USPTO News Briefs - November 12, 2012

by McDonnell Boehnen Hulbert & Berghoff LLP
Contact

[author: Donald Zuhn]

Impact of Hurricane Sandy on USPTO Operations

USPTO SealOn November 2, the U.S. Patent and Trademark Office issued a notice that in view of the official closing of Federal Government offices in the Washington, D.C. area on October 29 and 30, 2012 as a result of Hurricane Sandy, the Office would consider both days to be "Federal holiday[s] within the District of Columbia" under 35 U.S.C. § 21 and 37 C.F.R. §§ 1.6, 1.7, 1.9, 2.2(d), 2.195 and 2.196.  As a result, any action or fee due on October 29 or 30, 2012 will be considered as timely for the purposes of 15 U.S.C. §§ 1051(b), 1058, 1059, 1062(b), 1063, 1064, and 1126(d), or 35 U.S.C. §§ 119, 120, 133 and 151, if the action was taken, or the fee was paid, on October 31, 2012.

The Office also issued a notice on November 2, designating the interruption in service of the U.S. Postal Service (USPS) in the areas affected by the hurricane including in Connecticut, Delaware, Massachusetts, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, Maryland, Virginia, the District of Columbia, and the Appalachian region beginning on Monday, October 29, 2012, as a postal service interruption and emergency within the meaning of 35 U.S.C. § 21(a) and 37 CFR 1.10(i) and 2.195(e).  The notice indicates that once the USPS has notified the public that the interruption in service has ended, the designation of this interruption and emergency within the meaning will terminate without further notice from the USPTO.  The Office notes that applicants can determine whether a post office has been closed or reopened, or postal services have been suspended or resumed in a particular area due to the storms, by visiting the USPS's website.  A national mail service disruption report can be obtained here.

With respect to patent-related correspondence, the notice indicates that 37 CFR 1.10(i) provides that any person attempting to file correspondence by "Express Mail Post Office to Addressee" service that was unable to be deposited with the USPS due to an interruption or emergency in "Express Mail" service which has been so designated by the Director may petition the Director to consider such correspondence as filed on a particular date in the Office.  Additional information can be found in the Office's notice.

USPTO Seeks Comments on Sequence Listings

On October 29, the U.S. Patent and Trademark Office published a notice in the Federal Register (77 Fed. Reg. 65537) inviting the public to comment on the Sequence Listing requirements.  The Office estimates that the average Sequence Listing takes about five hours of paraprofessional time at an estimated rate of $122 per hour and one hour of attorney time at $371 per hour, for a weighted average rate of $163.50 per hour.  As a result, the Office estimates that the total cost burden for this collection is approximately $22,590,450 per year.  The Office is inviting comments on the following topics:

(a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology.

Comments, which must be submitted by December 28, 2012, can be sent to e-mail to InformationCollection@uspto.gov (and should include "0651–0024 comment" in the subject line), by regular mail to Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450, or via the Federal Rulemaking Portal.

Sequence Listing

USPTO Offers New Search Tool for MPEPMPEP Ed. 8, Rev. 7 Cover

The U.S. Patent and Trademark Office announced in September that it was making the Manual of Patent Examining Procedure (MPEP) more accessible to the public through a new search tool.  According to the Office, the new search tool, which can be found here, works like an Internet search engine.  The Office noted that the primary benefit of the new system will be that the MPEP can be updated within hours, rather than months.  The MPEP search tool has also been added to the Patent Docs "Patent Resources" sidebar (under the Google Search box on the right-hand side of the site).

 

Written by:

McDonnell Boehnen Hulbert & Berghoff LLP
Contact
more
less

McDonnell Boehnen Hulbert & Berghoff LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Privacy Policy (Updated: October 8, 2015):
hide

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.

Security

JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.