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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 1369 O.G. 5, on August 2, 2011.
For information on subject matter under Rule 39 that a particular
International Searching Authority will not search, see Annex D of the PCT
Applicants' Guide.
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 March 1, 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 November 26, 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 March 1, 2002, and where the application
contains one or more claims directed to the field of business methods.
The search fee of the European Patent Office was decreased, effective
January 1, 2012, and was announced in the Official Gazette at 1373 O.G.
177, on December 27, 2011.
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,
effective January 1, 2012, and was announced in the Official Gazette at
1373 O.G. 177, on December 27, 2011.
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
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 111 |
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, as indicated in Annex A to the agreement between the
USPTO and IP Australia. See the notice appearing in the Official Gazette
at 1337 O.G. 261 on December 23, 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 1337 O.G. 265 on December 23, 2008.
The search fee of IP Australia was increased, effective January 1, 2012,
and was announced in the Official Gazette at 1373 O.G. 177, on December 27,
2011.
Fees
The transmittal fee for the USPTO was changed to include a basic portion
and a non-electronic filing fee portion, effective November 15, 2011, and
was announced in the Federal Register on November 15, 2011. Search fees for
the USPTO were changed, effective January 12, 2009, and were announced in
the Federal Register on November 12, 2008. 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 January 1, 2012,
and were announced in the Official Gazette at 1373 O.G. 177, on December
27, 2011.
The schedule of PCT fees (in U.S. dollars), as of January 1, 2012, is as
follows:
International Application (PCT Chapter I) fees:
Transmittal fee
Basic Portion $240.00
Non-electronic filing fee portion for international
applications (other than plant applications) filed
on or after 15 November 2011 other than by the
Office electronic filing system (other than a
small entity) $400.00
Non-electronic filing fee portion for international
applications (other than plant applications) filed
on or after 15 November 2011 other than by the
Office electronic filing system (small entity) $200.00
Search fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- Search fee $2,080.00
- Supplemental search fee, per additional
invention (payable only upon invitation) $2,080.00
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 112 |
European Patent Office as ISA $2,370.00
Korean Intellectual Property Office as ISA
- for international applications filed in English $1,101.00
IP Australia as ISA $1,833.00
International fees
International filing fee $1,453.00
International filing fee-filed in paper
with PCT EASY zip file or
electronically without PCT EASY zip file $1,344.00
International filing fee-filed
electronically with PCT EASY zip files $1,494.00
Supplemental fee for each page over 30 $1,234.00
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 $219.00
Handling fee-90% reduction, if applicants meet criteria
specified at:
http://www.wipo.int/pct/en/fees/fee_reduction.pdf $21.90
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).
January 9, 2012 ANDREW H. HIRSHFELD
Associate Commissioner for
Patent Examination Policy
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 February 10, 2009
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 7,487,553 through 7,490,357
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on February 8, 2005
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 6,851,122 through 6,854,127
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on February 6, 2001
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 6,182,288 through 6,185,737
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 January 4, 2012
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,009,555 08/882,051 01/04/00
6,009,559 09/127,162 01/04/00
6,009,561 09/140,615 01/04/00
6,009,562 09/140,617 01/04/00
6,009,565 08/744,713 01/04/00
6,009,570 09/152,175 01/04/00
6,009,573 09/002,162 01/04/00
6,009,581 09/082,677 01/04/00
6,009,583 08/966,884 01/04/00
6,009,584 08/979,136 01/04/00
6,009,585 09/158,655 01/04/00
6,009,600 09/100,301 01/04/00
6,009,604 09/189,363 01/04/00
6,009,607 09/116,655 01/04/00
6,009,653 09/334,234 01/04/00
6,009,657 08/913,344 01/04/00
6,009,664 08/948,198 01/04/00
6,009,666 09/050,036 01/04/00
6,009,668 08/744,342 01/04/00
6,009,671 08/953,298 01/04/00
6,009,679 08/765,892 01/04/00
6,009,680 08/837,648 01/04/00
6,009,681 09/071,844 01/04/00
6,009,682 09/109,659 01/04/00
6,009,696 08/940,434 01/04/00
6,009,699 08/987,400 01/04/00
6,009,707 09/010,036 01/04/00
6,009,708 09/077,833 01/04/00
6,009,716 08/971,363 01/04/00
6,009,717 09/140,489 01/04/00
6,009,718 09/121,867 01/04/00
6,009,720 09/107,278 01/04/00
6,009,722 09/196,931 01/04/00
6,009,728 08/855,830 01/04/00
6,009,734 08/975,364 01/04/00
6,009,737 08/896,030 01/04/00
6,009,740 09/029,030 01/04/00
6,009,753 09/203,946 01/04/00
6,009,764 09/069,952 01/04/00
6,009,765 09/056,247 01/04/00
6,009,770 08/969,353 01/04/00
6,009,773 08/822,880 01/04/00
6,009,783 08/894,128 01/04/00
6,009,790 09/243,570 01/04/00
6,009,793 08/704,320 01/04/00
6,009,798 09/203,987 01/04/00
6,009,807 09/049,053 01/04/00
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
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6,009,808 08/384,847 01/04/00
6,009,809 08/989,539 01/04/00
6,009,810 09/111,518 01/04/00
6,009,814 09/233,662 01/04/00
6,009,815 08/379,793 01/04/00
6,009,816 08/388,573 01/04/00
6,009,820 09/052,540 01/04/00
6,009,832 08/952,227 01/04/00
6,009,839 09/149,497 01/04/00
6,009,845 09/192,178 01/04/00
6,009,851 08/800,388 01/04/00
6,009,856 09/085,550 01/04/00
6,009,859 08/986,957 01/04/00
6,009,872 09/243,076 01/04/00
6,009,875 08/325,987 01/04/00
6,009,876 08/858,967 01/04/00
6,009,880 09/215,807 01/04/00
6,009,885 09/245,502 01/04/00
6,009,889 09/222,252 01/04/00
6,009,893 09/199,802 01/04/00
6,009,897 09/124,432 01/04/00
6,009,911 09/011,391 01/04/00
6,009,915 09/170,958 01/04/00
6,009,917 09/117,545 01/04/00
6,009,922 09/089,850 01/04/00
6,009,927 09/132,212 01/04/00
6,009,935 08/855,951 01/04/00
6,009,939 08/806,665 01/04/00
6,009,950 09/035,168 01/04/00
6,009,954 09/026,997 01/04/00
6,009,958 08/919,780 01/04/00
6,009,970 08/358,976 01/04/00
6,009,978 08/945,421 01/04/00
6,009,980 08/842,562 01/04/00
6,009,985 08/799,065 01/04/00
6,009,986 08/948,399 01/04/00
6,009,988 09/153,302 01/04/00
6,009,989 09/067,514 01/04/00
6,009,993 08/784,428 01/04/00
6,010,001 08/975,792 01/04/00
6,010,004 09/145,350 01/04/00
6,010,009 08/913,259 01/04/00
6,010,021 08/809,587 01/04/00
6,010,023 09/031,139 01/04/00
6,010,025 09/180,449 01/04/00
6,010,027 08/974,388 01/04/00
6,010,029 09/200,756 01/04/00
6,010,033 09/098,404 01/04/00
6,010,043 09/046,257 01/04/00
6,010,044 09/256,327 01/04/00
6,010,045 08/971,391 01/04/00
6,010,049 08/916,850 01/04/00
6,010,050 09/301,586 01/04/00
6,010,052 09/051,158 01/04/00
6,010,057 08/807,077 01/04/00
6,010,063 08/959,851 01/04/00
6,010,066 08/921,612 01/04/00
6,010,075 08/981,639 01/04/00
6,010,077 08/973,792 01/04/00
6,010,078 08/904,445 01/04/00
6,010,089 09/151,472 01/04/00
6,010,093 09/300,941 01/04/00
6,010,094 09/290,347 01/04/00
6,010,105 09/103,779 01/04/00
6,010,110 09/128,813 01/04/00
6,010,116 08/970,354 01/04/00
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
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6,010,123 09/082,207 01/04/00
6,010,126 09/064,730 01/04/00
6,010,129 08/855,393 01/04/00
6,010,132 08/438,228 01/04/00
6,010,137 09/087,713 01/04/00
6,010,140 08/974,368 01/04/00
6,010,142 08/292,548 01/04/00
6,010,143 08/920,797 01/04/00
6,010,144 08/958,739 01/04/00
6,010,150 09/290,489 01/04/00
6,010,151 08/961,152 01/04/00
6,010,168 08/747,213 01/04/00
6,010,172 09/217,738 01/04/00
6,010,185 09/231,482 01/04/00
6,010,190 09/087,107 01/04/00
6,010,195 08/705,513 01/04/00
6,010,204 08/710,493 01/04/00
6,010,209 09/013,222 01/04/00
6,010,211 08/761,541 01/04/00
6,010,213 08/560,053 01/04/00
6,010,219 08/673,355 01/04/00
6,010,237 09/012,129 01/04/00
6,010,244 09/296,167 01/04/00
6,010,246 08/735,672 01/04/00
6,010,249 09/105,229 01/04/00
6,010,250 09/112,295 01/04/00
6,010,254 08/770,814 01/04/00
6,010,258 08/952,971 01/04/00
6,010,272 09/196,021 01/04/00
6,010,278 08/896,338 01/04/00
6,010,281 09/151,097 01/04/00
6,010,291 09/240,538 01/04/00
6,010,292 09/204,522 01/04/00
6,010,298 09/291,166 01/04/00
6,010,300 09/032,705 01/04/00
6,010,310 08/906,636 01/04/00
6,010,320 08/903,304 01/04/00
6,010,327 08/813,956 01/04/00
6,010,328 09/276,884 01/04/00
6,010,335 09/229,310 01/04/00
6,010,339 09/240,898 01/04/00
6,010,346 08/975,949 01/04/00
6,010,351 08/997,883 01/04/00
6,010,353 08/922,920 01/04/00
6,010,354 09/130,942 01/04/00
6,010,361 08/904,606 01/04/00
6,010,372 08/928,349 01/04/00
6,010,373 08/857,657 01/04/00
6,010,405 08/367,810 01/04/00
6,010,416 09/039,821 01/04/00
6,010,422 09/207,948 01/04/00
6,010,424 09/177,110 01/04/00
6,010,434 09/263,478 01/04/00
6,010,439 09/326,946 01/04/00
6,010,440 08/922,852 01/04/00
6,010,455 09/102,160 01/04/00
6,010,458 09/069,408 01/04/00
6,010,465 08/790,564 01/04/00
6,010,466 08/244,118 01/04/00
6,010,467 08/916,513 01/04/00
6,010,469 08/819,506 01/04/00
6,010,478 08/919,184 01/04/00
6,010,482 08/906,382 01/04/00
6,010,483 08/995,140 01/04/00
6,010,485 08/932,354 01/04/00
6,010,495 09/021,564 01/04/00
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 117 |
6,010,497 09/001,398 01/04/00
6,010,499 08/973,153 01/04/00
6,010,500 08/897,567 01/04/00
6,010,507 09/122,158 01/04/00
6,010,516 09/045,404 01/04/00
6,010,522 08/685,577 01/04/00
6,010,523 08/896,532 01/04/00
6,010,528 08/704,932 01/04/00
6,010,536 08/924,762 01/04/00
6,010,542 09/141,488 01/04/00
6,010,551 08/985,437 01/04/00
6,010,554 08/880,355 01/04/00
6,010,557 09/066,008 01/04/00
6,010,559 09/229,098 01/04/00
6,010,561 09/120,252 01/04/00
6,010,565 09/214,675 01/04/00
6,010,569 09/034,364 01/04/00
6,010,571 08/950,281 01/04/00
6,010,572 08/901,208 01/04/00
6,010,587 08/956,248 01/04/00
6,010,594 08/929,082 01/04/00
6,010,602 08/854,591 01/04/00
6,010,610 09/018,553 01/04/00
6,010,612 08/958,745 01/04/00
6,010,620 08/967,525 01/04/00
6,010,630 08/601,052 01/04/00
6,010,632 09/069,892 01/04/00
6,010,638 07/977,388 01/04/00
6,010,641 09/000,058 01/04/00
6,010,643 08/836,914 01/04/00
6,010,648 09/086,558 01/04/00
6,010,650 09/042,745 01/04/00
6,010,654 09/151,054 01/04/00
6,010,655 09/143,610 01/04/00
6,010,660 09/064,475 01/04/00
6,010,661 09/266,260 01/04/00
6,010,662 09/099,591 01/04/00
6,010,675 07/853,663 01/04/00
6,010,676 08/928,369 01/04/00
6,010,679 09/013,320 01/04/00
6,010,684 09/254,643 01/04/00
6,010,692 08/141,016 01/04/00
6,010,694 08/687,967 01/04/00
6,010,696 09/047,950 01/04/00
6,010,702 09/207,640 01/04/00
6,010,705 08/840,259 01/04/00
6,010,706 08/859,906 01/04/00
6,010,707 08/886,457 01/04/00
6,010,712 08/921,115 01/04/00
6,010,722 08/981,086 01/04/00
6,010,730 09/023,676 01/04/00
6,010,731 08/907,656 01/04/00
6,010,733 08/782,949 01/04/00
6,010,734 09/113,345 01/04/00
6,010,735 09/128,945 01/04/00
6,010,738 09/327,816 01/04/00
6,010,752 09/209,865 01/04/00
6,010,757 08/935,109 01/04/00
6,010,761 09/141,185 01/04/00
6,010,772 08/747,913 01/04/00
6,010,773 08/978,416 01/04/00
6,010,777 08/856,164 01/04/00
6,010,784 09/058,994 01/04/00
6,010,787 08/963,959 01/04/00
6,010,795 08/945,084 01/04/00
6,010,797 09/144,984 01/04/00
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 118 |
6,010,798 08/894,759 01/04/00
6,010,808 09/020,400 01/04/00
6,010,818 09/081,572 01/04/00
6,010,819 09/138,670 01/04/00
6,010,824 08/889,566 01/04/00
6,010,825 09/151,218 01/04/00
6,010,842 08/921,359 01/04/00
6,010,845 09/015,708 01/04/00
6,010,848 09/100,557 01/04/00
6,010,849 08/482,080 01/04/00
6,010,856 08/922,955 01/04/00
6,010,861 08/473,105 01/04/00
6,010,862 08/923,175 01/04/00
6,010,864 09/132,360 01/04/00
6,010,867 08/867,401 01/04/00
6,010,870 09/068,893 01/04/00
6,010,877 08/781,250 01/04/00
6,010,878 08/852,936 01/04/00
6,010,881 08/978,456 01/04/00
6,010,886 09/058,264 01/04/00
6,010,888 08/925,894 01/04/00
6,010,898 09/018,940 01/04/00
6,010,904 08/482,658 01/04/00
6,010,905 08/885,671 01/04/00
6,010,910 08/869,527 01/04/00
6,010,915 09/351,557 01/04/00
6,010,917 08/725,646 01/04/00
6,010,921 09/062,741 01/04/00
6,010,930 08/928,041 01/04/00
6,010,932 08/759,464 01/04/00
6,010,947 08/893,918 01/04/00
6,010,949 08/734,358 01/04/00
6,010,950 09/026,508 01/04/00
6,010,955 08/717,974 01/04/00
6,010,958 08/907,005 01/04/00
6,010,988 09/152,308 01/04/00
6,010,994 08/758,540 01/04/00
6,010,999 08/459,906 01/04/00
6,011,004 08/768,221 01/04/00
6,011,005 08/932,871 01/04/00
6,011,008 09/090,587 01/04/00
6,011,011 08/407,327 01/04/00
6,011,012 08/744,138 01/04/00
6,011,013 09/100,789 01/04/00
6,011,014 09/082,837 01/04/00
6,011,015 08/750,316 01/04/00
6,011,016 08/956,866 01/04/00
6,011,021 08/864,545 01/04/00
6,011,023 08/924,419 01/04/00
6,011,031 08/982,910 01/04/00
6,011,032 09/011,207 01/04/00
6,011,033 09/191,549 01/04/00
6,011,036 08/982,962 01/04/00
6,011,037 09/147,740 01/04/00
6,011,038 09/146,650 01/04/00
6,011,039 09/142,162 01/04/00
6,011,041 08/690,195 01/04/00
6,011,049 09/189,132 01/04/00
6,011,053 09/145,942 01/04/00
6,011,058 09/158,656 01/04/00
6,011,060 09/171,632 01/04/00
6,011,061 08/875,950 01/04/00
6,011,065 09/148,522 01/04/00
6,011,066 09/017,433 01/04/00
6,011,092 08/981,933 01/04/00
6,011,105 09/138,509 01/04/00
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 119 |
6,011,107 09/139,818 01/04/00
6,011,110 08/915,717 01/04/00
6,011,116 08/940,008 01/04/00
6,011,117 08/795,480 01/04/00
6,011,120 08/771,001 01/04/00
6,011,133 09/192,825 01/04/00
6,011,136 09/068,915 01/04/00
6,011,137 08/630,916 01/04/00
6,011,138 08/803,085 01/04/00
6,011,144 08/809,286 01/04/00
6,011,166 08/836,667 01/04/00
6,011,168 09/375,345 01/04/00
6,011,177 08/978,965 01/04/00
6,011,185 08/894,472 01/04/00
6,011,187 08/945,458 01/04/00
6,011,195 08/720,959 01/04/00
6,011,200 08/902,902 01/04/00
6,011,205 09/053,910 01/04/00
6,011,207 09/150,912 01/04/00
6,011,213 08/935,460 01/04/00
6,011,214 09/222,477 01/04/00
6,011,217 09/192,867 01/04/00
6,011,219 08/974,713 01/04/00
6,011,220 08/748,716 01/04/00
6,011,221 09/034,171 01/04/00
6,011,228 08/605,223 01/04/00
6,011,235 08/927,397 01/04/00
6,011,239 09/007,738 01/04/00
6,011,246 09/142,170 01/04/00
6,011,250 09/106,770 01/04/00
6,011,254 08/714,988 01/04/00
6,011,256 08/985,247 01/04/00
6,011,258 09/011,488 01/04/00
6,011,268 09/120,260 01/04/00
6,011,277 09/149,290 01/04/00
6,011,285 09/002,364 01/04/00
6,011,287 09/031,681 01/04/00
6,011,292 08/858,879 01/04/00
6,011,305 09/027,953 01/04/00
6,011,310 08/722,321 01/04/00
6,011,316 08/970,426 01/04/00
6,011,318 09/061,404 01/04/00
6,011,325 09/064,540 01/04/00
6,011,328 09/057,300 01/04/00
6,011,329 09/143,697 01/04/00
6,011,335 09/139,034 01/04/00
6,011,337 09/175,547 01/04/00
6,011,339 09/091,941 01/04/00
6,011,347 09/006,723 01/04/00
6,011,348 09/281,814 01/04/00
6,011,349 09/035,014 01/04/00
6,011,350 08/635,183 01/04/00
6,011,353 08/672,791 01/04/00
6,011,361 08/726,711 01/04/00
6,011,365 09/003,811 01/04/00
6,011,368 09/281,175 01/04/00
6,011,379 09/041,562 01/04/00
6,011,393 08/883,083 01/04/00
6,011,394 08/908,359 01/04/00
6,011,424 09/033,740 01/04/00
6,011,430 08/842,831 01/04/00
6,011,433 09/176,749 01/04/00
6,011,436 08/971,730 01/04/00
6,011,444 09/132,196 01/04/00
6,011,447 09/083,423 01/04/00
6,011,457 08/919,722 01/04/00
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 120 |
6,011,458 09/268,315 01/04/00
6,011,466 09/160,277 01/04/00
6,011,467 08/975,646 01/04/00
6,011,469 09/047,132 01/04/00
6,011,470 09/117,971 01/04/00
6,011,471 09/243,436 01/04/00
6,011,479 09/205,490 01/04/00
6,011,485 08/808,869 01/04/00
6,011,501 09/224,389 01/04/00
6,011,506 08/352,190 01/04/00
6,011,518 08/900,333 01/04/00
6,011,527 08/648,154 01/04/00
6,011,544 08/951,049 01/04/00
6,011,545 08/899,402 01/04/00
6,011,553 08/964,650 01/04/00
6,011,556 08/702,204 01/04/00
6,011,561 08/892,093 01/04/00
6,011,568 08/979,314 01/04/00
6,011,569 08/811,533 01/04/00
6,011,572 09/208,515 01/04/00
6,011,574 08/886,476 01/04/00
6,011,581 08/375,905 01/04/00
6,011,582 09/036,347 01/04/00
6,011,587 08/801,063 01/04/00
6,011,596 08/871,925 01/04/00
6,011,597 08/803,064 01/04/00
6,011,598 08/825,528 01/04/00
6,011,605 09/127,892 01/04/00
6,011,608 09/049,049 01/04/00
6,011,610 09/098,388 01/04/00
6,011,620 09/055,536 01/04/00
6,011,621 09/051,206 01/04/00
6,011,626 09/045,258 01/04/00
6,011,633 08/138,380 01/04/00
6,011,636 08/729,414 01/04/00
6,011,641 08/960,878 01/04/00
6,011,649 08/923,014 01/04/00
6,011,655 08/587,748 01/04/00
6,011,663 08/857,468 01/04/00
6,011,670 08/905,849 01/04/00
6,011,671 08/864,154 01/04/00
6,011,672 08/920,519 01/04/00
6,011,674 08/626,333 01/04/00
6,011,676 08/994,651 01/04/00
6,011,680 09/101,915 01/04/00
6,011,688 08/868,775 01/04/00
6,011,691 09/064,735 01/04/00
6,011,693 08/977,247 01/04/00
6,011,694 08/904,394 01/04/00
6,011,704 08/966,400 01/04/00
6,011,705 08/913,539 01/04/00
6,011,707 09/203,514 01/04/00
6,011,709 09/003,736 01/04/00
6,011,710 08/960,940 01/04/00
6,011,711 08/775,141 01/04/00
6,011,713 08/995,769 01/04/00
6,011,716 09/311,749 01/04/00
6,011,717 08/666,849 01/04/00
6,011,731 09/259,221 01/04/00
6,011,735 09/192,462 01/04/00
6,011,736 09/258,096 01/04/00
6,011,737 08/967,436 01/04/00
6,011,747 09/276,802 01/04/00
6,011,748 08/917,013 01/04/00
6,011,755 08/709,367 01/04/00
6,011,759 09/300,511 01/04/00
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 121 |
6,011,763 09/040,448 01/04/00
6,011,764 09/034,409 01/04/00
6,011,771 08/802,345 01/04/00
6,011,772 08/902,844 01/04/00
6,011,773 09/189,732 01/04/00
6,011,789 08/951,058 01/04/00
6,011,806 08/965,438 01/04/00
6,011,810 08/840,601 01/04/00
6,011,813 08/880,378 01/04/00
6,011,832 09/104,552 01/04/00
6,011,835 09/274,142 01/04/00
6,011,837 09/102,236 01/04/00
6,011,838 08/870,369 01/04/00
6,011,856 08/943,107 01/04/00
6,011,873 09/069,685 01/04/00
6,011,891 08/844,547 01/04/00
6,011,893 08/671,172 01/04/00
6,011,894 08/801,181 01/04/00
6,011,897 08/637,661 01/04/00
6,011,898 08/900,348 01/04/00
6,011,901 08/979,506 01/04/00
6,011,902 08/884,553 01/04/00
6,011,913 09/168,507 01/04/00
6,011,921 08/782,310 01/04/00
6,011,936 08/645,564 01/04/00
6,011,945 08/917,680 01/04/00
6,011,951 08/916,122 01/04/00
6,011,953 08/832,885 01/04/00
6,011,958 08/931,844 01/04/00
6,011,964 08/920,830 01/04/00
6,011,972 08/844,618 01/04/00
6,011,981 08/814,172 01/04/00
6,011,982 09/363,492 01/04/00
6,011,983 08/810,605 01/04/00
6,011,988 09/069,431 01/04/00
6,011,993 09/280,179 01/04/00
6,012,001 09/000,994 01/04/00
6,012,004 08/952,727 01/04/00
6,012,005 08/920,574 01/04/00
6,012,008 08/918,826 01/04/00
6,012,009 08/824,784 01/04/00
6,012,026 09/052,293 01/04/00
6,012,028 09/014,711 01/04/00
6,012,029 08/536,126 01/04/00
6,012,031 08/958,596 01/04/00
6,012,035 08/951,818 01/04/00
6,012,047 08/561,444 01/04/00
6,012,069 09/012,987 01/04/00
6,012,072 08/583,325 01/04/00
6,012,074 08/810,838 01/04/00
6,012,079 08/993,936 01/04/00
6,012,099 08/994,554 01/04/00
6,012,124 08/934,201 01/04/00
6,012,137 08/865,749 01/04/00
6,012,151 08/839,911 01/04/00
6,012,161 08/979,982 01/04/00
PATENTS WHICH EXPIRED ON December 30, 2011
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,668,383 10/119,111 12/30/03
6,668,385 10/109,337 12/30/03
6,668,391 10/089,274 12/30/03
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 122 |
6,668,392 10/144,582 12/30/03
6,668,398 09/826,808 12/30/03
6,668,400 10/249,101 12/30/03
6,668,403 10/080,803 12/30/03
6,668,408 10/227,691 12/30/03
6,668,412 09/085,802 12/30/03
6,668,416 09/979,260 12/30/03
6,668,422 10/023,112 12/30/03
6,668,424 10/207,675 12/30/03
6,668,429 10/139,162 12/30/03
6,668,431 10/021,812 12/30/03
6,668,433 10/020,099 12/30/03
6,668,439 10/216,129 12/30/03
6,668,453 08/683,761 12/30/03
6,668,454 09/207,768 12/30/03
6,668,456 09/516,508 12/30/03
6,668,460 10/052,135 12/30/03
6,668,461 10/262,155 12/30/03
6,668,465 09/790,591 12/30/03
6,668,467 09/907,771 12/30/03
6,668,470 09/908,688 12/30/03
6,668,473 09/772,473 12/30/03
6,668,477 10/177,321 12/30/03
6,668,478 10/002,688 12/30/03
6,668,483 09/939,873 12/30/03
6,668,485 09/868,436 12/30/03
6,668,486 10/086,461 12/30/03
6,668,487 09/981,601 12/30/03
6,668,490 10/024,745 12/30/03
6,668,495 10/189,461 12/30/03
6,668,496 09/613,019 12/30/03
6,668,498 09/784,663 12/30/03
6,668,501 09/783,079 12/30/03
6,668,504 10/121,090 12/30/03
6,668,506 09/884,321 12/30/03
6,668,507 09/733,696 12/30/03
6,668,508 09/941,486 12/30/03
6,668,509 10/193,851 12/30/03
6,668,512 10/075,187 12/30/03
6,668,513 09/951,694 12/30/03
6,668,517 09/882,543 12/30/03
6,668,521 09/012,907 12/30/03
6,668,525 10/231,270 12/30/03
6,668,528 10/134,238 12/30/03
6,668,531 10/116,043 12/30/03
6,668,544 09/715,647 12/30/03
6,668,545 09/820,597 12/30/03
6,668,546 10/078,280 12/30/03
6,668,548 09/959,672 12/30/03
6,668,549 09/798,949 12/30/03
6,668,551 09/970,333 12/30/03
6,668,562 09/964,287 12/30/03
6,668,567 10/155,817 12/30/03
6,668,578 10/375,429 12/30/03
6,668,579 10/164,675 12/30/03
6,668,585 09/711,686 12/30/03
6,668,587 09/863,297 12/30/03
6,668,588 10/162,561 12/30/03
6,668,598 10/187,892 12/30/03
6,668,601 10/047,767 12/30/03
6,668,602 10/037,750 12/30/03
6,668,604 10/419,953 12/30/03
6,668,607 10/361,638 12/30/03
6,668,608 10/436,474 12/30/03
6,668,622 10/205,060 12/30/03
6,668,627 09/968,946 12/30/03
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 123 |
6,668,631 09/889,174 12/30/03
6,668,632 10/213,636 12/30/03
6,668,633 10/158,340 12/30/03
6,668,636 10/164,339 12/30/03
6,668,638 10/153,591 12/30/03
6,668,639 09/929,637 12/30/03
6,668,652 10/155,039 12/30/03
6,668,657 09/922,454 12/30/03
6,668,662 10/055,893 12/30/03
6,668,663 10/027,469 12/30/03
6,668,670 10/111,514 12/30/03
6,668,674 10/042,805 12/30/03
6,668,678 09/642,688 12/30/03
6,668,689 10/246,462 12/30/03
6,668,691 08/727,328 12/30/03
6,668,703 09/970,411 12/30/03
6,668,709 10/311,326 12/30/03
6,668,717 10/058,570 12/30/03
6,668,723 09/989,048 12/30/03
6,668,727 10/463,936 12/30/03
6,668,729 10/225,225 12/30/03
6,668,730 10/053,834 12/30/03
6,668,732 10/040,441 12/30/03
6,668,740 10/095,087 12/30/03
6,668,745 10/191,128 12/30/03
6,668,749 10/059,352 12/30/03
6,668,753 10/074,714 12/30/03
6,668,756 10/410,054 12/30/03
6,668,772 10/347,267 12/30/03
6,668,774 10/234,509 12/30/03
6,668,775 10/134,263 12/30/03
6,668,777 10/221,950 12/30/03
6,668,778 10/392,411 12/30/03
6,668,779 10/305,995 12/30/03
6,668,781 09/856,893 12/30/03
6,668,788 10/029,417 12/30/03
6,668,791 10/095,090 12/30/03
6,668,793 09/954,268 12/30/03
6,668,794 09/960,490 12/30/03
6,668,795 09/576,862 12/30/03
6,668,806 10/035,759 12/30/03
6,668,814 10/216,466 12/30/03
6,668,821 09/908,380 12/30/03
6,668,826 09/690,018 12/30/03
6,668,832 10/040,982 12/30/03
6,668,836 09/585,912 12/30/03
6,668,837 09/657,812 12/30/03
6,668,840 09/615,881 12/30/03
6,668,841 10/217,450 12/30/03
6,668,843 09/835,555 12/30/03
6,668,850 10/100,111 12/30/03
6,668,864 09/896,875 12/30/03
6,668,870 10/147,895 12/30/03
6,668,889 10/130,959 12/30/03
6,668,892 09/990,002 12/30/03
6,668,899 10/054,000 12/30/03
6,668,901 10/059,734 12/30/03
6,668,903 10/047,519 12/30/03
6,668,908 10/126,855 12/30/03
6,668,915 09/671,531 12/30/03
6,668,916 10/252,626 12/30/03
6,668,925 10/061,100 12/30/03
6,668,927 10/393,965 12/30/03
6,668,943 09/584,526 12/30/03
6,668,953 09/630,696 12/30/03
6,668,959 10/151,601 12/30/03
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 124 |
6,668,960 10/236,641 12/30/03
6,668,961 10/313,522 12/30/03
6,668,965 10/156,304 12/30/03
6,668,966 09/955,439 12/30/03
6,668,968 09/963,370 12/30/03
6,668,973 10/070,730 12/30/03
6,668,974 10/009,440 12/30/03
6,668,977 10/140,560 12/30/03
6,668,980 09/900,651 12/30/03
6,668,981 09/865,325 12/30/03
6,668,982 10/325,637 12/30/03
6,668,990 10/095,726 12/30/03
6,668,993 10/060,695 12/30/03
6,668,997 10/089,686 12/30/03
6,669,007 10/032,851 12/30/03
6,669,013 09/607,868 12/30/03
6,669,014 10/060,187 12/30/03
6,669,015 10/219,838 12/30/03
6,669,016 09/971,859 12/30/03
6,669,023 09/940,346 12/30/03
6,669,024 10/140,160 12/30/03
6,669,025 09/776,194 12/30/03
6,669,028 09/947,609 12/30/03
6,669,029 09/948,321 12/30/03
6,669,040 10/092,566 12/30/03
6,669,042 10/262,270 12/30/03
6,669,049 10/278,928 12/30/03
6,669,051 10/129,771 12/30/03
6,669,060 09/817,276 12/30/03
6,669,066 09/983,760 12/30/03
6,669,067 09/809,370 12/30/03
6,669,070 10/078,427 12/30/03
6,669,074 10/187,957 12/30/03
6,669,080 10/098,119 12/30/03
6,669,091 09/798,117 12/30/03
6,669,092 09/924,598 12/30/03
6,669,095 09/548,735 12/30/03
6,669,099 09/893,571 12/30/03
6,669,104 10/133,141 12/30/03
6,669,110 10/211,261 12/30/03
6,669,117 09/936,214 12/30/03
6,669,121 10/216,096 12/30/03
6,669,125 09/935,103 12/30/03
6,669,130 10/055,573 12/30/03
6,669,133 10/241,489 12/30/03
6,669,134 09/970,167 12/30/03
6,669,142 09/907,993 12/30/03
6,669,145 10/331,810 12/30/03
6,669,146 09/867,246 12/30/03
6,669,150 10/082,406 12/30/03
6,669,156 10/004,657 12/30/03
6,669,165 09/947,858 12/30/03
6,669,170 09/863,488 12/30/03
6,669,172 10/349,366 12/30/03
6,669,174 10/293,113 12/30/03
6,669,179 10/202,545 12/30/03
6,669,181 10/122,338 12/30/03
6,669,182 10/102,476 12/30/03
6,669,192 10/197,084 12/30/03
6,669,193 10/146,360 12/30/03
6,669,196 10/162,820 12/30/03
6,669,197 10/214,500 12/30/03
6,669,200 10/289,792 12/30/03
6,669,207 09/954,829 12/30/03
6,669,209 10/015,221 12/30/03
6,669,210 10/004,163 12/30/03
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 125 |
6,669,211 10/053,681 12/30/03
6,669,214 10/145,614 12/30/03
6,669,216 09/806,388 12/30/03
6,669,219 10/120,474 12/30/03
6,669,221 09/917,022 12/30/03
6,669,224 10/293,629 12/30/03
6,669,226 10/086,488 12/30/03
6,669,227 10/107,330 12/30/03
6,669,232 10/058,751 12/30/03
6,669,234 10/304,602 12/30/03
6,669,242 10/177,850 12/30/03
6,669,244 09/923,961 12/30/03
6,669,245 10/147,189 12/30/03
6,669,251 10/181,191 12/30/03
6,669,253 09/740,677 12/30/03
6,669,256 10/009,471 12/30/03
6,669,262 10/010,137 12/30/03
6,669,263 09/923,354 12/30/03
6,669,266 10/342,928 12/30/03
6,669,269 10/380,992 12/30/03
6,669,276 10/228,028 12/30/03
6,669,278 10/105,888 12/30/03
6,669,283 09/973,917 12/30/03
6,669,286 10/125,296 12/30/03
6,669,288 10/000,095 12/30/03
6,669,289 10/428,493 12/30/03
6,669,290 10/213,375 12/30/03
6,669,300 10/309,103 12/30/03
6,669,304 09/779,577 12/30/03
6,669,308 09/830,179 12/30/03
6,669,328 10/135,399 12/30/03
6,669,335 10/263,194 12/30/03
6,669,341 09/944,047 12/30/03
6,669,357 09/964,046 12/30/03
6,669,361 09/727,886 12/30/03
6,669,364 09/885,369 12/30/03
6,669,370 10/088,817 12/30/03
6,669,371 09/846,612 12/30/03
6,669,379 10/109,679 12/30/03
6,669,383 09/793,349 12/30/03
6,669,390 10/301,785 12/30/03
6,669,405 10/058,368 12/30/03
6,669,406 10/008,814 12/30/03
6,669,410 10/356,623 12/30/03
6,669,411 10/269,342 12/30/03
6,669,422 10/019,478 12/30/03
6,669,425 10/103,852 12/30/03
6,669,440 10/077,843 12/30/03
6,669,457 09/959,245 12/30/03
6,669,464 10/166,443 12/30/03
6,669,465 10/016,464 12/30/03
6,669,469 10/258,366 12/30/03
6,669,476 09/983,162 12/30/03
6,669,479 09/348,091 12/30/03
6,669,480 10/151,516 12/30/03
6,669,482 09/613,336 12/30/03
6,669,488 10/016,446 12/30/03
6,669,493 10/081,566 12/30/03
6,669,496 09/830,296 12/30/03
6,669,512 10/032,005 12/30/03
6,669,513 10/198,147 12/30/03
6,669,515 10/326,709 12/30/03
6,669,516 10/224,163 12/30/03
6,669,518 10/027,083 12/30/03
6,669,519 10/321,391 12/30/03
6,669,520 09/682,550 12/30/03
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 126 |
6,669,524 09/813,202 12/30/03
6,669,532 09/582,412 12/30/03
6,669,540 10/109,620 12/30/03
6,669,541 10/008,319 12/30/03
6,669,546 10/005,763 12/30/03
6,669,550 10/222,099 12/30/03
6,669,552 10/269,672 12/30/03
6,669,560 09/907,381 12/30/03
6,669,573 09/908,792 12/30/03
6,669,574 10/369,574 12/30/03
6,669,575 10/346,229 12/30/03
6,669,579 10/065,690 12/30/03
6,669,582 09/574,922 12/30/03
6,669,583 10/170,853 12/30/03
6,669,588 10/029,126 12/30/03
6,669,591 09/700,104 12/30/03
6,669,596 10/200,235 12/30/03
6,669,600 09/752,540 12/30/03
6,669,612 09/768,668 12/30/03
6,669,615 09/967,428 12/30/03
6,669,645 10/269,880 12/30/03
6,669,646 10/407,195 12/30/03
6,669,649 10/142,247 12/30/03
6,669,650 10/132,859 12/30/03
6,669,653 10/289,304 12/30/03
6,669,657 09/665,608 12/30/03
6,669,662 09/752,871 12/30/03
6,669,666 09/953,460 12/30/03
6,669,668 09/434,974 12/30/03
6,669,677 10/395,589 12/30/03
6,669,678 09/814,941 12/30/03
6,669,682 09/622,059 12/30/03
6,669,695 10/047,867 12/30/03
6,669,697 09/641,448 12/30/03
6,669,703 10/078,156 12/30/03
6,669,710 10/262,274 12/30/03
6,669,712 09/994,571 12/30/03
6,669,725 09/750,588 12/30/03
6,669,752 10/156,313 12/30/03
6,669,753 09/971,895 12/30/03
6,669,757 10/376,206 12/30/03
6,669,758 10/064,268 12/30/03
6,669,766 10/177,457 12/30/03
6,669,769 10/034,003 12/30/03
6,669,770 10/328,034 12/30/03
6,669,771 10/149,276 12/30/03
6,669,772 09/700,151 12/30/03
6,669,776 10/211,627 12/30/03
6,669,778 10/107,283 12/30/03
6,669,785 10/146,617 12/30/03
6,669,787 09/878,980 12/30/03
6,669,795 10/051,737 12/30/03
6,669,805 09/788,081 12/30/03
6,669,808 10/102,391 12/30/03
6,669,812 09/145,127 12/30/03
6,669,815 09/508,573 12/30/03
6,669,817 09/932,214 12/30/03
6,669,819 10/047,623 12/30/03
6,669,820 10/054,349 12/30/03
6,669,822 09/830,329 12/30/03
6,669,824 09/840,394 12/30/03
6,669,833 10/405,537 12/30/03
6,669,836 09/861,054 12/30/03
6,669,841 10/045,079 12/30/03
6,669,859 10/248,416 12/30/03
6,669,862 10/347,170 12/30/03
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 127 |
6,669,863 09/857,744 12/30/03
6,669,872 09/905,148 12/30/03
6,669,876 09/726,429 12/30/03
6,669,882 09/825,593 12/30/03
6,669,885 10/294,756 12/30/03
6,669,898 10/163,792 12/30/03
6,669,900 10/003,380 12/30/03
6,669,902 09/708,859 12/30/03
6,669,917 09/917,801 12/30/03
6,669,922 09/707,996 12/30/03
6,669,923 09/796,713 12/30/03
6,669,924 09/728,494 12/30/03
6,669,926 09/688,943 12/30/03
6,669,928 10/287,577 12/30/03
6,669,931 10/097,679 12/30/03
6,669,934 09/331,569 12/30/03
6,669,935 09/212,165 12/30/03
6,669,938 08/201,134 12/30/03
6,669,944 09/825,406 12/30/03
6,669,951 09/792,480 12/30/03
6,669,953 09/462,691 12/30/03
6,669,957 09/831,711 12/30/03
6,669,962 09/745,043 12/30/03
6,669,963 09/380,485 12/30/03
6,669,965 09/436,243 12/30/03
6,669,966 09/692,127 12/30/03
6,669,972 09/950,973 12/30/03
6,669,973 09/520,153 12/30/03
6,669,982 10/144,028 12/30/03
6,669,985 10/037,474 12/30/03
6,669,987 09/958,404 12/30/03
6,669,990 09/985,690 12/30/03
6,669,996 09/900,439 12/30/03
6,670,003 09/508,317 12/30/03
6,670,005 09/158,894 12/30/03
6,670,013 09/833,426 12/30/03
6,670,022 09/706,028 12/30/03
6,670,023 08/982,958 12/30/03
6,670,028 09/881,751 12/30/03
6,670,029 09/948,984 12/30/03
6,670,032 09/952,788 12/30/03
6,670,038 10/174,301 12/30/03
6,670,039 09/544,063 12/30/03
6,670,043 09/992,038 12/30/03
6,670,052 09/938,675 12/30/03
6,670,057 10/068,662 12/30/03
6,670,059 09/916,280 12/30/03
6,670,060 09/839,607 12/30/03
6,670,061 09/986,340 12/30/03
6,670,069 09/808,820 12/30/03
6,670,070 09/742,074 12/30/03
6,670,074 09/840,674 12/30/03
6,670,079 09/598,222 12/30/03
6,670,080 09/356,700 12/30/03
6,670,085 09/963,141 12/30/03
6,670,086 10/153,846 12/30/03
6,670,088 09/276,489 12/30/03
6,670,089 10/042,370 12/30/03
6,670,100 09/573,387 12/30/03
6,670,109 09/943,186 12/30/03
6,670,112 09/577,889 12/30/03
6,670,114 09/564,951 12/30/03
6,670,120 09/462,635 12/30/03
6,670,121 09/622,247 12/30/03
6,670,128 09/930,429 12/30/03
6,670,129 09/962,054 12/30/03
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 128 |
6,670,131 09/995,614 12/30/03
6,670,135 09/689,012 12/30/03
6,670,139 09/235,738 12/30/03
6,670,142 10/032,678 12/30/03
6,670,143 09/970,989 12/30/03
6,670,144 09/511,204 12/30/03
6,670,147 09/256,237 12/30/03
6,670,148 09/368,834 12/30/03
6,670,150 09/851,985 12/30/03
6,670,151 09/485,639 12/30/03
6,670,152 09/607,003 12/30/03
6,670,158 10/067,652 12/30/03
6,670,162 10/135,689 12/30/03
6,670,163 10/274,878 12/30/03
6,670,164 10/274,978 12/30/03
6,670,167 09/460,421 12/30/03
6,670,170 09/571,406 12/30/03
6,670,173 09/890,090 12/30/03
6,670,184 09/887,149 12/30/03
6,670,187 09/866,590 12/30/03
6,670,206 10/119,725 12/30/03
6,670,211 09/876,278 12/30/03
6,670,223 10/285,023 12/30/03
6,670,228 10/339,151 12/30/03
6,670,263 09/802,702 12/30/03
6,670,277 09/984,144 12/30/03
6,670,286 10/075,741 12/30/03
6,670,294 10/055,724 12/30/03
6,670,296 09/758,900 12/30/03
6,670,297 09/707,297 12/30/03
6,670,307 09/886,551 12/30/03
6,670,311 09/763,600 12/30/03
6,670,321 09/248,752 12/30/03
6,670,324 09/943,901 12/30/03
6,670,328 09/706,722 12/30/03
6,670,330 09/561,720 12/30/03
6,670,331 10/011,642 12/30/03
6,670,333 09/875,114 12/30/03
6,670,343 09/787,182 12/30/03
6,670,347 09/963,685 12/30/03
6,670,349 09/488,236 12/30/03
6,670,350 09/913,554 12/30/03
6,670,355 10/313,217 12/30/03
6,670,358 10/014,645 12/30/03
6,670,359 10/285,743 12/30/03
6,670,360 10/021,214 12/30/03
6,670,368 09/958,077 12/30/03
6,670,369 09/485,909 12/30/03
6,670,379 10/332,642 12/30/03
6,670,387 09/868,198 12/30/03
6,670,391 10/178,238 12/30/03
6,670,394 09/914,703 12/30/03
6,670,395 08/954,946 12/30/03
6,670,398 10/036,307 12/30/03
6,670,399 09/747,408 12/30/03
6,670,400 08/930,379 12/30/03
6,670,432 09/573,414 12/30/03
6,670,444 10/331,674 12/30/03
6,670,446 09/647,113 12/30/03
6,670,456 10/085,930 12/30/03
6,670,457 10/222,309 12/30/03
6,670,458 09/931,020 12/30/03
6,670,460 09/470,276 12/30/03
6,670,465 09/495,714 12/30/03
6,670,469 09/367,404 12/30/03
6,670,470 09/522,826 12/30/03
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 129 |
6,670,476 10/066,907 12/30/03
6,670,477 10/090,087 12/30/03
6,670,478 10/428,463 12/30/03
6,670,479 09/801,269 12/30/03
6,670,481 10/173,444 12/30/03
6,670,488 10/404,723 12/30/03
6,670,493 10/218,085 12/30/03
6,670,502 09/670,714 12/30/03
6,670,506 09/959,631 12/30/03
6,670,511 10/144,986 12/30/03
6,670,518 10/191,909 12/30/03
6,670,520 09/747,230 12/30/03
6,670,534 10/149,863 12/30/03
6,670,540 09/974,652 12/30/03
6,670,541 09/984,093 12/30/03
6,670,547 10/269,440 12/30/03
6,670,561 09/925,930 12/30/03
6,670,562 10/189,290 12/30/03
6,670,565 10/332,443 12/30/03
6,670,566 10/266,595 12/30/03
6,670,576 10/117,592 12/30/03
6,670,581 09/926,520 12/30/03
6,670,586 10/099,147 12/30/03
6,670,587 10/218,227 12/30/03
6,670,593 10/065,405 12/30/03
6,670,606 10/356,019 12/30/03
6,670,608 09/950,643 12/30/03
6,670,611 09/786,064 12/30/03
6,670,615 10/245,545 12/30/03
6,670,622 10/082,341 12/30/03
6,670,629 10/235,555 12/30/03
6,670,634 10/351,742 12/30/03
6,670,642 10/051,188 12/30/03
6,670,651 09/638,384 12/30/03
6,670,653 09/364,730 12/30/03
6,670,656 10/217,350 12/30/03
6,670,659 09/463,982 12/30/03
6,670,661 10/046,123 12/30/03
6,670,684 10/278,756 12/30/03
6,670,697 09/794,029 12/30/03
6,670,703 09/515,083 12/30/03
6,670,709 09/779,584 12/30/03
6,670,717 09/977,807 12/30/03
6,670,721 09/900,874 12/30/03
6,670,722 09/950,032 12/30/03
6,670,726 09/758,383 12/30/03
6,670,727 10/021,241 12/30/03
6,670,728 10/098,260 12/30/03
6,670,730 09/885,464 12/30/03
6,670,736 10/076,641 12/30/03
6,670,737 10/032,541 12/30/03
6,670,741 09/796,591 12/30/03
6,670,744 09/756,265 12/30/03
6,670,746 10/021,615 12/30/03
6,670,747 09/990,267 12/30/03
6,670,750 09/979,163 12/30/03
6,670,752 10/181,360 12/30/03
6,670,760 09/849,527 12/30/03
6,670,766 09/863,474 12/30/03
6,670,778 10/198,104 12/30/03
6,670,788 10/124,333 12/30/03
6,670,792 09/949,262 12/30/03
6,670,793 10/019,591 12/30/03
6,670,797 10/242,841 12/30/03
6,670,803 10/108,828 12/30/03
6,670,807 10/053,445 12/30/03
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 130 |
6,670,810 09/841,164 12/30/03
6,670,819 10/057,711 12/30/03
6,670,820 09/683,421 12/30/03
6,670,841 10/267,666 12/30/03
6,670,867 09/781,765 12/30/03
6,670,868 10/347,449 12/30/03
6,670,872 10/312,991 12/30/03
6,670,873 09/958,931 12/30/03
6,670,875 09/781,646 12/30/03
6,670,885 10/049,339 12/30/03
6,670,886 10/216,801 12/30/03
6,670,888 10/079,963 12/30/03
6,670,892 09/863,533 12/30/03
6,670,906 09/988,570 12/30/03
6,670,947 10/007,424 12/30/03
6,670,954 09/848,348 12/30/03
6,670,966 09/582,941 12/30/03
6,671,003 09/343,730 12/30/03
6,671,007 09/476,712 12/30/03
6,671,012 09/654,171 12/30/03
6,671,022 09/629,793 12/30/03
6,671,034 09/301,311 12/30/03
6,671,038 10/075,864 12/30/03
6,671,041 09/768,549 12/30/03
6,671,045 09/679,822 12/30/03
6,671,046 10/093,237 12/30/03
6,671,050 10/016,135 12/30/03
6,671,056 09/759,004 12/30/03
6,671,059 10/243,460 12/30/03
6,671,069 09/409,054 12/30/03
6,671,074 10/171,558 12/30/03
6,671,075 10/329,788 12/30/03
6,671,087 10/212,398 12/30/03
6,671,096 10/076,249 12/30/03
6,671,112 10/023,769 12/30/03
6,671,120 09/426,092 12/30/03
6,671,122 09/270,237 12/30/03
6,671,124 09/948,158 12/30/03
6,671,125 09/680,231 12/30/03
6,671,132 09/742,569 12/30/03
6,671,134 09/610,880 12/30/03
6,671,135 10/419,087 12/30/03
6,671,138 10/033,602 12/30/03
6,671,142 09/915,802 12/30/03
6,671,146 09/646,332 12/30/03
6,671,155 09/998,369 12/30/03
6,671,161 09/928,444 12/30/03
6,671,162 09/893,216 12/30/03
6,671,168 10/306,503 12/30/03
6,671,174 10/227,905 12/30/03
6,671,179 10/174,374 12/30/03
6,671,181 10/011,092 12/30/03
6,671,184 10/194,836 12/30/03
6,671,186 09/839,826 12/30/03
6,671,189 10/138,351 12/30/03
6,671,193 10/031,194 12/30/03
6,671,210 10/266,748 12/30/03
6,671,217 10/361,697 12/30/03
6,671,219 09/979,951 12/30/03
6,671,226 10/159,352 12/30/03
6,671,231 09/988,281 12/30/03
6,671,233 09/625,278 12/30/03
6,671,240 09/808,258 12/30/03
6,671,245 10/319,537 12/30/03
6,671,248 09/859,585 12/30/03
6,671,261 09/461,933 12/30/03
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 131 |
6,671,282 09/519,969 12/30/03
6,671,288 09/536,517 12/30/03
6,671,296 10/090,936 12/30/03
6,671,297 10/131,664 12/30/03
6,671,311 09/551,449 12/30/03
6,671,326 09/584,224 12/30/03
6,671,327 09/562,322 12/30/03
6,671,328 09/287,125 12/30/03
6,671,336 09/572,558 12/30/03
6,671,346 10/131,127 12/30/03
6,671,350 09/543,180 12/30/03
6,671,352 09/223,717 12/30/03
6,671,359 09/452,882 12/30/03
6,671,363 09/876,559 12/30/03
6,671,369 09/989,644 12/30/03
6,671,372 09/329,444 12/30/03
6,671,378 09/596,111 12/30/03
6,671,382 10/102,019 12/30/03
6,671,385 10/111,301 12/30/03
6,671,397 09/471,385 12/30/03
6,671,404 09/403,680 12/30/03
6,671,437 10/140,757 12/30/03
6,671,449 10/171,213 12/30/03
6,671,451 09/522,692 12/30/03
6,671,454 09/443,379 12/30/03
6,671,455 09/504,681 12/30/03
6,671,489 10/169,129 12/30/03
6,671,498 09/734,933 12/30/03
6,671,503 09/585,865 12/30/03
6,671,505 09/544,616 12/30/03
6,671,512 09/860,190 12/30/03
6,671,519 09/736,801 12/30/03
6,671,530 10/080,500 12/30/03
6,671,540 09/366,500 12/30/03
6,671,541 09/726,358 12/30/03
6,671,543 10/034,557 12/30/03
6,671,582 10/228,248 12/30/03
6,671,586 09/929,926 12/30/03
6,671,588 10/026,901 12/30/03
6,671,590 10/139,256 12/30/03
6,671,597 09/987,676 12/30/03
6,671,600 09/913,777 12/30/03
6,671,604 09/936,614 12/30/03
6,671,632 10/146,591 12/30/03
6,671,639 10/233,586 12/30/03
6,671,644 09/930,355 12/30/03
6,671,680 09/717,132 12/30/03
6,671,694 09/874,788 12/30/03
6,671,709 10/105,543 12/30/03
6,671,714 09/447,755 12/30/03
6,671,724 09/532,101 12/30/03
6,671,729 09/594,857 12/30/03
6,671,769 09/345,888 12/30/03
6,671,778 09/922,436 12/30/03
6,671,782 09/538,352 12/30/03
6,671,815 10/067,287 12/30/03
6,671,821 09/717,755 12/30/03
6,671,823 09/616,292 12/30/03
6,671,840 09/424,453 12/30/03
6,671,845 09/421,784 12/30/03
6,671,858 10/003,237 12/30/03
PATENTS WHICH EXPIRED ON January 1, 2012
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 132 |
Number Number Date
7,313,835 11/016,125 01/01/08
7,313,838 10/723,074 01/01/08
7,313,842 11/012,556 01/01/08
7,313,843 10/492,882 01/01/08
7,313,853 11/256,700 01/01/08
7,313,854 11/024,316 01/01/08
7,313,864 10/491,604 01/01/08
7,313,867 11/523,384 01/01/08
7,313,872 11/479,200 01/01/08
7,313,876 11/103,857 01/01/08
7,313,879 11/403,071 01/01/08
7,313,887 11/148,500 01/01/08
7,313,897 11/304,279 01/01/08
7,313,899 11/435,227 01/01/08
7,313,902 11/226,804 01/01/08
7,313,927 10/832,835 01/01/08
7,313,930 10/725,446 01/01/08
7,313,935 10/476,672 01/01/08
7,313,936 11/281,454 01/01/08
7,313,938 10/547,700 01/01/08
7,313,939 11/346,223 01/01/08
7,313,941 11/291,921 01/01/08
7,313,962 11/294,619 01/01/08
7,313,969 11/207,901 01/01/08
7,313,972 10/493,227 01/01/08
7,313,975 11/353,727 01/01/08
7,313,978 10/637,921 01/01/08
7,313,980 11/248,609 01/01/08
7,313,983 11/475,466 01/01/08
7,313,987 11/555,719 01/01/08
7,313,988 11/407,667 01/01/08
7,313,989 11/177,986 01/01/08
7,313,990 11/636,874 01/01/08
7,313,995 11/081,486 01/01/08
7,313,996 11/100,638 01/01/08
7,314,015 11/379,368 01/01/08
7,314,017 11/243,792 01/01/08
7,314,020 10/538,180 01/01/08
7,314,028 11/446,296 01/01/08
7,314,029 11/602,327 01/01/08
7,314,049 10/701,624 01/01/08
7,314,055 11/240,119 01/01/08
7,314,062 11/008,932 01/01/08
7,314,063 11/295,474 01/01/08
7,314,065 11/623,765 01/01/08
7,314,068 11/109,863 01/01/08
7,314,071 11/343,727 01/01/08
7,314,076 10/947,466 01/01/08
7,314,079 10/929,649 01/01/08
7,314,098 10/997,263 01/01/08
7,314,103 10/647,122 01/01/08
7,314,111 10/858,467 01/01/08
7,314,112 11/181,645 01/01/08
7,314,135 10/835,765 01/01/08
7,314,142 11/116,607 01/01/08
7,314,149 11/087,433 01/01/08
7,314,153 10/079,848 01/01/08
7,314,186 11/046,998 01/01/08
7,314,194 10/385,732 01/01/08
7,314,196 11/151,611 01/01/08
7,314,203 11/011,941 01/01/08
7,314,207 10/980,376 01/01/08
7,314,221 11/100,269 01/01/08
7,314,222 10/857,007 01/01/08
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 133 |
7,314,223 11/095,549 01/01/08
7,314,226 11/194,005 01/01/08
7,314,233 10/878,413 01/01/08
7,314,241 11/009,427 01/01/08
7,314,242 11/355,898 01/01/08
7,314,245 10/942,415 01/01/08
7,314,246 11/316,382 01/01/08
7,314,255 11/230,475 01/01/08
7,314,280 11/221,941 01/01/08
7,314,284 10/583,342 01/01/08
7,314,287 11/625,685 01/01/08
7,314,292 10/526,924 01/01/08
7,314,293 11/193,101 01/01/08
7,314,294 11/244,304 01/01/08
7,314,295 10/524,320 01/01/08
7,314,300 11/119,400 01/01/08
7,314,315 10/356,798 01/01/08
7,314,318 09/809,699 01/01/08
7,314,327 11/046,749 01/01/08
7,314,335 10/983,914 01/01/08
7,314,354 10/512,208 01/01/08
7,314,360 10/537,972 01/01/08
7,314,374 10/258,246 01/01/08
7,314,375 10/466,079 01/01/08
7,314,385 11/226,394 01/01/08
7,314,386 11/161,457 01/01/08
7,314,391 11/716,127 01/01/08
7,314,415 10/529,151 01/01/08
7,314,427 11/179,805 01/01/08
7,314,430 11/282,930 01/01/08
7,314,431 11/202,119 01/01/08
7,314,436 11/491,752 01/01/08
7,314,440 10/531,670 01/01/08
7,314,455 11/341,024 01/01/08
7,314,460 11/175,938 01/01/08
7,314,476 11/038,773 01/01/08
7,314,494 11/045,659 01/01/08
7,314,501 10/516,369 01/01/08
7,314,504 11/032,169 01/01/08
7,314,508 10/524,374 01/01/08
7,314,522 10/517,527 01/01/08
7,314,544 11/212,038 01/01/08
7,314,567 10/515,873 01/01/08
7,314,569 10/818,552 01/01/08
7,314,570 10/487,114 01/01/08
7,314,573 10/528,581 01/01/08
7,314,583 10/531,478 01/01/08
7,314,599 10/114,801 01/01/08
7,314,601 11/343,372 01/01/08
7,314,603 10/450,348 01/01/08
7,314,610 11/066,013 01/01/08
7,314,611 10/688,234 01/01/08
7,314,620 10/738,259 01/01/08
7,314,625 10/432,412 01/01/08
7,314,626 10/270,010 01/01/08
7,314,630 10/905,527 01/01/08
7,314,646 10/914,615 01/01/08
7,314,651 10/472,822 01/01/08
7,314,711 09/074,472 01/01/08
7,314,716 10/161,941 01/01/08
7,314,717 09/845,738 01/01/08
7,314,720 10/540,212 01/01/08
7,314,722 10/822,787 01/01/08
7,314,727 10/333,336 01/01/08
7,314,728 11/249,696 01/01/08
7,314,729 10/860,372 01/01/08
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 134 |
7,314,739 10/493,210 01/01/08
7,314,762 09/993,366 01/01/08
7,314,766 10/706,090 01/01/08
7,314,782 10/527,777 01/01/08
7,314,790 11/612,309 01/01/08
7,314,802 11/669,598 01/01/08
7,314,827 11/181,908 01/01/08
7,314,834 11/153,898 01/01/08
7,314,839 11/185,993 01/01/08
7,314,842 11/491,442 01/01/08
7,314,843 11/045,469 01/01/08
7,314,844 11/114,068 01/01/08
7,314,856 10/228,872 01/01/08
7,314,859 10/540,803 01/01/08
7,314,861 10/477,985 01/01/08
7,314,872 10/922,515 01/01/08
7,314,873 10/517,754 01/01/08
7,314,879 10/500,476 01/01/08
7,314,888 09/830,559 01/01/08
7,314,897 10/921,398 01/01/08
7,314,898 11/025,183 01/01/08
7,314,899 10/813,972 01/01/08
7,314,918 10/194,364 01/01/08
7,314,920 10/141,757 01/01/08
7,314,922 10/110,807 01/01/08
7,314,925 10/128,587 01/01/08
7,314,928 11/411,505 01/01/08
7,314,931 10/532,223 01/01/08
7,314,935 10/504,432 01/01/08
7,314,940 10/473,578 01/01/08
7,314,942 10/337,441 01/01/08
7,314,957 10/510,409 01/01/08
7,314,961 10/542,890 01/01/08
7,314,993 10/898,733 01/01/08
7,314,999 11/341,325 01/01/08
7,315,004 11/466,938 01/01/08
7,315,012 11/100,466 01/01/08
7,315,062 11/093,043 01/01/08
7,315,066 10/908,926 01/01/08
7,315,068 11/077,240 01/01/08
7,315,075 10/905,906 01/01/08
7,315,088 10/563,573 01/01/08
7,315,101 11/470,852 01/01/08
7,315,110 11/167,912 01/01/08
7,315,112 11/207,564 01/01/08
7,315,113 11/247,366 01/01/08
7,315,121 11/386,693 01/01/08
7,315,124 11/127,147 01/01/08
7,315,132 11/315,624 01/01/08
7,315,171 11/542,391 01/01/08
7,315,179 11/607,272 01/01/08
7,315,181 11/290,843 01/01/08
7,315,194 10/923,717 01/01/08
7,315,208 10/544,595 01/01/08
7,315,223 11/171,628 01/01/08
7,315,230 10/922,390 01/01/08
7,315,233 10/931,176 01/01/08
7,315,236 11/183,758 01/01/08
7,315,242 10/817,000 01/01/08
7,315,250 11/013,645 01/01/08
7,315,266 11/514,113 01/01/08
7,315,287 11/363,914 01/01/08
7,315,310 10/629,112 01/01/08
7,315,312 10/660,114 01/01/08
7,315,316 11/084,202 01/01/08
7,315,317 11/085,273 01/01/08
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 135 |
7,315,318 10/906,839 01/01/08
7,315,321 10/375,977 01/01/08
7,315,326 10/356,600 01/01/08
7,315,328 09/324,823 01/01/08
7,315,329 09/447,301 01/01/08
7,315,361 11/118,192 01/01/08
7,315,377 10/544,421 01/01/08
7,315,380 11/089,007 01/01/08
7,315,383 10/887,568 01/01/08
7,315,390 10/226,004 01/01/08
7,315,411 11/007,176 01/01/08
7,315,414 10/815,967 01/01/08
7,315,415 11/369,707 01/01/08
7,315,419 10/960,318 01/01/08
7,315,420 11/171,340 01/01/08
7,315,441 10/537,289 01/01/08
7,315,451 11/265,075 01/01/08
7,315,457 11/607,058 01/01/08
7,315,485 11/326,672 01/01/08
7,315,491 10/296,750 01/01/08
7,315,494 10/822,814 01/01/08
7,315,505 10/619,199 01/01/08
7,315,513 10/149,975 01/01/08
7,315,514 10/311,933 01/01/08
7,315,526 10/247,898 01/01/08
7,315,538 10/636,432 01/01/08
7,315,539 10/720,261 01/01/08
7,315,551 10/099,315 01/01/08
7,315,557 10/809,841 01/01/08
7,315,559 10/519,501 01/01/08
7,315,581 10/471,630 01/01/08
7,315,589 10/749,322 01/01/08
7,315,591 10/766,284 01/01/08
7,315,594 10/484,608 01/01/08
7,315,611 11/139,655 01/01/08
7,315,614 10/174,026 01/01/08
7,315,620 10/764,955 01/01/08
7,315,626 10/490,303 01/01/08
7,315,632 10/451,406 01/01/08
7,315,655 11/170,830 01/01/08
7,315,660 10/477,888 01/01/08
7,315,668 10/183,922 01/01/08
7,315,671 10/545,128 01/01/08
7,315,684 10/581,793 01/01/08
7,315,687 10/810,798 01/01/08
7,315,703 11/200,541 01/01/08
7,315,728 10/473,592 01/01/08
7,315,758 10/860,557 01/01/08
7,315,767 10/656,997 01/01/08
7,315,773 10/811,843 01/01/08
7,315,777 10/767,283 01/01/08
7,315,780 10/489,900 01/01/08
7,315,784 09/784,720 01/01/08
7,315,798 10/630,776 01/01/08
7,315,821 10/356,331 01/01/08
7,315,825 11/444,081 01/01/08
7,315,835 09/611,896 01/01/08
7,315,839 09/961,026 01/01/08
7,315,844 10/961,638 01/01/08
7,315,850 11/153,145 01/01/08
7,315,857 10/845,501 01/01/08
7,315,871 11/039,211 01/01/08
7,315,872 10/931,002 01/01/08
7,315,876 10/636,094 01/01/08
7,315,878 10/665,600 01/01/08
7,315,882 10/686,213 01/01/08
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 136 |
7,315,892 10/053,012 01/01/08
7,315,903 10/200,721 01/01/08
7,315,915 10/950,416 01/01/08
7,315,927 10/976,410 01/01/08
7,315,945 10/451,003 01/01/08
7,315,948 09/458,921 01/01/08
7,315,977 10/933,642 01/01/08
7,315,994 11/001,297 01/01/08
7,315,996 11/232,764 01/01/08
7,315,997 10/846,517 01/01/08
7,316,001 10/908,654 01/01/08
7,316,024 10/941,886 01/01/08
7,316,028 10/290,416 01/01/08
| Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 01/23/2012 |
Patents Reinstated Due to the Acceptance of a
Late Maintenance Fee from 01/23/2012
Patent Application Filing Issue Granted
Number Number Date Date Date
5,711,653 08/685,134 07/24/96 01/27/98 01/26/12
5,797,704 08/840,496 04/21/97 08/25/98 01/24/12
5,916,153 08/958,509 10/27/97 06/29/99 01/24/12
6,003,557 08/992,289 12/17/97 12/21/99 01/24/12
6,318,573 09/501,406 02/10/00 11/20/01 01/24/12
6,331,024 08/972,761 11/18/97 12/18/01 01/26/12
6,389,662 09/614,327 07/12/00 05/21/02 01/27/12
6,474,647 09/618,397 07/18/00 11/05/02 01/26/12
6,502,030 09/769,537 01/25/01 12/31/02 01/24/12
6,538,341 10/018,603 12/17/01 03/25/03 01/25/12
6,568,233 10/055,895 01/28/02 05/27/03 01/27/12
6,601,517 09/985,962 10/31/01 08/05/03 01/24/12
6,602,585 09/963,239 09/26/01 08/05/03 01/24/12
6,622,349 09/920,015 08/02/01 09/23/03 01/26/12
6,631,113 09/679,941 10/04/00 10/07/03 01/23/12
6,631,302 09/544,370 04/06/00 10/07/03 01/23/12
6,631,359 09/393,150 09/10/99 10/07/03 01/23/12
6,632,310 09/815,293 03/21/01 10/14/03 01/23/12
6,662,490 10/225,894 08/22/02 12/16/03 01/25/12
6,671,559 10/054,092 01/22/02 12/30/03 01/27/12
6,985,511 10/607,342 06/27/03 01/10/06 01/26/12
7,000,321 10/246,071 09/17/02 02/21/06 01/24/12
7,074,161 10/477,276 11/10/03 07/11/06 01/23/12
7,089,504 09/563,624 05/02/00 08/08/06 01/26/12
7,135,102 10/421,922 04/24/03 11/14/06 01/26/12
7,140,195 11/250,998 10/14/05 11/28/06 01/27/12
7,167,816 10/081,387 02/22/02 01/23/07 01/24/12
7,170,605 10/647,855 08/25/03 01/30/07 01/25/12
7,175,187 10/628,540 07/28/03 02/13/07 01/26/12
7,185,375 10/710,634 07/26/04 03/06/07 01/23/12
7,188,795 10/450,018 11/18/03 03/13/07 01/24/12
7,195,188 11/276,431 02/28/06 03/27/07 01/26/12
7,219,291 10/416,484 09/15/03 05/15/07 01/26/12
7,240,838 11/298,660 12/12/05 07/10/07 01/24/12
7,246,921 11/050,542 02/03/05 07/24/07 01/24/12
7,250,234 10/344,332 02/10/03 07/31/07 01/26/12
7,269,247 10/941,471 09/15/04 09/11/07 01/27/12
7,273,626 10/538,464 06/10/05 09/25/07 01/25/12
7,286,972 09/836,490 04/17/01 10/23/07 01/24/12
7,293,785 10/548,494 10/13/05 11/13/07 01/26/12
7,308,507 10/717,289 11/19/03 12/11/07 01/23/12
7,308,569 10/632,648 08/01/03 12/11/07 01/23/12
7,310,042 10/499,461 06/18/04 12/18/07 01/27/12
7,310,744 11/234,412 09/23/05 12/18/07 01/24/12
| 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. 608,693, Re. S.N. 29. 411,840, Jan. 26, 2012, Cl. D12. 091, AUTOMOBILE
BODY, Vincent J. Galante, et al., Owner of Record: Chrysler Group LLC,
Raleigh, NC, Attorney or Agent: Ralph E. Smith, Ex. Gp.: 2911
RE. 41,519, Re. S.N. 13,357,118, Jan. 24, 2012,Cl. 341, METHOD AND
APPARATUS FOR OPERATING A CMOS IMAGER HAVING A PIPELINED ANALOG TO DIGITAL
CONVERTER, Eric R. Fossum, et al, Owner of Record: Round Rock Research, LLC.,
Attorney or Agent: Richard J. Botos, Ex. Gp.: 2819
RE. 42,873, Re. S.N. 13,277,519, Oct. 20, 2011, Cl. 015, HAND-HOLDABLE
VACUUM CLEANERS, Andrew Walker, et al, Owner of Record: Black & Decker Inc.,
Newark, DE, Attorney or Agent: Christopher M. Brock, Ex. Gp.: 3723
RE. 43,192, Re. S.N. 13,354,972, Jan. 20, 2012, Cl. 709, DATA PROCESSING
SYSTEM, INFORMATION PROCESSING APPARATUS, DATA PROCESSING METHOD AN COMPUTER
PROGRAM, Masaaki Isozu, Tokyo, Japan, Owner of Record: SONY CORPORATION,
Tokyo, Japan, Attorney or Agent: Timothy R. Hirzel, Ex. Gp.: 2447
7,057,951, Re. S.N.: 13,335,234, Dec. 22, 2011, Cl.: 365/222,
SEMICONDUCTOR MEMORY DEVICE FOR CONTROLLING WRITE RECOVERY TIME, Jae-Hyuk Im,
et.al., Owner of Record: 658868 N.B. Inc, Attorney or Agent: James Ortega,
Ex. Gp.: 2827
7,593,786, Re. S.N.: 13,237,247, Sep. 20, 2011, Cl: 700/000, AUTOMATED
ENGRAVING OF A CUSTOMIZED JEWELRY ITEM, Timothy D. Saarela, et.al.,
Owner of Record: Jostens, Inc, Attorney or Agent: Brett A. Klein, Ex. Gp.:
2121
7,616,690, Re. S.N. 13,293,076, Nov. 09, 2011, Cl. 386, METHOD AND
APPARATUS FOR ADAPTIVE ENCODING FRAMED DATA SEQUENCES, Christophe De
Vleeschouwer, Vedri, Belgium, Owner of Record: IMEC, Leuven, Belgium,
Attorney or Agent: John M. Carson, Ex. Gp.: 2484
7,652,833, Re. S.N. 13. 359,298, Jan. 26, 2012, Cl. 359. 814, CAMERA
MODULE, Toshihiko Honma, Owner of Record: Mitsumi Electric Co., Ltd., Tokyo,
JP, Attorney or Agent: Alexander C. Johnson, Jr., Ex. Gp.: 2873
7,652,952, Re. S.N. 13. 359,400, Jan. 26, 2012, Cl. 367. 088, SONAR
IMAGING SYSTEM FOR MOUNTING TO WATERCRAFT, David A. Betts, et al., Owner of
Record: Johnson Outdoors Inc., Racine, WI, Attorney or Agent: Frank A.
DeLucia, Ex. Gp.: 2612
7,653,552, Re. S.N. 13/359,133, Jan. 26, 2012, Cl. 705. 001, DIGITAL FILE
MARKETPLACE, Vijay Vaidyanathan, et al, Owner of Record: Qurio Holdings,
Inc., Raleigh, NC, Attorney or Agent: Anthony J. Josephson, Ex. Gp.: 3629
7,659,872, Re. S.N. 13,357,237, Jan. 24, 2012, Cl. 345, PIXEL CIRCUIT AND
DISPLAY APPARATUS, Junichi Yamashita, Tokyo, Japan, Owner of Record: Sony
Corporation, Tokyo, Japan, Attorney or Agent: Christopher M. Tobin,
Ex. Gp.: 2629
7,710,825, Re. S.N. 13. 359,417, Jan. 26, 2012, Cl. 367. 107, SIDE SCAN
SONAR IMAGING SYSTEM WITH BOAT POSITION ON DISPLAY, David A. Betts, et al.,
Owner of Record: Johnson Outdoors Inc., Racine, WI, Attorney or Agent:
Frank A. DeLucia, Ex. Gp.: 3662
7,729,203, Re. S.N. 13. 359,427, Jan. 26, 2012, Cl. 367. 088, SIDE SCAN
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 139 |
SONAR IMAGING SYSTEM WITH ASSOCIATED GPS DATA, David A. Betts, et al.,
Owner of Record: Johnson Outdoors Inc., Racine, WI, Attorney or Agent:
Frank A. DeLucia, Ex. Gp.: 2612
7,755,974, Re. S.N. 13. 359,430, Jan. 26, 2012, Cl. 367. 088, SIDE SCAN
SONAR IMAGING SYSTEM WITH ENHANCEMENT, David A. Betts, et al., Owner of
Record: Johnson Outdoors Inc., Racine, WI, Attorney or Agent: Frank A.
DeLucia, Ex. Gp.: 2612
7,792,686, Re. S.N. 13,358,620, Jan. 26, 2012, Cl. 705, MEDICAL BENEFITS
PAYMENT SYSTEM, Robert M. Allen, Richardson, TX, Owner of Record: STONEEAGLE
SERVICE, INC., Attorney or Agent: Anton J. Hopen, Ex. Gp.: 3686
7,823,309, Re. S.N.: 13,335,311, Dec. 22, 2011, Cl.: 040/610, PORTABLE
PRESENTATION AND DISPLAY BOARDS, Abraham Albenda, Owner of Record: Inventor,
Attorney or Agent: Leonard Holtz, Ex. Gp.: 3611
7,860,465, Re. S.N.: 13,314,808, Dec. 08, 2011, Cl.: 455/101,
APPARATUS, AND ASSOCIATED METHOD, FOR PROVIDING OPEN LOOP DIVERSITY IN A
RADIO COMMUNICATION SYSTEM, Zhijun Cai, Owner of Record: Research In Motion
Limited, Attorney or Agent: Michael E. Cox, Ex. Gp.: 2617
7,947,681, Re. S.N. 13,299,499, Nov. 18, 2011, Cl. 514/249, METHODS OF
ADMINISTERING TETRAHYDROBIOPTERIN, Daniel I. Oppenheimer, et.al., Owner of
Record: Biomarin Pharmaceutical Inc, Novato, CA, Attorney or Agent: Shelley
C. Danek, Ex. Gp.: 1629
| Requests for Ex Parte Reexamination Filed |
Requests for Ex Parte Reexamination Filed
D. 594,949, Reexam. C.N. 90/012,048, Requested Date: Dec. 15, 2011,
Cl. D23/343, Title: TRIANGULAR PATIO HEATER, Inventor: Jianping Wang,
Owners of Record: Changzhou Gardensun Furnace, Co., LTD., China, Attorney
or Agent: Hoffman & Baron, LLP., Syosset, NY, Ex. Gp.: 2912, Requester:
Pierre R. Yanney, Stroock & Stroock & Lavan, LLP., New York, NY
5,255,309, Reexam. C.N. 90/012,065, Requested Date: Dec. 19, 2011,
Cl. 379/088, Title: TELEPHONIC-INTERFACE STATISTICAL ANALYSIS SYSTEM,
Inventor: Ronald A. Katz, Owners of Record: Ronald A. Katz Technology
Licensing, LP., Beverly Hills, CA, Attorney or Agent: Reena Kuyper, Los
Angeles, CA, Ex. Gp.: 3992, Requester: James Brooks, Orick Herrington &
Sutcliffe, LLP., Irvine, CA
5,261,009, Reexam. C.N. 90/009,974, Requested Date: Dec. 9, 2011,
Cl. 382/040, Title: MEANS FOR RESOLVING AMBIGUITIES IN TEXT BASED UPON
CHARACTER CONTEXT, Inventor: Mindy R. Bokser, Owners of Record: Nuance
Communications, Inc., Burlington, MA, Attorney or Agent: Sunstein Kann
Murphy & Timbers, LLP., Boston, MA, Ex. Gp.: 3992, Requester: Joseph E.
Palys, Finnegan Henderson Farabow Garrett & Dunner, LLP., Reston, VA
5,348,253, Reexam. C.N. 90/012,045, Requested Date: Dec. 12, 2011,
Cl. 244/091, Title: BLENDED WINGLET, Inventor: Louis B. Gratzer, Owners of
Record: Aviation Partners, Inc., Seattle, WA, Attorney or Agent: Bogle &
Gates, PLLC., Seattle, WA, Ex. Gp.: 3993, Requester: Donald R. Banowit,
Sterne Kessler Goldstein & Fox, PLLC., Washington, DC
5,561,707, Reexam. C.N. 90/012,066, Requested Date: Dec. 19, 2011,
Cl. 379/088, Title: TELEPHONIC-INTERFACE STATISTICAL ANALYSIS SYSTEM,
Inventor: Ronald A. Katz, Owners of Record: Ronald A. Katz Technology
Licensing, LP., Beverly Hills, CA, Attorney or Agent: Reena Kuyper, Los
Angeles, CA, Ex. Gp.: 3992, Requester: James Brooks, Orrick Herrington &
Sutcliff, LLP., Irvine, CA
5,684,863, Reexam. C.N. 90/012,062, Requested Date: Dec. 19, 2011,
Cl. 379/977, Title: TELEPHONIC-INTERFACE STATISTICAL ANALYSIS SYSTEM,
Inventor: Ronald A. Katz, Owners of Record: Ronald A. Katz Technology
Licensing, LP., Beverly Hills, CA, Attorney or Agent: Cooley, LLP.,
Washington, DC, Ex. Gp.: 3992, Requester: Jeffrey A. Cooper, Alston & Bird
LLP., Atlanta, GA
5,792,753, Reexam. C.N. 90/012,073, Requested Date: Dec. 28, 2011,
Cl. 514/054, Title: TREATMENT OF DISEASE EMPLOYING HYALURONIC ACID AND
NSAIDS, Inventor: Rudolf E. Falk et al., Owners of Record: Jagotec AG,
Switzlerand, Attorney or Agent: Baker & Hostetler, LLP., Washington, DC,
Ex. Gp.: 3991, Requester: Dawn C. Russell, Arent Fox, LLP., Washington, DC
5,852,002, Reexam. C.N. 90/012,054, Requested Date: Dec. 16, 2011,
Cl. 514/054, Title: TREATMENT OF CONDITIONS AND DISEASE, Inventor: Rudolf E.
Falk et al., Owners of Record: Jagotec AG, Switzerland, Attorney or Agent:
Baker & Hostetler, LLP., Washington, DC, Ex. Gp.: 3991, Requester: Scott M.
Daniels, Westerman Hattori Daniels & Adrian, Washington, DC
5,876,792, Reexam. C.N. 90/012,044, Requested Date: Dec. 12, 2011,
Cl. 427/171, Title: METHODS AND APPARATUS FOR CONTROLLED PLACEMENT OF A
POLYMER COMPOSITION INTO A WEB, Inventor: J. Michael Caldwell, Owners of
Record: Nextec Applications, Inc., Carlsbad, CA, Attorney or Agent:
Sheppard Mullin Richter & Hampton, LLP., San Diego, CA, Ex. Gp.: 3991,
Requester: Janal M. Kalis, Schwegman Lundberg & Woessner, PA., Minneapolis,
MN
5,951,785, Reexam. C.N. 90/012,049, Requested Date: Dec. 15, 2011,
Cl. 136/251, Title: PHOTO-VOLTAIC APPARATUS, Inventor: Kenji Uchihashi et
al., Owners of Record: Sanyo Electric Co., LTD., Japan, Attorney or Agent:
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 141 |
Darby & Darby, New York, NY, Ex. Gp.: 3991, Requester: Collin A. Rose,
Chamberlain Hrdlicka White Williams & Aughtry, PC., Houston, TX
6,029,111, Reexam. C.N. 90/012,070, Requested Date: Dec. 23, 2011,
Cl. 701/207, Title: VEHICLE NAVIGATION SYSTEM AND METHOD USING GPS
VELOCITIES, Inventor: Steven R. Croyle, Owners of Record: Beacon Navigation
GMBH, Switzerland, Attorney or Agent: Dorsey & Whitney, LLP., Seattle, WA,
Ex. Gp.: 3993, Requester: Volkswagen Group of America, Inc., Clifford A.
Ulrich, Kenyon & Kenyon, LLP., New York, NY
6,263,507, Reexam. C.N. 90/012,074, Requested Date: Dec. 28, 2011,
Cl. 725/134, Title: BROWSER FOR USE IN NAVIGATING A BODY OF INFORMATION,
WITH PARTICULAR APPLICATION TO BROWSING INFORMATION REPRESENTED BY
AUDIOVISUAL DATA, Inventor: Subutai Ahmad et al., Owners of Record: Interval
Licensing, LLC., Seattle, WA, Attorney or Agent: Edell Shapiro & Finnan,
LLC., Rockville, MD, Ex. Gp.: 3992, Requester: Lori A. Gordon, Sterne Kessler
Goldstein & Fox, PLLC., Washington, DC
6,520,642, Reexam. C.N. 90/012,067, Requested Date: Dec. 20, 2011,
Cl. 352/243, Title: CAMERA DOLLY, Inventor: Leonard T. Chapman, Owners of
Record: Chapman/Leonard Studio Equipment, North Hollywood, CA, Attorney or
Agent: Perkins Coie, LLP., Seattle, WA, Ex. Gp.: 3992, Requester: Cinetech
Italiana, SRL, K. David Crockett, Crockett & Crockett, PC., Mission Viejo,
CA
7,152,998, Reexam. C.N. 90/012,068, Requested Date: Dec. 21, 2011,
Cl. 362/252, Title: ASSEMBLABLE STRING TREE, Inventor: Rajeh Rahman,
Owners of Record: Sienna, LLC., Oakland, NJ, Attorney or Agent: Amster
Rothstein & Ebenstein, LLP., New York, NY, Ex. Gp.: 3992, Requester:
Christopher A. Bullard, Seed IP Law Group, PLLC., Seattle, WA
7,161,738, Reexam. C.N. 90/009,973, Requested Date: Dec. 8, 2011,
Cl. 359/586, Title: SECURE DOCUMENT OF VALUE AND METHOD OF MANUFACTURING
SAME, Inventor: John N. Disano et al., Owners of Record: Giesecke & Devrient
GMBH, Germany, Attorney or Agent: Faegre Baker Daniels, LLP., Fort Wayne, IN,
Ex. Gp.: 3991, Requester: Daniel Gmiterek, Canada
7,164,257, Reexam. C.N. 90/012,039, Requested Date: Dec. 9, 2011,
Cl. 320/134, Title: METHOD AND SYSTEM FOR PROTECTION OF A LITHIUM-BASED
MULTICELL BATTERY PACK INCLUDING A HEAT SINK, Inventor: Todd W. Johnson et
al., Owners of Record: Milwaukee Electric Tool Corp., Brookfield, WI,
Attorney or Agent: Michael Best & Friedrich, LLP., Milwaukee, WI, Ex. Gp.:
3992, Requester: Paul Devinsky, McDermott Will & Emery, LLP., Washington, DC
7,289,883, Reexam. C.N. 90/012,069, Requested Date: Dec. 22, 2011,
Cl. 700/245, Title: APPARATUS AND METHOD FOR PATIENT ROUNDING WITH A REMOTE
CONTROLLED ROBOT, Inventor: Yulun Wang et al., Owners of Record: InTouch
Technologies, Inc., Goleta, CA, Attorney or Agent: CPA Global, Minneapolis,
MN, Ex. Gp.: 3993, Requester: VGo Communications, Inc., Marc Hankin,
Hankin Patent Law, APC., Los Angeles, CA
7,908,979, Reexam. C.N. 90/009,976, Requested Date: Dec. 14, 2011,
Cl. 108/055, Title: A PALLET HAVING LOAD BEARING CAPABILITIES ON WHICH
ARTICLES MAY BE PLACED FOR STORAGE AND/OR TRANSPORTATION, Inventor:
Zane Yoshida et al., Owners of Record: Aeropal Technology SDN, BHD, Malaysia,
Attorney or Agent: Hamre Schumann Mueller & Larson, PC., Minneapolis, MN,
Ex. Gp.: 3993, Requester: Anthony G. Craig, Sci-Law Strategies, PC., Solana
Beach, CA
8,027,916, Reexam. C.N. 90/012,075, Requested Date: Dec. 30, 2011,
Cl. 705/039, Title: METHOD AND APPARATUS FOR SCREENING FINANCIAL
TRANSACTIONS,Inventor: Kenneth Algiene et al., Owners of Record: The Western
Union Company, Englewood, CO, Attorney or Agent: Kilpatrick Townsend &
Stockton, LLP., San Francisco, CA, Ex. Gp.: 3992, Requester: Nathan J. Rees,
Fulbright & Jaworski, LLP., Dallas, TX
| Requests for Inter Partes Reexamination Filed |
Requests for Inter Partes Reexamination Filed
6,472,614, Reexam. C.N.: 95/001,866, Requested Date: Jan. 5, 2012,
Cl.: 174/070, Title: DYNAMIC UMBILICALS WITH INTERNAL STEEL RODS, Inventor:
Wayne Dupont et al., Owners of Record: Technip France, France, Attorney or
Agent: Ostrolenk Faber, LLP., New York, NY, Ex. Gp.: 3992, Requester: Third
Party Requester: Aker Subsea, Inc.; (Att'y Is: Michael A. Hawes, Houston,
TX), Real Party in Interest: Same As Third Party Requester
6,530,876, Reexam. C.N.: 95/001,858, Requested Date: Dec. 19, 2011,
Cl.: 600/016, Title: SUPPLEMENTAL HEART PUMP METHODS AND SYSTEMS FOR
SUPPLEMENTING BLOOD THROUGH THE HEART, Inventor: Paul A. Spence, Owners of
Record: Paul A. Spence, Louisville, KY, Attorney or Agent: Wood Herron &
Evans, LLP., Cincinnati, OH, Ex. Gp.: 3993, Requester: Third Party
Requester: CircuLite, Inc.; (Att'y Is: Tarek N. Fahmi, SNR Denton US,
LLP., Chicago, IL), Real Party in Interest: Same As Third Party Requester
7,155,241, Reexam. C.N.: 95/001,864, Requested Date: Dec. 29, 2011,
Cl.: 455/458, Title: SYSTEMS AND METHODS FOR ENABLING A USER OF A
COMMUNICATION DEVICE TO MANAGE REMOTE INFORMATION, Inventor: Richard J.
Helferich, Owners of Record: Wireless Science, LLC., Chatsworth, CA,
Attorney or Agent: Intellevate, LLC., Minneapolis, MN, Ex. Gp.: 3992,
Requester: Third Party Requester: CBS Interactive, Inc.; (Att'y Is:
Andrea G. Reister, Covington & Burling, LLP., Washington, DC), Real Party
in Interest: Same As Third Party Requester
7,161,525, Reexam. C.N.: 95/001,860, Requested Date: Dec. 23, 2011,
Cl.: 3342/026, Title: TURBULENCE DISPLAY PRESENTATION, Inventor: Jeffrey A.
Finley et al., Owners of Record: Rockwell Collins, Inc., Cedar Rapids, IA,
Attorney or Agent: Rockwell Collins, Inc., Cedar Rapids, IA, Ex. Gp.: 3993,
Requester: Third Party Requester: Honeywell International, Inc.; (Att'y Is:
James A. Oliff, Oliff & Berridge, PLC., Alexandria, VA), Real Party in
Interest: Same As Third Party Requester
7,290,831, Reexam. C.N.: 95/001,859, Requested Date: Dec. 20, 2011,
Cl.: 296/203, Title: VEHICLE WITH LAYERED ROOF BUILD, Inventor: Michael G.
Poss et al., Owners of Record: GM Global Technology Operations, LLC.,
Detroit, MI, Attorney or Agent: General Motors Corporation, Detroit, MI,
Ex. Gp.: 3993, Requester: Third Party Requester: Ford Global Technologies,
LLC.; (Att'y Is: Allan A. Fanucci, Winston & Strawn, LLP., New York, NY),
Real Party in Interest: Same As Third Party Requester
7,468,073, Reexam. C.N.: 95/000,653, Requested Date: Dec. 17, 2011,
Cl.: 623/002, Title: HEART VALVE SYSTEM, Inventor: Keith M. Johnson et al.,
Owners of Record: Medtronic, Inc., Minneapolis, MN, Attorney or Agent:
Medtronic, Inc., Minneapolis, MN, Ex. Gp.: 3993, Requester: Third Party
Requester: Edwards Lifesciences Corp.; (Att'y Is: L. AnneMarie Kaiser,
Kilpatrick Townsend & Stockton, LLP., San Francisco, CA), Real Party in
Interest: Same As Third Party Requester
7,499,716, Reexam. C.N.: 95/001,867, Requested Date: Jan. 6, 2012,
Cl.: 455/458, Title: SYSTEM AND METHOD FOR DELIVERING INFORMATION TO A
TRANSMITTING AND RECEIVING DEVICE, Inventor: Richard J. Helferich,
Owners of Record: Wireless Science, LLC., Chatsworth, CA, Attorney or Agent:
Intellevate, LLC., Minneapolis, MN, Ex. Gp.: 3992, Requester: Third Party
Requester: CBS Interactive, Inc.; (Att'y Is: Andrea G. Reister, Covington &
Burling, LLP., Washington, DC), Real Party in Interest: Same As Third Party
Requester
7,503,929, Reexam. C.N.: 95/000,654, Requested Date: Dec. 17, 2011,
Cl.: 623/002, Title: PROSTHETIC HEART VALVE SYSTEM, Inventor: Keith M.
Johnson et al., Owners of Record: Medtronic, Inc., Minneapolis, MN,
Attorney or Agent: Medtronic, Inc., Minneapolis, MN, Ex. Gp.: 3993,
Requester: Third Party Requester: Edward Lifesciences Corp.; (Att'y Is:
AnneMarie Kaiser, Kilpatrick Townsend & Stockton, LLP., San Francisco, CA),
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 143 |
Real Party in Interest: Same As Third Party Requester
7,537,964, Reexam. C.N.: 95/001,849, Requested Date: Dec. 12, 2011,
Cl.: 438/113, Title: METHOD OF FABRICATING A MINIATURE SILICON CONDENSER
MICROPHONE, Inventor: Anthony D. Minervini, Owners of Record: Knowles
Electronics, LLC., Chicago, IL, Attorney or Agent: Dykema Gossett, PLLC.,
Chicago, IL, Ex. Gp.: 3992, Requester: Third Party Requester: Analog Devices,
Inc.; (Att'y Is: Robert M. Asher, Sunstein Kann Murphy & Timbers, LLP.,
Boston, MA), Real Party in Interest: Same As Third Party Requester
7,714,152, Reexam. C.N.: 95/001,865, Requested Date: Dec. 30, 2011,
Cl.: 549/536, Title: CARRIER FOR OLEFIN OXIDE CATALYST, Inventor: Serguei
Pak, Owners of Record: SD Lizenzverwertungsgesellschaft MBH & Co. KG,
Germany, Attorney or Agent: Scully Scott Murphy & Presser, PC., Garden City,
NJ, Ex. Gp.: 3991, Requester: Third Party Requester: Shell Oil Company;
(Att'y Is: Jason W. Bryan, Novak Druce & Quigg, LLP., Houston, TX), Real
Party in Interest: Same As Third Party Requester
7,921,211, Reexam. C.N.: 95/001,789, Requested Date: Oct. 18, 2011,
Cl.: 709/226, Title: AGILE NETWORK PROTOCOL FOR SECURE COMMUNICATIONS USING
SECURE DOMAIN NAMES, Inventor: Victor Larson et al., Owners of Record:
VirnetX, Inc., Zephyr Cove, NV, Attorney or Agent: McDermott Will & Emery,
Washington, DC, Ex. Gp.: 3992, Requester: Third Party Requester: Apple, Inc.;
(Att'y Is: Jeffrey P. Kushan, Sidley Austin, LLP., Dallas, TX), Real Party
in Interest: Same As Third Party Requester
7,974,912, Reexam. C.N.: 95/001,863, Requested Date: Dec. 28, 2011,
Cl.: 705/037, Title: PAID SEARCH ENGINE BID MANAGEMENT, Inventor: Juan C.
Velez et al., Owners of Record: Paid Search Engine Tools, LLC., Loveland,
OH, Attorney or Agent: Wood Herron & Evans, LLP., Cincinnati, OH, Ex. Gp.:
3992, Requester: Third Party Requester: Google, Inc. & Microsoft, Corp.;
(Att'y Is: Barry S. Goldsmith, Squire Sanders (US) LLP., Vienna,VA)
Real Party in Interest: Same As Third Party Requester
7,987,760, Reexam. C.N.: 95/001,828, Requested Date: Dec. 29, 2011,
Cl.: 089/001, Title: SYSTEMS AND METHODS FOR IGNITING EXPLOSIVES, Inventor:
Paul B. Lundquist et al., Owners of Record: Applied Energetics, Inc., Tucson,
AZ, Attorney or Agent: Duft Bornsen & Fishman, LLP., Boulder, CO, Ex. Gp.:
3993, Requester: Third Party Requester: Xtreme ADS Limited; (Att'y Is: James
R. Blaufuss, Woodard Emhardt Moriarty McNett & Henry, LLP., Indianapolis,
IN), Real Party in Interest: Same As Third Party Requester
8,018,049, Reexam. C.N.: 95/001,850, Requested Date: Dec. 23, 2011,
Cl.: 257/704, Title: SILICON CONDENSER MICROPHONE AND MANUFACTURING METHOD,
Inventor: Anthony D. Minervini, Owners of Record: Knowles Electronics, LLC.,
Chicago, IL, Attorney or Agent: Dykema Gossett, PLLC., Dallas, TX, Ex. Gp.:
3992, Requester: Third Party Requester: Analog Devices, Inc.; (Att'y Is:
Robert M. Asher, Sunstein Kann Murphy & Timbers, LLP., Boston, MA), Real
Party in Interest: Same As Third Party Requester
8,057,825, Reexam. C.N.: 95/001,819, Requested Date: Dec. 16, 2011,
Cl.: 424/522, Title: KRILL EXTRACTS FOR TREATMENT OF CARDIOVASCULAR DISEASES,
Inventor: Tina Sampalis, Owners of Record: Neptune Technologies &
Bioressources, Inc., Canada, Attorney or Agent: Cooley, LLP., Washington, DC,
Ex. Gp.: 3991, Requester: Third Party Requester: Akir BioMarine ASA;
(Att'y Is: J. Mitchell Jones, Casimir Jones, SC., Middleton, WI), 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
January 27, 2012
DUE TO FAILURE TO RENEW
Reg. Number Serial Number Reg. Date
2,464,697 78/005,189 06/26/2001
2,963,456 79/000,074 06/21/2005
2,963,457 79/000,089 06/21/2005
2,963,458 79/000,117 06/21/2005
2,963,459 79/000,123 06/21/2005
2,963,464 79/000,440 06/21/2005
2,963,466 79/000,473 06/21/2005
2,963,467 79/000,474 06/21/2005
2,963,468 79/000,549 06/21/2005
2,963,476 79/001,152 06/21/2005
2,963,480 79/001,427 06/21/2005
2,963,481 79/001,517 06/21/2005
717,173 72/107,067 06/20/1961
1,648,671 73/720,999 06/25/1991
1,648,806 73/839,554 06/25/1991
2,463,035 74/462,460 06/26/2001
2,463,040 74/627,694 06/26/2001
2,464,043 74/736,448 06/26/2001
2,464,045 75/031,196 06/26/2001
2,464,050 75/075,624 06/26/2001
2,464,053 75/120,776 06/26/2001
2,464,060 75/174,893 06/26/2001
2,464,062 75/184,107 06/26/2001
2,463,055 75/204,537 06/26/2001
2,463,058 75/220,175 06/26/2001
2,464,071 75/244,206 06/26/2001
2,464,073 75/250,741 06/26/2001
2,464,077 75/266,537 06/26/2001
2,463,062 75/282,516 06/26/2001
2,464,081 75/286,471 06/26/2001
2,464,087 75/297,416 06/26/2001
2,464,090 75/306,341 06/26/2001
2,463,069 75/309,609 06/26/2001
2,463,085 75/374,315 06/26/2001
2,464,116 75/384,163 06/26/2001
2,464,130 75/412,578 06/26/2001
2,463,099 75/423,923 06/26/2001
2,463,103 75/425,843 06/26/2001
2,463,107 75/429,223 06/26/2001
2,464,145 75/437,241 06/26/2001
2,464,147 75/437,834 06/26/2001
2,464,149 75/439,866 06/26/2001
2,464,150 75/440,309 06/26/2001
2,463,109 75/441,531 06/26/2001
2,464,156 75/451,700 06/26/2001
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 145 |
2,464,162 75/460,601 06/26/2001
2,464,167 75/466,278 06/26/2001
2,464,171 75/467,049 06/26/2001
2,464,172 75/467,918 06/26/2001
2,464,174 75/474,586 06/26/2001
2,464,183 75/480,752 06/26/2001
2,464,185 75/481,802 06/26/2001
2,463,122 75/487,824 06/26/2001
2,464,197 75/496,847 06/26/2001
2,463,127 75/506,153 06/26/2001
2,464,208 75/519,813 06/26/2001
2,464,210 75/523,092 06/26/2001
2,463,135 75/523,394 06/26/2001
2,463,138 75/526,506 06/26/2001
2,463,140 75/529,441 06/26/2001
2,463,144 75/540,580 06/26/2001
2,464,220 75/541,513 06/26/2001
2,464,222 75/542,570 06/26/2001
2,463,149 75/548,887 06/26/2001
2,463,153 75/558,972 06/26/2001
2,464,240 75/562,938 06/26/2001
2,463,155 75/563,589 06/26/2001
2,464,245 75/568,811 06/26/2001
2,464,247 75/570,890 06/26/2001
2,464,253 75/574,922 06/26/2001
2,464,257 75/578,302 06/26/2001
2,464,268 75/586,017 06/26/2001
2,463,185 75/598,525 06/26/2001
2,464,280 75/599,527 06/26/2001
2,464,282 75/599,805 06/26/2001
2,464,286 75/603,117 06/26/2001
2,464,289 75/603,663 06/26/2001
2,463,188 75/603,982 06/26/2001
2,463,189 75/605,931 06/26/2001
2,464,291 75/606,489 06/26/2001
2,464,297 75/610,739 06/26/2001
2,464,299 75/612,393 06/26/2001
2,464,305 75/617,568 06/26/2001
2,463,201 75/624,393 06/26/2001
2,464,316 75/624,533 06/26/2001
2,464,323 75/628,343 06/26/2001
2,464,328 75/634,788 06/26/2001
2,464,331 75/635,510 06/26/2001
2,463,204 75/635,619 06/26/2001
2,464,339 75/642,414 06/26/2001
2,464,350 75/652,004 06/26/2001
2,464,353 75/655,108 06/26/2001
2,464,356 75/656,861 06/26/2001
2,464,361 75/659,167 06/26/2001
2,463,230 75/667,679 06/26/2001
2,464,377 75/672,904 06/26/2001
2,463,234 75/674,069 06/26/2001
2,464,379 75/676,150 06/26/2001
2,464,381 75/678,014 06/26/2001
2,463,241 75/679,979 06/26/2001
2,463,242 75/681,282 06/26/2001
2,463,244 75/681,754 06/26/2001
2,464,391 75/692,739 06/26/2001
2,463,254 75/693,902 06/26/2001
2,464,393 75/696,311 06/26/2001
2,463,263 75/707,134 06/26/2001
2,464,413 75/711,949 06/26/2001
2,464,418 75/714,298 06/26/2001
2,464,427 75/722,991 06/26/2001
2,464,428 75/723,594 06/26/2001
2,463,276 75/727,437 06/26/2001
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 146 |
2,464,432 75/729,566 06/26/2001
2,463,297 75/738,332 06/26/2001
2,463,298 75/738,509 06/26/2001
2,464,447 75/739,376 06/26/2001
2,464,449 75/740,836 06/26/2001
2,463,309 75/745,085 06/26/2001
2,463,311 75/745,612 06/26/2001
2,463,314 75/749,094 06/26/2001
2,464,476 75/762,624 06/26/2001
2,463,343 75/768,095 06/26/2001
2,464,486 75/780,814 06/26/2001
2,464,489 75/781,440 06/26/2001
2,464,501 75/788,234 06/26/2001
2,464,502 75/788,235 06/26/2001
2,464,503 75/788,274 06/26/2001
2,463,375 75/789,935 06/26/2001
2,463,377 75/790,574 06/26/2001
2,464,510 75/791,889 06/26/2001
2,463,384 75/794,588 06/26/2001
2,464,517 75/796,130 06/26/2001
2,463,402 75/800,858 06/26/2001
2,463,404 75/802,162 06/26/2001
2,463,405 75/802,490 06/26/2001
2,463,409 75/807,355 06/26/2001
2,464,538 75/808,896 06/26/2001
2,464,540 75/809,270 06/26/2001
2,464,541 75/809,323 06/26/2001
2,464,549 75/810,466 06/26/2001
2,463,412 75/810,742 06/26/2001
2,463,413 75/812,055 06/26/2001
2,464,557 75/817,184 06/26/2001
2,464,563 75/821,725 06/26/2001
2,463,434 75/822,216 06/26/2001
2,464,726 75/824,522 06/26/2001
2,463,438 75/825,618 06/26/2001
2,463,442 75/826,408 06/26/2001
2,464,574 75/827,616 06/26/2001
2,464,577 75/828,606 06/26/2001
2,463,446 75/829,545 06/26/2001
2,464,581 75/829,614 06/26/2001
2,464,585 75/832,007 06/26/2001
2,463,451 75/833,295 06/26/2001
2,464,587 75/833,411 06/26/2001
2,464,589 75/833,954 06/26/2001
2,463,456 75/836,052 06/26/2001
2,463,458 75/837,465 06/26/2001
2,463,459 75/837,771 06/26/2001
2,463,461 75/838,055 06/26/2001
2,464,593 75/839,599 06/26/2001
2,464,598 75/841,534 06/26/2001
2,463,477 75/846,481 06/26/2001
2,464,611 75/847,545 06/26/2001
2,463,480 75/848,408 06/26/2001
2,463,481 75/848,464 06/26/2001
2,464,729 75/852,792 06/26/2001
2,464,619 75/853,243 06/26/2001
2,464,620 75/853,443 06/26/2001
2,463,488 75/853,572 06/26/2001
2,464,631 75/864,367 06/26/2001
2,464,633 75/866,205 06/26/2001
2,464,731 75/867,961 06/26/2001
2,464,637 75/869,556 06/26/2001
2,464,638 75/869,734 06/26/2001
2,463,512 75/871,322 06/26/2001
2,464,644 75/873,197 06/26/2001
2,464,649 75/877,187 06/26/2001
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2,463,521 75/878,166 06/26/2001
2,464,733 75/878,591 06/26/2001
2,464,734 75/879,044 06/26/2001
2,464,654 75/879,877 06/26/2001
2,463,535 75/882,725 06/26/2001
2,463,538 75/884,252 06/26/2001
2,463,547 75/886,810 06/26/2001
2,463,560 75/892,394 06/26/2001
2,463,571 75/897,220 06/26/2001
2,464,739 75/899,908 06/26/2001
2,463,576 75/901,050 06/26/2001
2,463,598 75/913,956 06/26/2001
2,463,599 75/914,092 06/26/2001
2,463,602 75/915,889 06/26/2001
2,464,746 75/919,029 06/26/2001
2,463,613 75/920,262 06/26/2001
2,463,623 75/927,835 06/26/2001
2,464,676 75/950,341 06/26/2001
2,464,750 75/960,478 06/26/2001
2,463,650 75/960,494 06/26/2001
2,464,687 75/980,405 06/26/2001
2,464,690 75/980,491 06/26/2001
2,464,691 75/980,496 06/26/2001
2,463,662 76/005,534 06/26/2001
2,463,666 76/006,487 06/26/2001
2,463,678 76/009,649 06/26/2001
2,463,683 76/011,980 06/26/2001
2,463,686 76/012,550 06/26/2001
2,463,687 76/012,551 06/26/2001
2,463,689 76/012,562 06/26/2001
2,463,692 76/012,568 06/26/2001
2,463,702 76/016,685 06/26/2001
2,463,711 76/021,360 06/26/2001
2,463,718 76/025,027 06/26/2001
2,463,719 76/026,131 06/26/2001
2,463,727 76/028,043 06/26/2001
2,463,729 76/028,647 06/26/2001
2,463,731 76/028,696 06/26/2001
2,463,732 76/028,724 06/26/2001
2,463,740 76/031,038 06/26/2001
2,463,747 76/034,033 06/26/2001
2,463,757 76/035,643 06/26/2001
2,463,763 76/037,049 06/26/2001
2,463,767 76/038,403 06/26/2001
2,463,770 76/039,204 06/26/2001
2,463,781 76/043,311 06/26/2001
2,463,786 76/044,188 06/26/2001
2,463,788 76/044,465 06/26/2001
2,463,791 76/044,625 06/26/2001
2,463,793 76/044,939 06/26/2001
2,463,801 76/046,052 06/26/2001
2,463,806 76/046,349 06/26/2001
2,463,825 76/050,899 06/26/2001
2,463,829 76/051,276 06/26/2001
2,463,835 76/052,037 06/26/2001
2,463,836 76/052,123 06/26/2001
2,463,848 76/055,143 06/26/2001
2,463,870 76/058,819 06/26/2001
2,463,900 76/063,641 06/26/2001
2,463,901 76/063,683 06/26/2001
2,463,905 76/063,915 06/26/2001
2,463,916 76/065,122 06/26/2001
2,463,917 76/065,548 06/26/2001
2,463,918 76/065,738 06/26/2001
2,463,927 76/067,418 06/26/2001
2,463,933 76/068,292 06/26/2001
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2,463,938 76/069,642 06/26/2001
2,463,939 76/069,763 06/26/2001
2,463,942 76/069,868 06/26/2001
2,463,955 76/072,835 06/26/2001
2,463,968 76/075,456 06/26/2001
2,463,973 76/076,756 06/26/2001
2,463,975 76/076,862 06/26/2001
2,463,983 76/078,276 06/26/2001
2,463,996 76/083,020 06/26/2001
2,464,009 76/086,231 06/26/2001
2,464,011 76/087,428 06/26/2001
2,464,018 76/089,994 06/26/2001
2,464,761 76/146,024 06/26/2001
2,464,030 78/006,837 06/26/2001
2,464,031 78/006,839 06/26/2001
2,464,034 78/011,435 06/26/2001
| 37 CFR 1.47 Notice by Publication |
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of the inventor. 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 (Songly Mu) 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/US2009/035573 and was
filed on 27 July 2009, in the names of Andrew T. Fausak, Songly Mu and
Darren Ybarra, for the invention entitled SYSTEM AND METHOD FOR MEASURING
POWER USAGE. The national stage application number is 12/919,680 and has a
35 U.S.C. §371(c)(1), (c)(2) and (c)(4) date of 22 November 2010.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of all the 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 (Colin FULLALOVE) 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/GB2007/003520
and was filed 18 September 2007 in the names of Colin FULLALOVE, Colin
GRADWELL, Rosa BRADLEY, and Nick BRAILEY for the invention entitled PLATFORM
SCREEN DOOR. The national stage number is 12/514,754 and has a 35 U.S.C.
371(c) date of 02 June 2011.
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 (Brian L. DRUMMOND) 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/US2010/026772
and was filed on 10 March 2010 in the names of Brian L. DRUMMOND and Turhan
L. RAHMAN for the invention entitled HARDWARE AND METHOD OF NUMERICAL
INTEGRATION. The national stage application number is 13/255,692 and has a
35 U.S.C. 371 date of 22 December 2011.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of a joint inventor. 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 (John L. GALLAGHER) 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/US2009/062712 and was filed
on October 30, 2009 in the names of Denise A. SILVA, Josephine CHEUNG, Paul
SANDBERG, Lawrence R. ROBERTS, Durga V. SUBRAMANIAN, John L. GALLAGHER and
Lawrence L. KUO for the invention entitled SUPPRESSION OF ANTAGONISTIC
HYDRATION REACTIONS IN BLENDED CEMENTS. The national stage application number
is 13/119,306 and has a 35 U.S.C. 371(c)(1), (2) and (4) date of March 16,
2011.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of the inventor. The petition has been granted. A notice has been
sent to the last known address of each non-signing inventor. The inventor
whose signature is missing (Petri Pohjanen) 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/FI2009/050397 and was filed
on 30 June 2008, in the name of Petri Pohjanen for the invention entitled
PRODUCING AN IMAGE. The national stage application number is 12/663,770 and
has a date under 35 U.S.C. §371(c)(1), (c)(2) and (c)(4) of 21 May 2010.
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 March 9, 2012 at the
following address: Mail Stop OED United States Patent and Trademark Office
P.O. Box 1450 Alexandria VA 22314
Abeles, Tom, 22 Bellair Place, San Francisco, CA 94133
Amendt, Kevin Christopher, Mintz Levin, One Financial Center, Boston,
MA 02111
Anumula, Shashank, 624 Jamie Circle, King of Prussia, PA 19406
Baxter, James Boone, 2480 Ivey Oaks Road, Cumming, GA 30041
Blatter, Christopher Michael, 6769 W 86th Place, Apartment 1, Los Angeles,
CA 90045
Bowers, Carl Alexander, Kilpatrick Townsend & Stockton LLP, 2 Embarcadero
Center, 8th Floor, San Francisco, CA 94111
Christiansen, Richard Bert, Knobbe, Martens, Olson & Bear, 12790 El Camino
Real, San Diego, CA 92130
DeVore, Christopher Alan, 5228 Sunset Ridge, Mason, OH 45040
Farina, Stacie Nicole, 3283 Talbert Circle, Rochester Hills, MI 48307
Forsberg, Amelia Suhani,1000 SW Vista Avenue, Apartment 417, Portland,
OR 97205
Greib, Gary Ronald, Delphi, 5725 Delphi Drive, Troy, MI 48098-2815
Idogawa, Yoshinobu, Panasonic Corporation of North America, 1130 Connecticut
Avenue, NW, Suite 1100, Washington, DC 20036
Jackson, Waukeshi Denise, 1131 Midsummer Court, N E, Marietta, GA 30068
Khankin, Alina Klaire, Curtis, Mallet-Prevost, Colt & Mosle, 101 Park
Avenue, 35th Floor, Room 3668, New York, NY 10178
Krueger, Kent Karl, 447 Amelia Court, Loveland, CO 80537
Leach, David Gregory, 3 Oxford Rd., Manalapan, NJ 07726
Lee, Paul Joon, 23767 Highland Valley Road, Diamond Bar, CA 91765
Levine, Joshua Harris, United States Patent and Trademark Office, 600 Dulany
Street, Alexandria, VA 22314
Liu, Yunhao, Tech Miner IP Consulting, 107 Aster Place, Chapel Hill,
NC 27516
Liu, Huilu, 223 Commodore Drive, Richmond, CA 94804
Ludwig, David Keeler, 2517 Oak Hollow Road, Vestal, NY 13850
Mellema, Joseph James, Stradling, Yocca, Carlson & Rauth, 660 Newport Center
| February 21, 2012 |
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Drive, Suite 1600, Newport Beach, CA 92660
Michaels, Andrew Charles, 1499 Massachusetts Avenue NW, Apartment #801,
Washington, DC
20005
Milner, Jessica Samara, 211 West 56th Street #5F, New York City, NY 10019
Parker, Brandi Patrice, 6106 Gray Wolf Court, Waldorf, MD 20603
Phipps, Michael John, 1350 SW Alsbury Boulevard, #320, Burleson, TX 76028
Quillia, Garrett Kent, Hoffman Warnick LLC, 124 Evergreen Lane, White River
Jct., VT 05001
Rector, Brent Eugene, 13406 NE 108th Street, Redmond, WA 98052
Rossi, Juan Ignacio, 710 S Cherry Grove Avenue, #304, Annapolis, MD 21401
Sakai, Hajime, Columbia University Station, P.O. Box 250683, New York,
NY 10025-1528
Scala, Nicholas William. 15 Warren Street, Apartment 4, Concord, NH 03301
Shelowitz, Bradley Jay, 14 Redan Drive, Smithtown, NY 11787
Shen, Weimin, 5921 Dorrington Circle, Glen Allen, VA 23059
Slater, Alison Theresa, 15 Colonial Avenue, Nashua, NH 03062-1159
Tachi, Hidenori, Kao Brands Company, c/o Oblon, Spivak, et al., 1940 Duke
Street, Alexandria, VA 22314
Thornock, Richard Thomas, 939 S Freedom Boulevard, Apartment #11, Provo,
UT 84601
Tse, Michael Yuk Ko, 677 33rd Avenue, San Francisco, CA 94121
Weglarz, Daniel Thomas, 1251 Boston Avenue, Bay Shore, NY 11706
Wong, Brian Donald, Pomeron LLC, 751 Laurel Street, Suite 855, San Carlos,
CA 94070
Woodruff IV, Paden Eskew. Woodruff & Black LLC, 1008-2 Holland Drive,
Tallahassee, FL 32301
Wren, Amy Marie, 1912 S. 5th Street, #437, Waco, TX 76706
Wu, Yujane, 3923 Appalachian Trail, Kingwood, TX 77345
Yu, Yi, 4133 William Dehaes, Irving, TX 75038
January 24, 2012 WILLIAM J. GRIFFIN
Acting Director of Enrollment and Discipline
Notice of Exclusion
This concerns Jesse Paul Suplizio of Phoenix, Arizona, an attorney
admitted to practice law in the State of Arizona, who is not a registered
patent practitioner and who is not authorized to practice patent law before
the United States Patent and Trademark Office ("USPTO"). In a reciprocal
disciplinary proceeding, the USPTO Director has ordered that Mr. Suplizio be
excluded from the practice of trademark and other non-patent law before the
USPTO for violating 37 C.F.R. § 10.23(b)(6) via 37 C.F.R. § 10.23(c)(5) when
he was disbarred on ethical grounds from the practice of law in the State of
Arizona.
The Arizona Supreme Court issued an order disbarring Mr. Suplizio based
on uncontested evidence that Mr. Suplizio's conduct violated the following
Arizona Ethics Rules: ER 1.2 (Scope of Representation and Allocation of
Authority Between Client and Lawyer); ER 1.3 (Diligence); ER 1.4
(Communication); ER 1.15 (Safekeeping Property); ER 1.16(d) (Declining or
Terminating Representation); and ER 8.1(b) (Bar Admission and Disciplinary
Matters) by failing to disclose a necessary fact in a disciplinary matter.
This action is taken pursuant to the provisions of 35 U.S.C. §§ 2(b)(2)(D)
and 32, and 37 C.F.R. §§ 11.24 and 11.59. Disciplinary decisions involving
practitioners are posted for public reading at the Office of Enrollment and
Discipline's Reading Room located at:
http://des.uspto.gov/Foia/OEDReadingRoom.jsp.
January 25, 2012 JAMES O. PAYNE
Deputy General Counsel for General Law
United States Patent and Trademark Office
on behalf of
DAVID KAPPOS
Under Secretary of Commerce For Intellectual Property and
Director of the United States Patent and Trademark Office
| Changes to Implement the Supplemental Examination Provisions of the Leahy-Smith America Invents Act and To Revise Reexamination Fees |
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No. PTO-P-2011-0075]
RIN 0651-AC69
Changes To Implement the Supplemental Examination Provisions of
the Leahy-Smith America Invents Act and To Revise Reexamination Fees
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
SUMMARY: The United States Patent and Trademark Office (Office) is
proposing to amend the rules of practice in patent cases to implement
the supplemental examination provisions of the Leahy-Smith America
Invents Act. The supplemental examination provisions permit a patent
owner to request supplemental examination of a patent by the Office to
consider, reconsider, or correct information believed to be relevant to
the patent. These provisions could assist the patent owner in
addressing certain challenges to the enforceability of the patent
during litigation. The Office is also proposing to adjust the fee for
filing a request for ex parte reexamination and to set a fee for
petitions filed in ex parte and inter partes reexamination proceedings
to more accurately reflect the cost of these processes.
DATES: Written comments must be received on or before March 26, 2012.
ADDRESSES: Comments should be sent by electronic mail message over the
Internet addressed to: supplemental_examination@uspto.gov. Comments
may also be submitted by postal mail addressed to: Mail Stop Comments -
Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-
1450, marked to the attention of Cynthia L. Nessler, Senior Legal
Advisor, Office of Patent Legal Administration, Office of the Associate
Commissioner for Patent Examination Policy.
Comments may also be sent by electronic mail message over the
Internet via the Federal eRulemaking Portal. See the Federal
eRulemaking Portal Web site (http://www.regulations.gov) for additional
instructions on providing comments via the Federal eRulemaking Portal.
Although comments may be submitted by postal mail, the Office
prefers to receive comments by electronic mail message over the
Internet because sharing comments with the public is more easily
accomplished. Electronic comments are preferred to be submitted in
plain text, but also may be submitted in ADOBE[reg] portable document
format or MICROSOFT WORD[reg] format. Comments not submitted
electronically should be submitted on paper in a format that
facilitates convenient digital scanning into ADOBE[reg] portable
document format.
The comments will be available for public inspection at the Office
of the Commissioner for Patents, currently located in Madison East,
Tenth Floor, 600 Dulany Street, Alexandria, Virginia. Comments also
will be available for viewing via the Office's Internet Web site
(http://www.uspto.gov). Because comments will be made available for
public inspection, information that the submitter does not desire to
make public, such as an address or phone number, should not be included
in the comments.
FOR FURTHER INFORMATION CONTACT: Cynthia L. Nessler, Senior Legal
Advisor ((571) 272-7724), Kenneth M. Schor, Senior Legal Advisor ((571)
272-7710), or Pinchus M. Laufer, Senior Legal Advisor ((571) 272-7726),
Office of Patent Legal Administration, Office of the Associate
Commissioner for Patent Examination Policy.
SUPPLEMENTARY INFORMATION: The Leahy-Smith America Invents Act was
enacted into law on September 16, 2011. See Public Law 112-29, 125
| February 21, 2012 |
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Stat. 284 (2011). The Office is proposing to amend the rules of
practice in title 37 of the Code of Federal Regulation (CFR) to
implement the supplemental examination provisions of section 12 of the
Leahy-Smith America Invents Act. These provisions permit a patent owner
to request supplemental examination of a patent by the Office to
consider, reconsider, or correct information believed to be relevant to
the patent. The Office is also proposing to set certain fees to
implement supplemental examination, to adjust the fee for filing a
request for ex parte reexamination, and to set a fee for petitions
filed in ex parte and inter partes reexamination proceedings.
Section 12 of the Leahy-Smith America Invents Act amends chapter 25
of title 35, United States Code, to add new 35 U.S.C. 257. 35 U.S.C.
257(a) provides for a proceeding titled "supplemental examination"
that may be requested by the patent owner to consider, reconsider, or
correct information believed to be relevant to the patent in accordance
with requirements established by the Office. The information that may
be presented in a request for supplemental examination is not limited
to patents and printed publications, and may include, for example,
issues of patentability under 35 U.S.C. 101 and 112. Within three
months of the receipt of a request for supplemental examination meeting
the requirements of 35 U.S.C. 257, which include the requirements
established by the Office, the Office shall conduct supplemental
examination and shall conclude the examination (i.e., determine whether
there is a substantial new question of patentability) by the issuance
of a supplemental examination certificate. The supplemental examination
certificate shall indicate whether the items of information presented
in the request raise a substantial new question of patentability.
If the supplemental examination certificate, which is issued under
35 U.S.C. 257(a), indicates that a substantial new question of
patentability is raised by one or more items of information in the
request for supplemental examination, the certificate will indicate
that ex parte reexamination has been ordered by the Office. The
resulting ex parte reexamination proceeding will be conducted according
to ex parte reexamination procedures, except that the patent owner does
not have the right to file a statement pursuant to 35 U.S.C. 304, and
the basis of the ex parte reexamination is not limited to patents and
printed publications. Each substantial new question of patentability
identified during the supplemental examination proceeding will be
addressed by the Office during the resulting ex parte reexamination
proceeding. See 35 U.S.C. 257(b).
35 U.S.C. 257(c) specifies the effect of a supplemental examination
under 35 U.S.C. 257(a) on the enforceability of the patent. 35 U.S.C.
257(c)(1) provides that, with two exceptions, a patent shall not be
held unenforceable on the basis of conduct relating to information that
had not been considered, was inadequately considered, or was incorrect
in a prior examination of the patent if the information was considered,
reconsidered, or corrected during a supplemental examination of the
patent. The first exception is that 35 U.S.C. 257(c)(1) shall not apply
to an allegation pled with particularity in a civil action, or set forth
with particularity in a notice received by the patent owner under section
505(j)(2)(B)(iv)(II) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
355(j)(2)(B)(iv)(II)), before the date of a supplemental examination
request under 35 U.S.C. 257(a) to consider, reconsider, or correct
information forming the basis for the allegation (35 U.S.C. 257(c)(2)(A)).
The second exception is that in an action brought under section 337(a) of
the Tariff Act of 1930 (19 U.S.C. 1337(a)), or 35 U.S.C. 281, 35 U.S.C.
257(c)(1) shall not apply to any defense raised in the action that is
based upon information that was considered, reconsidered, or corrected
pursuant to a supplemental examination request under 35 U.S.C. 257(a),
unless the supplemental examination, and any ex parte reexamination ordered
pursuant to the request, are concluded before the date on which the action
is brought (35 U.S.C. 257(c)(2)(B)). 35 U.S.C. 257(c)(1) also provides that
the making of a request for supplemental examination under 35 U.S.C. 257(a),
or the absence thereof, shall not be relevant to enforceability of the
patent under 35 U.S.C. 282.
35 U.S.C. 257(d)(1) provides the Director with authority to
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
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establish fees for filing a request for supplemental examination and
for considering each item of information submitted with the request. If
ex parte reexamination is ordered under 35 U.S.C. 257(b), 35 U.S.C.
257(d)(1) also establishes that the fees applicable to ex parte
reexamination must be paid in addition to the fees for supplemental
examination. 35 U.S.C. 257(d)(2) provides the Director with authority
to establish regulations governing the requirements of a request for
supplemental examination, including its form and content.
In accordance with 35 U.S.C. 257(e), if the Office becomes aware,
during the course of supplemental examination or of any ex parte
reexamination ordered under 35 U.S.C. 257, of a material fraud on the
Office involving the patent requested to be examined, the Office shall
refer the matter to the U.S. Attorney General, in addition to any other
actions the Office is authorized to take, including the cancellation of
any claims found to be invalid under 35 U.S.C. 307 as a result of ex
parte reexamination ordered under 35 U.S.C. 257. The Office regards the
term "material fraud" in 35 U.S.C. 257(e) to be narrower in scope
than inequitable conduct as defined by the U.S. Court of Appeals for
the Federal Circuit in Therasense, Inc. v. Becton, Dickinson & Co., 649
F.3d 1276 (Fed. Cir. 2011).
Section 12 of the Leahy-Smith America Invents Act also indicates,
as discussed previously, that nothing in 35 U.S.C. 257 precludes the
imposition of sanctions based upon criminal or antitrust laws
(including 18 U.S.C. 1001(a)), the first section of the Clayton Act,
and section 5 of the Federal Trade Commission Act to the extent that
section relates to unfair methods of competition). See 35 U.S.C.
257(f)(1). Section 12 of the Leahy-Smith America Invents Act sets forth
rules of construction, providing that 35 U.S.C. 257 shall not be
construed to limit the authority of the Office to investigate issues of
possible misconduct or impose sanctions for misconduct involving
matters or proceedings before the Office, or to issue regulations under
35 U.S.C. 32 or 35 U.S.C. 33 relating to sanctions for misconduct by
patent practitioners. See 35 U.S.C. 257(f)(2) and (f)(3).
To implement the supplemental examination provisions of the Leahy-
Smith America Invents Act, the Office is proposing to amend the rules
of practice in patent cases as set forth herein. A request for
supplemental examination of a patent must be filed by the patent owner.
Each request for supplemental examination is limited to the
presentation of ten items of information. Supplemental examination
addresses allegations of inequitable conduct during patent litigation,
which allegations typically concern far fewer than ten items of
information. In addition, if a limit of ten items of information is not
sufficient for a particular situation, more than one request for
supplemental examination of the same patent may be filed at any time.
The request for supplemental examination must be accompanied by the
fees for processing and treating an ex parte reexamination ordered
under 35 U.S.C. 257, as well as any applicable document size fees. The
request for supplemental examination must meet certain content
requirements. Specifically, the request for supplemental examination
must include an identification of the patent for which supplemental
examination is requested; a list of each item of information and its
publication date, if applicable; a list identifying any other prior or
concurrent post patent Office proceedings involving the patent to be
examined; an identification of each aspect of the patent to be
examined; an identification of each issue raised by each item of
information; a separate, detailed explanation for each identified
issue; an explanation of how each item of information is relevant to
each aspect of the patent to be examined and of how each item of
information raises each identified issue; a copy of each item of
information; and a summary of the relevant portions of any submitted
document, other than the request, that is over 50 pages in length. A
request for supplemental examination that does not comply with the
content requirements may not be granted a filing date. The Office may
hold in abeyance action on any petition or other paper filed in a
supplemental examination proceeding until after the proceeding is
concluded by the electronic issuance of the supplemental examination
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
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certificate.
Within three months following the filing date of a request for
supplemental examination, the Office will determine whether a
substantial new question of patentability affecting any claim of the
patent is raised by the items of information presented and identified
in the request. The supplemental examination certificate will state the
result of this determination. If the supplemental examination
certificate states that a substantial new question of patentability is
raised by one or more items of information in the request, ex parte
reexamination of the patent will be ordered under 35 U.S.C. 257. Upon
the conclusion of the ex parte reexamination proceeding, an ex parte
reexamination certificate, which will include a statement specifying
that ex parte reexamination was ordered under 35 U.S.C. 257, will be
published as an attachment to the patent. The electronically issued
supplemental examination certificate will also remain as part of the
public record for the patent. If the supplemental examination
certificate states that no substantial new question of patentability
was found, and ex parte reexamination will not be ordered, then the
electronically issued supplemental examination certificate will be
published in due course as an attachment to the patent.
The Office must make its determination whether the items of
information presented in the request raise a substantial new question
of patentability within three months of the filing date of the
supplemental examination request. Unlike a request for ex parte
reexamination, the items of information presented in a request for
supplemental examination are not limited to patents and printed
publications. The items of information may include any information
which the patent owner believes to be relevant to the patent, and which
was not considered, was inadequately considered, or was incorrect
during the prior examination of the patent. See 35U.S.C. 257(a) and (c).
Thus, the variety of information that is permitted to be submitted in a
request for supplemental examination, including, for example, transcripts
of audio or video recordings, is more extensive than the information
permitted to be submitted in an ex parte reexamination proceeding. The
information permitted in a supplemental examination is anticipated to be
more resource-intensive than patents and printed publications to process,
review, and treat, because the patent owner may present, in supplemental
examination, an item of information that raises multiple issues in addition
to those permitted to be raised in ex parte reexamination. For example, the
patent owner may present one item of information that raises multiple
issues of patentability, including issues under 35 U.S.C. 101 and issues
under 35 U.S.C. 112 with respect to the original disclosure. For these
reasons, the requirements set forth in the proposed rules are designed to
permit efficient processing and treatment of each request for
supplemental examination within the statutory three-month time period,
and to complete any subsequent ex parte reexamination ordered as a result
of the supplemental examination proceeding with special dispatch.
Discussion of Specific Rules
The following is a discussion of proposed amendments to Title 37 of
the Code of Federal Regulations, Part 1.
Section 1.20: The Office is proposing to amend § 1.20 to set
fees to implement supplemental examination, to adjust the fee for
filing a request for ex parte reexamination, and to set a fee for
petitions filed in ex parte and inter partes reexamination proceedings.
The authority to set fees for filing a request for supplemental
examination and to consider each item of information submitted in the
request is provided for in 35 U.S.C. 257(d)(1). See 35 U.S.C. 257(d)(1)
("[t]he Director shall by regulation establish fees for the submission
of a request for supplemental examination of a patent, and to consider
each item of information submitted in the request"). The authority to
set fees for filing a request for ex parte reexamination is provided
for in 35 U.S.C. 302. See 35 U.S.C. 302 ("[t]he request must be in
writing and must be accompanied by payment of a reexamination fee
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established by the Director pursuant to the provisions of [35 U.S.C.
41]").
Section 10(a) of the Leahy-Smith America Invents Act provides that
the Office may set or adjust by rule any patent fee established,
authorized, or charged under title 35, United States Code, provided
that such fees only recover the aggregate estimated costs to the Office
for processing, activities, services, and materials relating to patents
(including administrative costs). See Public Law 112-29, 125 Stat. 283,
316 (2011).
Sections 10(d) and (e) of the Leahy-Smith America Invents Act set
out a process that must be followed when the Office is using its
authority under section 10(a) to set or adjust patent fees. See Public
Law 112-29, 125 Stat. at 317-18. This process does not feasibly permit
supplemental examination and the related ex parte and inter partes
reexamination fees to be in place by September 16, 2012 (the effective
date of the supplemental examination provisions of the Leahy-Smith
America Invents Act). Therefore, the Office is setting these fees
pursuant to its authority under 35 U.S.C. 41(d)(2) in this rulemaking,
which provides that fees for all processing, services, or materials
relating to patents not specified in 35 U.S.C. 41 are to be set at
amounts to recover the estimated average cost to the Office of such
processing, services, or materials. See 35 U.S.C. 41(d)(2). The
Office's analysis of the estimated fiscal year 2013 costs for
supplemental examination, ex parte reexamination, and petitions filed
in ex parte and inter partes reexamination proceedings is available via
the Office's Internet Web site (http://www.uspto.gov). The estimated
fiscal year 2013 cost amounts are rounded to the nearest ten dollars by
applying standard arithmetic rules so that the resulting proposed fee
amounts will be convenient to patent users.
The Office is also in the process of developing a proposal to
adjust patent fees under section 10 of the Leahy-Smith America Invents
Act. The supplemental examination and ex parte and inter partes
reexamination fees proposed in this notice will be revisited in
furtherance of the Director's fee-setting efforts in this area.
The Office has estimated its fiscal year 2013 cost for processing
and treating a request for supplemental examination to be $5,180, and
its fiscal year 2013 cost for conducting ex parte reexamination ordered
as a result of a supplemental examination proceeding to be $16,116.
Therefore, the Office is proposing to add a new § 1.20(k)(1) to
provide a fee of $5,180 for processing and treating a request for
supplemental examination, and a new § 1.20(k)(2) to provide a fee
of $16,120 for conducting ex parte reexamination ordered as a result of
a supplemental examination proceeding (the 2013 cost amounts rounded to
the nearest ten dollars). The $16,120 fee for conducting an ex parte
reexamination ordered as a result of a supplemental examination
proceeding will be returned if ex parte reexamination is not ordered.
See § 1.26(c).
The Office has also estimated its fiscal year 2013 cost for
processing and treating documents over 20 sheets in length that are
submitted in a supplemental examination proceeding to be $166 for each
document between 21 and 50 sheets in length, and $282 for each
additional 50-sheet increment or a fraction thereof. Therefore, the
Office is also proposing to add a new § 1.20(k)(3) to provide
document size fees for any documents over 20 sheets in length that are
submitted in a supplemental examination proceeding, including (1) a fee
of $170 for each document between 21 and 50 sheets in length; and (2) a
fee of $280 for each additional 50-sheet increment or a fraction
thereof (the 2013 cost amounts rounded to the nearest ten dollars).
The decision as to whether the information submitted in a request
for supplemental examination raises a substantial new question of
patentability is identical to the decision as to whether the
information submitted in a request for ex parte reexamination raises a
substantial new question of patentability, except that the information
submitted in a request for supplemental examination is not limited to
patents and publications. Thus, the Office has analyzed its ex parte
and inter partes reexamination costs to estimate the cost of
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supplemental examination and resulting ex parte reexamination
proceedings. The analysis of the Office's ex parte and inter partes
reexamination costs also revealed that the Office's current ex parte
and inter partes reexamination fees are not set at amounts that recover
the Office's costs for these processes or services. Thus, the Office is
proposing to set fees for supplemental examination and resulting ex
parte reexamination proceedings, adjust the fee for ex parte
reexamination proceedings, and set a fee for petitions in ex parte and
inter partes reexamination proceedings. The Office has estimated its
fiscal year 2013 cost for conducting ex parte reexamination to be
$17,753. Therefore, the Office is proposing to amend § 1.20(c)(1)
to change the fee for filing a request for ex parte reexamination
(§ 1.510(a)) from $2,520 to $17,750 (the 2013 cost amounts rounded
to the nearest ten dollars).
The Office is also proposing to add a new § 1.20(c)(6) to provide a
fee of $1,930 for filing a petition in an ex parte or inter partes
reexamination proceeding, except for those specifically enumerated in
§§ 1.550(i) and 1.937(d) (the 2013 cost amounts rounded to the nearest
ten dollars). The Office has estimated its fiscal year 2013 cost for the
processing and treatment of a petition in a reexamination proceeding is
$1,932. The proposed fee for treating a petition in a reexamination
proceeding will apply to any petition filed in either an ex parte or an
inter partes reexamination proceeding (except for those specifically
enumerated in §§ 1.550(i) and 1.937(d)), including petitions under §§ 1.59,
1.181, 1.182, and 1.183. The proposed fee for treating a petition in an
ex parte or inter partes reexamination proceeding will not apply to
petitions specifically enumerated in §§ 1.550(i) and 1.937(d). The
petitions enumerated in §§ 1.550(i) and 1.937(d) are petitions under
§§ 1.550(c) and 1.956 to extend the period for response by a patent owner,
petitions under §§ 1.550(e) and 1.958 to accept a delayed response by a
patent owner, petitions under § 1.78 to accept an unintentionally delayed
benefit claim, and petitions under § 1.530(l) for correction of inventorship
in ex parte or inter partes reexamination proceedings.
The Office is also proposing to add a new § 1.20(c)(7) to provide a fee
of $4,320 for a refused request for ex parte reexamination (discussed below),
which is included in the fee under § 1.20(c)(1) for filing a request for ex
parte reexamination. The Office has estimated that its fiscal year 2013 cost
of processing a request for ex parte reexamination up to the issuance of a
decision refusing the request for reexamination is $4,320. Under current
practice, if the Office decides not to institute an ex parte reexamination
proceeding, a portion of the ex parte reexamination filing fee paid by the
reexamination requester is refunded. This section specifies the portion of
the ex parte reexamination filing fee that is retained by the Office if
the Office decides not to institute the ex parte reexamination proceeding.
The Office is not proposing changes to the inter partes reexamination
filing fee as the Office cannot consider, or even accord a filing date to,
a request for inter partes reexamination filed on or after September 16,
2012. See Revision of Standard for Granting an Inter Partes Reexamination
Request, 76 FR 59055, 59056 (Sept. 23, 2011).
Section 1.26: Section 1.26(c) is proposed to be amended to provide
that if the Director decides not to institute an ex parte reexamination
proceeding (a refused reexamination), any fee for filing an ex parte
reexamination request paid by the reexamination requester, less the fee
set forth in § 1.20(c)(7), will be refunded to the reexamination
requester. If the Director decides not to institute an ex parte
reexamination proceeding under § 1.625 as a result of a supplemental
examination proceeding, a refund of the ex parte reexamination fee ($16,120)
for supplemental examination, as set forth in § 1.20(k)(2), will be made to
the patent owner who requested the supplemental examination proceeding.
The provision for a refund of $7,970 to the inter partes reexamination
requester, where the Director decides not to institute an inter partes
reexamination proceeding, is being retained to address any remaining
instances of a refusal to institute an inter partes reexamination. The
reexamination requester or the patent owner who requested the supplemental
examination proceeding, as appropriate, should indicate the form in which
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any refund should be made (e.g., by check, electronic funds transfer, credit
to a deposit account). Generally, refunds will be issued in the form that
the original payment was provided.
Section 1.550: Section 1.550(i) is proposed to be added to provide
that a petition in an ex parte reexamination proceeding must be accompanied
by the fee set forth in § 1.20(c)(6), except for petitions under § 1.550(c)
to extend the period for response by a patent owner, petitions under
§ 1.550(e) to accept a delayed response by a patent owner, petitions under
§ 1.78 to accept an unintentionally delayed benefit claim, and petitions
under § 1.530(l) for correction of inventorship in an ex parte reexamination
proceeding.
Section 1.601: Section 1.601(a) is proposed to require that a
request for supplemental examination of a patent must be filed by the
owner(s) of the entire right, title, and interest in the patent.
Section 1.601(b) is proposed to require that the patent owner must
establish an ownership interest in the patent as set forth in § 1.601(a)
by filing, as part of the request, a submission in accordance with
§ 3.73(b).
Section 1.601(c) is proposed to prohibit third parties from filing
papers or otherwise participating in any manner in a supplemental
examination proceeding. Section 12 of the Leahy-Smith America Invents
Act specifies that a request for supplemental examination may be filed
by the patent owner. See 35 U.S.C. 257(a). There is no provision for
participation in any manner by a third party in a supplemental
examination proceeding. In addition, because the patent owner filed the
request, third party participation is also prohibited in any ex parte
reexamination ordered under 35 U.S.C. 257 and § 1.625, pursuant to
ex parte reexamination practice.
Section 1.605: Section 1.605(a) is proposed to require that each
request for supplemental examination may request that the Office
consider, reconsider, or correct no more than ten items of information
believed to be relevant to the patent. In other words, the number of
items of information that may be submitted as part of each request is
limited to ten (10). The amount of information that may be included
with each request is limited in order to permit full and comprehensive
treatment of each item of information within the three-month statutory
time period. Section 1.605(a) is also proposed to permit the filing of
more than one request for supplemental examination of the same patent
at any time. The patent owner is not precluded from obtaining review of
any item of information as a result of the ten-item limit, because the
patent owner may file multiple requests for supplemental examination of
the same patent at any time.
Section 1.605(b) is proposed to require that an "item of information"
includes a supporting document submitted as part of the request that
contains information, believed to be relevant to the patent, that the
patent owner requests the Office to consider, reconsider, or correct.
Examples include a journal article, a patent, an affidavit or declaration,
or a transcript of an audio or video recording, each of which may be
considered an item of information. If the information to be considered,
reconsidered, or corrected is not, at least in part, contained within or
based on any supporting document submitted as part of the request, the
discussion within the body of the request relative to the information will
be considered as the item of information. For example, if the patent owner
raises an issue under 35 U.S.C. 101, and the issue is wholly contained in a
discussion within the body of the request and is not based, at least in part,
on any supporting document, the discussion in the request will be considered
as the item of information. If, however, the patent owner is presenting
a copy of a supporting document within the body of the request, such as
an image of an electronic mail message or other document, a separate
copy of the supporting document must be provided, which will be considered
as an item of information. The patent owner may not avoid the counting of
an item of information by inserting the content of the supporting
document within the body of the request. As another example, if the patent
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owner presents an argument in the request regarding an issue under 35 U.S.C.
102, such as a potential public use or sale of the claimed invention, and
also submits a supporting document with the request as possible evidence of
the public use or sale, or the lack thereof, the supporting document
containing the possible evidence will be considered as the item of
information.
Section 1.605(c) is proposed to require that an item of information
must be in writing in accordance with § 1.2. The Office does not
currently have the capability of retaining records in unwritten form.
For this reason, any audio or video recording must be submitted in the
form of a written transcript in order to be considered. A transcript of
a video may be submitted together with copies of selected images of the
video, and a discussion of the correlation between the transcript and
the copies of the images.
Section 1.605(d) is proposed to require that if an item of information
is combined in the request with one or more additional items of
information, including instances where it may be necessary to combine items
of information in order to raise an issue to be considered, reconsidered,
or corrected, each item of information of the combination may be separately
counted. For example, if the patent owner requests consideration of a
possible rejection of the claims under 35 U.S.C. 103(a) over a combination
of reference A in view of reference B, reference A and reference B will be
separately counted as items of information. Exceptions to this provision
include the combination of a non-English language document and its
translation, and the combination of a document that is over 50 pages in
length and its summary pursuant to § 1.610(b)(11).
Section 1.610: Proposed § 1.610 governs the content of the
request for supplemental examination. Consistent with the requirement
in 35 U.S.C. 257(d) to establish fees, § 1.610(a) requires that the
request be accompanied by the fee for filing a request for supplemental
examination as set forth in § 1.20(k)(1), the fee for ex parte
reexamination ordered as a result of a supplemental examination
proceeding as set forth in § 1.20(k)(2), and any applicable document size
fees as set forth in § 1.20(k)(3).
Proposed § 1.610(b) sets forth content requirements for a
request for supplemental examination. Section 1.610(b)(1) is proposed
to require that the request include a cover sheet itemizing each
component submitted as part of the request. A "component" may be a
certificate of mailing, the request, the patent to be examined, an item
of information, and any other separate document that is deposited with
the request.
Section 1.610(b)(2) is proposed to require that the request include
a table of contents for the request. Section 1.610(b)(3) is proposed to
require that the request include an identification of the number, the
date of issue, and the first named inventor of the patent for which
supplemental examination is requested.
Section 1.610(b)(4) is proposed to require that the request include
a list of each item of information that is requested to be considered,
reconsidered, or corrected, and the publication date for each item of
information, if applicable. This list must include each of the items of
information on which the request is based. If the item of information
is a discussion contained within the body of the request, as discussed
previously, the pages of the request on which the discussion appears,
and a brief description of the item of information, such as
"discussion in request of why the claims are patentable under 35
U.S.C. 101, pages 7-11", must be listed. Section 1.610(b)(4) is also
proposed to require a statement that: (1) Identifies each item of
information that was not considered in the prior examination of the
patent, and explains why consideration of the item of information is
being requested; (2) identifies each item of information that was not
adequately considered in the prior examination of the patent, and
explains why reconsideration of the item of information is being
requested; and (3) identifies each item of information that was
incorrect in the prior examination of the patent, and explains how it
is being corrected. For example, the patent owner may state that a
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declaration under § 1.132, which was presented during the prior
examination of the patent as evidence of unexpected results, provided
analytical data that was later determined to be erroneous or incorrect.
The patent owner may present a corrected declaration under § 1.132
and explain how the previously submitted, erroneous data is being
corrected. As another example, the patent owner may submit a patent
with the request as an item of information, and explain that the patent
was not considered (or was inadequately considered) during the prior
examination, and that consideration (or reconsideration) of the patent
is requested because it raises an issue under 35 U.S.C. 103 with
respect to the claims of the patent for which supplemental examination
has been requested. An amendment, however, is not an item of
information. If the patent owner merely wishes, without more, to amend
the claims or to add new claims, in order to further define the
invention, the patent owner may file a reissue application. Similarly,
a benefit claim may be corrected merely by filing an appropriate
petition and/or a reissue application, as applicable. However, the
patent owner may also, if desired, file the appropriate petition with
the request for supplemental examination in order to correct the
benefit claim.
Section 1.610(b)(5) is proposed to require that the request include
a list identifying any other prior or concurrent post patent Office
proceedings involving the patent for which the current supplemental
examination is requested, including an identification of the type of
proceeding (e.g., ex parte or inter partes reexamination, reissue,
supplemental examination, post-grant review, inter partes review), the
identifying number of any such proceeding (e.g., a control number or a
reissue application number), and the filing date of any such
proceeding.
Section 1.610(b)(6) is proposed to require that the request include
an identification of each aspect of the patent to be examined. Examples
of an "aspect of the patent" include the abstract, any drawing,
specification, patent claims, or benefit claims. If any of the claims
identified for examination include one or more means-plus-function or
step-plus-function elements as set forth in 35 U.S.C. 112(f), as
amended by the Leahy-Smith America Invents Act, the request must
include an identification of the structure, material, or acts in the
specification that correspond to each means-plus-function or step-plus-
function element of each claim to be examined.
Section 1.610(b)(7) is proposed to require that the request include
an identification of each issue of patentability raised by each item of
information. An item of information may raise more than one issue of
patentability. For example, a journal article or reference patent may
raise an issue under 35 U.S.C. 102, 35 U.S.C. 103, 35 U.S.C. 112, or
obviousness-type double patenting, as appropriate. A discussion in the
body of the request may raise an issue under 35 U.S.C. 101. A sales
invoice or advertisement may raise an issue under 35 U.S.C. 102.
Section 1.610(b)(8) is proposed to require that the request include
a separate, detailed explanation for each identified issue of
patentability, in order to determine whether the submitted
items of information are appropriate for supplemental examination, and
to better analyze the information submitted with the request. The
explanation must also discuss how each item of information is relevant
to each aspect of the patent identified for examination. In addition,
the explanation must discuss how each item of information raises each
issue identified for examination. For example, the explanation must
discuss how each claim limitation is met, or is not met, by an item of
information, such as a patent which qualifies as prior art under 35
U.S.C. 102.
Section 1.610(b)(8)(i) is proposed to require that, where an
identified issue involves the application of 35 U.S.C. 101 (other than
double patenting) or 35 U.S.C. 112, the explanation must discuss the
support in the specification for each limitation of each claim
identified for examination with respect to this issue. Section
1.610(b)(8)(ii) is proposed to require that, where an identified issue
involves the application of 35 U.S.C. 102, 35 U.S.C. 103, or double
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patenting, the explanation must discuss how each limitation of each
claim identified for examination with respect to this issue is met, or
is not met, by each item of information. The detailed explanation may
also include an explanation of how the claims distinguish over the
items of information. For example, for an item of information that is
identified as raising an issue under 35 U.S.C. 102 with respect to
claims 1 through 10, such as a patent which qualifies as prior art
under 35 U.S.C. 102, the explanation must discuss how each claim
limitation in each of claims 1 through 10 is met, or is not met, by the
item of information. Preferably, the explanation employs a claim chart
that matches each claim limitation to cited portions of the item of
information, as applicable. The requirements for this explanation are
anticipated to be substantially similar to the requirements for a
detailed explanation under § 1.510(b)(2) in a request for ex parte
reexamination, for items of information that raise issues that are
relevant to the patent claims. In other words, this explanation must
state, in sufficient detail, for each identified issue, how an item of
information is applied to the patent.
Section 1.610(b)(9) is proposed to require that the request include
a copy of the patent for which supplemental examination is requested,
and a copy of any disclaimer, certificate of correction, certificate of
extension, supplemental examination certificate, post grant review
certificate, inter partes review certificate, or ex parte or inter
partes reexamination certificate issued for the patent.
Section 1.610(b)(10) is proposed to require that the request
include a copy of each item of information listed in § 1.610(b)(4),
accompanied by a written English translation of all of the necessary
and pertinent parts of any non-English language document. Items of
information that form part of the discussion within the body of the
request as specified in § 1.605(b), and copies of U.S. patents and
U.S. patent application publications, are not required to be submitted.
Section 1.610(b)(11) is proposed to require that the request
include a summary of the relevant portions of any submitted document
(including patent documents), other than the request, that is over 50
pages in length. The summary must include citations to the particular
pages containing the relevant portions. This summary may be similar to
the requirement, for information disclosure statements, of a discussion
of the relevant and pertinent parts of a non-English language document.
This requirement will assist the Office in treating information
presented in lengthy documents within the statutory three-month time
period. Patent owners are encouraged to redact lengthy documents to
include only the relevant portions, unless the redaction would remove
context such that the examiner would not be provided with a full
indication of the relevance of the information.
Section 1.610(b)(12) is proposed to require that the request must
include a submission by the patent owner in compliance with § 3.73(b)
establishing the entirety of the ownership in the patent requested to be
examined, as set forth in § 1.601(b).
Proposed § 1.610(c) provides that the request may include an
explanation why each item of information does or does not raise a
substantial new question of patentability. Patent owners are strongly
encouraged to submit such explanation, which will assist the Office in
analyzing the request.
Proposed § 1.610(d) provides that the filing date of a request
for supplemental examination will not be granted if the request is not
in compliance with §§ 1.605, 1.615, and 1.610(a) and (b). A
defective request may be granted a filing date if the defects are
limited to the omission of one or more of the requirements set forth in
§ 1.610(b)(1) or (b)(2), subject to the discretion of the Office.
Proposed § 1.610(e) provides that if the Office determines that
the request, as originally submitted, is not entitled to a filing date
pursuant to § 1.610(d), then the patent owner will be so notified
and will generally be given an opportunity to complete the request
within a specified time. If the patent owner does not timely comply
with the notice, the request for supplemental examination will not be
granted a filing date and the fee for ex parte reexamination as set
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forth in § 1.20(k)(2) will be refunded. If the patent owner timely
files a corrected request in response to the notice that properly
addresses all of the defects set forth in the notice and that otherwise
complies with all of the requirements of §§ 1.605, 1.610 and
1.615, the filing date of the supplemental examination request will be
the receipt date of the corrected request.
Section 1.615. Section 1.615(a) is proposed to require that all
papers submitted in a supplemental examination proceeding must be
formatted in accordance with § 1.52, including the request and any
other documents generated by the patent owner/requester, such as
translations of non-English language documents, transcripts of audio or
video recordings, affidavits or declarations, and summaries of
documents over 50 pages in length pursuant to § 1.610(b)(11).
Exceptions include tables of contents, curriculum vitae, claim charts,
court documents, third-party-generated affidavits or declarations, and
any other document generated by a third party, including patents,
patent application publications, and non-patent literature. However,
such documents must be presented in a form having sufficient clarity
and contrast between the paper and the text or image to permit the
direct reproduction of readily legible copies by use of digital imaging
and optical character recognition.
Section 1.615(b) is proposed to require that court documents and
non-patent literature may be redacted, but must otherwise be identical
both in content and in format to the original documents, and if a court
document, to the document submitted in court, and must not otherwise be
reduced in size or modified, particularly in terms of font type, font
size, line spacing, and margins. Patents, patent application
publications, and third-party-generated affidavits or declarations must
not be reduced in size or otherwise modified in the manner described in
this paragraph.
Section 1.620: Section 1.620(a) is proposed to require that, within
three months following the filing date of a request for supplemental
examination, the Office will determine whether a substantial new
question of patentability affecting any claim of the patent is raised
by any of the items of information properly presented in the
request. The standard for determining whether an item of information
submitted with the request raises a substantial new question of
patentability will be the standard set forth in the Manual of Patent
Examining Procedure (MPEP): i.e., whether there is a substantial
likelihood that a reasonable examiner would consider the item of
information important in determining patentability. See MPEP § 2242
(8th ed. 2001) (Rev. 8, July 2010). This determination will generally
be limited to a review of the issues identified in the request as
applied to the identified aspect(s) of the patent. For example, a
determination on a request that includes three items of information,
wherein each item is identified as raising an issue under 35 U.S.C. 102
with regard to claim 1, will generally be limited to whether any of the
three items of information raise a substantial new question of
patentability with respect to claim 1. If the patent owner is
interested in having more issues addressed for an item of information,
the patent owner must identify every issue and provide the required
explanation(s) in the request for supplemental examination. Similarly,
if the patent owner is interested in applying an item of information to
more aspects of the patent (e.g., to more claims), the request for
supplemental examination must include an identification of each aspect
to which the item of information is to be applied and the required
explanation(s). For example, if the patent owner fails to apply an item
of information to certain claims, then the patent owner is not entitled
to a determination for that item of information as applied to such
claims. The determination will be based on the claims in effect at the
time of the determination. The supplemental examination certificate,
which contains the determination, will become a part of the official
record of the patent.
Proposed § 1.620(b) provides that the Office may hold in abeyance an
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action on any petition or other paper filed in a supplemental examination
proceeding until after the proceeding is concluded by the electronic
issuance of the supplemental examination certificate as set forth in § 1.625.
The only actions by the Office on the request are: (1) A determination of
whether the request is entitled to a filing date; and (2) a determination of
whether any of the items of information submitted with the request raise a
substantial new question of patentability. The only relevant type of petition
that the Office anticipates will be filed in a supplemental examination
proceeding would involve the filing date of the request, which is not
relevant to the determination of whether any of the items of information
submitted with the request raises a substantial new question of
patentability. Holding in abeyance a decision on such a petition will assist
the Office in making the determination regarding the substantial new question
within the three-month statutory period.
Proposed § 1.620(c) provides that if an unauthorized or otherwise improper
paper is filed in a supplemental examination proceeding, it will not be
entered into the official file or considered, or, if inadvertently entered,
it will be expunged.
Section 1.620(d) is proposed to require that the patent owner must,
as soon as possible upon the discovery of any other prior or concurrent
post patent Office proceeding involving the patent for which the
current supplemental examination is requested, file a paper limited to
bare notice of the post patent Office proceeding, if such notice has
not been previously provided with the request. The Office anticipates
that a patent for which supplemental examination is requested is likely
to be involved in other Office post patent proceedings, including
another supplemental examination proceeding. Knowledge of other
proceedings is important to ensure a quality determination. In
addition, bare notice is required due to the statutory three-month
period within which the Office must process the information. The notice
is limited to an identification of the post patent proceeding,
including the type (e.g., ex parte or inter partes reexamination,
reissue, supplemental examination, post-grant review, or inter partes
review), an identifying number, such as a control number or reissue
application number, and the filing date of the post patent Office
proceeding. The notice may not include any discussion of the issues
present in the current supplemental examination proceeding or in the
identified post patent Office proceeding(s). If the paper containing
the notice is not so limited, the paper will be held to be improper,
and will be processed as an unauthorized paper.
Section 1.620(e) is proposed to prohibit interviews in a supplemental
examination proceeding. This requirement will assist the Office to process
the request for supplemental examination within the three-month statutory
period. A telephone call to the Office to confirm receipt of a request for
supplemental examination, or to discuss general procedural questions, is not
considered to be an interview for the purposes of this provision. This
prohibition against interviews applies only to supplemental examination
proceedings. As to any ex parte reexamination ordered as a result of the
supplemental examination proceeding, interview practice is governed by the
regulations governing ex parte reexamination proceedings. See, e.g., § 1.560.
Proposed § 1.620(f) provides that no amendment to any aspect of the patent
may be filed in a supplemental examination proceeding. Amendments to any
aspect of the patent are not items of information, and are not appropriate
in a supplemental examination proceeding. As specified in 35 U.S.C. 257(b),
the patent owner does not have the right to file a statement under 35 U.S.C.
304. See proposed § 1.625(d)(1). 35 U.S.C. 304 permits a patent owner to
file an amendment by including the amendment with the patent owner's
statement prior to an initial Office action. However, because the ex parte
reexamination proceeding does not exist prior to the order under 35 U.S.C.
257 and the patent owner is precluded from filing a statement under 35 U.S.C.
304, no amendment may be filed from the time the request for supplemental
examination is filed, until after the issuance of an initial Office action
on the merits in any ex parte reexamination proceeding ordered under 35
U.S.C. 257.
Proposed § 1.620(g) provides that, if the Office becomes aware,
during the course of a supplemental examination or of any ex parte
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reexamination ordered under 35 U.S.C. 257, of a material fraud on the
Office involving the patent requested to be examined, the supplemental
examination proceeding or any ex parte reexamination proceeding ordered
under 35 U.S.C. 257 will continue. The matter will be referred to the
U.S. Attorney General in accordance with 35 U.S.C. 257(e).
Section 1.625: Proposed § 1.625(a) provides that a supplemental
examination proceeding will conclude when the supplemental examination
certificate is electronically issued. The supplemental examination
certificate will be electronically issued in the Office image file
wrapper (IFW) system and the Patent Application Information Retrieval
(PAIR) system within three months of the filing date of the request.
Electronic issuance of the supplemental examination certificate will
permit the Office to issue the certificate within the three-month
statutory period and will permit additional time to review the items of
information provided by the request, which would otherwise not be
available if the certificate were to go through the Office's publication
process, which currently takes approximately eight weeks to complete. The
certificate will be viewable by the public in Public PAIR. The
supplemental examination certificate will indicate the result of the
determination whether any of the items of information presented in the
request raised a substantial new question of patentability.
Proposed § 1.625(b) provides that, if the supplemental examination
certificate indicates that a substantial new question of patentability is
raised by one or more items of information in the request, ex parte
reexamination of the patent will be ordered under 35 U.S.C. 257. Upon the
conclusion of the ex parte reexamination proceeding, an ex parte
reexamination certificate, which will include a statement specifying that
ex parte reexamination was ordered under 35 U.S.C. 257, will be published
as an attachment to the patent by the Office's patent publication process.
The electronically issued supplemental examination certificate will also
remain as part of the public record for the patent.
Proposed § 1.625(c) provides that, if the supplemental examination
certificate indicates that no substantial new question of patentability is
raised by any of the items of information in the request, and ex parte
reexamination is not ordered under 35 U.S.C. 257, the electronically
issued supplemental examination certificate will be published in due course
by the Office's patent publication process as an attachment to the patent.
The reexamination fee for supplemental examination, as set forth in
§ 1.20(k)(2), will be refunded in accordance with § 1.26(c).
Proposed § 1.625(d) provides that any ex parte reexamination ordered under
35 U.S.C. 257 will be conducted in accordance with §§ 1.530 through 1.570,
which govern ex parte reexamination, except that: (1) The patent owner will
not have the right to file a statement pursuant to § 1.530, and the order
will not set a time period within which to file such a statement; (2) ex
parte reexamination of any aspect of the patent may be conducted on the basis
of any item of information as set forth in § 1.605, and is not limited to
patents and printed publications or to subject matter that has been added or
deleted during a reexamination proceeding, which differs from the provisions
of § 1.552; (3) issues in addition to those raised by patents and printed
publications and by subject matter added or deleted during an ex parte
reexamination proceeding may be considered and resolved; and (4) information
material to patentability will be defined by § 1.56(b) for the purposes of a
supplemental examination proceeding, and any resulting ex parte reexamination
proceeding. Because supplemental examination is not limited to patents
and printed publications, any aspect of the patent, including the original
specification, may be examined. The material to patentability standard
applicable to patent applications (§ 1.56(b)) is proposed for ex parte
reexamination resulting from a supplemental examination because the material
to patentability standard applicable to ex parte reexaminations (§ 1.555(b))
is limited to patents and printed publications, and an ex parte reexamination
resulting from supplemental examination is not limited to patents and printed
publications. Any reference to "applicant" in § 1.56(b) will be read as
"patent owner."
Section 1.937: Section 1.937(d) is proposed to be added to provide
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that a petition in an inter partes reexamination proceeding must be
accompanied by the fee set forth in § 1.20(c)(6), except for petitions
under § 1.956 to extend the period for response by a patent owner, petitions
under § 1.958 to accept a delayed response by a patent owner, petitions under
§ 1.78 to accept an unintentionally delayed benefit claim, and petitions
under § 1.530(l) for correction of inventorship in an inter partes
reexamination proceeding.
The Office would also make appropriate reference to supplemental
examination in title 37 CFR (e.g., §§ 3.71, 3.73).
Rulemaking Considerations
A. Administrative Procedure Act
This notice proposes to amend the rules of practice in patent cases
to implement the supplemental examination provisions of the Leahy-Smith
America Invents Act. The Office is also proposing to adjust the fee for
filing a request for ex parte reexamination and to set a fee for
petitions filed in ex parte and inter partes reexamination proceedings
to more accurately reflect the cost of these processes. The changes
being proposed in this notice do not change the substantive criteria of
patentability. These proposed changes involve rules of agency practice
and procedure and/or interpretive rules. See Bachow Commc'ns Inc. v.
FCC, 237 F.3d 683, 690 (DC Cir. 2001) (rules governing an application
process are procedural under the Administrative Procedure Act); Inova
Alexandria Hosp. v. Shalala, 244 F.3d 242, 350 (4th Cir. 2001) (rules
for handling appeals were procedural where they did not change the
substantive standard for reviewing claims); Nat'l Org. of Veterans'
Advocates v. Sec'y of Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir.
2001) (rule that clarifies interpretation of a statute is
interpretive).
Accordingly, prior notice and opportunity for public comment are
not required pursuant to 5 U.S.C. 553(b) or (c) (or any other law) and
thirty-day advance publication is not required pursuant to 5 U.SC.
553(d) (or any other law). See Cooper Techs. Co. v. Dudas, 536 F.3d
1330, 1336-37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35
U.S.C. 2(b)(2)(B), does not require notice and comment rulemaking for
"interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice") (quoting 5 U.S.C.
553(b)(A)). The Office, however, is publishing these proposed changes
and the Initial Regulatory Flexibility Act analysis, below, for comment
as it seeks the benefit of the public's views on the Office's proposed
implementation of these provisions of the Leahy-Smith America Invents
Act.
B. Initial Regulatory Flexibility Analysis
1. Description of the Reasons That Action by the Agency Is Being Considered
The Office is proposing to amend the rules of patent practice to
implement the supplemental examination provisions of the Leahy-Smith
America Invents Act, which take effect September 16, 2012. The Office
is also proposing to adjust the fee for filing a request for ex parte
reexamination, and to set a fee for petitions filed in ex parte and
inter partes reexamination proceedings, to more accurately reflect the
cost of these processes.
2. Succinct Statement of the Objectives of, and Legal Basis for, the
Proposed Rules
The objective of the proposed rules to implement the supplemental
examination provisions of the Leahy-Smith America Invents Act is to
establish a process which allows: (1) Patent owners to exercise their
statutory right to request supplemental examination to consider,
reconsider, or correct information believed to be relevant to a patent;
and (2) the Office to make its determination whether the information
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presented in the request raises a substantial new question of
patentability within three months of the filing date of the
supplemental examination request. The objective of the proposed rules
to adjust the fee for filing a request for ex parte reexamination, and to
set a fee for petitions filed in ex parte and inter partes reexamination
proceedings, is to recover the estimated average cost to the Office of ex
parte reexamination proceedings and petitions filed in ex parte and inter
partes reexamination proceedings.
Section 12 of the Leahy-Smith America Invents Act provides a legal
basis for the proposed rules to implement supplemental examination. 35
U.S.C. 41(d)(2) provides a legal basis for the proposed rules to set
the fee for supplemental examination, to adjust the fee for filing a
request for ex parte reexamination, and to set a fee for petitions
filed in ex parte and inter partes reexamination proceedings. Specifically,
35 U.S.C. 41(d)(2) provides that fees for all processing, services, or
materials relating to patents not specified in 35 U.S.C. 41 are to be set at
amounts to recover the estimated average cost to the Office of such
processing, services, or materials.
3. Description and Estimate of the Number of Affected Small Entities
a. Size Standard and Description of Entities Affected. 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 specified 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 (NAICS) code. As provided by the Regulatory Flexibility Act, and
after consultation with the Small Business Administration, the Office
formally adopted an alternate size standard as the 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 SBA's
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, the size standard for USPTO 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 (Nov 20, 2006),
1313 Off. Gaz. Pat. Office at 63 (Dec. 12, 2006).
b. Overview of Estimates of Number of Entities Affected. The
proposed rules will apply to any small entity that files a request for
supplemental examination, a request for ex parte reexamination, or a
petition in an ex parte and inter partes reexamination proceeding. To
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estimate the number of requests for supplemental examination, ex parte
reexamination, and petitions filed in ex parte and inter partes
reexamination expected to be submitted annually by small entities, the
Office considered the information concerning ex parte reexamination
filings published in the United States Patent and Trademark Office
Performance and Accountability Report, Fiscal Year 2011. The Office
received 758 requests for ex parte reexamination in fiscal year 2011,
of which 104 (14 percent) were by the patent owner and 654 (86 percent)
were by a third party. See United States Patent and Trademark Office
Performance and Accountability Report, Fiscal Year 2011, at 171 (table
14A) (2011). Based upon that information, the Office estimates that it
will receive about 800 (758 rounded to be nearest 100) requests for ex
parte reexamination annually and that about 14 percent of all requests
for ex parte reexamination are filed by patent owners.
c. Number of Entities Filing Requests for Ex Parte Reexamination.
As discussed previously, the Office estimates that it will receive
about 800 requests for ex parte reexamination annually and about 14
percent of all requests for ex parte reexamination are filed by patent
owners. Thus, the Office estimates that it receives approximately 110
(14 percent of 800 rounded to the nearest 10) requests for ex parte
reexamination filed by patent owners annually. Due to the availability
of supplemental examination beginning in fiscal year 2013, the Office
estimates that all 110 requests for ex parte reexamination that would
have been filed annually by patent owners will instead be filed as
requests for supplemental examination. Therefore, the Office estimates
that a total of approximately 690 (86 percent of 800 rounded to the
nearest 10) requests for ex parte reexamination (all by third parties)
will be filed annually.
Reexamination requesters are not required to identify their small
entity status. Therefore, the Office does not have precise data on the
number of requests for ex parte reexamination submitted annually by
small entities. However, the Office tracks the number of requests for
ex parte reexamination that are filed in which the patent that is the
subject of the reexamination was prosecuted under small entity status.
For fiscal year 2011, approximately 36 percent of the requests for ex
parte reexamination that were filed sought reexamination of a patent
that was prosecuted under small entity status.
It is difficult to estimate what fraction of the anticipated 690
requests for ex parte reexamination submitted annually will be by small
entities, because reexamination requesters are not required to identify
their small entity status. The data that the Office keeps regarding the
number of requests for ex parte reexamination that are filed in which
the patent that is the subject of the reexamination was prosecuted
under small entity status provides no insight into the number of
requests for ex parte reexamination submitted by small entity third
party requesters. Therefore, for purposes of this analysis, the Office
is considering all 690 requests for ex parte reexamination expected to
be submitted annually as being submitted by small entities.
d. Number of Entities Filing Petitions in Ex Parte Reexamination
Proceedings. The proposed rule to set a fee for petitions filed in
reexamination proceedings (except for those petitions specifically
enumerated in 37 CFR 1.550(i) and 1.937(d)) will apply to any small
entity that files a petition in a reexamination proceeding. The Office
decided 832 petitions in reexamination proceedings (ex parte and inter
partes) in fiscal year 2010. In view of thestatutory mandate to conduct
reexamination proceedings with special dispatch, the Office estimates that
the 832 petitions decided in reexamination proceedings in fiscal year
proceedings in fiscal year 2010. In view of the proposed fee for petitions
filed in reexamination proceedings, the Office estimates that no more than
850 (832 rounded to the nearest 50) will be filed annually in reexamination
proceedings. The data that the Office keeps regarding petitions filed
in reexamination proceedings does not indicate the number of petitions
submitted by unique small entities. Therefore, for purposes of this
analysis, the Office is considering all 850 petitions expected to be
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submitted annually in a reexamination proceeding as being submitted by
small entities. Hence, the Office estimates that no more than 850 small
entities will file a petition in a reexamination proceeding annually.
e. Number of Entities Filing Request for Supplemental Examination.
In view of the benefits to patent owners afforded by supplemental
examination at 35 U.S.C. 257(c), the Office is estimating that all 110
requests for ex parte reexamination that would have been filed annually
by patent owners will instead be filed as requests for supplemental
examination. However, the Office is also estimating that more than 110
requests for supplemental examination will be filed annually due to a
combination of: (1) The benefits to patent owners afforded by
supplemental examination; (2) the fact that the "information" that
may form the basis of a request for supplemental examination is not
limited to patents and printed publications; and (3) the fact that the
issues that may be raised during supplemental examination may include
issues in addition to those permitted to be raised in ex parte
reexamination, e.g., issues under 35 U.S.C. 112.
Because a main benefit afforded to patent owners by supplemental
examination is to potentially shield patent owners from a finding of
unenforceability due to inequitable conduct for the information
considered by the Office and subject to a written decision by the
Office, the Office estimates that the number of cases annually in which
inequitable conduct is pled in the United States district courts
represents a reasonable approximation of the number of annual requests
for supplemental examination that the Office will receive. Data from
the United States district courts reveals that between 2,900 and 3,301
patent cases were filed each year during the period between 2006 and
2010. See U.S. Courts, Judicial Business of the United States Courts,
www.uscourts.gov/uscourts/Statistics/JudicialBusiness/2010/appendices/
C02ASep10.pdf (last visited Nov. 11, 2011) (hosting annual reports for
1997 through 2010). Thus, the Office projects that no more than 3,300
(the highest number of yearly filings between 2006 and 2010 rounded to
the nearest 100) patent cases are likely to be filed annually. Note
that inequitable conduct is pled in approximately 40 percent of the
patent cases filed annually in U.S. District Courts. See Christian E.
Mammen, Controlling the "Plague": Reforming the Doctrine of
Inequitable Conduct, 24 Berkeley Tech. L.J. 1329, 1358-60 (2010)
(displaying a chart estimating the steady increase in assertions of the
inequitable conduct defense). However, the number of patent cases in
which a finding of inequitable conduct is upheld by the U.S. Court of
Appeals for the Federal Circuit (Federal Circuit) is only a fraction of
a percent. See id. The Office also anticipates that the percentage of
patent cases in which inequitable conduct is pled and in which a
finding of inequitable conduct is upheld by the Federal Circuit will
begin to decline due to the May 2011 en banc decision by the Federal
Circuit in Therasense, Inc. v. Becton, Dickinson, and Co., 649 F.3d
1276 (Fed. Cir. 2011).
The Office also anticipates that supplemental examination will lead
to a reduction in the number of district court patent infringement
cases in which inequitable conduct is pled as a defense. See H.R. Rep.
No. 112-98, Part 1 at pages 50 and 78 (2011) (the information submitted
in a request for supplemental examination cannot later be used to hold
the patent unenforceable or invalid on the basis of inequitable conduct
during civil litigation). The Office understands that the costs related
to inequitable conduct (e.g., discovery related to inequitable conduct)
are a significant portion of litigation costs. See e.g., Mammen,
Controlling the "Plague": Reforming the Doctrine of Inequitable
Conduct, 24 Berkeley Tech. L.J. at 1347. The Office is specifically
interested in receiving comments on litigation cost savings and other
benefits the public may expect to realize from implementation of rules
on supplemental examination.
Therefore, the Office estimates that it will receive about 1,430
(40 percent of 3,300 plus 110) requests for supplemental examination
annually. Assuming that requests for supplemental examination will be
filed by small entities in roughly the same percentage that requests
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for ex parte reexamination are currently filed by small entities (36
percent), the Office estimates that about 500 (36 percent of 1,430
(515) rounded to the nearest 100) requests for supplemental examination
will be submitted annually by small entities.
4. Description of the Projected Reporting, Recordkeeping and Other
Compliance Requirements of the Proposed 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
The proposed rules will apply to any small entity that files a request
for supplemental examination, a request for ex parte reexamination, or a
petition in an ex parte or inter partes reexamination proceeding. The
proposed rules to implement the supplemental examination provisions of the
Leahy-Smith America Invents Act will impose compliance requirements on patent
owners who request supplemental examination to consider, reconsider, or
correct information believed to be relevant to a patent. The proposed rules
will charge a fee to any patent owner who requests supplemental
examination, and change the fee applicable to any entity that files a request
for ex parte reexamination or a petition in an ex parte or inter partes
reexamination proceeding.
All papers in a supplemental examination proceeding must be filed
in accordance with the requirements set forth in 37 CFR 1.601 and must
be formatted in accordance with the requirements set forth in 37 CFR
1.615. All "items of information" submitted as part of the request
must meet the requirements of 37 CFR 1.605. The request itself must
include the items set forth in 37 CFR 1.610. The proposed rules to
implement the supplemental examination provisions of the Leahy-Smith
America Invents Act also require: (1) A fee of $5,120.00 for processing
and treating a request for supplemental examination; (2) a fee of
$15,930.00 for an ex parte reexamination ordered as a result of a
supplemental examination proceeding; and (3) for processing and
treating, in a supplemental examination proceeding, a non-patent
document over 20 sheets in length, a fee of $170.00 for a document of
between 21 and 50 sheets, and a fee of $280.00 for each additional 50
sheets or a fraction thereof.
A patent practitioner would have the type of professional skills
necessary for preparation of request for supplemental examination. Office
staff with experience and expertise in a wide range of patent prosecution
matters as a patent practitioner estimate that preparing and filing a request
for supplemental examination will require about 25 patent practitioner hours,
costing $8,500 (25 hours at the $340 per hour median rate for attorneys
reported in the American Intellectual Property Law Association (AIPLA) Report
of the Economic Survey 2011. As discussed previously, a request for
supplemental examination is comparable to a request for ex parte
reexamination, in that both present information to the Office for evaluation
as to whether the information raises a substantial new question of
patentability). The American Intellectual Property Law Association
(AIPLA) Report of the Economic Survey 2011 indicates that the average
cost of preparing and filing a request for ex parte reexamination (the
current Office proceeding most similar to a request for supplemental
examination) is $19,000. The Office staff estimate for preparing a
supplemental examination is lower than the comparable ex parte
reexamination cost because a patentee in supplemental examination would
simply be preparing a supplemental examination request in compliance
with the applicable statutes and regulations with information already
at hand, whereas a third party requester in an ex parte reexamination
(the majority of ex parte reexamination requests being by third
parties) is not merely preparing an ex parte reexamination request in
compliance with the applicable statutes and regulations, but is also
seeking to convince the Office that the claims in the patent for which
reexamination is sought are unpatentable with patents and printed
publications that the third party must uncover as part of the process.
The proposed rules to adjust or set fees in ex parte reexamination
are as follows: (1) $17,550.00 for filing a request for ex parte
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reexamination; (2) $1,930.00 for filing a petition in an ex parte or
inter partes reexamination proceeding, except for those specifically
enumerated in 37 CFR 1.550(i) and 1.937(d)): and (3) for a refused
request for ex parte reexamination under 37 CFR 1.510 (this amount is
included in the request for ex parte reexamination fee, and is the
portion not refunded if the request for reexamination is denied). The
proposed rules to adjust the fee for filing a request for ex parte
reexamination, and to set a fee for petitions filed in ex parte and
inter partes reexamination proceedings, do not impose any discernible
reporting, recordkeeping, or other compliance requirements. The
proposed rules to adjust the fee for filing a request for ex parte
reexamination, and to set a fee for petitions filed in ex parte and
inter partes reexamination proceedings, only adjust or establish
certain fees (as discussed previously) to more accurately reflect the
cost of the process or service.
5. Description of Any Significant Alternatives to the Proposed Rules
Which Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact of the Proposed Rules on Small
Entities
This analysis considered significant alternatives such as: (1) The
establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) the use of performance rather than design standards; and
(4) an exemption from coverage of the rule, or any part thereof, for
such small entities. See 5 U.S.C. 603; see also 35 U.S.C. 41(h) (fee
reduction for small business concerns not applicable to fees set under
35 U.S.C. 41(d)(2)).
With respect to the proposed rules to implement the supplemental
examination provisions of the Leahy-Smith America Invents Act, the
Office considered requiring less than, or exempting small entities
from, what is currently set forth at proposed 37 CFR 1.601, 1.605,
1.610, and 1.615. Specifically, the Office considered not requiring any
or all of, or exempting small entities from, the following content
requirement of proposed 37 CFR 1.610: (1) A list of each item of
information that is requested to be considered, reconsidered, or
corrected, identifying each item of information that was not considered,
adequately considered, or correctly considered in the prior examination of
the patent, and explaining why consideration or reconsideration of the item
of information is being requested or how the item of information it is being
corrected; (2) an identification of each aspect of the patent for which
supplemental examination is sought, including an identification of the
structure, material, or acts in the specification that correspond to each
means-plus-function or step-plus-function element, as set forth in 35 U.S.C.
112(f), in any claim to be examined; (3) an identification of each issue
raised by each item of information; and (4) a separate, detailed explanation
for each identified issue, discussing how each item of information is
relevant to each aspect of the patent identified for examination, and how
each item of information raises each issue identified for examination,
including where an identified issue involves the application of 35 U.S.C.
101 (other than double patenting) or 35 U.S.C. 112, an explanation discussing
the support in the specification for each limitation of each claim identified
for examination with respect to this issue, and where an identified issue
involves the application of 35 U.S.C. 102, 35 U.S.C. 103, or double
patenting, an explanation of how each limitation of each claim identified for
examination with respect to this issue is met, or is not met, by each item of
information.
However, it is in the patent owner's interest to have the
supplemental examination proceeding, and any reexamination proceeding
ordered pursuant to the supplemental examination request, concluded as
soon as possible. See 35 U.S.C. 257(c)(2)(B) (stating that the
potential benefits to patent owners afforded by 35 U.S.C. 257(c)(1)
shall not apply "unless the supplemental examination, and any
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reexamination ordered pursuant to the request, are concluded before the
date on which [a patent infringement action] is brought"). The
information that may be submitted in a supplemental examination is more
extensive than the information permitted in an ex parte reexamination
proceeding, and the issues that may be raised during supplemental
examination include issues that are not permitted to be raised in ex
parte reexamination, e.g., issues under 35 U.S.C. 101 and 112. The
Office needs to require this information to promptly resolve a
supplemental examination proceeding, and any reexamination proceeding
ordered pursuant to the supplemental examination request. Finally, it
is in the patent owner's interest to have the supplemental examination
request be as complete as possible. With these factors in mind, the
Office designed the requirements set forth in the proposed rules to
permit: (1) Efficient processing and treatment of each request for
supplemental examination within the statutory three-month time period;
and (2) completion of any reexamination ordered as a result of the
supplemental examination proceeding with special dispatch.
With respect to the proposed rules to adjust the fee for filing a
request for ex parte reexamination, and to set a fee for petitions
filed in reexamination proceedings, the alternative of not adjusting or
setting the 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)(2) (provides that fees set by the Office recover the
estimated average cost to the Office of the processing, services, or
materials); see also 35 U.S.C. 41(h) (fee reduction for small business
concerns not applicable to fees set under 35 U.S.C. 41(d)(2)). In addition,
a decision to forego this fee adjustment and fee setting would have a
negative impact on Office funding, which in turn would have a negative
impact on the ability of the Office to meet the statutory mandate to
conduct reexamination proceedings with special dispatch.
A request for supplemental examination is a unique submission (the
proposed rule does not involve periodic reporting requirements), thus
the establishment of timetables that take into account the resources
available to small entities and consolidation of compliance and
reporting requirements is inapplicable. In addition, the use of
performance rather than design standards is also inapplicable to a
request for supplemental examination.
6. Identification, to the Extent Practicable, of All Relevant Federal
Rules Which May Duplicate, Overlap or Conflict With the Proposed 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 examination and granting patents. Therefore, no
other federal, state, or local entity shares jurisdiction over the
examination and granting of patents.
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, this cannot be
avoided except by treaty (such as the Paris Convention for the
Protection of Industrial Property, or the Patent Cooperation Treaty
(PCT)). Nevertheless, the Office believes that there are no other
duplicative or overlapping rules.
C. Executive Order 12866 (Regulatory Planning and Review)
This rulemaking has been determined to be significant for purposes
of Executive Order 12866 (Sept. 30, 1993).
D. Executive Order 13563 (Improving Regulation and Regulatory Review)
The Office has complied with Executive Order 13563. Specifically,
the Office has, to the extent feasible and applicable: (1) Made a
reasoned determination that the benefits justify the costs of the rule;
(2) tailored the rule to impose the least burden on society consistent
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with obtaining the regulatory objectives; (3) selected a regulatory
approach that maximizes net benefits; (4) specified performance
objectives; (5) identified and assessed available alternatives; (6)
involved the public in an open exchange of information and perspectives
among experts in relevant disciplines, affected stakeholders in the
private sector and the public as a whole, and provided on-line access
to the rulemaking docket; (7) attempted to promote coordination,
simplification and harmonization across government agencies and
identified goals designed to promote innovation; (8) considered
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public; and (9) ensured the objectivity of scientific
and technological information and processes.
E. 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).
F. 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).
G. 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).
H. 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). The rulemaking
carries out a statute designed to lessen litigation. See, e.g., H.R.
Rep. No. 112-98, Part 1 at pages 50 and 78 (2011) (information
submitted in a request for supplemental examination cannot later be
used to hold the patent unenforceable or invalid on the basis of
inequitable conduct during civil litigation).
I. 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).
J. 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).
K. 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 the final rule and other
required information to the United States Senate, the United States
House of Representatives, and the Comptroller General of the Government
Accountability Office. The changes in this notice are not expected to
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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 notice
is not expected to result in a "major rule" as defined in 5 U.S.C. 804(2).
L. Unfunded Mandates Reform Act of 1995
The changes set forth in this rulemaking 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
Reform Act of 1995. See 2 U.S.C. 1501 et seq.
M. National Environmental Policy Act
This rulemaking will not have any effect on the quality of the
environment and is thus categorically excluded from review under the
National Environmental Policy Act of 1969. See 42 U.S.C. 4321 et seq.
N. 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 not applicable because
this rulemaking does not contain provisions which involve the use of
technical standards.
O. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
requires that the USPTO consider the impact of paperwork and other
information collection burdens imposed on the public. This notice
proposes changes to the rules of practice that would impose new
information collection requirements and impact existing information
collection requirements previously approved by the Office of Management
and Budget (OMB) under OMB Control Number 0651-0064. Accordingly, the
USPTO will submit to the OMB a proposed revision to the information
collection requirements under 0651-0064. The proposed revision will be
available at the OMB's Information Collection Review Web site
(www.reginfo.gov/public/do/PRAMain).
Needs and Uses: This information collection is necessary so that a
patent owner may file a request for supplemental examination of the
patent. The Office will use this information to determine whether the
information submitted with the supplemental examination request raises
a substantial new question of patentability.
Title of Collection: Patent Reexaminations and Supplemental
Examination (formerly Patent Reexaminations).
OMB Control Number: 0651-0064.
Method of Collection: By mail, facsimile, hand delivery, or
electronically to the USPTO.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: 9,560 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public from 18 minutes (0.3 hours) to 135 hours to gather the
necessary information, prepare the appropriate form or other documents,
and submit the information to the USPTO.
Estimated Total Annual Respondent Burden Hours: 235,365 hours per
year. In addition, the USPTO anticipates that supplemental examination
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will produce significant benefits by leading to a reduction in the
number of district court patent infringement cases in which inequitable
conduct is pled as a defense.
Estimated Total Annual Respondent Cost Burden: $80,024,100 per
year.
Estimated Total Annual Non-hour Respondent Cost Burden: $35,283,875
per year in the form of fees and postage costs.
The agency is soliciting comments to: (1) Evaluate whether the
proposed information requirement is necessary for the proper
performance of the functions of the agency, including whether the
information will have practical utility; (2) evaluate the accuracy of
the agency's estimate of the burden; (3) enhance the quality, utility,
and clarity of the information to be collected; and (4) minimize the
burden of collecting the information on those who are to respond,
including by using appropriate automated, electronic, mechanical or
other technological collection techniques or other forms of information
technology.
Please send comments on or before March 26, 2012 to Mail Stop
Comments - Patents, Commissioner for Patents, P.O. Box 1450, Alexandria,
VA, 22313-1450, marked to the attention of Raul Tamayo, Legal Advisor,
Office of Patent Legal Administration, Office of the Associate
Commissioner for Patent Examination Policy. Comments should also be
submitted 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 Patent and Trademark Office, or via email at OIRA_submission@omb.eop.gov.
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 in 37 CFR Part 1
Administrative practice and procedure, Courts, Freedom of
Information, Inventions and patents, Reporting and recordkeeping
requirements, Small businesses.
For the reasons discussed in the preamble, the United States Patent
and Trademark Office proposes to amend 37 CFR part 1 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).
2. Section 1.20 is amended by revising paragraph (c)(1) and by
adding paragraphs (c)(6), (c)(7), and (k) to read as follows:
§ 1.20 Post issuance fees.
* * * * *
(c) * * *
(1) For filing a request for ex parte reexamination
(§1.510(a))..................................................$17,750.00
* * * * *
(6) For filing a petition in a reexamination proceeding,
except for those specifically enumerated in
§§ 1.550(i) and 1.937(d).......................................1,930.00
(7) For a refused request for ex parte reexamination under
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§ 1.510 (included in the request for ex parte
reexamination fee).............................................4,320.00
* * * * *
(k) In supplemental examination proceedings:
(1) For processing and treating a request for supplemental
examination...................................................$5,180.00
(2) For ex parte reexamination ordered as a result of a
supplemental examination proceeding...........................16,120.00
(3) For processing and treating, in a supplemental
examination proceeding, a non-patent document over 20
sheets in length, per document:
(i) Between 21 and 50 sheets...................................170.00
(ii) For each additional 50 sheets or a fraction thereof........280.00
3. Section 1.26 is amended by revising paragraph (c) to read as follows:
§ 1.26 Refunds.
* * * * *
(c) If the Director decides not to institute a reexamination
proceeding in response to a request for reexamination or supplemental
examination, fees paid with the request for reexamination or
supplemental examination will be refunded or returned in accordance
with paragraphs (c)(1) through (c)(3) of this section. The
reexamination requester or the patent owner who requested a
supplemental examination proceeding, as appropriate, should indicate
the form in which any refund should be made (e.g., by check, electronic
funds transfer, credit to a deposit account). Generally, refunds will
be issued in the form that the original payment was provided.
(1) For an ex parte reexamination request, the ex parte
reexamination filing fee paid by the reexamination requester, less the
fee set forth in § 1.20(c)(7), will be refunded to the requester if
the Director decides not to institute an ex parte reexamination
proceeding.
(2) For an inter partes reexamination request, a refund of $7,970
will be made to the reexamination requester if the Director decides not
to institute an inter partes reexamination proceeding.
(3) For a supplemental examination request, the fee for
reexamination ordered as a result of supplemental examination, as set
forth in § 1.20(k)(2), will be returned to the patent owner who
requested the supplemental examination proceeding if the Director
decides not to institute a reexamination proceeding.
4. Section 1.550 is amended by adding a new paragraph (i) to read
as follows:
§ 1.550 Conduct of ex parte reexamination proceedings.
* * * * *
(i) A petition in an ex parte reexamination proceeding must be
accompanied by the fee set forth in § 1.20(c)(6), except for
petitions under paragraph (c) of this section to extend the period for
response by a patent owner, petitions under paragraph (e) of this
section to accept a delayed response by a patent owner, petitions under
§ 1.78 to accept an unintentionally delayed benefit claim, and
petitions under § 1.530(l) for correction of inventorship in a
reexamination proceeding.
5. Subpart E, consisting of §§ 1.601, 1.605, 1.610, 1.615,
1.620, and 1.625, is added to read as follows:
Subpart E - Supplemental Examination of Patents
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Sec.
1.601 Filing of papers in supplemental examination.
1.605 Items of information.
1.610 Content of request for supplemental examination.
1.615 Format of papers filed in a supplemental examination proceeding.
1.620 Conduct of supplemental examination proceeding.
1.625 Conclusion of supplemental examination; publication of supplemental
examination certificate; procedure after conclusion.
Subpart E - Supplemental Examination of Patents
§ 1.601 Filing of papers in supplemental examination.
(a) A request for supplemental examination of a patent must be
filed by the owner(s) of the entire right, title, and interest in the
patent.
(b) The patent owner must establish the entirety of the ownership
interest in the patent of paragraph (a) by filing, as part of the request,
a submission in compliance with the provisions of § 3.73(b) of this chapter.
(c) Any party other than the patent owner (i.e., any third party) is
prohibited from filing papers or otherwise participating in any manner in a
supplemental examination proceeding.
§ 1.605 Items of information.
(a) Each request for supplemental examination may request that the
Office consider, reconsider, or correct no more than ten items of
information believed to be relevant to the patent. More than one
request for supplemental examination of the same patent may be filed at
any time.
(b) An "item of information" includes a document submitted as
part of the request that contains information, believed to be relevant
to the patent, that the patent owner requests the Office to consider,
reconsider, or correct. If the information to be considered,
reconsidered, or corrected is not, at least in part, contained within
or based on any document submitted as part of the request, the
discussion within the body of the request relative to the information
will be considered as an item of information.
(c) An item of information must be in writing in accordance with
§ 1.2. To be considered, any audio or video recording must be
submitted in the form of a written transcript.
(d) If one item of information is combined in the request with one
or more additional items of information, including instances where it
may be necessary to combine items of information in order to raise an
issue to be considered, reconsidered, or corrected, each item of
information of the combination may be separately counted. Exceptions
include the combination of a non-English language document and its
translation, and the combination of a document that is over 50 pages in
length and its summary pursuant to § 1.610(b)(11).
§ 1.610 Content of request for supplemental examination.
(a) The request must be accompanied by the fee for filing a request
for supplemental examination as set forth in § 1.20(k)(1), the fee
for reexamination ordered as a result of a supplemental examination
proceeding as set forth in § 1.20(k)(2), and any applicable
document size fees as set forth in § 1.20(k)(3).
(b) A request for supplemental examination must include each of the
elements set forth in paragraphs (b)(1) through (b)(12) of this
section.
(1) A cover sheet itemizing each component submitted as part of the
request.
(2) A table of contents for the request.
(3) An identification of the number, the date of issue, and the
first named inventor of the patent for which supplemental examination
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is requested.
(4) A list of each item of information that is requested to be
considered, reconsidered, or corrected, and the publication date for
each item of information, if applicable; and a statement that:
(i) Identifies each item of information that was not considered in
the prior examination of the patent, and explains why consideration of
the item of information is being requested;
(ii) Identifies each item of information that was not adequately
considered in the prior examination of the patent, and explains why
reconsideration of the item of information is being requested; and
(iii) Identifies each item of information that was incorrect in the
prior examination of the patent, and explains how it is being
corrected.
(5) A list identifying any other prior or concurrent post patent
Office proceedings involving the patent for which supplemental
examination is being requested, including an identification of the type
of proceeding (e.g., ex parte or inter partes reexamination, reissue,
supplemental examination, post-grant review, or inter partes review),
the identifying number of any such proceeding (e.g., a control number
or reissue application number), and the filing date of any such
proceeding.
(6) An identification of each aspect of the patent for which
supplemental examination is sought, including an identification of the
structure, material, or acts in the specification that correspond to
each means-plus-function or step-plus-function element, as set forth in
35 U.S.C. 112(f), in any claim to be examined.
(7) An identification of each issue raised by each item of
information.
(8) A separate, detailed explanation for each identified issue,
discussing how each item of information is relevant to each aspect of
the patent identified for examination, and how each item of information
raises each issue identified for examination, including:
(i) Where an identified issue involves the application of 35 U.S.C. 101
(other than double patenting) or 35 U.S.C. 112, an explanation discussing the
support in the specification for each limitation of each claim
identified for examination with respect to this issue; and
(ii) Where an identified issue involves the application of 35
U.S.C. 102, 35 U.S.C. 103, or double patenting, an explanation of how
each limitation of each claim identified for examination with respect
to this issue is met, or is not met, by each item of information. The
detailed explanation may also include an explanation of how the claims
distinguish over the items of information.
(9) A copy of the patent for which supplemental examination is
requested and a copy of any disclaimer, certificate of correction,
certificate of extension, supplemental examination certificate, post
grant review certificate, inter partes review certificate, or
reexamination certificate issued for the patent.
(10) A copy of each item of information listed in paragraph (b)(3)
of this section, accompanied by a written English translation of all of
the necessary and pertinent parts of any non-English language document.
Items of information that form part of the discussion within the body
of the request as specified in § 1.605(b), and copies of U.S.
patents and U.S. patent application publications, are not required to
be submitted.
(11) A summary of the relevant portions of any submitted document,
other than the request, that is over 50 pages in length. The summary
must include citations to the particular pages containing the relevant
portions.
(12) A submission by the patent owner in compliance with § 3.73(b)
of this chapter establishing the entirety of the ownership in the patent
requested to be examined as set forth in § 1.601(b).
(c) The request may also include an explanation of why each item of
information submitted with the request does or does not raise a
substantial new question of patentability.
(d) The filing date of a request for supplemental examination will
not be granted if the request is not in compliance with § 1.605,
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§ 1.615, and this section. A defective request may receive a filing
date if the defects are limited to the omission of one or more of the
requirements set forth in paragraph (b)(1) or (b)(2) of this section,
subject to the discretion of the Office.
(e) If the Office determines that the request, as originally
submitted, does not meet the requirements of paragraph (d) of this
section to be entitled to a filing date, the patent owner will be so
notified and will be given an opportunity to complete the request
within a specified time. If the patent owner does not timely comply
with the notice, the request for supplemental examination will not be
granted a filing date and the fee for reexamination as set forth in
§ 1.20(k)(2) will be refunded. If the patent owner timely files a
corrected request in response to the notice that properly addresses all
of the defects set forth in the notice and that otherwise complies with
all of the requirements of §§ 1.605, 1.615 and of this section,
the filing date of the supplemental examination request will be the
receipt date of the corrected request.
§ 1.615 Format of papers filed in a supplemental examination proceeding.
(a) All papers submitted in a supplemental examination proceeding
must be formatted in accordance with § 1.52, including the request
for supplemental examination and any other documents generated by the
patent owner/requester, such as translations of non-English language
documents, transcripts of audio or video recordings, affidavits or
declarations, and summaries of documents over 50 pages in length
pursuant to § 1.610(b)(11). Exceptions include tables of contents,
curriculum vitae, claim charts, court documents, third-party-generated
affidavits or declarations, and any other document generated by a third
party, including patents, patent application publications, and non-
patent literature. All documents must be presented in a form having
sufficient clarity and contrast between the paper and the text or image
to permit the direct reproduction of readily legible copies by use of
digital imaging and optical character recognition.
(b) Court documents and non-patent literature may be redacted, but
must otherwise be identical both in content and in format to the
original documents, and, if a court document, to the document submitted
in court, and must not otherwise be reduced in size or modified,
particularly in terms of font type, font size, line spacing, and
margins. Patents, patent application publications, and third-party-
generated affidavits or declarations must not be reduced in size or
otherwise modified in the manner described in this paragraph.
§ 1.620 Conduct of supplemental examination proceeding.
(a) Within three months following the filing date of a request for
supplemental examination, the Office will determine whether a
substantial new question of patentability affecting any claim of the
patent is raised by any of the items of information presented in the
request. The determination will generally be limited to a review of the
issues identified in the request as applied to the identified aspects
of the patent. The determination will be based on the claims in effect
at the time of the determination and will become a part of the official
record of the patent.
(b) The Office may hold in abeyance action on any petition or other
paper filed in a supplemental examination proceeding until after the
proceeding is concluded by the electronic issuance of the supplemental
examination certificate as set forth in § 1.625.
(c) If an unauthorized or otherwise improper paper is filed in a
supplemental examination proceeding, it will not be entered into the
official file or considered, or if inadvertently entered, it will be
expunged.
(d) The patent owner must, as soon as possible upon the discovery
of any other prior or concurrent post patent Office proceeding
involving the patent for which the current supplemental examination is
requested, file a paper limited to notice of the post patent Office
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proceeding, if such notice has not been previously provided with the
request. The notice shall be limited to an identification of the post
patent proceeding, including the type (e.g., ex parte or inter partes
reexamination, reissue, supplemental examination, post-grant review, or
inter partes review), the identifying number of any such proceeding
(e.g., a control number or reissue application number), and the filing
date of any such proceeding, without any discussion of the issues of
the current supplemental examination proceeding or of the identified
post patent Office proceeding(s).
(e) Interviews are prohibited in a supplemental examination
proceeding.
(f) No amendment to any aspect of the patent may be filed in a
supplemental examination proceeding.
(g) If the Office becomes aware, during the course of supplemental
examination or of any reexamination ordered under 35 U.S.C. 257, of a
material fraud on the Office involving the patent requested to be
examined, the supplemental examination proceeding or any reexamination
proceeding ordered under 35 U.S.C. 257 will continue, and the matter
will be referred to the U.S. Attorney General in accordance with 35
U.S.C. 257(e).
§ 1.625 Conclusion of supplemental examination; publication of supplemental
examination certificate; procedure after conclusion.
(a) A supplemental examination proceeding will conclude when the
supplemental examination certificate is electronically issued. The
supplemental examination certificate will indicate the result of the
determination whether any of the items of information presented in the
request raised a substantial new question of patentability.
(b) If the supplemental examination certificate states that a
substantial new question of patentability is raised by one or more
items of information in the request, ex parte reexamination of the patent
will be ordered under 35 U.S.C. 257. Upon the conclusion of the ex parte
reexamination proceeding, an ex parte reexamination certificate, which will
include a statement specifying that ex parte reexamination was ordered under
35 U.S.C. 257, will be published. The electronically issued supplemental
examination certificate will remain as part of the public record of the
patent.
(c) If the supplemental examination certificate indicates that no
substantial new question of patentability is raised by any of the items
of information in the request, and ex parte reexamination is not
ordered under 35 U.S.C. 257, the electronically issued supplemental
examination certificate will be published in due course. The reexamination
fee for supplemental examination, as set forth in § 1.20(k)(2), will be
refunded in accordance with § 1.26(c).
(d) Any ex parte reexamination ordered under 35 U.S.C. 257 will be
conducted in accordance with §§ 1.530 through 1.570, which govern ex parte
reexamination, except that:
(1) The patent owner will not have the right to file a statement
pursuant to § 1.530, and the order will not set a time period
within which to file such a statement;
(2) Reexamination of any aspect of the patent may be conducted on
the basis of any item of information as set forth in § 1.605, and
is not limited to patents and printed publications or to subject matter
that has been added or deleted during the reexamination proceeding,
notwithstanding § 1.552(a);
(3) Issues in addition to those raised by patents and printed
publications, and by subject matter added or deleted during a
reexamination proceeding, may be considered and resolved,
notwithstanding § 1.552(c); and
(4) Information material to patentability will be defined by § 1.56(b),
notwithstanding § 1.555(b).
6. Section 1.937 is amended by adding a new paragraph (d) to read
as follows:
§ 1.937 Conduct of inter partes reexamination.
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* * * * *
(d) A petition in an inter partes reexamination proceeding must be
accompanied by the fee set forth in § 1.20(c)(6), except for
petitions under § 1.956 to extend the period for response by a
patent owner, petitions under § 1.958 to accept a delayed response
by a patent owner, petitions under § 1.78 to accept an unintentionally
delayed benefit claim, and petitions under § 1.530(l) for correction of
inventorship in a reexamination proceeding.
January 19, 2012 DAVID J. KAPPOS
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
| Establishment of a One-Year Retention Period for Patent-Related Papers That Have Been Scanned Into the Image File Wrapper System or the Supplemental Complex Repository for Examiners |
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-P-2011-0032]
Establishment of a One-Year Retention Period for Patent-Related
Papers That Have Been Scanned Into the Image File Wrapper System or the
Supplemental Complex Repository for Examiners
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and Trademark Office (USPTO)
published a notice on August 29, 2011 requesting comments on a proposal
to establish a retention period of one year for patent-related papers
that have been scanned into the Image File Wrapper system (IFW) or the
Supplemental Complex Repository for Examiners (SCORE). The USPTO has
considered the comment and is establishing a one-year retention period
that: (1) Began on September 1, 2011, for papers scanned into IFW or
SCORE prior to September 1, 2011; or (2) began or begins on a paper's
submission date, for papers scanned into IFW or SCORE on or after
September 1, 2011. After the expiration of the one-year retention period
(after September 1, 2012, or later), the USPTO will dispose of the paper
unless, within sufficient time prior to disposal of the paper, the relevant
patent applicant, patent owner, or reexamination party files a bona fide
request to correct the electronic record of the paper in IFW or SCORE, and
the request remains outstanding at the time disposal of the paper would have
otherwise occurred. The one-year retention period for papers scanned into
IFW or SCORE replaces the USPTO's past practice of indefinitely retaining
the papers, which has been rendered unnecessary and not cost-effective by
improvements in scanning and indexing.
DATES: Effective Date: January 25, 2012. Applicability Date: For papers
scanned into IFW or SCORE prior to September 1, 2011, the one-year
retention period began on September 1, 2011. For papers scanned into
IFW or SCORE on or after September 1, 2011, the one-year retention
period began or begins on the paper's submission date.
ADDRESSES: Comments concerning this notice may be sent by electronic
mail message over the Internet addressed to IFWPaperRetention@uspto.gov,
or submitted by mail addressed to: Mail Stop Comments - Patents,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
Although comments may be submitted by mail, 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
USPTO Internet Web site (address: http://www.uspto.gov). Because
comments will be 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: Raul Tamayo, Legal Advisor, Office of
Patent Legal Administration, Office of the Associate Commissioner for
Patent Examination Policy, by telephone at (571) 272-7728, or by mail
addressed to: Mail Stop Comments-Patents, Commissioner for Patents,
P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of
Raul Tamayo.
SUPPLEMENTARY INFORMATION: In August 2011, the USPTO published a notice
requesting comments from the public on a proposal to establish a
retention period of one year for patent-related papers that have been
scanned into IFW or SCORE. See Establishing a One-Year Retention Period
for Patent-Related Papers That Have Been Scanned Into the Image File
Wrapper System or the Supplemental Complex Repository for Examiners, 76
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 183 |
FR 53667 (August 29, 2011), 1370 Off. Gaz. Pat. Office 211 (September
17, 2011). The August 2011 notice explained the USPTO's past practice
of indefinitely retaining papers that have been scanned into IFW or
SCORE. The August 2011 notice set forth in detail the USPTO's reasons
for wanting to establish a one-year retention period for patent-related
papers that have been scanned into IFW or SCORE, including how
improvements in scanning and indexing have rendered the practice of
indefinite paper retention unnecessary and not cost-effective.
The USPTO received one comment in response to the August 2011
notice. Specifically, the comment urged the USPTO to extend the
retention period beyond one year. The comment expressed concern that
the USPTO's system of scanning documents originally filed in paper may
introduce a subtle error that may not become apparent until more than a
year after filing. The comment noted that resolution of the error could
require referring to the application papers as originally filed to
prove that the papers were filed without the error.
The USPTO appreciates the comment and has considered it. However,
as stated in the August 2011 notice, the number of issues that arise
which actually require the USPTO to reference application papers as
originally filed has steadily declined in the years since the USPTO
started scanning, in part due to continued improvements in indexing
techniques and scanning quality, to the point that continued indefinite
retention of papers is not cost-effective. Furthermore, the August 2011
notice sets forth a procedure for resolving disputes concerning the
content of papers as filed versus the content of papers as scanned,
including any such disputes which arise beyond one year, i.e., after
the USPTO has likely disposed of the relevant originally filed papers
under the one-year retention period.
Therefore, the USPTO is establishing a one-year retention period
for papers that have been scanned into IFW or SCORE. Specifically, the
USPTO is establishing a one-year retention period that: (1) Began on
September 1, 2011, for papers scanned into IFW or SCORE prior to
September 1, 2011; or (2) began or begins on the paper's submission
date, for papers scanned into IFW or SCORE on or after September 1,
2011. The one-year retention period is consistent with the USPTO's new
USPTO-specific records disposition authority N1-241-10-1, item 4.4,
which was approved by the National Archives and Records Administration
(NARA) on October 27, 2011, and is available at
http://www.archives.gov/records-mgmt/rcs/schedules/departments/department-
of-commerce/rg-0241/n1-241-10-001_sf115.pdf. Papers that have not been
scanned into IFW or SCORE, such as certain papers placed into Artifact
Folders, are not subject to the one-year retention period and remain
retrievable consistent with past practice. The procedures from the
August 2011 notice for the USPTO to dispose of the paper, and to
resolve disputes concerning the content of papers as filed versus the
content of papers as scanned, are reiterated below.
After the expiration of the one-year retention period (after
September 1, 2012, or later), the USPTO will dispose of the paper,
unless within sufficient time prior to disposal of the paper, the
relevant patent applicant, patent owner, or reexamination party files a
bona fide request to correct the electronic record of the paper in IFW
or SCORE, and the request remains outstanding at the time the paper
would have been scheduled for disposal. Filers of requests to correct
the electronic record are strongly advised to file their requests by
EFS-Web using the document description "Electronic Record Correction"
at least one month prior to the expiration of the one-year retention
period to allow sufficient time to process the request. Requests that
are not filed at least one month prior to the expiration of the one-
year retention period may not be acted upon in time.
During the one-year retention period, a patent applicant, patent
owner, or reexamination party who is considering filing a request to
correct the electronic record of a paper, and who believes that the
evidence establishes that the need for correction was caused by the
USPTO, is advised to consider whether the initial submission date of
the paper needs to be secured for the information being corrected. Such
situations could involve (1) adding information that would not
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 184 |
otherwise be supported by the original specification, (2) avoiding a
reduction in patent term adjustment, or (3) avoiding an impact on the
timeliness of an information disclosure statement under 37 CFR 1.97. If
the initial submission date of the paper does not need to be secured
for the information being corrected, the patent applicant, patent
owner, or reexamination party should simply submit a corrective
replacement document and accept the date of such submission for the
corrective replacement document. If, however, the initial submission date
of the paper needs to be secured for the information being corrected, a
request for correction based on the initially submitted paper should be
filed as a petition under 37 CFR 1.181. The request should specifically
point out the error(s) in the electronic record of the paper in IFW or
SCORE and be accompanied by a replacement copy of the paper, along with
(1) any evidence to establish (a) that the need for correction was caused
by the USPTO, and (b) the proper submission date of the original paper,
and (2) a statement that the replacement copy is a true copy of what was
originally filed.
When making a decision on the request, the USPTO's presumption will
be that the electronic record of the paper in IFW or SCORE is accurate
and correction is not merited. The USPTO will check to see whether it
has the paper at issue. If the USPTO has the paper, the USPTO's version
of the paper will either support the request for correction, in which
case the request will be granted, or the USPTO's version of the paper
will not support the request, in which case the request will be
dismissed.
On the other hand, if the USPTO does not have the paper, e.g., the
paper has been lost, the presumption that the electronic record of the
paper in IFW or SCORE is correct can be rebutted where the evidence
submitted with the request is sufficient to overcome the presumption. A
postcard receipt which itemizes and properly identifies the items that
have been filed serves as prima facie evidence of receipt in the USPTO
of all the items listed thereon on the date stamped thereon by the
USPTO. However, while a postcard receipt may be the only evidence
needed for the USPTO to accept, for example, the missing tenth page of
a 10-page document that has been properly identified on the postcard as
a 10-page document, the postcard receipt may be insufficient, on its
own, for the USPTO to accept a replacement tenth page of a properly
identified 10-page document, where all 10 pages were actually received
by the USPTO and, for example, a sentence is missing on one page or a
chemical structure is thought to have been changed.
Any decision dismissing a request to correct the electronic record
will provide a two-month period to file a request for reconsideration
of the decision, in accordance with 37 CFR 1.181(f).
The USPTO will not dispose of a paper for which, within sufficient
time prior to disposal of the paper, a bona fide request to correct the
electronic record of the paper has been filed and remains outstanding
at the time the paper would have been scheduled for disposal. A request
is a bona fide request when it specifically points out the error(s) in
the paper and is accompanied by any necessary evidence. A general
allegation that a paper requires correction filed without evidentiary
support is not a bona fide request. It would be inadequate to stay the
disposal of the paper and would be dismissed. Once filed, a bona fide
request to correct the electronic record remains outstanding unless the
USPTO has either (1) issued a decision granting either the original
request or a request for reconsideration of the original request, or
(2) issued a final agency decision denying a request for reconsideration
of the original request.
A patent applicant, patent owner, or reexamination party who is
considering filing a request to correct the electronic record of a
paper, but who cannot establish that the need for correction was caused
by the USPTO, is advised to not file the request. Other options for
relief may be available when it cannot be established that the need for
correction was caused by the USPTO. For example, an amendment under 37
CFR 1.57(a) may be filed to address the problem of an application filed
with inadvertently omitted material when the application contains a
claim under 37 CFR 1.55 for priority of a prior-filed foreign
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 185 |
application, or a claim under 37 CFR 1.78 for the benefit of a prior-
filed provisional, nonprovisional, or international application. See
MPEP § 201.17. As another example, an amendment may be filed to
correct an obvious error, along with any evidence, such as an expert
declaration, necessary to establish that one of ordinary skill in the
art would recognize both the existence of the error and the appropriate
correction. See MPEP § 2163.07, II.
A patent applicant, patent owner, or reexamination party may file a
request to correct the electronic record of a paper after the one-year
retention period, if the evidence is believed to establish that the
need for correction was caused by the USPTO, and the initial submission
date of the paper needs to be secured for the information being
corrected. The USPTO likely will have disposed of any paper for which a
request to correct the electronic record is filed after the one-year
retention period. Therefore, the typical request for correction filed
after the one-year retention period will have to overcome the
presumption that the electronic record of the paper in IFW or SCORE is
accurate and correction is not merited. For certain instances, e.g.,
when a paper was inadvertently not scanned into SCORE or placed into an
Artifact Folder, there will be a black and white image of the paper in
IFW that can be used to corroborate any submitted evidence.
The procedure set forth in this notice for filing a request to
correct the electronic record of a paper that has been scanned into IFW
or SCORE is not a replacement for the USPTO's established procedure for
responding to a notice (e.g., a "Notice of Omitted Item(s) in a
Nonprovisional Application") from the Office of Patent Application
Processing (OPAP) indicating that the application papers have been
accorded a filing date, but are lacking some page(s) of the
specification or some of the figures of drawings described in the
specification. Applicants should continue to follow the procedure set
forth at Change in Procedure for Handling Nonprovisional Applications
Having Omitted Items, 1315 Off. Gaz. Pat. Office 103 (February 20,
2007), when responding to such a notice from OPAP.
In addition, the procedure set forth in this notice for filing a
request to correct the electronic record of a paper that has been
scanned into IFW or SCORE is generally applicable only to situations in
which a certain document, or one or more pages of a certain document,
contains an error caused by the USPTO that requires correction. The
procedure set forth in this notice is not a replacement for the USPTO's
file reconstruction procedures (37 CFR 1.251 and MPEP § 508.04).
Paper sources for the image files in IFW are boxed in the order that
they are scanned, rather than by application number or reexamination
control number, such that a request to correct requiring the retrieval
of papers from multiple boxes cannot be reasonably effected.
January 17, 2012 DAVID J. KAPPOS
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
| Establishment of a One-Year Retention Period for Trademark-Related Papers That Have Been Scanned Into the Trademark Initial Capture Registration System |
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
[Docket No. PTO-T-2011-0050]
Establishment of a One-Year Retention Period for
Trademark-Related Papers That Have Been Scanned
Into the Trademark Initial Capture Registration System
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and Trademark Office (USPTO) is
establishing a one-year retention period that began on September 26, 2011,
for papers scanned into the Trademark Initial Capture Registration System
(TICRS) prior to September 26, 2011, or began or begins on a paper's
submission date, for papers scanned into TICRS on or after September 26,
2011. After the expiration of the one-year retention period, the USPTO
will dispose of the paper documents unless, within sufficient time prior
to disposal, the relevant trademark applicant or owner files a request to
correct the electronic record in TICRS, and the request remains
outstanding at the time disposal would otherwise have occurred. The
one-year retention period for papers scanned into TICRS will reduce the
costs currently associated with indefinitely warehousing paper documents,
while permitting sufficient time for the review and rarely needed correction
of the scanning of such paper documents. The USPTO received no comments to
the notice published September 23, 2011 on this proposal.
DATES: Applicability Date: For papers scanned into TICRS prior to September
26, 2011, the one-year retention period began on September 26, 2011. For
papers scanned into TICRS on or after September 26, 2011, the one-year
retention period began or begins on the paper's submission date.
FOR FURTHER INFORMATION CONTACT: Cynthia C. Lynch, Office of the Deputy
Commissioner for Trademark Examination Policy, by telephone at
(571) 272-8742.
SUPPLEMENTARY INFORMATION:
Background
On September 23, 2011, the USPTO published a notice and request for
comments on a proposal to establish a retention period of one year for
trademark-related papers that have been scanned into TICRS. See Request
for Comments on Establishment of a One-Year Retention Period for Trademark-
Related Papers That Have Been Scanned Into the Trademark Initial Capture
Registration System, 76 FR 59114 (September 23, 2011), 1371 OG 168
(October 18, 2011). The USPTO received no comments in response to the notice.
The proposed change to the USPTO's past practice of indefinitely retaining
papers that have been scanned into TICRS stems from the relatively small
number of paper trademark-related submissions received at the USPTO and the
USPTO's practice of scanning all paper documents into TICRS, resulting in
paper documents that duplicate the electronic record in TICRS. Moreover, the
USPTO's multiple reviews of the electronic record in TICRS to ensure accuracy
of the data have rendered the practice of indefinite paper retention
unnecessary and not cost-effective.
Changes: One-Year Retention Period for Paper Records
In view of the lack of any public comments opposing the establishment of
a one-year retention period, the USPTO is establishing a one-year retention
period for the retention of paper records. Specifically, the one-year
retention period begins on: September 26, 2011, for papers scanned into
TICRS prior to September 26, 2011; or a paper's submission date, for papers
scanned into TICRS on or after September 26, 2011. TICRS is available to the
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 187 |
public through the Trademark Document Retrieval (TDR) and the Trademark
Status and Document Retrieval (TSDR) databases on the USPTO Web site. This
plan allows the USPTO and the public sufficient time to review and determine
the accuracy of the record in TICRS/TDR/TSDR and request any needed
corrections, thereby providing assurance that the record is correct. The plan
also significantly reduces the costs currently associated with indefinitely
warehousing duplicative paper records. Paper filings with electronic and
digital media attachments are not subject to the one-year retention period
and will remain retrievable, consistent with past practice.
After the expiration of the one-year retention period, the USPTO will
dispose of the paper records, unless a request to correct the electronic
record in TICRS remains outstanding. Requests to correct the electronic
records in TICRS should be e-mailed to "TM-TDR-Correct@uspto.gov" using the
subject line "Electronic Record Correction" at least one month prior to the
expiration of the one-year retention period to allow sufficient time to
process the request. The request should include: (1) the serial number or
registration number; (2) the date and nature of the paper document filed;
(3) a description of the error(s) in TICRS/TDR/TSDR; (4) the name and
telephone number of the applicant or owner; and (5) a replacement copy of
the paper document, if available. The USPTO will review the request and
update the record within 21 days of receipt, if appropriate. The applicant
or owner may check TICRS or TDR/TSDR approximately three weeks after
submitting the request to verify entry of the requested changes.
January 17, 2012 DAVID J. KAPPOS
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
| Relief Available to Patent and Trademark Applicants, Patentees and Trademark Owners Affected by the Catastrophic Flooding in Thailand |
Relief Available to Patent and Trademark Applicants,
Patentees and Trademark Owners Affected by the
Catastrophic Flooding in Thailand
The United States Patent and Trademark Office (USPTO) considers the
effects of the severe flooding in Thailand that occurred in October and
November 2011, to be an "extraordinary situation" within the meaning of 37
CFR 1.183 and 37 CFR 2.146 for affected patent and trademark applicants,
patentees, reexamination parties, and trademark owners. Since this
catastrophic event occurred outside the United States and did not result in
a postal service interruption in the United States Postal Service, the USPTO
has no authority to designate a postal service emergency as authorized by
35 U.S.C. 21(a).
For patent applications and reexamination proceedings pending in the
USPTO as of November 12, 2011, having one or more inventors, an assignee,
or a correspondence address in areas of Thailand affected by the flooding,
in which a reply or response to an Office action (final, non-final, or
other), a notice of allowance, or other Office notice (hereinafter
collectively referred to as "Office communication") is outstanding, and for
which the statutory or non-statutory time period set for response has not
yet expired, the USPTO will, on applicant's request, or a reexamination
party's request, withdraw the Office communication and reissue it. The
Office communication must have been outstanding on November 12, 2011. The
request must be made prior to expiration of the statutory or non-statutory
time period set for response and within sufficient time so that withdrawal
and reissuance of the Office communication occur prior to expiration of the
statutory or non-statutory time period (as permitted to be extended under
37 CFR 1.136(a), or as extended under 37 CFR 1.550(c) or 37 CFR 1.956). The
request must be accompanied by a copy of this notice. The inclusion of a
copy of this notice will be treated as a representation that the need for
the reissuance of the Office communication was due to the effects of the
severe flooding in October and November 2011. The request should be sent via
EFS-Web or by mail directed to Mail Stop Petition, Commissioner for Patents,
P.O. Box 1450, Alexandria, VA 22313-1450.
For patentees who were unable to timely pay a patent maintenance fee due
to the effects of the severe flooding in October and November 2011, the
USPTO will waive the surcharge in 37 CFR 1.20(h) for paying a maintenance
fee during the six-month grace period following the window to pay the
maintenance fee and the surcharge in 37 CFR 1.20(i) for accepting a delayed
maintenance fee payment when the patentee files the maintenance fee payment
with a petition to accept a delayed maintenance fee under 37 CFR 1.378(c).
See 37 CFR 1.183.
Patentees who seek to pay a maintenance fee during the six-month grace
period following the window to pay the maintenance fee with a request to
waive the surcharge in 37 CFR 1.20(h), must mail the payment and request to:
Director of the United States Patent and Trademark Office, Attn: Maintenance
Fee, 2051 Jamieson Avenue, Suite 300, Alexandria, VA 22314; or via facsimile
to: 571-273-6500.
The request must be accompanied by a copy of this notice. The inclusion
of a copy of this notice with the payment of the maintenance fee during the
grace period will be treated as a representation that the late payment of
the fee was due to the effects of the severe flooding in October and
November 2011, and as a request for sua sponte waiver of the surcharge under
37 CFR 1.20(h). This waiver may only be appropriately requested where the
original window of time to pay the maintenance fee without the surcharge
required by 37 CFR 1.20(h) expired on or after November 12, 2011, and the
delay in paying the fee was due to the effects of the severe flooding in
October and November 2011.
The USPTO advises patentees who need to file a petition to accept a
delayed maintenance fee payment due to the effects of the flooding in
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
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October and November 2011, where the maintenance fee payment was required to
have been paid after November 11, 2011, to promptly file a petition under 37
CFR 1.378(c) (using USPTO form PTO/SB/66 - Petition to Accept Unintentionally
Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c))
accompanied by the applicable maintenance fee payment (but not the surcharge
under 37 CFR 1.20(i)) and a copy of this notice. The inclusion of a copy of
this notice will be treated as a representation that the delay in payment of
the maintenance fee was due to the effects of the severe flooding in October
and November 2011, and as a request for sua sponte waiver of the surcharge
under 37 CFR 1.20(i). The petition must be filed by November 12, 2012, in
order to be entitled to a waiver of the surcharge under 37 CFR 1.20(i).
Patentees are reminded that a petition to accept a delayed maintenance
fee payment under 37 CFR 1.378(c) must be filed within twenty-four months
from the expiration date of the patent. See 35 U.S.C. 41(c). A petition to
accept a delayed maintenance fee payment under 37 CFR 1.378(c) due to the
effects of the severe flooding may be submitted via EFS-Web or by mail
directed to Mail Stop Petition, Commissioner for Patents, P.O. Box 1450,
Alexandria, VA 22313-1450. A petition to accept a delayed maintenance fee
payment filed later than twenty-four months after the expiration date of
the patent must be filed under 37 CFR 1.378(b) and include a showing that
the delay in payment was unavoidable. The USPTO will not waive the surcharge
in 37 CFR 1.20(i) for accepting a delayed maintenance fee payment when the
patentee files the maintenance fee payment with a petition to accept a
delayed maintenance fee under 37 CFR 1.378(b).
For applicants who filed a nonprovisional application on or after November
12, 2011, and prior to December 13, 2011, without an executed oath or
declaration or payment of the basic filing fee, search fee, and/or
examination fee due to the severe flooding in October and November 2011, the
USPTO will waive the surcharge set forth in 37 CFR 1.16(f) for the late
filing of the oath or declaration or basic filing fee, search fee, and/or
examination fee. Patent applicants seeking waiver of the surcharge must
include a copy of this notice, along with the executed oath or declaration or
the basic filing fee, search fee, or examination fee. The inclusion of a copy
of this notice will be treated as a representation that the late filing of
the oath or declaration or the basic filing fee, search fee, or examination
fee was due to the effects of the severe flooding in October and November
2011, and as a request for sua sponte waiver of the surcharge under 37 CFR
1.16(f). The reply to the Notice to File Missing Parts requiring the oath or
declaration or the filing fees may be submitted via EFS-Web or by mail
directed to Mail Stop Missing Parts, Commissioner for Patents, P.O. Box 1450,
Alexandria, VA 22313-1450.
Patent-related inquiries concerning this notice may be directed to the
Office of Patent Legal Administration at (571) 272-7704 ((571) 272-7703 for
reexamination), or by e-mail to PatentPractice@uspto.gov.
For trademark applications and registrations with a correspondence or
owner address in areas of Thailand affected by the severe flooding in October
and November 2011, in which an Office action (final, non-final, or other), a
notice of allowance, or other Office notice requiring a response (hereinafter
collectively referred to as "Office communication") is outstanding, the USPTO
will, upon request, withdraw the Office communication and reissue it. The
request must be made prior to the deadline for responding to the Office
communication, and indicate that the need for the reissuance of the Office
communication is due to the effects of the severe flooding in October and
November 2011. The request should be sent via e-mail to TMFeedback@uspto.gov,
or by mail to Commissioner for Trademarks, P.O. Box 1451, Alexandria, VA
22313-1451. If necessary, changes of correspondence address should be
provided.
For trademark applications and registrations with a correspondence or
owner address in areas of Thailand affected by the flooding as of November
12, 2011, that were abandoned or cancelled due to inability to timely respond
to a trademark-related Office communication due to the effects of the severe
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 190 |
flooding in October and November 2011, the USPTO will waive the petition fee
(set by regulation, rather than statute) to revive the abandoned application
or cancelled registration. Either a petition by regular mail to the address
set forth in the preceding paragraph, or the Trademark Electronic Application
System (TEAS) "Request for Reinstatement" form should be used, and must
include a verified statement that the failure to respond to the Office
communication was due to the effects of the flooding.
Trademark-related inquiries concerning this notice may be directed to the
Trademark Office of Petitions by telephone at (571) 272-8950, by facsimile at
(571) 273-8950, or by e-mail at TMFeedback@uspto.gov.
The USPTO cannot grant waivers or extensions of dates or requirements set
by statute. For example, the following patent-related time periods cannot be
extended by the Director: (1) the period set forth in 35 U.S.C. 119(a)-(d) to
file a nonprovisional patent application claiming the benefit of a prior-
filed foreign application; (2) the twelve-month time period set forth in
35 U.S.C. 119(e) during which a nonprovisional application claiming the
benefit of a prior filed provisional application must be filed in order to
obtain benefit of the provisional application's filing date; (3) the
copendency requirement of 35 U.S.C. 120 between a parent application which
issues as a patent and a later filed child application, which requires that
the child application be filed prior to issuance of the parent application;
(4) the three-month time period to pay the issue fee set forth in 35 U.S.C.
151; (5) the 35 U.S.C. 304 two-month time period from the date of patentee
service, for a requester to file, in an ex parte reexamination, a reply to a
statement filed by the patentee; and (6) the 35 U.S.C. 314(b)(2) thirty-day
time period from the date of service, for a requester to file, in an inter
partes reexamination, written comments addressing issues raised by an Office
action or the patentee's response to the action. The following statutory
trademark-related time periods cannot be extended and statutory fees
cannot be waived by the Director: (1) the 36-month period set forth in 15
U.S.C. 1051(d) within which a statement of use must be filed and the
associated fee(s); (2) the periods set forth in 15 U.S.C. 1058, 1141(k) for
filing affidavits of continued use or excusable nonuse and the associated
fee(s); (3) the period set forth in 15 U.S.C. 1059 for filing a renewal and
the associated fee(s); and (4) the periods set forth in 15 U.S.C. 1063 and
1064 for filing an opposition or cancellation proceeding at the Trademark
Trial and Appeal Board.
January 25, 2012 DAVID J. KAPPOS
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
| Continuation of the Patent Prosecution Highway Pilot Program between the United States Patent and Trademark Office and the European Patent Office based on Patent Cooperation Treaty Work Products |
Continuation of the Patent Prosecution Highway Pilot Program
between the United States Patent and Trademark Office and the
European Patent Office based on Patent Cooperation Treaty Work Products
On January 29, 2010, the United States Patent and Trademark Office (USPTO)
commenced a Patent Prosecution Highway pilot program based on Patent
Cooperation Treaty (PCT) work products (PCT-PPH pilot program) with the
European Patent Office (EPO). The PCT-PPH pilot program enabled an applicant
who has received a written opinion or an international preliminary
examination report from the EPO as the International Searching Authority (ISA)
or International Preliminary Examining Authority (IPEA) indicating that at
least one claim in the PCT application has novelty, inventive step and
industrial applicability to have the corresponding application filed in the
USPTO be advanced out of turn for examination. See notice titled "Patent
Prosecution Highway Pilot Program between the United States Patent and
Trademark Office and the European Patent Office based on Patent Cooperation
Treaty Work Products," 1351 Off. Gaz. Pat. Office 208 (February 23, 2010).
The USPTO indicated that the PCT-PPH pilot program would last for a period of
two years ending on January 28, 2012, but may be extended for an additional
time period thereafter.
In order to adequately assess the feasibility of the PCT-PPH pilot program,
the USPTO and EPO have agreed to extend the pilot for two years ending on
January 28, 2014, in order to collect more information before any formal
decision on the program is made.
Any inquiries concerning this notice may be directed to Bryan Lin, Office
of PCT Legal Administration, at 571-272-3303, or via e-mail addressed to
bryan.lin@uspto.gov.
Specific questions about the Patent Prosecution Highway should be directed
to the Office of Petitions, at 571-272-3282, or via e-mail addressed to
PPHfeedback@uspto.gov.
January 24, 2012 DAVID J. KAPPOS
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
| Continuation of the Patent Prosecution Highway Pilot Program between the United States Patent and Trademark Office and the Japan Patent Office based on Patent Cooperation Treaty Work Products |
Continuation of the Patent Prosecution Highway Pilot Program
between the United States Patent and Trademark Office and the
Japan Patent Office based on Patent Cooperation Treaty Work Products
On January 29, 2010, the United States Patent and Trademark Office (USPTO)
commenced a Patent Prosecution Highway pilot program based on Patent
Cooperation Treaty (PCT) work products (PCT-PPH pilot program) with the Japan
Patent Office (JPO). The PCT-PPH pilot program enabled an applicant who has
received a written opinion or an international preliminary examination report
from the JPO as the International Searching Authority (ISA) or International
Preliminary Examining Authority (IPEA) indicating that at least one claim in
the PCT application has novelty, inventive step and industrial applicability
to have the corresponding application filed in the USPTO be advanced out of
turn for examination. See notice titled "Patent Prosecution Highway Pilot
Program between the United States Patent and Trademark Office and the Japan
Patent Office based on Patent Cooperation Treaty Work Products," 1351 Off.
Gaz. Pat. Office 209 (February 23, 2010). The USPTO indicated that the PCT-
PPH pilot program would last for a period of two years ending on January 28,
2012, but may be extended for an additional time period thereafter.
In order to adequately assess the feasibility of the PCT-PPH pilot
program, the USPTO and JPO have agreed to extend the pilot for two years
ending on January 28, 2014, in order to collect more information before any
formal decision on the program is made.
Any inquiries concerning this notice may be directed to Bryan Lin, Office
of PCT Legal Administration, at 571-272-3303, or via e-mail addressed to
bryan.lin@uspto.gov.
Specific questions about the Patent Prosecution Highway should be directed
to the Office of Petitions, at 571-272-3282, or via e-mail addressed to
PPHfeedback@uspto.gov.
January 21, 2012 DAVID J. KAPPOS
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
Disclaimers
6,575,304 B2 - George F. Cudahy, Anthony, NM (US). VIBRATING SCREEN
APPARATUS. Patent dated June 10, 2003. Disclaimer filed December 22, 2011,
by the inventor.
Hereby disclaims to the complete claims 1-15 of the said patent.
8,055,350 B2 - Earle Roberts, Maple Grove, MN (US). SYSTEM AND METHOD FOR
ENABLING COMMUNICATIONS WITH IMPLANTABLE MEDICAL DEVICES. Patent dated
November 8, 2011. Disclaimer filed December 12, 2011, by the assignee,
Cardiac Pacemakers, Inc.
The term of this patent shall not extend beyond the expiration date of
patent numbers 8,024,043 and 7,359,753.
Erratum
In the notice of Disclaimers appearing in January 24, 2012 Official
Gazette, delete in its entirety the reference to Patent No. 7,971,948.
Disclaimer was published in error and should not have been printed.
Errata
"All reference to Patent No. D,652,768 to Andrew Evans of Chatham, Canada
for MOBILE ICE CREAM KIOSK appearing in the Official Gazette of January 24,
2012 should be deleted since no patent was granted."
"All reference to Patent No. 8,099,934 to David M. Stravitz of New York,
NY for WASTE DISPOSAL DEVICES appearing in the Official Gazette of January
24, 2012 should be deleted since no patent was granted."
"All reference to Patent No. 8,100,059 to Tai Steven, et al of Chicago,
IL for ADJUSTABLE CAB ISOLATOR BRACKET appearing in the Official Gazette of
January 24, 2012 should be deleted since no patent was granted."
"All reference to Patent No. 8,100,491 to Atsushi Oshima, et al of
Shiojiri-Shi, Japan for LIQUID JET APPARATUS AND PRINTING APPARATUS appearing
in the Official Gazette of January 24, 2012 should be deleted since no patent
was granted."
"All reference to Patent No. 8,100,521 to Akihisa Wanibe of Matsumoto-Shi,
Japan for LIQUID CONTAINER appearing in the Official Gazette of January 24,
2012 should be deleted since no patent was granted."
"All reference to Patent No. 8,100,998 to Prakash K. Mirchandani, et al of
Hampton Cove, AL for INFILTRATION OF HARD PARTICLES WITH MOLTEN LIQUID
BINDERS INCLUDING MELTING POINT REDUCING CONSTITUENTS, AND METHODS OF CASTING
BODIES OF EARTH-BORING TOOLS appearing in the Official Gazette of January 24,
2012 should be deleted since no patent was granted."
"All reference to Patent No. 8,101,224 to Jon R. Anfinsen, et al of
Alachua, FL for REDUCED DIGESTIBLE CARBOHYDRATE FOOD HAVING REDUCED BLOOD
GLUCOSE RESPONSE appearing in the Official Gazette of January 24, 2012 should
be deleted since no patent was granted."
"All reference to Patent No. 8,101,384 to William L. Mengeling, et al of
Ames, IA for PORCINE REPRODUCTIVE AND RESPIRATORY SYNDROME VACCINE BASED ON
ISOLATE JA-142 appearing in the Official Gazette of January 24, 2012 should
be deleted since no patent was granted."
"All reference to Patent No. 8,101,499 to Hon-Lin Huang, et al of Hsin-
Chu, Taiwan for FORMATION OF TSV BACKSIDE INTERCONNECTS BY MODIFYING CARRIER
WAFERS appearing in the Official Gazette of January 24, 2012 should be
deleted since no patent was granted."
"All reference to Patent No. 8,101,549 to Frank C. Kohn of St. Louis,
Missouri for CONTROL OF SHOOT/FOLIAR FEEDING PESTS WITH PESTICIDE SEED
TREATMENTS appearing in the Official Gazette of January 24, 2012 should be
deleted since no patent was granted."
"All reference to Patent No. 8,101,631 to Dominik Feuerbach, et al of
Mullheim, Germany for NOVEL 1-AZA-BICYCLOALKYL DERIVATIVES appearing in the
Official Gazette of January 24, 2012 should be deleted since no patent was
granted."
"All reference to Patent No. 8,101,694 to Amir Kiumars Karbasi, et al of
Espoo, Finland for PROCESS TO PRODUCE POLYOLEFINS WITH EXTRA LOW IMPURITY
CONTENT appearing in the Official Gazette of January 24, 2012 should be
deleted since no patent was granted."
"All reference to Patent No. 8,101,926 to Shouyin Zhang, et al of
Portland, OR for CHARGED PARTICLE BEAM SYSTEM HAVING MULITPLE USER-SELECTABLE
OPERATING MODES appearing in the Official Gazette of January 24, 2012 should
be deleted since no patent was granted."
"All reference to Patent No. 8,102,257 to Jeffrey Aaron of Atlanta, GA for
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 196 |
DEVICES AND METHODS FOR DETECTING ENVIRONMENTAL CIRCUMSTANCES AND RESPONDING
WITH DESIGNATED COMMUNICATION ACTIONS appearing in the Official Gazette of
January 24, 2012 should be deleted since no patent was granted."
"All reference to Patent No. 8,103,201 to Kazuhiro Doda, et al of
Yokohama-Shi, Japan for IMAGE FORMING APPARATUS HAVING A TRANSFER DEVICE
HAVING ONE OR BOTH OF CONCAVE AND CONVEX PORTIONS appearing in the Official
Gazette of January 24, 2012 should be deleted since no patent was granted."
"All reference to Patent No. 8,103,283 to Kojiro Hamabe, et al of Tokyo,
Japan for CELLULAR SYSTEM, CARRIER ALLOCATION METHOD THEREOF, BASE STATION,
AND MOBILE STATION appearing in the Offical Gazette of January 24, 2012
should be deleted since no patent was granted."
"All reference to Patent No. 8,103,500 to Shinji Ikegami, et al of
Fukuoka, Japan for VOICE COMMUNICATION APPARATUS appearing in the Official
Gazette of January 24, 2012 should be deleted since no patent was granted."
"All reference to Patent No. 8,103,637 to Seiichiro Saito of Kawasaki,
Japan for MULTI-PROCESSOR appearing in the Official Gazette of January 24,
2012 should be deleted since no patent was granted."
"All reference to Patent No. 8,103,688 to Jingjun Ye, et al of Hangzhou,
China for METHOD AND SYSTEM FOR DETERMINING JUNK INFORMATION appearing in the
Official Gazette of January 24, 2012 should be deleted since no patent was
granted."
"All reference to Patent No. 8,103,955 to Yoichiro Sako, et al of Tokyo,
Japan for TABLE GENERATING METHOD, INFORMATION PROCESSING APPARATUS, AND
RECORDING MEDIUM HAVING RECORDED TABLE GENERATING PROGRAM THEREON appearing
in the Official Gazette of January 24, 2012 should be deleted since no patent
was granted."
| Certificates of Correction |
Certificates of Correction
for January 31, 2012
5,982,009 7,811,697 8,009,905 8,050,036
6,183,503 7,812,241 8,010,191 8,050,268
6,387,884 7,817,599 8,010,192 8,050,287
6,477,541 7,820,018 8,011,086 8,050,334
6,499,103 7,820,399 8,011,506 8,050,373
6,647,373 7,822,688 8,011,623 8,050,398
6,667,344 7,827,078 8,012,370 8,050,684
6,718,047 7,827,216 8,013,007 8,050,718
6,754,537 7,828,776 8,013,149 8,050,753
6,837,871 7,833,537 8,013,480 8,050,757
6,885,748 7,834,891 8,013,495 8,050,758
6,905,414 7,837,116 8,013,797 8,050,987
6,956,968 7,837,118 8,013,935 8,051,197
6,959,100 7,842,763 8,014,026 8,051,355
7,040,658 7,846,431 8,014,354 8,051,405
7,164,413 7,848,540 8,014,448 8,051,409
7,229,745 7,849,057 8,014,527 8,051,795
7,289,789 7,850,258 8,014,860 8,051,812
7,326,557 7,850,787 8,015,162 8,051,841
7,357,983 7,851,054 8,015,900 8,052,534
7,366,154 7,853,750 8,016,851 8,052,760
7,377,443 7,854,876 8,017,064 8,053,202
7,381,067 7,855,308 8,017,103 8,053,598
7,397,476 7,855,840 8,017,117 8,053,839
7,409,428 7,858,224 8,017,615 8,053,887
7,412,510 7,859,795 8,017,754 8,054,071
7,424,868 7,860,726 8,018,812 8,054,156
7,428,134 7,863,897 8,018,946 8,054,163
7,449,963 7,865,206 8,019,333 8,054,557
7,470,650 7,866,167 8,020,100 8,054,740
7,485,279 7,867,667 8,020,847 8,055,826
7,499,305 7,867,940 8,023,015 8,056,072
7,509,258 7,871,794 8,023,941 8,056,624
7,513,278 7,872,003 8,023,975 8,057,053
7,521,405 7,873,491 8,024,423 8,057,061
7,521,593 7,873,840 8,024,681 8,057,308
7,541,814 7,873,963 8,024,900 8,057,601
7,545,964 7,874,095 8,025,769 8,058,247
7,553,429 7,875,294 8,025,874 8,058,254
7,565,552 7,879,484 8,026,353 8,058,275
7,565,838 7,884,077 8,026,651 8,058,607
7,566,664 7,884,081 8,026,998 8,059,543
7,590,449 7,884,724 8,027,020 8,059,695
7,594,774 7,885,775 8,027,172 8,060,597
7,603,365 7,888,452 8,027,705 8,060,817
7,610,891 7,889,960 8,027,813 8,061,022
7,611,393 7,902,228 8,027,821 8,061,118
7,630,782 7,902,756 8,027,967 8,061,886
7,646,643 7,904,649 8,028,078 8,062,134
7,649,088 7,906,083 8,028,765 8,062,355
7,654,490 7,906,140 8,029,369 8,062,850
7,654,948 7,908,173 8,029,532 8,063,219
7,671,061 7,910,339 8,029,723 8,063,481
7,693,228 7,910,547 8,030,156 8,064,331
7,702,578 7,911,400 8,030,217 8,064,344
7,725,256 7,914,985 8,030,498 8,064,456
7,725,702 7,918,758 8,030,557 8,064,478
7,736,669 7,919,681 8,030,604 8,064,532
7,744,164 7,922,737 8,031,119 8,065,019
7,765,403 7,923,599 8,031,243 8,065,103
7,766,849 7,924,769 8,031,264 8,065,326
7,767,064 7,925,145 8,031,496 8,065,365
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 198 |
7,767,660 7,927,589 8,032,026 8,065,466
7,774,628 7,929,602 8,032,193 8,065,638
7,777,000 7,929,614 8,033,378 8,065,888
7,782,873 7,932,640 8,033,579 8,066,262
7,783,465 7,933,445 8,033,938 8,066,475
7,783,753 7,933,754 8,034,000 8,066,563
7,795,014 7,934,402 8,034,198 8,066,631
7,795,981 7,934,766 8,034,284 8,066,875
7,796,004 7,935,153 8,034,688 8,066,891
7,797,723 7,935,961 8,034,776 8,066,919
7,799,583 7,938,207 8,035,872 8,067,014
7,801,944 7,939,167 8,036,087 8,067,022
7,803,495 7,943,675 8,036,133 8,067,241
7,804,468 7,945,411 8,036,150 8,067,456
7,805,064 7,946,483 8,036,501 8,067,692
7,805,414 7,953,103 8,036,608 8,067,975
6,956,968 7,953,629 8,036,684 8,067,986
6,959,100 7,953,644 8,036,715 8,068,276
7,040,658 7,954,200 8,036,795 8,069,050
7,164,413 7,956,865 8,036,806 8,069,113
7,229,745 7,957,609 8,037,192 8,069,417
7,289,789 7,958,807 8,037,209 8,069,481
7,326,557 7,959,074 8,037,576 8,069,858
7,357,983 7,959,650 8,037,829 8,069,928
7,366,154 7,959,875 8,038,084 8,069,973
7,377,443 7,960,603 8,038,731 8,070,173
7,381,067 7,962,418 8,038,786 8,070,578
7,397,476 7,965,785 8,038,920 8,070,583
7,409,428 7,968,176 8,039,193 8,070,639
7,412,510 7,968,762 8,039,830 8,070,685
7,424,868 7,969,161 8,039,859 8,070,773
7,428,134 7,969,361 8,040,090 8,071,121
7,449,963 7,971,786 8,040,110 8,071,127
7,470,650 7,971,990 8,040,644 8,071,210
7,485,279 7,972,809 8,040,805 8,071,491
7,499,305 7,976,670 8,040,844 8,071,996
7,509,258 7,978,095 8,041,388 8,072,418
7,513,278 7,979,966 8,041,393 8,072,882
7,521,405 7,983,055 8,041,562 8,073,024
7,521,593 7,983,341 8,041,740 8,073,113
7,541,814 7,986,681 8,041,773 8,073,125
7,545,964 7,986,760 8,042,105 8,073,442
7,553,429 7,986,778 8,043,177 8,073,489
7,565,552 7,986,837 8,044,172 8,073,569
7,565,838 7,986,916 8,044,384 8,073,709
7,566,664 7,986,971 8,044,588 8,073,766
7,590,449 7,987,985 8,044,653 8,073,792
7,594,774 7,988,191 8,044,662 8,073,854
7,603,365 7,988,247 8,044,906 8,073,920
7,610,891 7,988,654 8,045,657 8,073,959
7,611,393 7,988,698 8,045,684 8,074,054
7,630,782 7,988,765 8,045,765 8,074,181
7,646,643 7,990,248 8,045,939 8,074,231
7,649,088 7,990,262 8,046,161 8,074,234
7,654,490 7,990,354 8,046,355 8,074,258
7,654,948 7,990,358 8,046,415 8,074,432
7,671,061 7,990,737 8,046,617 8,074,634
7,693,228 7,990,901 8,046,736 8,074,673
7,702,578 7,991,161 8,046,901 8,074,938
7,725,256 7,991,202 8,046,906 8,074,998
7,725,702 7,991,773 8,046,967 8,076,596
7,736,669 7,992,519 8,047,087 8,076,647
7,744,164 7,993,482 8,047,165 8,076,671
7,765,403 7,994,265 8,047,232 8,077,034
7,766,849 7,995,629 8,047,284 8,077,396
7,767,064 7,996,766 8,047,741 8,078,582
| February 21, 2012 |
US PATENT AND TRADEMARK OFFICE |
1375 OG 199 |
7,767,660 7,998,718 8,047,822 8,078,914
7,774,628 8,000,339 8,047,908 8,079,073
7,777,000 8,000,343 8,047,972 8,080,299
7,782,873 8,000,498 8,048,012 8,080,645
7,783,465 8,000,535 8,048,032 8,081,419
7,783,753 8,000,673 8,048,041 8,081,527
7,795,014 8,001,286 8,048,070 8,085,860
7,795,981 8,002,231 8,048,233 8,086,398
7,796,004 8,002,823 8,048,507 8,086,696
7,797,723 8,002,947 8,048,516 D. 643,765
7,799,583 8,003,647 8,048,678 D. 645,450
7,801,944 8,004,447 8,048,700 D. 646,785
7,803,495 8,004,628 8,048,979 D. 647,698
7,804,468 8,005,541 8,049,112 D. 649,484
7,805,064 8,005,854 8,049,132 D. 649,780
7,805,746 8,007,277 8,049,352 RE. 42,933
7,809,382 8,008,013 8,049,691 RE. 43,041
7,809,776 8,009,816 8,049,966
7,811,694 8,009,865 8,050,000
| Summary of Final Decisions Issued by the Trademark Trial and Appeal Board |
SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
January 17 – January 20, 2012
| Date Issued |
Type of Case(1) |
Proceeding or Appn. Number |
Party or Parties |
TTAB Panel (2) |
Issue(s) |
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 or services cited by Examining Attorney |
Issued as Precedent of TTAB |
| 1-17 |
EX |
85005921 85006121 |
Homie International Corp. |
Grendel Kuhlke Bergsman* |
2(d) |
Refusals Affirmed |
|
HOMIES and HOMIE (both for) [athletic bags and back packs] |
HOMIES (and design) [t-shirts and hats] |
No |
| 1-17 |
EX |
77508734 |
The Restaurant Company |
Quinn Lykos*
Shaw |
1, 3 & 45 (specimen) |
Refusal Affirmed |
|
CHA CHA [restaurant services] |
|
No |
| 1-17 |
EX |
77812771 |
Matthew W. Fitzgerald |
Grendel Mermelstein Shaw* |
2(d) |
Refusal Affirmed |
|
MANN ORCHARDS (and design) [pies, bread and pastries] [raw fruits] |
MANN (stylized) [fresh vegetables] |
No |
| 1-17 |
EX |
85010558 |
Sport Elle, Inc. |
Kuhlke Ritchie* Kuczma |
2(e)(1), 6(a) |
Refusal Affirmed in the Absence of Disclaimer |
|
SPORT COUTURE BY ONQUE [clothing for women, namely blouses; halter tops; jackets; pants; shirts; slacks; spot shirts; sweaters; t-shirts; tops] |
|
No |
| 1-18 |
EX |
77879157 |
Source Interlink Magazines, LLC |
Bucher Zervas Bergsman* |
2(d) |
Refusal Affirmed |
|
ULTIMATE PUZZLE SOURCE [magazine containing puzzles] |
THE ULTIMATE PUZZLE (and design) [puzzles] |
No |
| 1-18 |
EX |
77660948 |
City of Houston |
Kuhlke Cataldo Mermelstein* |
2(b) |
Refusal Affirmed |
|
CITY OF HOUSTON TEXAS (and design) [promoting trade, commerce, economic development and tourism; business administration and management of municipality services] [providing public utilities] |
|
Yes |
| 1-18 |
EX |
77643857 |
The Government of the District of Columbia |
Kuhlke Cataldo Mermelstein* |
2(b) |
Refusal Affirmed |
|
DISTRICT OF COLUMBIA (and design) [clocks; cufflinks; lapel pins; tie tacks] [desk sets; holders for desk accessories; holders for notepads; memo pads; notepads; pen and pencil cases and boxes; pencils; pens] [coasters not of paper and not being table linen; cups and mugs] [hats; polo shirts; sweat pants; sweat shirts; t-shirts] |
|
Yes |
| 1-19 |
EX
|
77666448 77667009 |
Lori Goldstein |
Bucher* Cataldo
Lykos |
2(d) |
Refusal Affirmed
|
|
LOGO and LOGO (stylized) [sweaters, pants, jackets, scarves, t-shirts, headwear and footwear] |
LOGO GEAR [shirts, t-shirts, sweatshirts, jackets, vests, anoraks and hats] |
No |
| 1-19 |
EX |
77870089 |
Sante Semprini Cesari and Roland Hairtrend Inc. |
Quinn Bergsman* Shaw |
2(d) |
Refusals Affirmed |
|
UNA PHYTOLOGY RANGE (and design) [hair bleaching preparations; hair care creams, lotions; hair gel, mousse, lacquers, lotion, wax, spray, shampoos, conditioners; non-medicated hair serums] |
PHYTOLOGIE [hair shampoos, lotions, sprays and conditioners, essential oils for making air shampoos and lotions]; PER UNA [wide variety of cosmetics and personal care products, including, hair masks, serums, gel, foam, spray, dyes, shampoos and conditioners] |
No |
| 1-20 |
EX |
77939659 |
Alvogen IP Co. S.a.r.l. |
Rogers Zervas*
Lykos |
2(d) |
Refusal Affirmed |
|
A (and design) [pharmaceutical preparations, namely, antibiotics, antidiabetics, antihypertensives, antidepressants, analgesics, anti-inflammatories, antivirals, and antiepileptics; transdermal patches for use in the treatment of infections, diabetes, hypertension, depression, pain, inflammation, and epilepsy; and contraceptive sponges] |
Design of mobius triangle [pharmaceutical preparations, namely, medicines for the treatment of obesity, tobacco withdrawal, and for prevention of cardiovascular diseases; dietetic foods adapted for medical use; beverages for medical use, namely, nutritionally fortified beverages and vitamin fortified beverages; medicinal infusions in the nature of medicinal herbs] |
No |
(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to Dismiss; (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 "Mail to be Directed to the
Director of the Patent And Trademark Office" 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
significantly delayed in reaching the appropriate area for which they are
intended. The mail stop should generally appear as the first line in
the address.
Most correspondence may be submitted electronically. See the USPTO's
Electronic Filing System (EFS-Web) internet page
http://www.uspto.gov/patents/process/file/efs/index.jsp for additional
information.
Please address mail to be delivered by the United States Postal Service
(USPS) as follows:
Mail Stop _____
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450
If no Mail Stop is indicated below, the line beginning Mail Stop should
be omitted from the address.
Except correspondence for Maintenance Fee payments, Deposit Account
Replenishments (see 37 CFR 1.25(c)(4)), and Licensing and Review (see 37 CFR
5.1(c) and 5.2(c)), please address patent-related correspondence to be
delivered by other delivery services (Federal Express (Fed Ex), UPS, DHL,
Laser, Action, Purolator, etc.) as follows:
United States Patent and Trademark Office
Customer Service Window, Mail Stop _____
Randolph Building
401 Dulany Street
Alexandria, VA 22314
Mail Stop
Designations Explanation
Mail Stop 12 Contributions to the Examiner Education Program.
Mail Stop 313(c) Petitions under 37 CFR 1.313(c) to withdraw a
patent application from issue after payment of
the issue fee and any papers associated with the
petition, including papers necessary for a
continuing application or a request for
continued examination (RCE).
Mail Stop AF Amendments and other responses after final
rejection (e.g., a notice of appeal (and any
request for pre-appeal brief conference)),
other than an appeal brief.
Mail Stop Amendment Information disclosure statements, drawings, and
replies to Office actions in patent applications
with or without an amendment to the application or
a terminal disclaimer. (Use Mail Stop AF for
replies after final rejection.)
Mail Stop Appeal For appeal briefs or other briefs under
Brief-Patents part 41 of title 37 of the Code of Federal
Regulations (e.g., former 37 CFR 1.192).
Mail Stop Public comments regarding patent-related
Comments-Patent regulations and procedures.
Mail Stop Conversion Requests under 37 CFR 1.53(c)(2) to convert a
nonprovisional application to a provisional
application and requests under 37 CFR 1.53(c)(3)
to convert a provisional application to a
nonprovisional application.
Mail Stop EBC Mail for the Electronic Business Center including:
Certificate Action Forms, Request for Customer
Number, and Requests for Customer Number Data
Change (USPTO Forms PTO-2042, PTO/SB/124A and 125A,
respectively) and Customer Number Upload
Spreadsheets and Cover Letters.
Mail Stop Expedited Only to be used for the initial filing of
Design design applications accompanied by a
request for expedited examination under
37 CFR 1.155.
Mail Stop Express Requests for abandonment of a patent
Abandonment application pursuant to 37 CFR 1.138,
including any petitions under 37 CFR
1.138(c) to expressly abandon an
application to avoid publication of the
application.
Mail Stop Applications under 35 U.S.C. 156 for patent term
Hatch-Waxman PTE extension based on regulatory review of a product
subject to pre-market review by a regulating
agency. This mail stop is also to be used for
additional correspondence regarding the
application for patent term extension under
35 U.S.C. 156. It is preferred that such initial
requests be hand-carried to:
Office of Patent Legal Administration
Room MDW 7D55
600 Dulany Street (Madison Building)
Alexandria, VA 22314
Mail Stop ILS Correspondence relating to international patent
classification, exchanges and standards.
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,
unless advised to the contrary.
Assignments are the exception. Assignments
(with cover sheets) should be faxed to
571-273-0140, electronically submitted
(http://epas.uspto.gov), or submitted in a
separate envelope and sent to Mail Stop
Assignment Recordation Services,
Director - U.S. Patent and Trademark Office
as shown below.
Mail Stop L&R All documents pertaining to applications subject
to secrecy order pursuant to 35 U.S.C. 181, or
national-security classified and required to be
processed accordingly. Such papers, petitions for
foreign filing license pursuant to 37 CFR 5.12(b)
for which expedited handling is requested, and
petitions for retroactive license under 37 CFR
5.25 may also be hand carried to Licensing and
Review:
Technology Center 3600, Office of the Director
Room 4B41
501 Dulany Street (Knox Building)
Alexandria, VA 22314
Mail Stop Missing Requests for a corrected filing receipt and
Parts replies to OPAP notices such as the Notice
of Omitted Items, Notice to File Corrected
Application Papers, Notice of Incomplete
Application, Notice to Comply with Nucleotide
Sequence Requirements, and Notice to File Missing
Parts of Application, and associated papers and
fees.
Mail Stop MPEP Submissions concerning the Manual of Patent
Examining Procedure.
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
is limited to petitions for patent term extension
under 35 U.S.C. 154 for applications filed
between June 8, 1995 and May 29, 2000, and patent
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).
Mail Stop Petition Petitions to be decided by the Office of Petitions,
including petitions to revive and petitions to
accept late payment of issue fees or maintenance
fees.
Mail Stop PGPUB Correspondence regarding publication of patent
applications not otherwise provided, including:
requests for early publication made after filing,
rescission of a non-publication request, corrected
patent application publication, and refund of
publication fee.
Mail Stop Post In patented files: requests for changes of
Issue correspondence address, powers of attorney,
revocations of powers of attorney, withdrawal as
attorney or agent and submissions under 37
CFR 1.501. Designation of, or changes to, a fee
address should be addressed to Mail Stop M
Correspondence. Requests for Certificate of
Correction need no special mail stop, but
should be mailed to the attention of Certificate
of Correction Branch.
Mail Stop RCE Requests for continued examination under
37 CFR 1.114.
Mail Stop Correspondence pertaining to the reconstruction
Reconstruction of lost patent files.
Mail Stop Ex Parte Original requests for Ex Parte Reexamination
Reexam and all subsequent corresponcence other
than correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)).
Mail Stop Inter Original requests for Inter Partes Reexamination
Partes Reexam and all subsequent correspondence other than
correspondence to the Office of the Solicitor
(see 37 CFR 1.1(a)(3) and 1.302(c)).
Mail Stop Reissue All new and continuing reissue application filings.
Mail Stop Sequence Submission of the computer readable form (CRF) for
applications with sequence listings, when the CRF
is not being filed with the patent application.
Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/patents/mail.jsp.
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS
Please address trademark-related correspondence 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:
Commissioner for Trademarks
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 Dulany Street
MDE-7B87
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Office's Deputy Commissioner for
Trademark Policy regarding Letters of Protest must be mailed to:
Letter of Protest
ATTN: Deputy Commissioner for Trademark Policy
600 Dulany Street
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Director regarding the Fastener
Quality Act (FQA) must be mailed to:
Director, USPTO
ATTN: FQA
600 Dulany Street, MDE-10A71
Alexandria, VA 22314-5793
Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:
Native American Tribal Insignia
ATTN: Commissioner for Trademarks
600 Dulany Street
MDE-10A71
Alexandria, VA 22314-5793
Do NOT send any of the following via USPS certified mail or with a
"signature required" option: submissions to the Madrid Processing Unit,
Letters of Protest, applications for recordal of insignia under the
Fastener Quality Act, notifications of Native American Tribal Insignia.
Trademark-related mail to be delivered by hand or other private courier
or delivery service (e.g., UPS, Federal Express) to the Trademark Operation,
the Trademark Trial and Appeal Board, or the Office's Madrid Processing Unit,
must be delivered to:
Trademark Assistance Center
Madison East, Concourse Level Room C 55
600 Dulany Street
Alexandria, VA 22314
Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/trademarks/mail.jsp.
MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE
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
otherwise instructed):
Mail Stop _____
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
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.
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.
Mail Stop 17 Invoices directed to the Office of Finance.
Mail Stop 24 Mail for the Inventor's Assistance Program,
including complaints about Invention Promoters.
Mail Stop 171 Vacancy Announcement Applications.
Mail Stop Assignment All assignment documents, security interests,
Recordation Services and other documents to be recorded in the
Assignment records. Note that documents with
cover sheets that are faxed to 571-273-0140 or
submitted electronically (http://epas.uspto.gov)
are processed much more quickly than those
submitted by mail.
Mail Stop Document All requests for certified or uncertified
Services copies of patent or trademark documents.
Mail Stop EEO Mail for the Office of Civil Rights.
Mail Stop External Mail for the Office of External Affairs.
Affairs
Mail Stop Interference Communications relating to interferences and
applications and patents involved in interference.
Mail Stop M Mail to designate or change a fee
Correspondence address, or other correspondence related to
maintenance fees, except payments of
maintenance fees in patents. See below for
the address for maintenance fee payments.
Mail Stop OED Mail for the Office of Enrollment and Discipline.
Maintenance Fee Payments
Unless submitted electronically over the Internet at www.uspto.gov, or by
facsimile, payments of maintenance fees in patents should be mailed through
the United States Postal Service.
Mailing address if paying with a check or money order:
United States Patent and Trademark Office
P.O. Box 979070
St. Louis, MO 63197-9000
Mailing address if paying by credit card or deposit account (or by hand-
delivery):
Director of the U.S. Patent and Trademark Office
Attn.: Maintenance Fees
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314
Information about the Maintenance Fee Branch may also be found on the
USPTO's web site at http://www.uspto.gov/about/offices/cfo/finance/receipts_
division.jsp.
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
St. Louis, MO 63197-9000
Or
Director of the U.S. Patent and Trademark Office
Attn.: Deposit Accounts
2051 Jamieson Avenue, Suite 300
Alexandria, VA 22314
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 U.S. Patent and Trademark Office
Attn.: Deposit Accounts
2051 Jamieson Avenue, Suite 300
Alexandria, VA 22314
Information abount deposit account replenishments may also be found on
the USPTO's web site at
http://www.uspto.gov/about/offices/cfo/finance/Deposit_Account_
Replenishments.jsp
Top of Notices
| Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Centers |
Reference Collections of U.S. Patents Available for
Public Use in Patent and Trademark Resource Centers
The following libraries, designated as Patent and Trademark Resource Centers
(PTRCs), 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 PTRC 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 Fairbanks: Keith B. Mather Library,
Geophysical Institute,
University of Alaska, Fairbanks (907) 474-2636
Arkansas Little Rock: Arkansas State
Library (501) 682-2053
California Los Angeles Public Library (213) 228-7220
Riverside: University of
California, Riverside, Orbach
Science Library (951) 827-3316
Sacramento: California State
Library (916) 654-0261
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
Connecticut Fairfield: Ryan-Matura Library
Sacred Heart University (203) 371-7726
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: Library and Information
Center, Georgia Institute of
Technology (404) 385-7185
Hawaii Honolulu: Hawaii State Library (808) 586-3477
Illinois Chicago Public Library (312) 747-4450
Macomb: Western Illinois
University Libraries (309) 298-2722
Indiana Indianapolis-Marion County Public
Library (317) 269-1741
West Lafayette Siegesmund
Engineering Library,
Purdue University (765) 494-2872
Iowa Davenport: Davenport Public Library (563) 326-7832
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: Art, Architecture &
Engineering Library,
University of Michigan (734) 647-5735
Big Rapids: Ferris Library for
Information, Technology &
Education, Ferris State
University (231) 592-3602
Detroit: Public Library (313) 481-1391
Minnesota Hennepin County Library
Minneapolis Central Library (952) 847-8000
Mississippi Jackson: Mississippi Library
Commission (601) 961-4111
Missouri Kansas City: Linda Hall Library (816) 363-4600
Ext. 724
St. Louis Public Library (314) 352-2900
Montana Butte: Montana Tech Library of
the University of Montana (406) 496-4281
Nebraska Lincoln: Engineering Library,
University of Nebraska-Lincoln (402) 472-3411
Nevada Reno: University of Nevada, Reno,
Mathewson-IGT Knowledge Center (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: New York Public Library,
Science Industry & Business Library (212) 592-7000
North Carolina Charlotte: J. Murrey Atkins
Library, (704) 687-2241
University of North Carolina at
Charlotte (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
Pennsylvania Philadelphia, The Free Library of (215) 686-5394
Pittsburgh, Carnegie Library of (412) 622-3138
University Park: PAMS Library,
Pennsylvania State University (814) 865-7617
Puerto Rico Bayamon: Learning Resources Center,
University of Puerto Rico (787) 993-0000
Ext. 3222
Mayaquez General Library,
University of Puerto Rico (787) 832-4040
Ext. 2023
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 and
Engineering Library, Vanderbilt
University (615) 322-2717
Texas Austin: McKinney Engineering
Library, University of Texas at
Austin (512) 495-4511
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
Washington Seattle: Engineering Library,
University of Washington (206) 543-0740
West Virginia Morgantown: Evansdale Library,
West Virginia University (304) 293-4695
Wisconsin Wendt Commons Library,
University of Wisconsin-Madison (608) 262-0696
Milwaukee Public Library (414) 286-3051
Wyoming Cheyenne: Wyoming State Library (307) 777-7281
Top of Notices
| Patent Technology Centers |
| PATENT TECHNOLOGY CENTERS |
| AVERAGE FILING DATE OF APPLICATIONS RECEIVING A FIRST OFFICE ACTION IN THE LAST 3 MONTHS1
|
Technology
Center |
GAU |
Avg Filing Date |
| 1600 |
BIOTECHNOLOGY, AND ORGANIC CHEMISTRY |
| |
1610 |
05/26/2010 |
| |
1620 |
07/17/2010 |
| |
1630 |
07/08/2010 |
| |
1640 |
08/04/2010 |
| |
1650 |
05/05/2010 |
| |
1660 |
12/13/2010 |
| |
TOTAL |
07/02/2010 |
| |
|
|
| 1700 |
CHEMICAL AND MATERIALS ENGINEERING AND DESIGNS |
| |
1710 |
12/07/2009 |
| |
1720 |
12/19/2009 |
| |
1730 |
07/05/2010 |
| |
1740 |
05/17/2010 |
| |
1750 |
12/25/2009 |
| |
1760 |
08/22/2010 |
| |
1770 |
05/20/2010 |
| |
1780 |
03/29/2010 |
| |
1790 |
11/28/2009 |
| |
TOTAL |
04/17/2010 |
| |
|
|
| 2100 |
COMPUTER ARCHITECTURE AND SOFTWARE |
| |
2110 |
09/10/2009 |
| |
2120 |
10/28/2009 |
| |
2150 |
03/05/2010 |
| |
2160 |
04/20/2010 |
| |
2170 |
12/04/2009 |
| |
2180 |
03/23/2010 |
| |
2190 |
10/22/2008 |
| |
TOTAL |
11/15/2009 |
| |
|
|
| 2400 |
NETWORKING, MULTIPLEXING, CABLE AND SECURITY |
| |
2420 |
06/01/2009 |
| |
2430 |
07/08/2009 |
| |
2440 |
01/15/2010 |
| |
2450 |
12/25/2009 |
| |
2460 |
08/16/2009 |
| |
2470 |
09/07/2009 |
| |
2480 |
04/14/2009 |
| |
2490 |
06/26/2009 |
| |
TOTAL |
08/22/2009 |
| |
|
|
| 2600 |
COMMUNICATIONS |
| |
2610 |
12/16/2009 |
| |
2620 |
10/04/2009 |
| |
TOTAL |
11/09/2009 |
| |
|
|
| 2800
|
SEMICONDUCTORS/MEMORY, CIRCUITS/MEASURING AND TESTING, OPTICS/PHOTOCOPYING |
| |
2810 |
06/01/2010 |
| |
2820 |
05/08/2010 |
| |
2830 |
04/10/2010 |
| |
2840 |
04/29/2010 |
| |
2850 |
01/24/2010 |
| |
2860 |
04/20/2010 |
| |
2870 |
04/17/2010 |
| |
2880 |
04/17/2010 |
| |
2890 |
07/11/2010 |
| |
TOTAL |
04/20/2010 |
| |
|
|
| |
|
|
| 2900
|
|
| |
2910 |
04/23/2011 |
| |
TOTAL |
04/23/2011 |
| |
|
|
| |
|
|
| 3600
|
TRANSPORTATION, CONSTRUCTION, ELECTRONIC COMMERCE, AGRICULTURE, NATIONAL SECURITY AND LICENSE AND REVIEW
|
| |
3610 |
05/26/2010 |
| |
3620 |
02/21/2010 |
| |
3630 |
07/20/2010 |
| |
3640 |
06/19/2010 |
| |
3650 |
02/06/2010 |
| |
3660 |
12/31/2009 |
| |
3670 |
06/16/2010 |
| |
3680 |
02/12/2010 |
| |
3690 |
06/10/2010 |
| |
TOTAL |
04/20/2010 |
| |
|
|
| 3700
|
MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS |
| |
3710 |
12/28/2009 |
| |
3720 |
01/15/2010 |
| |
3730 |
12/19/2009 |
| |
3740 |
08/25/2009 |
| |
3750 |
10/22/2009 |
| |
3760 |
01/31/2010 |
| |
3770 |
11/25/2009 |
| |
3780 |
11/03/2009 |
| |
TOTAL |
12/01/2009 |
| |
|
|
| |
1 Report last updated on 1-31-12. |
Top of Notices
Top of Notices February 21, 2012