[Federal Register Volume 61, Number 233 (Tuesday, December 3, 1996)]
[Rules and Regulations]
[Pages 64027-64028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30751]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No. 961030301-6301-01]
RIN 0651-AA55
Changes in Signature and Filing Requirements for Correspondence
Filed in the Patent and Trademark Office
AGENCY: Patent and Trademark Office, Commerce.
[[Page 64028]]
ACTION: Correcting amendment.
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SUMMARY: This document contains a further correction to the final
regulations which were published Friday, October 22, 1993 (58 FR
54494). The regulations related to the changes in signature and filing
requirements for correspondence filed in the Patent and Trademark
Office. The correction re-inserts part of a rule (37 CFR 1.741) that
was inadvertently deleted when the rule was amended.
EFFECTIVE DATE: December 3, 1996.
FOR FURTHER INFORMATION CONTACT: Karin Tyson by telephone at (703) 305-
9285; by mail marked to her attention and addressed to the Assistant
Commissioner for Patents, Box COMMENTS--PATENTS, Washington, D.C.
20231; or by fax marked to her attention at (703) 308-6916.
SUPPLEMENTARY INFORMATION:
Background
The final regulation that is the subject of this correction was
revised to change ``Certificate of Mailing'' to ``Certificate of
Mailing or Transmission'' in 37 CFR 1.741(a) as published at 58 FR
54494 (October 22, 1993), corrected at 58 FR 64154 (December 6, 1993),
and in the Official Gazette of the Patent and Trademark Office at 1156
Off. Gaz. Pat. Office 61 (November 16, 1993), corrected at 1157 Off.
Gaz. Pat. Office 87 (December 28, 1993).
Need for Correction
As published, the final regulation inadvertently deleted the last
sentence of the first paragraph of paragraph (a) of Rule 741 and
paragraphs (a)(1)-(a)(6).
Paperwork Reduction Act Statement
Notwithstanding any other provision of law, no person is required
to respond to nor shall a person be subject to a penalty for failure to
comply with a collection of information subject to the requirements of
the Paperwork Reduction Act (PRA) unless that collection of information
displays a currently valid OMB control number.
OMB has approved the collection of the information required by this
rule under OMB # 0651-0020.
List of Subjects in 37 CFR Part 1
Administrative practice and procedure, Freedom of Information,
Inventions and patents, Reporting and record keeping requirements.
PART 1--RULES OF PRACTICE IN PATENT CASES
Accordingly, 37 CFR part 1 is corrected by making the following
correcting amendment:
1. The authority citation for 37 CFR part 1 continues to read as
follows:
Authority: 35 U.S.C. 6, unless otherwise noted.
2. In Sec. 1.741, paragraph (a) is revised to read as follows:
Sec. 1.741 Filing date of application.
(a) The filing date of an application for extension of a patent
term is the date on which a complete application is received in the
Patent and Trademark Office or filed pursuant to the ``Certificate of
Mailing or Transmission'' procedures of 37 CFR 1.8 or ``Express Mail''
provisions of 37 CFR 1.10. A complete application shall include:
(1) An identification of the approved product;
(2) An identification of each Federal statute under which
regulatory review occurred;
(3) An identification of the patent for which an extension is being
sought;
(4) An identification of each claim of the patent which claims the
approved product or a method of using or manufacturing the approved
product;
(5) Sufficient information to enable the Commissioner to determine
under 35 U.S.C. 156 subsections (a) and (b) the eligibility of a patent
for extension and the rights that will be derived from the extension
and information to enable the Commissioner and the Secretary of Health
and Human Services or the Secretary of Agriculture to determine the
length of the regulatory review period; and
(6) A brief description of the activities undertaken by the
marketing applicant during the applicable regulatory review period with
respect to the approved product and the significant dates applicable to
such activities.
* * * * *
Dated: November 26, 1996.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and
Trademarks.
[FR Doc. 96-30751 Filed 12-2-96; 8:45 am]
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