[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]
 BILLING CODE 3510-16-P