Posts Tagged: "public comment"

Public Comments Reveal Widespread Unity in Opposition to NIST’s March-In Rights Framework

February 6 is the final day of the 60-day public comment period set by the National Institute of Standards and Technology’s (NIST) request for information on its draft interagency framework for exercising march-in rights under the Bayh-Dole Act of 1980. While lauded by drug pricing advocates, almost every other sector of the American economy has come out in opposition to the draft framework. Senator Thom Tillis (R-NC), the U.S. Chamber of Commerce and the Bayh-Dole Coalition have all publicly opposed NIST’s efforts to exercise legal authority for relicensing patent rights based on product pricing considerations.

Further Extension of Non-DOCX Filing Fee Date Highlights USPTO’s Lack of Compliance with Paperwork Reduction Act

Today, the U.S. Patent and Trademark (USPTO) published a pair of documents in the Federal Register regarding due dates on new document formatting requirements for patent applications filed with the Office. The USPTO’s decision to delay the implementation of new filing fees for non-DOCX patent applications highlights issues that the agency has had in complying with the terms of the Paperwork Reduction Act by failing to properly represent to the Office of Management and Budget the burden that the USPTO’s proposed rule changes will have on agency stakeholders.

Eligibility Comments to USPTO Suggest Alice/Mayo Framework Changes, While PTAB Practices RFC Sees Copy-Paste Campaign

The U.S. Patent and Trademark Office (USPTO) is currently assessing comments collected pursuant to a pair of requests for public input, one focused on the agency’s subject matter eligibility guidelines for examining patent applications for 35 U.S.C. § 101 issues, and the other seeking feedback on several practices surrounding patent validity trials at the Patent Trial and Appeal Board (PTAB). While the PTAB practices request for comments appears to have spawned a copy-and-paste comment campaign involving thousands of boilerplate comments, about two-dozen comments filed on the Section 101 guidelines featured far more sophisticated views on actions that the USPTO should be taking to improve patent examination practices on patent applications that trigger issues with judicial exceptions to Section 101 eligibility under U.S. Supreme Court case law.

PTO Seeks Comment on AIA Post Grant Administrative Trials

The administrative trial proceedings created by the AIA are: (1) Inter partes review; (2) post-grant review; (3) covered business method patents review; and (4) derivation proceedings. To bring these new proceedings into being, the USPTO issued a number of final rules and a trial practice guide in August and September of 2012. It is now time for the USPTO to take a step back and take account of these new proceedings, aided by public input. This is not an unexpected occurrence. Many will recall that during the rule making phase the USPTO held roundtable discussions in a number of cities across the country. During this timeframe the USPTO committed to revisiting the rules and practice guide once the Board and public had operated under the rules and practice guide for some unspecified period of time and had gained experience with the new administrative trial proceedings. With nearly two years of practical experience with these new proceedings, the time has now come for the USPTO to revisit and quite possibly revise the rules.

PTO Seeks Public Comment on Patent Pendency

The United States Patent and Trademark Office (USPTO) is seeking public input to determine the optimal first action and total pendency target levels for patents… The Patent Office believes that by reviewing the optimal pendency levels the Office will be in a better position to plan for patent examination staffing levels and other agency resource requirements. Furthermore, revised or reaffirmed target goals for pendency will inform patent fee levels and revenue estimates during the biennial patent fee review.

USPTO Seeks Comment on Software Patent Quality

The Patent Office says that each roundtable event will provide a forum for an informal and interactive discussion of topics relating to patents that are particularly relevant to the software community. So will this be a free-for-all whereby everyone with an opinion, even an ill-formed opinion not based in fact, will be allowed time to rip the patent system and software patents specifically? There is no way of knowing what will actually happen at these roundtable events, and while patents don’t generally generate protests I have sneaky suspicion that we may see something that we have never seen before, which is an unruly crowd of protesters. Perhaps I am worrying to much, we shall see.

USPTO Seeks Comments on Future Locations for Satellite Offices

The USPTO sees the establishment of satellite offices as an important component of their continued efforts to recruit and retain a highly skilled workforce, reduce patent application pendency and improve quality, and enhance communication between the USPTO and the patent applicant community. It is easy to understand why satellite offices would enhance efforts to recruit and retain patent examiners, after all there is a limited pool of technically sophisticated applicants and employees willing to locate in Northern Virginia and endure the ridiculous traffic, among other things. Thus, satellite offices should make a position as a patent examiner more attractive, at least if locations such as Denver or California are considered, as they should be.

USPTO Extends Comment Period for Draft Strategic Plan

The United States Patent and Trademark Office (USPTO) announced that the period for receiving public comments regarding the agency’s 2010-2015 draft Strategic Plan has been extended until August 2, 2010. The extension has been made to allow more time for the public to provide feedback to the agency about the plan.

USPTO 2010-2015 Strategic Plan Available for Public Comment

Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO) David Kappos announced today that the USPTO’s draft Strategic Plan for fiscal years (FY) 2010-2015 is posted for public review and comment. The draft 2010-2015 Strategic Plan sets out the USPTO’s mission-focused strategic goals: to optimize patent quality and timeliness; to optimize trademark quality and timeliness; and to provide global and domestic leadership to improve intellectual property (IP) policy, protection, and enforcement worldwide.