[Federal Register Volume 68, Number 233 (Thursday, December 4, 2003)]
[Rules and Regulations]
[Page 67805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30150]



[[Page 67805]]

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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

37 CFR Part 1

RIN 0651-AB61
[Docket No.: 2003-P-021]


January 2004 Revision of Patent Cooperation Treaty Application 
Procedure

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Final rule and correction to final rule.

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SUMMARY: The United States Patent and Trademark Office (Office) 
published a final rule in the Federal Register of October 20, 2003, 
revising the rules of practice in patent cases to conform them to 
certain amendments made to the Regulations under the Patent Cooperation 
Treaty (PCT) that will take effect on January 1, 2004. This document 
corrects three errors in that final rule, and also corrects an 
additional error in the rules of practice in patent cases relating to 
PCT procedure.

EFFECTIVE DATE: January 1, 2004.

FOR FURTHER INFORMATION CONTACT: Richard R. Cole, Legal Examiner, 
Office of PCT Legal Administration (OPCTLA) directly by telephone at 
(703) 305-6639, or by facsimile at (703) 308-6459.

SUPPLEMENTARY INFORMATION: During the September-October 2002 meeting of 
the Governing Bodies of the World Intellectual Property Organization 
(WIPO), the PCT Assembly adopted various amendments to the Regulations 
under the PCT that enter into force on January 1, 2004. The Office 
published a final rule in the Federal Register of October 20, 2003 (68 
FR 59881), entitled ``January 2004 Revision of Patent Cooperation 
Treaty Application Procedure,'' revising the rules of practice in 
patent cases in title 37 of the Code of Federal Regulations (CFR) to 
conform them to the amendments to the PCT Regulations that will take 
effect on January 1, 2004. This document corrects errors to Sec. Sec.  
1.14, 1.421, and 1.431 in that final rule. This document also corrects 
an additional error in Sec.  1.14 relating to PCT procedure.

Discussion of Specific Rules

    Section 1.14: Section 1.14(g)(1)(ii) is corrected to change 
``International Search Authority'' to ``International Searching 
Authority''. Section 1.14(g)(5) is amended to change ``paragraphs 
(a)(1)(i) through (a)(1)(vi) and (i)(3) of this section'' to 
``paragraphs (a)(1)(i) through (a)(1)(vi) and (g)(3) of this section'' 
for consistency with the changes to Sec.  1.14 in the rule making 
Changes to Implement Electronic Maintenance of Official Patent 
Application Records, 68 FR 38611 (June 30, 2003), 1272 Off. Gaz. Pat. 
Office 197 (July 29, 2003) (final rule).
    Section 1.421: Section 1.421(a)(2) is amended to correct ``a fee 
amount equivalent to that required by Sec.  1.445(a)(5)'' to ``a fee 
amount equivalent to that required by Sec.  1.445(a)(4)'' for 
consistency with Sec.  1.445 as amended in the final rule being 
corrected by this document.
    Section 1.431: Section 1.431(c)(2) is corrected to change ``the 25% 
of the international filing fee'' to ``fifty percent of the 
international filing fee'' for consistency with the change to PCT Rule 
16bis.2(b) that was adopted during the September-October 2003 meeting 
of the WIPO Governing Bodies and that enters into force on January 1, 
2004.

0
In rule FR Doc. 03-26338, published on October 20, 2003, make the 
following corrections and 37 CFR part 1 is amended as follows:


Sec.  1.14  [Corrected]

0
1. On page 59886, in the third column, Sec.  1.14, paragraph 
(g)(1)(ii), line 8, correct ``International Search Authority'' to read 
``International Searching Authority''.


Sec.  1.431  [Corrected]

0
2. On page 59887, in the third column, Sec.  1.431, paragraph (c)(2), 
line 2, correct ``the 25%'' to read ``fifty percent''.

PART 1--RULES OF PRACTICE IN PATENT CASES

0
3. The authority citation for 37 CFR part 1 continues to read as 
follows:

    Authority: 35 U.S.C. 2(b)(2).

0
4. Section 1.14 is amended by revising paragraph (g)(5) to read as 
follows:


Sec.  1.14  Patent applications preserved in confidence.

* * * * *
    (g) * * *
    (5) Access to international application files under paragraphs 
(a)(1)(i) through (a)(1)(vi) and (g)(3) of this section will not be 
permitted with respect to the Examination Copy in accordance with PCT 
Article 38.
* * * * *

0
5. Section 1.421 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  1.421  Applicant for international application.

    (a) * * *
    (2) Has no residence or nationality indicated, applicant will be so 
notified and, if the international application includes a fee amount 
equivalent to that required by Sec.  1.445(a)(4), the international 
application will be forwarded for processing to the International 
Bureau acting as a Receiving Office (see also Sec.  1.412(c)(6)).
* * * * *

    Dated: November 24, 2003.
James E. Rogan,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 03-30150 Filed 12-3-03; 8:45 am]
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