| Electronic Filing and Submission |
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(374) DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2019-0012]
Updated Legal Framework for Patent Electronic System
AGENCY: United States Patent and Trademark Office, Department of Commerce.
ACTION: Notice.
SUMMARY: The United States Patent and Trademark Office (USPTO or Office)
published on its website an updated legal framework for its Patent
Electronic System. The updated legal framework provides guidance on the
background statutes, regulations and policies that support the USPTO's
Patent Electronic System. The Patent Electronic System currently comprises
EFS-Web, which is the USPTO's web-based patent application and document
submission system; and the Patent Application Information Retrieval (PAIR)
system, which is the USPTO's web-based means for electronically viewing the
status of, and documents filed in or associated with, patent applications
and proceedings. The updated legal framework also discusses the two-step
authentication method now in place for accessing the Patent Electronic
System. The updated legal framework serves as a reference for applicants,
parties in reexamination proceedings, attorneys, and agents.
DATES: Applicability Date: October 23, 2019.
FOR FURTHER INFORMATION CONTACT: Inquiries regarding the Patent Electronic
System and other USPTO information technology (IT) systems may be directed
to the Patent Electronic Business Center (Patent EBC), by telephone: (866)
217-9197 (toll-free) and (571) 272-4100, or by email: ebc@uspto.gov.
Inquiries regarding IT policy for U.S. national patent applications may
be directed to Mark Polutta, Senior Legal Advisor (telephone (571) 272-
7709; email at mark.polutta@uspto.gov), or Gena Jones, Senior Legal Advisor
(telephone (571) 272-7727; email at eugenia.jones@uspto.gov), both with the
Office of Patent Legal Administration, Office of the Deputy Commissioner
for Patent Examination Policy.
Inquiries regarding IT policy for international applications (PCT) may
be directed to Tamara Graysay, Special Program Examiner (telephone (571)
272-6728; email at tamara.graysay@uspto.gov), and inquiries regarding IT
policy for international design applications may be directed to Boris
Milef, Senior Legal Examiner (telephone (571) 272-3288); email at
boris.milef@uspto.gov), both with the Office of International Patent Legal
Administration, Office of International Patent Cooperation.
SUPPLEMENTARY INFORMATION: On October 23, 2019, the USPTO published on its
website an updated legal framework for its Patent Electronic System. The
updated legal framework is available at https://www.uspto.gov/sites/
default/files/documents/2019LegalFrameworkPES.pdf. The updated legal
framework supersedes all prior versions of the legal framework and Manual
of Patent Examining Procedure (MPEP) section 502.05, Ninth Edition,
Rev. 08.2017 (January 2018). The following is a brief summary of the major
differences introduced by the updated legal framework:
1. Section B has been revised to further clarify that third-party
papers are generally prohibited from being filed via EFS-Web unless
specifically authorized.
2. Section D has been revised to clarify that providing an incorrect
application number and confirmation number when filing a follow-on document
will result in the follow-on document being entered in the wrong
application. This may result in either the unintentional abandonment of the
intended application for failure to reply to an Office action (or notice)
or a reduction in patent term adjustment for failure to take reasonable
steps to conclude processing or examination of an application. This may
result in applicant having to file a petition to revive an unintentionally
abandoned application.
3. Section E has been rewritten to discuss the two-step authentication
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US PATENT AND TRADEMARK OFFICE |
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method now being used to log into EFS-Web and Private PAIR.\1\ The two-step
authentication method replaced the prior use of Public Key Infrastructure
(PKI) certificates to access the Patent Electronic System. PKI certificates
were discontinued on July 2, 2019.
\1\ PAIR includes both Public PAIR and Private PAIR. Public PAIR
provides access to all issued patents and published patent applications.
Private PAIR allows registered users to access pending application
information in addition to what is also available in Public PAIR. Two-step
authentication is required for Private PAIR but not for Public PAIR.
October 18, 2019 ANDREI IANCU
Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office
[1468 OG 203]