USPTO to Offer Seminars on DOCX
In a Patent Alert e-mail distributed today, November 12, 2019, the U.S. Patent and Trademark Office announced that it will be offering several seminars on how to use DOCX for EFS-Web filings and on PAIR. The DOCX Information Sessions will focus on the advantages of filing patent applications using structured text (DOCX). Sessions will be offered on the following dates and times:
• Wednesday, November 13, 2019, 2:00–3:00 pm
• Tuesday, November 19, 2019, 11:00 am to noon
• Tuesday, November 26, 2019, 1:00–2:00 pm
• Wednesday, December 4, 2019, 2:00–3:00 pm
• Tuesday, December 10, 2019, 11:00 am to noon
• Wednesday, December 18, 2019, 2:00–3:00 pm
More information regarding the DOCX Information Sessions can be found here.
USPTO Releases Updated Legal Framework for Patent Electronic System
In a notice published in the Federal Register (84 Fed. Reg. 56803) last month, the U.S. Patent and Trademark Office announced the release of an updated legal framework for its Patent Electronic System. The updated legal framework, which can be found here, provides guidance on the background statutes, regulations, and policies that support the Office's Patent Electronic System, which comprises the EFS-Web and the Patent Application Information Retrieval (PAIR) system.
The notice indicates that the major differences in the updated legal framework are as follows:
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 method now being used to log into EFS-Web and Private PAIR. 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.
USPTO Revises Portable Media Device Policy
In a Patent Alert e-mail distributed earlier this fall, the U.S. Patent and Trademark Office announced modifications to its portable media device policy. In particular, the Office notes that the use of personal removable media storage devices, including USBs, with any USPTO computer, docking station, or monitor are now prohibited. Prohibited devices include:
• Portable disk drives such as USB drives or memory cards
• Digital versatile discs (DVDs)
• Read/write compact discs (CDs)
• Devices that can operate as removable media storage devices (e.g., PDAs, digital cameras, and Apple iPods).
The Office also notes that visitors who need to share files with USPTO employees must transmit their data via e-mail, cloud-based, or secure-file sharing services. Additional information regarding the Office's removable media policy can be found here and questions can be directed to USB_Questions@uspto.gov. The new policy took effect on October 1, 2019.
USPTO Extends After-Final Consideration Pilot 2.0 Program
In a Patent Alert e-mail distributed earlier this fall, the U.S. Patent and Trademark Office announced that the After-Final Consideration Pilot 2.0 (AFCP 2.0) program has been extended to September 30, 2020.
The AFCP, which was implemented in April 2012 (see "USPTO to Assess After Final Consideration Pilot Program"), modified in May 2013 (see "USPTO News Briefs"), and extended several times since then, provides examiners with a limited amount of non-production time -- three hours for utility and reissue applications -- to consider responses filed following a final rejection. The requirements for participating in the AFCP 2.0 are as follows:
(1) a transmittal form that requests consideration under AFCP 2.0 (the Office suggests that applicants use form PTO/SB/434);
(2) a response under 37 CFR 1.116, including an amendment to at least one independent claim that does not broaden the scope of the independent claim in any aspect;
(3) a statement that the applicant is willing and available to participate in any interview initiated by the examiner concerning the accompanying response (according to the Office, "willing and available" means that the applicant is able to schedule the interview within ten (10) calendar days from the date the examiner first contacts the applicant);
(4) any necessary fees (e.g., a request filed more than three months after the mailing of a final rejection must include the appropriate fee for an extension of time under 37 C.F.R. § 1.136(a)); and
(5) the required papers must be filed via the EFS-Web.
Additional information regarding the AFCP 2.0 program can be found on the Office's AFCP 2.0 webpage. Questions regarding the program can be directed to the Office's AFCP 2.0 e-mail address: afterfinalconsiderationpilotafcp20@uspto.gov.
USPTO Redesigns Website
In a Patent Alert e-mail distributed last month, the U.S. Patent and Trademark Office announced that it had redesigned the landing pages for the Patents, Trademarks, IP Policy, and Learning and Resources sections of its website. In addition to modifying the look and feel of these pages, based on stakeholder feedback and usability best practices, the Office has also provided a toolbar for commonly used USPTO transactional systems like EFS-Web, PAIR, TEAS, and TESS. Stakeholders who wish to participate in the testing of future web improvements or to provide feedback to the USPTO web team, can contact OCCOfeedback@uspto.gov.
