USPTO Introduces New Homepage
In a USPTO Alert e-mail distributed today, October 25, 2018, the U.S. Patent and Trademark Office announced the release of a new homepage, which the Office indicated was "part of a larger effort to improve the public's online experience with our agency." The Office noted that the new homepage includes features that had been requested by stakeholders and incorporates input from the Patent and Trademark Public Advisory Committees and the independent inventor community. Two features of the new homepage highlighted by the Office are "Find It Fast" menus and a mobile-friendly version.
USPTO Announces Start of Phase 1 of Access to Relevant Prior Art Initiative
In a Patent Alert e-mail distributed today, the U.S. Patent and Trademark Office announced that Phase 1 of the Office's Access to Relevant Prior Art Initiative will begin on November 1. The Access to Relevant Prior Art (RPA) Initiative is an effort by the Office to increase patent examination quality and efficiency through the development of an automated tool for USPTO examiners, which will import relevant prior art and other pertinent information from sources such as related U.S. applications, counterpart foreign applications, and International (PCT) applications into pending U.S. patent applications as early as possible in prosecution. The Office envisions the RPA initiative as a way "to potentially reduce the burden on applicants with complying with the duty of disclosure."
In Phase 1 of the RPA initiative, information in the form of citations on PTO/SB/08 and PTO-892 forms from the immediate parent application will be imported into the continuing application for consideration by the Examiner. The Office noted that Phase 1 would be limited to select art units -- in particular, Art Unit 2131 in Technology Center 2100, with a wider release to Art Units 1616, 1731, 2431, 2675, 2879, 2922, 3635, and 3753 on January 1, 2019. Applicants will receive a Notice of Imported Citations from the Office informing the applicant that an application has been included in the Initiative and listing the citations from the immediate parent application that have been imported into the application.
Additional information regarding the RPA initiative can be found at the Office's Access to Relevant Prior Art Initiative webpage.
USPTO Reminds Users of New Authentication System for EFS-Web and Private PAIR
In a Patent Alert e-mail distributed last week, the U.S. Patent and Trademark Office reminded users that the Office has moved to a "new, safer, and simpler" login for EFS-Web and Private PAIR. The Office also reminded users that a new sponsorship tool will be available for registered practitioners to sponsor their support staff, who work on their behalf, in November. The Office noted that it would "no longer support the existing public key infrastructure (PKI) certificates for two-factor authentication because the PKI authentication software vendor will no longer support the product after 2018."
For users having problems migrating to the new authentication system, we recommend specifically following all eight steps listed under the "Migrate your PKI Certificate" tab at the Office's authentication change webpage to link a USPTO.gov account to a user's PKI certificate. Those steps are reproduced below:
1. Opt-in for two-step authentication for your USPTO.gov account.
2. Clear your browser cache.
3. Close all browsers.
4. Go to the Migration Tool.
5. Sign in using your PKI digital certificate and review the Account Linking information.
6. Sign in using your USPTO.gov account, and confirm that both the PKI digital certificate and USPTO.gov account are verified.
7. Review account linking information for accuracy and provide your signature. Click on "Link accounts" to complete migration and link your PKI digital certificate to your USPTO.gov account.
8. Please wait 1-2 business days for your account migration to be processed by USPTO before using your USPTO.gov account to sign into EFS-Web and Private PAIR. Please note that you will need to update your bookmarks to the new EFS-Web and Private PAIR URLs for signing in with your USPTO.gov account.
We also recommend referring to the Office's Guide for Migration (which contains some helpful screenshots) while completing the migration process.
USPTO Extends After-Final Consideration Pilot 2.0 Program
In a Patent Alert e-mail distributed earlier this month, 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, 2019.
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 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.
