[Federal Register Volume 90, Number 174 (Thursday, September 11, 2025)]
[Notices]
[Pages 44050-44051]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-17543]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2025-0019]
Updated Legal Framework for Patent Electronic System
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (USPTO)
published on its website an updated legal framework for its Patent
Electronic System. The updated legal framework defines the USPTO patent
electronic filing system requirements, and provides guidance on the
relevant statutes, regulations, and policies that support the USPTO's
Patent Electronic System. The Patent Electronic System currently
comprises Patent Center. Patent Center includes both the USPTO patent
electronic filing system, which is a web-based patent application and
document submission system, and 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, patentees, parties in
reexamination proceedings, attorneys, and agents.
DATES: Applicability Date: September 11, 2025.
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) at 866-217-9197 (toll-free) or
571-272-4100, or at [email protected].
Inquiries regarding IT policy for U.S. national patent applications
may be directed to Mark Polutta, Senior Legal Advisor, Office of Patent
Legal Administration, at 571-272-7709; or Gena Jones, Senior Legal
Advisor, Office of Patent Legal Administration, at 571-272-7727.
Inquiries regarding IT policy for international applications (PCT)
may be directed to Tamara Graysay, Special Program Examiner, Office of
International Patent Legal Administration, at 571-272-6728. Inquiries
regarding IT policy for international design applications may be
directed to Boris Milef, Senior Legal Examiner, Office of International
Patent Legal Administration, at 571-272-3288.
SUPPLEMENTARY INFORMATION: On September 11, 2025, the USPTO published
on its website an updated legal framework for its Patent Electronic
System. The updated legal framework is available at www.uspto.gov/PatentLegalFramework. The updated legal framework defines the USPTO
patent electronic filing system requirements in accordance with 37 CFR
1.6(a)(4), and provides guidance for the relevant statutes,
regulations, and policies that support the USPTO's Patent Electronic
System. The updated legal framework supersedes all prior versions of
the legal framework. Section 502.05 of the Manual of Patent Examining
Procedure will be revised in due course. The following is a brief
summary of the major differences introduced by the updated legal
framework:
1. Section B has been revised to require registration to use the
Patent Electronic System. Section B has also been revised to clarify
that third-party documents are prohibited from being filed in
applications via the Patent Electronic System, unless specifically
authorized and the special dedicated electronic interface, if provided,
is used so that information is not directly placed into the application
file.
2. Section C has been revised to clarify that the USPTO may
identify an alternative electronic filing procedure, if designated by
the Director, for new applications, national stage submissions under 35
U.S.C. 371, and/or other patent filings, during an unplanned outage of
Patent Center. If an alternative procedure is not indicated, applicants
[[Page 44051]]
then should follow the procedure for filing applications as previously
set forth. See Filing Patent Applications Electronically During
Designated Significant Outages of the United States Patent and
Trademark Office Electronic Business Systems, 83 FR 44264 (August 30,
2018).
3. Section D has been revised to clarify that patent applications
filed in DOCX format will be validated, and applicants will be provided
relevant feedback concerning the format of their applications.
Applications filed in DOCX format avoid the non-DOCX surcharge.
4. Section E has been revised to specify that all Patent Electronic
System users must be registered users and that users may complete the
verification process by mailing the paper verification form, completing
the ID.me verification process, or by other methods designated by the
Director.
5. Section L has been revised to provide that applications filed on
or after July 1, 2022, that disclose a nucleotide and/or amino acid
sequence as defined in 37 CFR 1.831, including applications claiming
the benefit of, or priority to, an application filed before July 1,
2022, containing a sequence listing, must contain a computer readable
sequence listing in XML format (``Sequence Listing XML'') in accordance
with 37 CFR 1.831 through 1.835.
6. Section O has been added to provide that effective May 24, 2024,
plant applications, including drawings or photographs, fees, and
follow-on documents, may be filed via the Patent Electronic System.
Coke Morgan Stewart,
Acting Under Secretary of Commerce for Intellectual Property and Acting
Director of the United States Patent and Trademark Office.
[FR Doc. 2025-17543 Filed 9-10-25; 8:45 am]
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