[Federal Register Volume 76, Number 83 (Friday, April 29, 2011)]
[Rules and Regulations]
[Page 23876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10376]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No.: PTO-P-2010-0092]
RIN 0651-AC52
Changes To Implement the Prioritized Examination Track (Track I)
of the Enhanced Examination Timing Control Procedures
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule; delay of effective and applicability dates.
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SUMMARY: On April 4, 2011, the United States Patent and Trademark
Office (Office) published a final rule that revises the rules of
practice in patent cases to implement a procedure under which
applicants may request prioritized examination at the time of filing of
an application upon payment of appropriate fees and compliance with
certain requirements (Track I final rule). The prioritized examination
procedure is the first track (Track I) of a 3-Track examination process
designed to provide applicants with greater control over when their
nonprovisional utility and plant applications are examined and to
promote greater efficiency in the patent examination process. The Track
I final rule states that the effective date is May 4, 2011, and that a
request for prioritized examination may be submitted with any original
utility or plant application filed on or after May 4, 2011. The Office
is hereby notifying the public that the Track I final rule effective
date and applicability date have been delayed until further notice.
DATES: Effective Date: The effective date for the amendments to 37 CFR
1.17 and 1.102 published at 76 FR 18399, April 4, 2011 (the Track I
final rule) is delayed until further notice. The Office will publish a
document in the Federal Register announcing the new effective date.
Applicability date: No request for prioritized examination will be
accepted until further notice.
FOR FURTHER INFORMATION CONTACT: Eugenia A. Jones, Kathleen Kahler
Fonda, or Michael T. Cygan, Office of Patent Legal Administration,
Office of the Associate Commissioner for Patent Examination Policy, by
telephone at (571) 272-7727, (571) 272-7754 or (571) 272-7700, or by
mail addressed to: Mail Stop Comments Patents, Commissioner for
Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the
attention of Eugenia A. Jones.
SUPPLEMENTARY INFORMATION: On April 4, 2011, the Office published a
final rule that revises the rules of practice in patent cases to
implement a procedure under which applicants may request prioritized
examination at the time of filing of an application upon payment of
appropriate fees and compliance with certain requirements (Track I
final rule). See Changes to Implement the Prioritized Examination Track
(Track I) of the Enhanced Examination Timing Control Procedures, 76 FR
18399 (Apr. 4, 2011). The Office set an aggregate goal for the
prioritized examination procedure of providing a final disposition
within twelve months of prioritized status being granted. See Changes
to Implement the Prioritized Examination Track (Track I) of the
Enhanced Examination Timing Control Procedures, 76 FR at 18401. The
Office, however, has found it necessary to revise its patent examiner
hiring plan due to funding limitations. The revised hiring plan does
not permit the Office to hire new examiners. With the current level of
resources, the Office will not be able to meet the twelve-month
pendency goal in prioritized examination applications without impacting
the non-prioritized examination applications at this time. Therefore,
the Office is delaying the effective date and applicability date of the
Track I final rule until further notice. When the funding limitations
are resolved, the Office will issue a subsequent notice identifying a
revised effective date and applicability date on which the final rule
shall apply.
Dated: April 25, 2011.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2011-10376 Filed 4-28-11; 8:45 am]
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