK OFFICE
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR PATENTS
For most correspondence (e.g., new patent applications) no mail stop
is required because the processing of the correspondence is routine.
If NO mail stop is included on the list below, no mail stop is required
for the correspondence. See the listing under "Special Mail Stops
Applicable To Both Patent And Trademark Mail" for additional mail stops
for patent-related correspondence. Only the specified type of document
should be placed in an envelope addressed to one of these special mail
stops. If any documents other than the specified type identified for each
special mail stop are addressed to that mail stop, they will be
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Some correspondence may be submitted electronically. See the Office's
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Please address mail to be delivered by the United States Postal Service
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Instead of filing a disclosure document, inventors
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Mail Stop Issue Fee All communications following the receipt of a
PTOL-85, "Notice of Allowance and Fee(s)
Due," and prior to the issuance of a patent
should be addressed to Mail Stop Issue Fee,
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(with cover sheets) should be faxed to
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as shown below.
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for which expedited handling is requested, and
petitions for retroactive license under 37 CFR
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Technology Center 3600, Office of the Director
Room 4B41
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Mail Stop Patent Ext. Applications for patent term extension or
adjustment under 35 U.S.C. 154 and any
communications relating thereto. This mail stop
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under 35 U.S.C. 154 for applications filed
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term adjustment (PTA) under 35 U.S.C. 154 for
applications filed on or after May 29, 2000.
For applications for patent term extension under
35 U.S.C. 156, use Mail Stop Hatch-Waxman PTE.
For applications for patent term extension or
adjustment under 35 U.S.C. 154 that are mailed
together with the payment of the issue fee, use
Mail Stop Issue Fee.
Mail Stop Patent Submission of comments regarding search templates.
Search Template
Comments
Mail Stop PCT Mail related to international applications filed
under the Patent Cooperation Treaty in the
international phase and in the national phase
under 35 U.S.C. 371 prior to mailing of a
Notification of Acceptance of Application Under
35 U.S.C. 371 and 37 CFR 1.495 (Form
PCT/DO/EO/903).
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requests for early publication made after filing,
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patent application publication, refund of
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Mail Stop Post In patented files: requests for changes of
Issue correspondence address, powers of attorney,
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Designation of, or changes to, a fee address
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Requests for Certificate of Correction need no
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Mail Stop Correspondence pertaining to the reconstruction
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Mail Stop Ex Parte Requests for Reexamination for original request
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1.302(c)).
Mail Stop Reissue All new and continuing reissue application filings.
Mail Stop Sequence Submission of the computer readable form (CRF) for
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Please address trademark-related mail to be delivered by the United
States Postal Service (USPS), except documents sent to the Assignment
Services Division for recordation, requests for copies of trademark
documents, and documents directed to the Madrid Processing Unit, as
follows:
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P.O. Box 1451
Alexandria, VA 22313-1451
Mail to be delivered by the USPS to the Office's Madrid Processing Unit,
must be mailed to:
Madrid Processing Unit
600 Delaney Street
MDE-7B87
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Mail to be delivered by the USPS to the Office's Trademark Administrator
regarding Letters of Protest must be mailed to:
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ATTN: Trademark Administrator
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MDE-4B89
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Mail to be delivered by the USPS to the Director regarding the Fastener
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Director, USPTO
ATTN: FQA
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Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:
Natvie American Tribal Insignia
ATTN: Commissioner for Trademarks
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Alexandria, VA 22314-5793
Trademark-related mail to be delivered by other delivery services
(Federal Express (Fed Ex), UPS, DHL, Laser, Action, Purolater, etc.),
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Trademark Assistance Center
Madison East, Concourse Level Room C 55
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Please address mail to be directed to a mail stop identified below to
be delivered by the United States Postal Service (USPS) as follows (unless
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Mail Stop
Designations Explanation
Mail Stop 3 Mail for the Office of Personnel from NFC.
Mail Stop 6 Mail for the Office of Procurement.
Mail Stop 8 All papers for the Office of the Solicitor except
communications relating to pending litigation and
disciplinary proceedings; papers relating to
pending litigation in court cases shall be mailed
only to Office of the Solicitor, P.O. Box 15667,
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disciplinary proceedings before the Administrative
Law Judge or the Director shall be mailed only to
the Office of the Solicitor, P.O. Box 16116,
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Mail Stop 11 Mail for the Electronic Ordering Service (EOS).
Mail Stop 13 Mail for the Employee and Labor Relations Division.
Mail Stop 16 Mail related to refund requests, other than
requests for refund of a patent application
publication fee. Such requests should be directed
to Mail Stop PGPub.
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Mail Stop 24 Mail for the Inventor's Assistance Program,
including complaints about Invention Promoters.
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Recordation Services and other documents to be recorded in the
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are processed much more quickly than those
submitted by mail.
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Congressional
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Services copies of patent or trademark documents.
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Enforcement
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applications and patents involved in interference.
Mail Stop Mail for the Office of International Relations.
International
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Mail Stop M Mail to designate or change a fee
Correspondence address, or other correspondence related to
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the address for maintenance fee payments.
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Maintenance Fee Payments
Unless submitted electronically over the Internet at www.uspto.gov,
payments of maintenance fees in patents should be mailed through the
United States Postal Service to:
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P.O. Box 979070
St. Louis, MO 63197-9000
Alternatively, payment of maintenance fees in patents (Attn:
Maintenance Fee) using hand-delivery and delivery by private courier
(e.g., FedEx, UPS, etc.) may be delivered to:
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Attn: Maintenance Fee
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Deposit Account Replenishments
To send payment to replenish deposit accounts, send the payments
through the United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979065
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Alternatively, deposit account replenishments (Attn: Deposit Accounts)
using hand-delivery and delivery by private courier (e.g., FedEx, UPS,
etc.) may be delivered to:
Director of the United States Patent and Trademark Office
Attn: Deposit Accounts
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314
Top of Notices
| Reference Collections of U.S. Patents Available for Public Use in Patent Depository Libraries |
Reference Collections of U.S. Patents and Trademarks
Available for Public Use in Patent and Trademark Depository Libraries
The following libraries, designated as Patent and Trademark Depository
Libraries (PTDLs), provide public access to patent and trademark
information received from the United States Patent and Trademark Office
(USPTO). This information includes all issued patents, all registered
trademarks, the Official Gazette of the U.S. Patent and Trademark Office,
search tools such as the Cassis CD-ROM suite of products and supplemental
information in a variety of formats including online, optical disc,
microfilm and paper. Each PTDL also offers access to USPTO resources on
the Internet and to PubWEST (Web based examiner search tool), a system
used by patent examiners that is not available on the Internet.
Staff assistance and training is provided in the use of this information.
All information is available free of charge. However, there may be charges
associated with the use of photocopying and related services. Hours of
service to the public vary, and anyone contemplating use of these
collections at a particular library is urged to contact that library in
advance about its services and hours to avoid inconvenience.
State Name of Library Telephone Contact
Alabama Auburn University Libraries (334) 844-1737
Birmingham Public Library (205) 226-3620
Alaska Anchorage: Z. J. Loussac Public
Library (907) 562-7323
Arkansas Little Rock: Arkansas State
Library (501) 682-2053
California Los Angeles Public Library (213) 228-7220
Riverside: University of
California, Riverside Libraries (951) 827-3226
Sacramento: California State
Library (916) 654-0069
San Diego Public Library (619) 236-5813
San Francisco Public Library (415) 557-4500
Sunnyvale Public Library (408) 730-7300
Colorado Denver Public Library (720) 865-1711
Delaware Newark: University of Delaware
Library (302) 831-2965
Dist. of Columbia Washington: Howard University
Libraries (202) 806-7252
Florida Fort Lauderdale: Broward County
Main Library (954) 357-7444
Miami-Dade Public Library (305) 375-2665
Orlando: University of Central
Florida Libraries (407) 823-2562
Georgia Atlanta: Price Gilbert Memorial
Library, Georgia Institute
of Technology (404) 894-1395
Hawaii Honolulu: Hawaii State Public
Library System (808) 586-3477
Idaho Moscow: University of Idaho Library (208) 885-6235
Illinois Chicago Public Library (312) 747-4450
Springfield: Illinois State Library (217) 782-5659
Indiana Indianapolis-Marion County Public
Library (317) 269-1741
West Lafayette Siegesmund
Engineering Library,
Purdue University (765) 494-2872
Iowa Des Moines: State Library of Iowa (515) 242-6541
Kansas Wichita: Ablah Library, Wichita
State University 1 (800) 572-8368
Kentucky Louisville Free Public Library (502) 574-1611
Louisiana Baton Rouge: Troy H. Middleton
Library, Louisiana State University (225) 388-8875
Maine Orono: Raymond H. Fogler Library,
University of Maine (207) 581-1678
Maryland Baltimore: University of Baltimore
Law Library (410) 837-4554
College Park: Engineering and
Physical Sciences Library,
University of Maryland (301) 405-9157
Massachusetts Amherst: Physical Sciences Library,
University of Massachusetts (413) 545-2765
Boston Public Library (617) 536-5400
Ext. 4256
Michigan Ann Arbor: Media Union Library,
University of Michigan (734) 647-5735
Big Rapids: Abigail S. Timme
Library, Ferris State University (231) 592-3602
Detroit: Public Library (313) 833-1450
Minnesota Minneapolis Public Library and
Information Center (612) 630-6000
Mississippi Jackson: Mississippi Library
Commission (601) 961-4111
Missouri Kansas City: Linda Hall Library (816) 363-4600
Ext. 724
St. Louis Public Library (314) 241-2288
Ext. 390
Montana Butte: Montana College of Mineral
Science and Technology Library (406) 496-4281
Nebraska Lincoln: Engineering Library,
University of Nebraska-Lincoln (402) 472-3411
Nevada Las Vegas--Clark County Library
District (702) 507-3421
Reno: University of Nevada, Reno
Library (775) 784-6500
Ext. 257
New Jersey Newark Public Library (973) 733-7779
Piscataway: Library of Science and
Medicine, Rutgers University (732) 445-2895
New Mexico Albuquerque: University of
New Mexico General Library (505) 277-4412
New York Albany: New York State Library (518) 474-5355
Buffalo and Erie County Public
Library (716) 858-7101
Rochester Public Library (716) 428-8110
New York Library
(The Research Libraries) (212) 592-7000
Stony Brook: Engineering Library,
State University of New York (631) 632-7148
North Carolina Charlotte (704) 687-2241
Raleigh: D.H. Hill Library, North
Carolina State University (919) 515-2935
North Dakota Grand Forks: Chester Fritz Library,
University of North Dakota (701) 777-4888
Ohio Akron - Summit County Public (330) 643-9075
Library
Cincinnati and Hamilton County,
Public Library of (513) 369-6932
Cleveland Public Library (216) 623-2870
Dayton: Paul Laurence Dunbar
Library, Wright State
University (937) 775-3521
Toledo/Lucas County Public Library (419) 259-5209
Oklahoma Stillwater: Oklahoma State
University
Edmon Low Library (405) 744-6546
Oregon Portland: Paul L. Boley Law Library,
Lewis & Clark College (503) 768-6786
Pennsylvania Philadelphia, The Free Library of (215) 686-5331
Pittsburgh, Carnegie Library of (412) 622-3138
University Park: Pattee Library,
Pennsylvania State University (814) 865-7617
Puerto Rico Mayaquez General Library,
University of Puerto Rico (787) 993-0000
Ext. 3244
Bayamon, Learning Resources Center,
University of Puerto Rico (787) 786-5225
Rhode Island Providence Public Library (401) 455-8027
South Carolina Clemson University Libraries (864) 656-3024
South Dakota Rapid City: Devereaux Library,
South Dakota School of Mines and
Technology (605) 394-1275
Tennessee Nashville: Stevenson Science
Library, Vanderbilt University (615) 322-2717
Texas Austin: McKinney Engineering
Library, University of Texas at
Austin (512) 495-4500
College Station: West Campus
Library, Texas A & M University (979) 845-2111
Dallas Public Library (214) 670-1468
Houston: The Fondren Library, Rice
University (713) 348-5483
Lubbock: Texas Tech University (806) 742-2282
San Antonio Public Library (210) 207-2500
Utah Salt Lake City: Marriott Library,
University of Utah (801) 581-8394
Vermont Burlington: Bailey/Howe Library,
University of Vermont (802) 656-2542
Virginia Richmond: James Branch Cabell
Library, Virginia Commonwealth
University (804) 828-1101
Washington Seattle: Engineering Library,
University of Washington (206) 543-0740
West Virginia Morgantown: Evansdale Library,
West Virginia University (304) 293-4695
Ext. 5113
Wisconsin Madison: Kurt F. Wendt Library,
University of Wisconsin Madison (608) 262-6845
Milwaukee Public Library (414) 286-3051
Wyoming Cheyenne: Wyoming State Library (307) 777-7281
Top of Notices
| Patent Technology Centers |
PATENT TECHNOLOGY CENTERS
JON W. DUDAS, Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
MARGARET J. A. PETERLIN, Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director of the
United States Patent and Trademark Office
JOHN DOLL, Commissioner for Patents
PEGGY FOCARINO, Deputy Commissioner for Patent Operations
JOHN LOVE, Deputy Commissioner for Patent Examination Policy
AVERAGE
FILING DATE OF
APPLICATIONS
RECEIVING A
FIRST OFFICE
CUSTOMER SERVICE ACTION IN THE
TELEPHONE and FAX LAST 3
TECHNOLOGY CENTERS NUMBERS MONTHS*
1600 BIOTECHNOLOGY, AND ORGANIC
CHEMISTRY
1610 Pharmaceutical formulations, 03/01/05
method of treatment using
bio-affecting agents, drug
delivery systems, steroids,
herbicidal and pesticidal
compositions, and cosmetics
1620 Organic chemistry 571-272-0700 11/23/05
FAX 571-273-8300
1630 Molecular biology, 571-272-0600 08/01/06
bioinformatics, nucleic FAX 571-273-8300
acids, recombinant DNA
and RNA, Gene regulation,
gene therapy, nucleic acid
amplification, transgenic
animals and recombinant
plants, combinatorial/
computational chemistry.
1640 Immunology, receptor/ligands, 571-272-0600 09/20/06
cytokines, recombinant FAX 571-273-8300
hormones, engineered
antibodies, cancer immunology,
and molecular biology thereof,
Neurobiology; cellular/
bacterial/viral/parasitic
immunology; specific binding
assays, immunoassays and
apparatus.
1650 Fermentation, microbiology, 571-272-0500 08/11/06
plant and animal extracts, FAX 571-273-8300
peptides, isolated and/or
recombinant proteins and
enzymes, protein
crystallography, and enzyme
assays
1660 Plants 571-272-0700 12/20/06
FAX 571-273-8300
1700/ CHEMICAL AND MATERIALS ENGINEERING, AND DESIGNS
2900
1791 Tires, adhesive bonding, glass/ 571-272-1700 02/01/05
paper making, plastics shaping FAX 571-273-8300
and molding
1792 Coating, etching, cleaning, 571-272-1700 05/15/05
bonding and single crystal FAX 571-273-8300
growth
1793 Metallurgy, metal working, 571-272-1700 11/01/05
inorganic chemistry, catalysts, FAX 571-273-8300
electrolysis and gaseous/
plastic/ceramic compositions
1794 Food, stock materials and 571-272-1700 06/15/05
miscellaneous articles FAX 571-273-8300
1795 Fuel cells, batteries, solar 571-272-1700 01/01/05
cells, electrochemistry and FAX 571-273-8300
photolithography
1796 Organic chemistry and polymers 571-272-1700 10/15/05
FAX 571-273-8300
1797 Separation, purification, 571-272-1700 02/01/05
chemical apparatus and FAX 571-273-8300
petroleum technology
2100 COMPUTER ARCHITECTURE SOFTWARE AND
INFORMATION SECURITY
2110 Computer architecture 571-272-0900 04/23/06
FAX 571-273-8300
2120 Miscellaneous computer 571-272-1400 05/20/06
applications FAX 571-273-8300
2130 Cryptography, security 571-272-7220 06/21/05
FAX 571-273-8300
2140/ Computer networks 571-272-0800 07/03/05
2150 FAX 571-273-8300
2160/ Database and file management/ 571-272-7220 07/01/06
2170 Graphical user interface FAX 571-273-8300
2180 Computer architecture 571-272-0900 08/30/06
FAX 571-273-8300
2190 Interprocess communications 571-272-1400 07/12/05
and software development FAX 571-273-8300
2600 COMMUNICATIONS
2610 Digital Communications, General 571-272-2600 11/02/05
Communications, Optical FAX 571-273-8300
Communications, Telephony,
Audio, Multiplex
Communications, Cellular
Telephony, Radio and Satellite
Communications
2620 Television and TV Recording, 571-272-2600 08/23/05
Video Distribution, Image FAX 571-273-8300
Analysis, (Fax, Printing,
Printing Network, Scanners),
Speech, (Fax, Disk Drive),
Computer Graphics, Display
Systems
2800 SEMICONDUCTORS, ELECTRICAL AND OPTICAL SYSTEMS AND COMPONENTS
2811- Semiconductors and 571-272-1650 10/01/06
2815, Semiconductor Manufacturing FAX 571-273-8300
2818,
2822,
2823,
2825,
2826,
2829,
2891-
2895
2816, Electronic circuits, static 571-272-1850 11/10/06
2817, memory, lasers, electronic FAX 571-273-8300
2819, components, control circuits,
2821, power supplies measuring and
2824, testing
2827,
2828,
2836-
2838,
2855-
2857,
2862,
2863
2831- Electronic conductors, 571-272-1850 12/01/06
2835, elements and connectors, FAX 571-273-8300
2839, motor structure, electronic
2841, housings, circuit boards,
2851- photocopiers, recorders,
2854, printers, general
2861 illumination
2875,
2885
2871- Liquid crystals, optical 571-272-1550 10/07/06
2874, elements, optical systems, FAX 571-273-8300
2876- fiber optics, electric
2879, lamps, registers, optics
2881- measuring, radiant energy
2884,
2886,
2887,
2889
3600 TRANSPORTATION, ELECTRONIC COMMERCE, CONSTRUCTION, AGRICULTURE,
LICENSING AND REVIEW
3610 Surface transportation 571-272-5250 04/25/06
FAX 571-273-8300
3620 Electronic Commerce 571-272-5350 05/06/05
FAX 571-273-8300
3630 Static structures, 571-272-5350 03/14/06
supports and furniture FAX 571-273-8300
3640 Aeronautics, 571-272-5150 11/23/05
agriculture, fishing, FAX 571-273-8300
trapping, vermin destroying,
plant and animal husbandry,
weaponry, nuclear systems
and licensing & review
3650 Material handling and 571-272-5250 04/18/06
article handling FAX 571-273-8300
3660 Computerized vehicle 571-272-5150 11/16/06
controls and navigation, FAX 571-273-8300
radio wave, optical and
acoustic wave communication,
Robotics, and Nuclear Systems
3670 Wells, earth boring/ 571-272-5150 07/06/06
moving/working, FAX 571-273-8300
excavating, mining,
harvesters, bridges,
roads, petroleum,
closures, connections,
and hardware
3680-A Machine elements 571-272-5250 07/06/06
and power transmissions FAX 571-273-8300
3680-B Business Methods 571-272-5350 03/21/05
FAX 571-273-8300
3680-A Business Methods - Finance 571-272-5350 11/30/05
FAX 571-273-8300
3700 MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS
3710 Amusement and 571-272-3750 11/01/06
education devices, FAX 571-273-8300
packages and containers
3720 Manufacturing devices 571-272-4050 01/15/07
and processes, machine FAX 571-273-8300
tools and hand tools
3730 Medical instruments, 571-272-2975 10/15/06
diagnostic equipment, FAX 571-273-8300
treatment devices,
surgery, surgical
supplies
3740 Thermal and combustion 571-272-3750 10/01/06
technology, motive and FAX 571-273-8300
fluid power systems
3750 Fluid handling and 571-272-3750 09/01/06
dispensing, and Textile FAX 571-273-8300
Manufacturing and
Apparel
3760 Body treatment, 571-272-2975 12/15/06
kinestherapy, and FAX 571-273-8300
exercising
3770 Respirators, Therapeutic 571-272-2975 12/01/06
Support, Splints, Braces, FAX 571-273-8300
Bandages and Birth Control
Devices
3780 Package and Article Carriers, 571-272-2975 06/30/06
Envelopes, Purses, Wallets, FAX 571-273-8300
Receptacles, Bottles and Jars
* The information provided above reflects an average for the workgroup.
If you need more specific information about an individual application,
please call the appropriate customer service office above.
TECHNOLOGY CENTERS DIRECTOR
1600 BIOTECHNOLOGY AND ORGANIC CHEMISTRY
1610 Pharmaceutical formulations, method George C. Elliott
of treatment using bio-affecting
agents, drug delivery systems,
steroids, herbicidal and pesticidal
compositions, and cosmetics
1620 Organic chemistry Irem Yucel
1630 Molecular biology, bioinformatics, George C. Elliott
nucleic acids per se, nucleic acid
methodologies, SNPs & haplotypes,
recombinant DNA and RNA, gene
regulation, gene therapy, nucleic
acid amplification, nucleic acid
based diagnostic assays, nucleic
acid inhibitors, transgenic animals
and recombinant plants, combinatorial/
computational chemistry.
1640 Immunology, receptor/ligands, John L. LeGuyader
cytokines, recombinant hormones,
engineered antibodies, cancer
immunology, and molecular biology
thereof, Neurobiology; cellular/
bacterial/viral/parasitic immunology;
specific binding assays, immunoassays
and apparatus.
1650 Fermentation, microbiology, plant and Irem Yucel
animal extracts, peptides, isolated
and/or recombinant proteins and
enzymes, protein crystallography,
and enzyme assays
1660 Plants George C. Elliott
1700/ CHEMICAL AND MATERIALS ENGINEERING
2900 AND DESIGNS
1791 Tires, adhesive bonding, glass/paper Gary G. Jones
making, plastics shaping and molding
1792 Coating, etching, cleaning, bonding Marian C. Knode
and single crystal growth
1793 Metallurgy, metal working, inorganic Jacqueline M. Stone
chemistry, catalysts, electrolysis and
gaseous/plastic/ceramic compositions
1794 Food, stock materials and miscellaneous Marian C. Knode
articles
1795 Fuel cells, batteries, solar cells, Jacqueline M. Stone
electrochemistry and photolithography
1796 Organic chemistry and polymers Gary G. Jones
1797 Separation, purification, chemical Gary G. Jones
apparatus and petroleum technology
2100 COMPUTER ARCHITECTURE SOFTWARE AND
INFORMATION SECURITY
2110 Computer architecture Jack B. Harvey
2120 Miscellaneous computer applications Wendy Garber
2130 Cryptography, security Andrew Hirshfeld
2140 Computer networks Andrew Hirshfeld
2150 Computer networks Andrew Hirshfeld
2160 Database and file management Jack B. Harvey
2170 Graphical user interface Wendy Garber
2180 Computer architecture Jack B. Harvey
2190 Interprocess communications and Wendy Garber
software development
2600 COMMUNICATIONS
2611 Digital communications Valencia Martin-Wallace
2612 General communications Mark R. Powell
2613 Optical communications Valencia Martin-Wallace
2614 Telephony Mark R. Powell
2615 Audio Mark R. Powell
2616/ Multiplex communications Valencia Martin-Wallace
2619
2617 Cellular telephony Wanda Walker
2618 Radio and Satellite Communications Mark R. Powell
2621 Television and TV Recording Wanda Walker
2622 Cameras Wanda Walker
2623 Video distribution Wanda Walker
2624 Image analysis Mark R. Powell
2625 Fax, printing, printing network, Wanda Walker
scanners
2626 Speech Mark R. Powell
2627 Disc drives Mark R. Powell
2628 Computer graphics Valencia Martin-Wallace
2629 Display systems Valencia Martin-Wallace
2800 SEMICONDUCTORS, ELECTRICAL AND OPTICAL SYSTEMS AND COMPONENTS
2811- Semiconductors and Semiconductor Richard K. Seidel
2815, Manufacturing
2818,
2822,
2823,
2825,
2826,
2829,
2891-
2895
2816, Electronic circuits, static memory, Janice A. Falcone
2817, lasers, electronic components, control
circuits,power
2819, supplies, measuring and testing
2821,
2824,
2827,
2828,
2836-
2838,
2855-
2857,
2862,
2863
2831- Electronic conductors, elements and Sharon A. Gibson
2835, connectors, motor structure, electronic
2839, housings, circuit boards, photocopiers,
2841, recorders, printers, general
2851- illumination
2854,
2861,
2875,
2885
2871- Liquid crystals, optical elements, Sharon A. Gibson
2874, optical systems, fiber optics, electric
2876- lamps, registers, optics measuring,
2879, radiant energy
2881-
2884,
2886,
2887,
2889
3600 TRANSPORTATION, ELECTRONIC COMMERCE, CONSTRUCTION, AGRICULTURE,
LICENSING AND REVIEW
3610 Surface transportation Katherine Matecki
3620 Electronic commerce Wynn W. Coggins
3630 Static structures, supports and Wynn W. Coggins
furniture
3640 Aeronautics, agriculture, fishing, Donald T. Hajec
trapping, vermin destroying, plant
and animal husbandry, weaponry,
nuclear systems and licensing
& review
3650 Material and article handling Katherine Matecki
3660 Computerized vehicle controls and Donald T. Hajec
navigation, radio wave, optical and
acoustic wave communication, Robotics,
and Nuclear Systems
3670 Wells, earth boring/moving/working, Donald T. Hajec
excavating, mining, harvesters,
bridges, roads, petroleum, closures,
connections, and hardware
3680A Machine elements and power Katherine Matecki
transmissions
3680B Business Methods Wynn W. Coggins
3690 Business Methods - Finance Wynn W. Coggins
3700 MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS
3710, Amusement and education devices, Karen M. Young
3721, packages and containers
3727,
and
3728
3720 Packages and containers; Frederick R. Schmidt
3720 Manufacturing devices and processes, Frederick R. Schmidt
machine tools and hand tools
3730 Medical instruments, diagnostic Frederick R. Schmidt
equipment, treatment devices, surgery,
surgical supplies
3740 Thermal and combustion technology, Karen M. Young
motive and fluid power systems
3750 Fluid handling and dispensing Karen M. Young
3760 Body treatment, kinestherapy, Frederick R. Schmidt
exercising, textile manufacturing
and apparel
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Top of Notices December 9, 2008