| CREATE Act, Examination Instructions and Guidelines |
Referenced Items (171, 172, 173, 174, 175, 176, 177, 178, 179, 180, 181, 182, 183) |
(171) DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2009-0037]
Additional Period for Comments on Interim Examination Instructions
for Evaluating Patent Subject Matter Eligibility
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Request for comments; additional comment period.
SUMMARY: The United States Patent and Trademark Office (USPTO) has prepared
interim examination instructions for evaluating patent subject matter
eligibility under 35 U.S.C. 101 (Interim Patent Subject Matter Eligibility
Examination Instructions) pending a decision by the U.S. Supreme Court in
Bilski v. Kappos, and invited the public to submit written comments on the
Interim Patent Subject Matter Eligibility Examination Instructions. The
USPTO is extending the comment period to ensure that members of the public
have sufficient opportunity to submit comments on the Interim Patent
Subject Matter Eligibility Examination Instructions. The USPTO will revise
the instructions as appropriate based on comments received.
Comment Deadline Date: Written comments must be received on or before
November 9, 2009. No public hearing will be held.
ADDRESSES: Comments should be sent by electronic mail message over the
Internet addressed to AB98.Comments@uspto.gov. Comments may also be
submitted by facsimile to (571) 273-0125, marked to the attention of
Caroline D. Dennison. Although comments may be submitted by mail or
facsimile, the USPTO prefers to receive comments via the Internet.
The comments will be available for public inspection at the Office of
the Commissioner for Patents, located in Madison East, Tenth Floor, 600
Dulany Street, Alexandria, Virginia, and will be available via the Office
Internet Web site (address: http://frwebgate.access.gpo.gov/cgi-bin/
leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.uspto.gov).
Because comments will be made available for public inspection, information
that is not desired to be made public, such as an address or phone number,
should not be included in the comments.
FOR FURTHER INFORMATION CONTACT: Caroline D. Dennison, Office of the Deputy
Commissioner for Patent Examination Policy, by telephone at 571-272-7729,
or by facsimile transmission to 571-273-0125, marked to the attention of
Caroline D. Dennison.
SUPPLEMENTARY INFORMATION: The USPTO posted the Interim Patent Subject
Matter Eligibility Examination Instructions on its Internet Web site
(address: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=
leavingFR.html&log=linklog&to=http://www.uspto.gov) on August 27, 2009. The
notice published on the USPTO's Internet Web site invited public comment on
the Interim Patent Subject Matter Eligibility Examination Instructions and
indicated that comments must be received on or before September 28, 2009,
to be ensured of consideration. The USPTO subsequently published a notice
in the Federal Register confirming that the USPTO was inviting public
comment on the Interim Patent Subject Matter Eligibility Examination
Instructions and that comments must be received on or before September 28,
2009, to be ensured of consideration. See Request for Comments on Interim
Examination Instructions for Evaluating Patent Subject Matter Eligibility,
74 FR 47780 (September 17, 2009) (notice). The USPTO is extending the
comment period because the USPTO desires the benefit of public comment on
the instructions and wants to ensure that members of the public have
sufficient opportunity to submit comments on the Interim Patent Subject
Matter Eligibility Examination Instructions. Comments that have already
been received are under consideration and the USPTO will revise the
instructions as appropriate based on comments received.
October 5, 2009 DAVID J. KAPPOS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
[1348 OG 42]
Top of Notices (171) December 29, 2009