Updated Legal Framework for Patent Electronic System
| Published date | 23 October 2019 |
| Citation | 84 FR 56803 |
| Record Number | 2019-23139 |
| Section | Notices |
| Court | Patent And Trademark Office |
Federal Register, Volume 84 Issue 205 (Wednesday, October 23, 2019)
[Federal Register Volume 84, Number 205 (Wednesday, October 23, 2019)]
[Notices]
[Pages 56803-56804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-23139]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2019-0012]
Updated Legal Framework for Patent Electronic System
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
[[Page 56804]]
ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (USPTO or
Office) published on its website an updated legal framework for its
Patent Electronic System. The updated legal framework provides guidance
on the background statutes, regulations and policies that support the
USPTO's Patent Electronic System. The Patent Electronic System
currently comprises EFS-Web, which is the USPTO's web-based patent
application and document submission system; and the Patent Application
Information Retrieval (PAIR) system, which is the USPTO's web-based
means for electronically viewing the status of, and documents filed in
or associated with, patent applications and proceedings. The updated
legal framework also discusses the two-step authentication method now
in place for accessing the Patent Electronic System. The updated legal
framework serves as a reference for applicants, parties in
reexamination proceedings, attorneys, and agents.
DATES: Applicability Date: October 23, 2019.
FOR FURTHER INFORMATION CONTACT: Inquiries regarding the Patent
Electronic System and other USPTO information technology (IT) systems
may be directed to the Patent Electronic Business Center (Patent EBC),
by telephone: (866) 217-9197 (toll-free) and (571) 272-4100, or by
email: [email protected].
Inquiries regarding IT policy for U.S. national patent applications
may be directed to Mark Polutta, Senior Legal Advisor (telephone (571)
272-7709; email at [email protected]), or Gena Jones, Senior Legal
Advisor (telephone (571) 272-7727; email at [email protected]),
both with the Office of Patent Legal Administration, Office of the
Deputy Commissioner for Patent Examination Policy.
Inquiries regarding IT policy for international applications (PCT)
may be directed to Tamara Graysay, Special Program Examiner (telephone
(571) 272-6728; email at [email protected]), and inquiries
regarding IT policy for international design applications may be
directed to Boris Milef, Senior Legal Examiner (telephone (571) 272-
3288); email at [email protected]), both with the Office of
International Patent Legal Administration, Office of International
Patent Cooperation.
SUPPLEMENTARY INFORMATION: On October 23, 2019, the USPTO published on
its website an updated legal framework for its Patent Electronic
System. The updated legal framework is available at https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf.
The updated legal framework supersedes all prior versions of the legal
framework and Manual of Patent Examining Procedure (MPEP) section
502.05, Ninth Edition, Rev. 08.2017 (January 2018). The following is a
brief summary of the major differences introduced by the updated legal
framework:
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.\1\ 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.
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\1\ PAIR includes both Public PAIR and Private PAIR. Public PAIR
provides access to all issued patents and published patent
applications. Private PAIR allows registered users to access pending
application information in addition to what is also available in
Public PAIR. Two-step authentication is required for Private PAIR
but not for Public PAIR.
Dated: October 18, 2019.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2019-23139 Filed 10-22-19; 8:45 am]
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