USPTO News Briefs - August 2015

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USPTO to Replace EFS-Web and PAIR

In an article posted on the Director's Forum blog, U.S. Patent and Trademark Office Deputy Director Russ Slifer announced that the Office would begin implementing a new system that will eventually replace the EFS-Web, Public PAIR, and Private PAIR.  The new initiative, eCommerce Modernization (eMod), which is intended to improve the electronic patent application process by modernizing the filing and viewing systems, will be implemented in phases over the next few years, with an initial pilot program expected to start in the summer of 2016.  According to the announcement, eMod will help provide a simpler authentication process, improved functionality, and a more user friendly interface and documents for applicants, and will streamline patent submission, review, and management processes, and increase accuracy of application processing and publication for examiners.

The Office is seeking feedback regarding the new system.  Those in the patent community can review ideas that have already been submitted and vote or comment on those ideas here.  Comments can also be submitted at the Office's eMod webpage or by e-maling comments to eMod@USPTO.gov.

U.S. and Brazil Announce Work Sharing Program

Last month, the U.S. Patent and Trademark Office and Brazilian National Institute of Industrial Property (INPI) announced that U.S. Secretary of Commerce Penny Pritzker and Brazilian Minister of Development, Industry & Foreign Trade (MDIC) Armando Monteiro had signed a Joint Statement on Patent Work Sharing.  Pursuant to the Joint Statement, the USPTO and INPI "intend to commence cooperative activities, on or after the date of signature of this Joint Statement, including the implementation of a mutually beneficial work-sharing pilot program that facilitates the examination of patent applications that are commonly filed in the United States and Brazil."  The agreement between the two offices is part of broader government-wide efforts to expand trade and investment with Brazil.  According to the announcement regarding the Joint Statement, the USPTO's Office of Policy and International Affairs (OPIA) is now working closely with counterpart officials in the INPI to establish a technical framework for a future patent work-sharing program between the two offices, which is expected to be finalized by the end of summer.


Google Chrome Browser to End Support for Java Plug-Ins -- Impact on Use of EFS-Web and Private PAIR

The U.S. Patent and Trademark Office issued an e-mail Patents Alert notice last month noting that Google removed the default ability to use the Java plug-in from Chrome version 42.  The Office indicated that the modification will impact the ability of Chrome users to access EFS-Web and Private PAIR because Java is required for authentication into these systems.  However, the Office pointed out that there is a temporary workaround that will allow Chrome users to use the Java plug-in through September 2015 when Google plans to end support for Java plug-ins in its newest browser, Chrome version 45.  Information about that workaround can be found here.  The Office notes that Chrome users using version 45 and above will no longer be able to use the workaround after September 2015 and will therefore not be able to log into EFS-Web or Private PAIR.  According to the Office's announcement, "Oracle is recommending the use of alternative browsers such as Firefox, Internet Explorer, and Safari."  The Office also indicated that it is investigating any possible strategies to mitigate the impact of changes in the Chrome browser.  Additional information can be found on the Office's EFS-Web Announcements webpage.

EFS-Web and Private PAIR Inaccessible with Microsoft Edge Browser

In an advisory on the U.S. Patent and Trademark Office's EFS-Web Announcements webpage, the Office noted that EFS-Web and Private PAIR users updating to Windows 10 should be aware that the browser included with the new operating system, Microsoft Edge, does not support plug-ins and will not run Java.  As a result, the EFS-Web and Private PAIR cannot be accessed via Microsoft Edge.  The Office noted that to access the EFS-Web and Private PAIR using Windows 10, Oracle is recommending the use of alternative browsers such as Firefox and Internet Explorer.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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