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| Patent Cooperation Treaty (PCT) Information |
Patent Cooperation Treaty (PCT) Information
For information concerning PCT member countries, see the notice
appearing in the Official Gazette at 1393 O.G. 58, on August 13, 2013.
For information on subject matter under Rule 39 that a particular
International Searching Authority will not search, see Annex D of the PCT
Applicants' Guide.
European Patent Office as Searching and Examining Authority
The European Patent Office (EPO) may act as the International Searching
Authority (ISA) or the International Preliminary Examining Authority (IPEA)
for an international application filed with the United States Receiving
Office or the International Bureau (IB) as Receiving Office where at least
one of the applicants is either a national or resident of the United States
of America. However, the use of the EPO is restricted. The EPO will not act
as an ISA for applications with one or more claims directed to a business
method. For the definition of what the EPO considers to be precluded
subject matter in the field of business methods, see PCT Applicants's
Guide, Annexes D(EP), E(EP) and the Official Notices (PCT Gazette) dated
May 6, 2010, page 94
(http://www.wipo.int/pct/en/official_notices/index.html). The EPO will act
as an IPEA only if it also acted as the ISA.
The search fee of the European Patent Office was decreased, effective
January 1, 2013, and was announced in the Official Gazette at 1385 O.G. 176,
on December 25, 2012.
Korean Intellectual Property Office as Searching and Examining Authority
The Korean Intellectual Property Office may act as the ISA or the IPEA for
an international application filed with the United States Receiving Office
or the International Bureau (IB) as Receiving Office where at least one of
the applicants is either a national or resident of the United States of
America. The announcement appears in the Official Gazette at 1302 O.G.
1261 on January 17, 2006.
The search fee of the Korean Intellectual Property Office was increased,
effective January 1, 2013, and was announced in the Official Gazette at
1385 O.G. 176, on December 25, 2012.
Australian Patent Office as Searching and Examining Authority
The Australian Patent Office (IP Australia) may act as the ISA or the
IPEA for an international application filed with the United States
Receiving Office or the International Bureau (IB) as Receiving Office where
at least one of the applicants is either a national or resident of the
United States of America. The announcement appears in the Offical Gazette
at 1337 O.G. 265, on December 23, 2008. However, the use of IP Australia is
restricted. IP Australia will not act as an ISA for applications with one
or more claims directed to the fields of business methods or mechanical
engineering or analogous fields of technology as defined by specified areas
of the International Patent Classification System, as indicated in the
Official Gazette at 1337 O.G. 261 on December 23, 2008, in Annex A to the
agreement between the USPTO and IP Australia. IP Australia will act as an
IPEA only if it also acted as the ISA.
The search fee of IP Australia was decreased, effective September 1,
2013, and was announced in the Official Gazette at 1393 O.G. 170, on
August 27, 2013.
The Federal Service on Intellectual Property, Patents & Trademarks of
Russia as Searching and Examining Authority
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 298 |
The Federal Service on Intellectual Property, Patents & Trademarks of
Russia (Rospatent) may act as the ISA or the IPEA for an international
application filed with the United States Receiving Office or the
International Bureau (IB) as Receiving Office where at least one of the
applicants is either a national or resident of the United States of
America. The announcement appears in the Official Gazette at 1378 O.G. 162,
on May 8, 2012.
The search fee of Rospatent was increased, effective January 1, 2013,
and was announced in the Official Gazette at 1385 O.G. 176, on December 25,
2012.
Fees
The fee for filing a request for the restoration of the right of
priority was changed, effective March 19, 2013, and was announced in the
Federal Register on January 18, 2013. The transmittal fee for the USPTO
was changed to include a basic portion and a non-electronic filing fee
portion, effective November 15, 2011, and was announced in the Federal
Register on November 15, 2011. Search fees for the USPTO were changed,
effective January 12, 2009, and were announced in the Federal Register on
November 12, 2008.
International filing fees were increased, effective January 1, 2013,
and were announced in the Official Gazette at 1385 O.G. 176, on December 25,
2012.
The schedule of PCT fees (in U.S. dollars), as of September 1, 2013, is
as follows:
International Application (PCT Chapter I) fees:
Transmittal fee
Basic Portion $240.00
Non-electronic filing fee portion for international
applications (other than plant applications) filed
on or after 15 November 2011 other than by the
Office electronic filing system
- Other than a small or micro entity $400.00
- Small Entity $200.00
- Micro Entity $200.00
Search fee
U.S. Patent and Trademark Office (USPTO) as
International Searching Authority (ISA)
- Search fee $2,080.00
- Supplemental search fee, per additional
invention (payable only upon invitation) $2,080.00
European Patent Office as ISA $2,419.00
Korean Intellectual Property Office as ISA $1,167.00
IP Australia as ISA $2,084.00
Federal Service on Intellectual Property, Patents &
Trademarks of Russia (Rospatent) as ISA $217.00
International fees
International filing fee $1,419.00
International filing fee-filed in paper
with PCT EASY zip file or
electronically without PCT EASY zip file $1,312.00
International filing fee-filed
electronically with PCT EASY zip files $1,206.00
Supplemental fee for each page over 30 $16.00
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 299 |
Restoration of Priority
Filing a request for the restoration of the
right of priority under § 1.452
- Other than a small or micro entity $1420.00
- Small Entity $710.00
- Micro Entity $355.00
International Application (PCT Chapter II) fees associated
with filing a Demand for Preliminary Examination:
Handling fee $213.00
Handling fee-90% reduction, if applicants meet criteria
specified at:
http://www.wipo.int/pct/en/fees/fee_reduction.pdf $21.30
Preliminary examination fee
USPTO as International Preliminary
Examining Authority (IPEA)
- USPTO was ISA in PCT Chapter I $600.00
- USPTO was not ISA in PCT Chapter I $750.00
- Additional preliminary examination fee,
per additional invention
(payable only upon invitation) $600.00
U.S. National Stage fees (for international applications entering
the U.S. national phase under 35 U.S.C. 371) can be found on the USPTO's
Web site (www.uspto.gov).
October 1, 2013 ANDREW H. HIRSHFELD
Deputy Commissioner for
Patent Examination Policy
United States Patent and Trademark Office
| Notice of Maintenance Fees Payable |
Notice of Maintenance Fees Payable
Title 37 Code of Federal Regulations (CFR), Section 1.362(d) provides
that maintenance fees may be paid without surcharge for the six-month
period beginning 3, 7, and 11 years after the date of issue of patents
based on applications filed on or after Dec. 12, 1980. An additional
six-month grace period is provided by 35 U.S.C. 41(b) and 37 CFR 1.362(e)
for payment of the maintenance fee with the surcharge set forth in 37 CFR
1.20(h), as amended effective Dec. 16, 1991. If the maintenance fee is
not paid in the patent requiring such payment the patent will expire on
the 4th, 8th, or 12th anniversary of the grant.
Attention is drawn to the patents that were issued on December 21, 2010
for which maintenance fees due at 3 years and six months may now be paid
The patents have patent numbers within the following ranges:
Utility Patents 7,854,017 through 7,856,665
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on December 19, 2006
for which maintenance fees due at 7 years and six months may now be paid
The patents have patent numbers within the following ranges:
Utility Patents 7,150,046 through 7,152,245
Reissue Patents based on the above identified patents.
Attention is drawn to the patents that were issued on December 17, 2002
for which maintenance fees due at 11 years and six months may now be paid.
The patents have patent numbers within the following ranges:
Utility Patents 6,493,879 through 6,496,983
Reissue Patents based on the above identified patents.
No maintenance fees are required for design or plant patents.
Payments of maintenance fees in patents may be submitted electronically
over the Internet at www.uspto.gov. Click on the "Site Index" link at the
top of the homepage (www.uspto.gov), and then scroll down and click on the
"Maintenance Fees" link for more information.
Payments of maintenance fees in patents not submitted electronically
over the Internet should be mailed to "United States Patent and Trademark
Office, P.O. Box 979070, St. Louis, MO 63197-9000".
Correspondence related to maintenance fees other than payments of
maintenance fees in patents is not to be mailed to P.O. Box 979070,
St. Louis, MO 63197-9000, but must be mailed to "Mail Stop M
Correspondence, Director of the U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450".
Patent owners must establish small entity status according to 37 CFR
1.27 if they have not done so and if they wish to pay the small entity
amount.
The current amounts of the maintenance fees due at 3 years and six
months, 7 years and six months, and 11 years and six months are set forth
in the most recently amended provisions in 37 CFR 1.20(e)-(g). To obtain
the current maintenance fee amounts, please call the USPTO Contact Center
at (800)-786-9199 or see the current USPTO fee schedule posted on the USPTO
Internet web site. At the top of the USPTO homepage at www.uspto.gov, click
on the "Site Index" link and then scroll down and click on the "Fees,
USPTO" link to find the current USPTO fee schedule.
| Notice of Expiration of Patents Due to Failure to Pay Maintenance Fee |
Notice of Expiration of Patents
Due to Failure to Pay Maintenance Fee
35 U.S.C. 41 and 37 CFR 1.362(g) provide that if the required
maintenance fee and any applicable surcharge are not paid in a patent
requiring such payment, the patent will expire at the end of the 4th, 8th
or 12th anniversary of the grant of the patent depending on the first
maintenance fee which was not paid.
According to the records of the Office, the patents listed below have
expired due to failure to pay the required maintenance fee and any
applicable surcharge.
PATENTS WHICH EXPIRED ON November 13, 2013
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,314,579 09/756,752 11/13/01
6,314,588 09/838,247 11/13/01
6,314,595 09/521,889 11/13/01
6,314,599 09/370,223 11/13/01
6,314,600 09/229,888 11/13/01
6,314,601 09/405,619 11/13/01
6,314,610 09/298,534 11/13/01
6,314,611 09/534,763 11/13/01
6,314,612 09/522,646 11/13/01
6,314,616 09/542,982 11/13/01
6,314,637 09/244,965 11/13/01
6,314,639 09/028,134 11/13/01
6,314,641 09/639,168 11/13/01
6,314,652 09/309,044 11/13/01
6,314,653 09/333,113 11/13/01
6,314,660 09/186,784 11/13/01
6,314,672 09/085,961 11/13/01
6,314,673 09/502,400 11/13/01
6,314,674 09/511,286 11/13/01
6,314,675 09/130,155 11/13/01
6,314,677 09/695,023 11/13/01
6,314,691 09/459,991 11/13/01
6,314,695 09/338,398 11/13/01
6,314,696 09/275,796 11/13/01
6,314,698 09/555,495 11/13/01
6,314,703 09/531,776 11/13/01
6,314,710 09/144,418 11/13/01
6,314,729 09/508,587 11/13/01
6,314,732 09/665,335 11/13/01
6,314,733 09/160,726 11/13/01
6,314,734 09/424,950 11/13/01
6,314,737 09/484,110 11/13/01
6,314,741 09/284,831 11/13/01
6,314,742 09/529,788 11/13/01
6,314,750 09/567,495 11/13/01
6,314,752 09/464,827 11/13/01
6,314,770 09/262,636 11/13/01
6,314,773 09/409,760 11/13/01
6,314,782 09/631,232 11/13/01
6,314,789 09/486,202 11/13/01
6,314,791 09/511,686 11/13/01
6,314,796 09/319,805 11/13/01
6,314,803 09/372,199 11/13/01
6,314,804 09/340,109 11/13/01
6,314,817 09/636,476 11/13/01
6,314,823 09/614,850 11/13/01
6,314,826 09/430,115 11/13/01
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 302 |
6,314,838 09/373,325 11/13/01
6,314,839 09/723,381 11/13/01
6,314,842 09/562,772 11/13/01
6,314,863 09/343,521 11/13/01
6,314,870 09/609,725 11/13/01
6,314,875 09/125,552 11/13/01
6,314,880 09/531,752 11/13/01
6,314,882 09/556,564 11/13/01
6,314,883 09/449,316 11/13/01
6,314,885 09/366,456 11/13/01
6,314,889 09/591,908 11/13/01
6,314,890 09/304,582 11/13/01
6,314,892 09/596,263 11/13/01
6,314,893 09/491,501 11/13/01
6,314,900 09/462,749 11/13/01
6,314,920 09/489,785 11/13/01
6,314,925 09/110,746 11/13/01
6,314,930 09/421,230 11/13/01
6,314,931 09/655,340 11/13/01
6,314,933 09/489,148 11/13/01
6,314,946 09/125,731 11/13/01
6,314,953 09/500,785 11/13/01
6,314,963 09/440,830 11/13/01
6,314,964 09/396,956 11/13/01
6,314,966 09/518,728 11/13/01
6,314,970 09/465,482 11/13/01
6,314,972 09/232,793 11/13/01
6,314,980 09/666,665 11/13/01
6,314,985 08/837,505 11/13/01
6,314,988 09/580,568 11/13/01
6,314,995 09/674,016 11/13/01
6,315,007 09/816,835 11/13/01
6,315,008 09/772,390 11/13/01
6,315,013 09/559,482 11/13/01
6,315,016 09/482,772 11/13/01
6,315,017 09/592,870 11/13/01
6,315,028 09/310,282 11/13/01
6,315,032 09/751,805 11/13/01
6,315,039 09/436,569 11/13/01
6,315,047 09/398,699 11/13/01
6,315,049 09/401,239 11/13/01
6,315,071 09/534,348 11/13/01
6,315,084 09/518,721 11/13/01
6,315,085 09/635,290 11/13/01
6,315,086 09/508,791 11/13/01
6,315,089 09/387,533 11/13/01
6,315,104 09/296,253 11/13/01
6,315,108 09/155,975 11/13/01
6,315,121 09/679,958 11/13/01
6,315,128 09/438,837 11/13/01
6,315,129 08/943,946 11/13/01
6,315,139 09/281,123 11/13/01
6,315,142 09/499,540 11/13/01
6,315,166 09/462,939 11/13/01
6,315,170 09/514,876 11/13/01
6,315,180 09/527,665 11/13/01
6,315,183 09/613,363 11/13/01
6,315,185 09/415,224 11/13/01
6,315,187 09/404,651 11/13/01
6,315,190 09/344,726 11/13/01
6,315,197 09/377,556 11/13/01
6,315,207 09/421,072 11/13/01
6,315,214 09/628,634 11/13/01
6,315,216 09/673,023 11/13/01
6,315,218 09/446,103 11/13/01
6,315,222 09/468,125 11/13/01
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 303 |
6,315,223 09/283,041 11/13/01
6,315,226 09/514,982 11/13/01
6,315,229 09/537,528 11/13/01
6,315,240 09/516,846 11/13/01
6,315,251 09/497,831 11/13/01
6,315,254 09/459,259 11/13/01
6,315,255 09/141,012 11/13/01
6,315,272 09/474,444 11/13/01
6,315,273 09/571,858 11/13/01
6,315,274 09/381,789 11/13/01
6,315,282 09/102,203 11/13/01
6,315,283 09/310,770 11/13/01
6,315,286 09/456,187 11/13/01
6,315,295 09/489,832 11/13/01
6,315,297 09/421,533 11/13/01
6,315,314 09/171,282 11/13/01
6,315,316 09/245,771 11/13/01
6,315,326 09/356,442 11/13/01
6,315,328 09/455,920 11/13/01
6,315,339 09/292,515 11/13/01
6,315,347 09/592,269 11/13/01
6,315,358 09/463,399 11/13/01
6,315,372 09/422,064 11/13/01
6,315,377 09/201,154 11/13/01
6,315,380 08/822,765 11/13/01
6,315,381 09/071,138 11/13/01
6,315,382 09/212,092 11/13/01
6,315,383 09/470,928 11/13/01
6,315,384 09/604,306 11/13/01
6,315,392 09/502,189 11/13/01
6,315,393 09/302,549 11/13/01
6,315,397 09/736,653 11/13/01
6,315,398 07/963,969 11/13/01
6,315,399 09/575,142 11/13/01
6,315,400 09/242,964 11/13/01
6,315,401 09/271,829 11/13/01
6,315,404 09/469,128 11/13/01
6,315,412 09/555,736 11/13/01
6,315,415 09/259,580 11/13/01
6,315,420 09/571,878 11/13/01
6,315,433 09/296,009 11/13/01
6,315,445 09/745,704 11/13/01
6,315,454 09/518,376 11/13/01
6,315,465 09/466,926 11/13/01
6,315,466 09/338,736 11/13/01
6,315,467 09/527,220 11/13/01
6,315,469 09/487,765 11/13/01
6,315,470 09/665,762 11/13/01
6,315,471 09/417,330 11/13/01
6,315,473 09/490,737 11/13/01
6,315,474 09/183,872 11/13/01
6,315,476 09/428,081 11/13/01
6,315,481 08/684,098 11/13/01
6,315,499 09/283,943 11/13/01
6,315,503 09/381,436 11/13/01
6,315,505 09/174,887 11/13/01
6,315,508 09/110,382 11/13/01
6,315,512 09/200,660 11/13/01
6,315,513 09/401,527 11/13/01
6,315,521 09/565,124 11/13/01
6,315,529 09/565,405 11/13/01
6,315,542 09/259,859 11/13/01
6,315,545 09/382,148 11/13/01
6,315,556 09/509,370 11/13/01
6,315,560 09/399,031 11/13/01
6,315,578 09/469,694 11/13/01
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 304 |
6,315,591 09/768,875 11/13/01
6,315,594 09/151,800 11/13/01
6,315,599 09/103,332 11/13/01
6,315,600 09/507,970 11/13/01
6,315,607 09/597,847 11/13/01
6,315,609 09/639,977 11/13/01
6,315,617 09/166,952 11/13/01
6,315,618 09/618,164 11/13/01
6,315,619 09/556,866 11/13/01
6,315,625 09/445,739 11/13/01
6,315,629 09/481,313 11/13/01
6,315,636 09/483,906 11/13/01
6,315,645 09/291,788 11/13/01
6,315,671 09/367,165 11/13/01
6,315,673 09/412,960 11/13/01
6,315,678 09/206,804 11/13/01
6,315,684 09/371,994 11/13/01
6,315,685 09/644,407 11/13/01
6,315,689 09/476,616 11/13/01
6,315,690 09/541,730 11/13/01
6,315,691 09/579,459 11/13/01
6,315,694 09/463,493 11/13/01
6,315,698 09/688,524 11/13/01
6,315,699 09/549,083 11/13/01
6,315,700 09/059,639 11/13/01
6,315,701 09/196,714 11/13/01
6,315,704 09/538,902 11/13/01
6,315,718 09/654,400 11/13/01
6,315,739 09/407,187 11/13/01
6,315,745 09/559,682 11/13/01
6,315,749 09/618,153 11/13/01
6,315,761 09/408,776 11/13/01
6,315,780 09/290,644 11/13/01
6,315,784 09/244,085 11/13/01
6,315,790 09/327,234 11/13/01
6,315,794 09/335,599 11/13/01
6,315,800 09/293,584 11/13/01
6,315,802 09/308,523 11/13/01
6,315,807 09/536,752 11/13/01
6,315,808 09/397,032 11/13/01
6,315,818 09/482,890 11/13/01
6,315,821 09/758,888 11/13/01
6,315,827 09/410,723 11/13/01
6,315,829 09/568,204 11/13/01
6,315,833 09/346,657 11/13/01
6,315,836 09/351,288 11/13/01
6,315,843 09/454,640 11/13/01
6,315,856 09/271,912 11/13/01
6,315,859 09/456,218 11/13/01
6,315,862 08/404,908 11/13/01
6,315,880 08/953,864 11/13/01
6,315,884 09/508,114 11/13/01
6,315,892 09/688,167 11/13/01
6,315,896 09/603,319 11/13/01
6,315,900 09/324,527 11/13/01
6,315,903 09/535,640 11/13/01
6,315,904 09/364,126 11/13/01
6,315,911 09/635,009 11/13/01
6,315,914 09/112,835 11/13/01
6,315,926 09/353,607 11/13/01
6,315,928 09/786,206 11/13/01
6,315,934 09/411,994 11/13/01
6,315,951 09/315,276 11/13/01
6,315,953 09/240,931 11/13/01
6,315,959 09/882,333 11/13/01
6,315,960 09/359,412 11/13/01
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 305 |
6,315,967 09/615,308 11/13/01
6,315,968 08/374,462 11/13/01
6,315,971 08/826,979 11/13/01
6,315,978 09/202,328 11/13/01
6,315,984 09/388,344 11/13/01
6,315,991 09/275,303 11/13/01
6,315,994 09/758,793 11/13/01
6,315,995 09/053,871 11/13/01
6,315,996 09/289,684 11/13/01
6,315,997 08/976,288 11/13/01
6,315,998 09/504,505 11/13/01
6,316,001 09/480,745 11/13/01
6,316,004 08/264,042 11/13/01
6,316,009 09/284,026 11/13/01
6,316,011 09/368,440 11/13/01
6,316,014 09/214,075 11/13/01
6,316,015 09/240,626 11/13/01
6,316,018 09/491,152 11/13/01
6,316,020 09/629,587 11/13/01
6,316,029 09/572,961 11/13/01
6,316,031 09/469,478 11/13/01
6,316,032 09/355,982 11/13/01
6,316,034 09/231,287 11/13/01
6,316,036 09/400,806 11/13/01
6,316,041 09/427,297 11/13/01
6,316,045 09/614,591 11/13/01
6,316,046 09/230,919 11/13/01
6,316,053 09/606,261 11/13/01
6,316,059 08/573,921 11/13/01
6,316,065 09/284,077 11/13/01
6,316,066 09/522,708 11/13/01
6,316,067 08/191,886 11/13/01
6,316,070 09/088,011 11/13/01
6,316,077 09/337,615 11/13/01
6,316,079 09/057,234 11/13/01
6,316,090 08/994,776 11/13/01
6,316,119 09/250,527 11/13/01
6,316,124 09/482,053 11/13/01
6,316,131 09/153,087 11/13/01
6,316,139 09/238,740 11/13/01
6,316,141 09/419,940 11/13/01
6,316,145 09/308,622 11/13/01
6,316,148 09/653,099 11/13/01
6,316,151 09/442,983 11/13/01
6,316,161 09/388,551 11/13/01
6,316,166 09/342,901 11/13/01
6,316,172 09/401,330 11/13/01
6,316,180 08/880,353 11/13/01
6,316,182 07/913,121 11/13/01
6,316,188 09/162,274 11/13/01
6,316,196 09/485,636 11/13/01
6,316,204 09/454,854 11/13/01
6,316,207 09/284,900 11/13/01
6,316,209 08/937,955 11/13/01
6,316,214 09/309,947 11/13/01
6,316,218 09/056,868 11/13/01
6,316,219 09/160,119 11/13/01
6,316,231 09/393,665 11/13/01
6,316,239 09/577,796 11/13/01
6,316,247 09/333,532 11/13/01
6,316,251 09/147,236 11/13/01
6,316,256 09/476,828 11/13/01
6,316,257 08/793,707 11/13/01
6,316,261 09/253,977 11/13/01
6,316,265 09/399,219 11/13/01
6,316,283 09/258,277 11/13/01
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 306 |
6,316,285 09/392,201 11/13/01
6,316,290 09/626,042 11/13/01
6,316,292 09/394,180 11/13/01
6,316,296 09/536,681 11/13/01
6,316,305 09/195,163 11/13/01
6,316,307 09/608,891 11/13/01
6,316,308 09/539,641 11/13/01
6,316,312 09/730,648 11/13/01
6,316,313 09/717,002 11/13/01
6,316,324 08/741,774 11/13/01
6,316,327 09/399,586 11/13/01
6,316,334 09/642,394 11/13/01
6,316,335 09/419,007 11/13/01
6,316,336 09/516,009 11/13/01
6,316,346 09/654,868 11/13/01
6,316,349 09/438,048 11/13/01
6,316,353 09/252,427 11/13/01
6,316,355 09/339,830 11/13/01
6,316,357 08/947,381 11/13/01
6,316,360 09/150,445 11/13/01
6,316,370 09/644,699 11/13/01
6,316,372 09/057,153 11/13/01
6,316,377 09/393,990 11/13/01
6,316,379 09/332,443 11/13/01
6,316,385 09/689,666 11/13/01
6,316,387 08/907,652 11/13/01
6,316,396 09/288,632 11/13/01
6,316,397 09/445,325 11/13/01
6,316,400 09/509,915 11/13/01
6,316,403 09/269,426 11/13/01
6,316,411 09/477,100 11/13/01
6,316,412 09/201,970 11/13/01
6,316,414 09/629,371 11/13/01
6,316,417 09/509,973 11/13/01
6,316,418 09/302,629 11/13/01
6,316,419 08/909,496 11/13/01
6,316,420 09/123,485 11/13/01
6,316,423 09/155,931 11/13/01
6,316,424 09/483,150 11/13/01
6,316,427 09/543,096 11/13/01
6,316,428 09/383,779 11/13/01
6,316,432 09/516,359 11/13/01
6,316,446 09/423,965 11/13/01
6,316,462 09/289,255 11/13/01
6,316,467 09/193,026 11/13/01
6,316,469 09/516,961 11/13/01
6,316,473 09/402,469 11/13/01
6,316,476 08/685,211 11/13/01
6,316,482 09/614,132 11/13/01
6,316,484 09/633,740 11/13/01
6,316,486 08/945,664 11/13/01
6,316,490 08/860,954 11/13/01
6,316,500 09/225,629 11/13/01
6,316,501 09/436,761 11/13/01
6,316,503 09/525,861 11/13/01
6,316,505 09/369,010 11/13/01
6,316,508 09/721,764 11/13/01
6,316,517 09/378,437 11/13/01
6,316,521 09/722,969 11/13/01
6,316,528 09/341,289 11/13/01
6,316,531 09/711,911 11/13/01
6,316,536 09/306,050 11/13/01
6,316,543 09/032,518 11/13/01
6,316,545 09/465,747 11/13/01
6,316,549 08/979,484 11/13/01
6,316,557 09/308,129 11/13/01
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 307 |
6,316,558 09/039,495 11/13/01
6,316,560 09/331,133 11/13/01
6,316,565 08/896,768 11/13/01
6,316,572 09/472,189 11/13/01
6,316,573 09/125,735 11/13/01
6,316,574 09/581,838 11/13/01
6,316,577 09/480,636 11/13/01
6,316,580 09/674,396 11/13/01
6,316,585 09/488,040 11/13/01
6,316,586 09/638,356 11/13/01
6,316,591 09/308,057 11/13/01
6,316,594 09/381,601 11/13/01
6,316,602 08/237,129 11/13/01
6,316,611 08/940,035 11/13/01
6,316,613 08/910,483 11/13/01
6,316,614 08/475,823 11/13/01
6,316,615 09/323,478 11/13/01
6,316,619 08/889,895 11/13/01
6,316,625 09/621,681 11/13/01
6,316,628 09/342,149 11/13/01
6,316,634 09/805,516 11/13/01
6,316,636 08/608,519 11/13/01
6,316,644 09/647,483 11/13/01
6,316,648 09/309,423 11/13/01
6,316,657 09/525,319 11/13/01
6,316,659 09/508,008 11/13/01
6,316,660 08/908,430 11/13/01
6,316,666 09/495,951 11/13/01
6,316,684 09/387,802 11/13/01
6,316,688 09/067,167 11/13/01
6,316,692 09/191,920 11/13/01
6,316,693 09/162,098 11/13/01
6,316,695 09/296,754 11/13/01
6,316,707 09/712,102 11/13/01
6,316,709 09/645,263 11/13/01
6,316,710 09/406,459 11/13/01
6,316,713 09/189,007 11/13/01
6,316,717 09/505,324 11/13/01
6,316,719 09/504,168 11/13/01
6,316,720 09/436,405 11/13/01
6,316,728 09/478,583 11/13/01
6,316,729 09/461,178 11/13/01
6,316,732 09/420,279 11/13/01
6,316,734 09/519,682 11/13/01
6,316,741 09/325,553 11/13/01
6,316,747 09/623,841 11/13/01
6,316,751 09/498,436 11/13/01
6,316,754 09/462,402 11/13/01
6,316,759 09/729,134 11/13/01
6,316,761 09/443,336 11/13/01
6,316,763 09/101,719 11/13/01
6,316,765 09/708,287 11/13/01
6,316,767 09/398,264 11/13/01
6,316,771 06/282,558 11/13/01
6,316,779 09/434,100 11/13/01
6,316,783 09/568,046 11/13/01
6,316,787 08/862,895 11/13/01
6,316,795 09/541,737 11/13/01
6,316,802 09/282,091 11/13/01
6,316,808 09/130,356 11/13/01
6,316,823 09/339,718 11/13/01
6,316,824 09/429,392 11/13/01
6,316,826 09/408,875 11/13/01
6,316,830 09/464,562 11/13/01
6,316,832 09/190,287 11/13/01
6,316,840 09/625,541 11/13/01
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 308 |
6,316,847 09/439,306 11/13/01
6,316,849 09/507,824 11/13/01
6,316,850 09/491,777 11/13/01
6,316,856 09/521,508 11/13/01
6,316,858 09/423,084 11/13/01
6,316,859 09/653,588 11/13/01
6,316,873 09/131,339 11/13/01
6,316,883 09/627,460 11/13/01
6,316,894 09/355,985 11/13/01
6,316,902 09/455,411 11/13/01
6,316,908 09/731,967 11/13/01
6,316,910 09/723,441 11/13/01
6,316,912 09/627,189 11/13/01
6,316,921 09/612,457 11/13/01
6,316,933 09/384,711 11/13/01
6,316,937 09/417,554 11/13/01
6,316,941 09/513,062 11/13/01
6,316,951 09/119,656 11/13/01
6,316,952 09/310,374 11/13/01
6,316,953 09/364,600 11/13/01
6,316,969 09/258,739 11/13/01
6,316,973 09/491,150 11/13/01
6,316,997 09/535,265 11/13/01
6,317,023 09/419,681 11/13/01
6,317,024 09/635,774 11/13/01
6,317,027 09/229,146 11/13/01
6,317,036 09/482,012 11/13/01
6,317,038 09/600,505 11/13/01
6,317,048 09/662,742 11/13/01
6,317,076 09/660,510 11/13/01
6,317,088 09/586,027 11/13/01
6,317,089 09/471,537 11/13/01
6,317,091 09/406,702 11/13/01
6,317,093 09/635,937 11/13/01
6,317,094 09/316,942 11/13/01
6,317,097 09/436,144 11/13/01
6,317,101 09/591,312 11/13/01
6,317,102 09/623,463 11/13/01
6,317,103 09/312,932 11/13/01
6,317,105 09/361,408 11/13/01
6,317,106 09/057,519 11/13/01
6,317,108 09/557,627 11/13/01
6,317,112 09/045,253 11/13/01
6,317,124 09/834,316 11/13/01
6,317,128 08/978,524 11/13/01
6,317,129 09/049,047 11/13/01
6,317,136 09/222,941 11/13/01
6,317,139 09/047,586 11/13/01
6,317,140 09/365,657 11/13/01
6,317,147 09/592,265 11/13/01
6,317,158 09/177,830 11/13/01
6,317,163 09/183,372 11/13/01
6,317,168 09/222,723 11/13/01
6,317,176 09/442,005 11/13/01
6,317,194 09/390,291 11/13/01
6,317,196 09/209,270 11/13/01
6,317,198 09/345,758 11/13/01
6,317,199 09/083,963 11/13/01
6,317,200 09/548,918 11/13/01
6,317,205 09/835,346 11/13/01
6,317,209 09/458,561 11/13/01
6,317,211 09/352,296 11/13/01
6,317,219 09/162,136 11/13/01
6,317,238 08/883,192 11/13/01
6,317,252 09/226,805 11/13/01
6,317,260 09/585,647 11/13/01
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 309 |
6,317,268 09/448,214 11/13/01
6,317,281 08/573,582 11/13/01
6,317,287 08/629,414 11/13/01
6,317,293 09/264,098 11/13/01
6,317,301 09/116,526 11/13/01
6,317,307 09/167,756 11/13/01
6,317,309 09/108,895 11/13/01
6,317,315 09/406,130 11/13/01
6,317,319 09/626,204 11/13/01
6,317,321 08/868,587 11/13/01
6,317,322 09/640,460 11/13/01
6,317,323 09/474,578 11/13/01
6,317,328 09/825,975 11/13/01
6,317,329 09/191,301 11/13/01
6,317,330 09/504,303 11/13/01
6,317,332 09/402,566 11/13/01
6,317,334 09/318,595 11/13/01
6,317,345 09/253,332 11/13/01
6,317,346 09/709,140 11/13/01
6,317,350 09/595,850 11/13/01
6,317,356 09/693,764 11/13/01
6,317,357 09/328,074 11/13/01
6,317,358 09/632,265 11/13/01
6,317,359 09/605,113 11/13/01
6,317,361 09/761,148 11/13/01
6,317,362 09/614,778 11/13/01
6,317,363 09/687,986 11/13/01
6,317,364 09/688,061 11/13/01
6,317,365 09/332,875 11/13/01
6,317,366 09/630,585 11/13/01
6,317,379 09/507,506 11/13/01
6,317,380 09/633,123 11/13/01
6,317,382 09/812,820 11/13/01
6,317,384 09/440,489 11/13/01
6,317,385 09/370,614 11/13/01
6,317,386 09/476,738 11/13/01
6,317,389 09/557,041 11/13/01
6,317,392 09/084,305 11/13/01
6,317,395 09/217,831 11/13/01
6,317,396 09/417,362 11/13/01
6,317,400 09/343,285 11/13/01
6,317,404 09/366,346 11/13/01
6,317,408 09/629,867 11/13/01
6,317,409 09/016,278 11/13/01
6,317,413 09/080,908 11/13/01
6,317,426 09/325,499 11/13/01
6,317,431 09/029,570 11/13/01
6,317,438 09/291,485 11/13/01
6,317,439 09/325,153 11/13/01
6,317,440 08/911,081 11/13/01
6,317,443 09/248,196 11/13/01
6,317,452 09/307,646 11/13/01
6,317,454 09/191,710 11/13/01
6,317,455 08/991,313 11/13/01
6,317,457 09/264,244 11/13/01
6,317,461 09/476,117 11/13/01
6,317,465 09/247,459 11/13/01
6,317,471 09/059,477 11/13/01
6,317,472 09/129,900 11/13/01
6,317,475 09/359,085 11/13/01
6,317,486 08/922,981 11/13/01
6,317,492 09/411,746 11/13/01
6,317,502 08/805,291 11/13/01
6,317,503 08/999,642 11/13/01
6,317,505 09/432,532 11/13/01
6,317,512 08/753,011 11/13/01
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 310 |
6,317,529 09/453,202 11/13/01
6,317,537 09/632,112 11/13/01
6,317,540 09/497,070 11/13/01
6,317,546 09/406,953 11/13/01
6,317,550 09/769,689 11/13/01
6,317,561 09/495,026 11/13/01
6,317,577 09/686,705 11/13/01
6,317,578 09/689,822 11/13/01
6,317,581 09/769,597 11/13/01
6,317,588 08/788,651 11/13/01
6,317,591 09/064,202 11/13/01
6,317,592 09/455,409 11/13/01
6,317,597 09/404,935 11/13/01
6,317,619 09/363,349 11/13/01
6,317,625 09/713,455 11/13/01
6,317,630 09/239,934 11/13/01
6,317,644 09/676,884 11/13/01
6,317,652 09/390,630 11/13/01
6,317,667 09/466,126 11/13/01
6,317,692 09/842,009 11/13/01
6,317,693 09/842,018 11/13/01
6,317,706 09/053,396 11/13/01
6,317,708 09/351,952 11/13/01
6,317,711 09/503,750 11/13/01
6,317,716 09/156,716 11/13/01
6,317,720 09/333,962 11/13/01
6,317,728 09/170,745 11/13/01
6,317,732 08/925,186 11/13/01
6,317,748 09/074,853 11/13/01
6,317,749 09/164,092 11/13/01
6,317,756 09/167,547 11/13/01
6,317,780 09/149,407 11/13/01
6,317,784 09/163,292 11/13/01
6,317,791 09/149,405 11/13/01
6,317,797 09/175,866 11/13/01
6,317,798 09/248,663 11/13/01
6,317,807 09/612,710 11/13/01
6,317,812 09/657,369 11/13/01
6,317,836 09/036,240 11/13/01
6,317,841 09/074,514 11/13/01
6,317,843 09/165,755 11/13/01
6,317,853 08/847,592 11/13/01
6,317,854 09/312,560 11/13/01
6,317,855 09/162,142 11/13/01
6,317,859 09/329,124 11/13/01
6,317,861 08/635,197 11/13/01
6,317,870 09/258,564 11/13/01
6,317,871 09/118,477 11/13/01
6,317,876 09/328,043 11/13/01
6,317,878 08/859,251 11/13/01
PATENTS WHICH EXPIRED ON November 08, 2013
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
6,961,957 10/438,445 11/08/05
6,961,958 10/950,885 11/08/05
6,961,959 10/384,881 11/08/05
6,961,960 10/718,250 11/08/05
6,961,965 10/420,852 11/08/05
6,961,968 10/808,592 11/08/05
6,961,972 10/490,585 11/08/05
6,961,984 10/732,686 11/08/05
6,961,985 11/035,927 11/08/05
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 311 |
6,961,987 10/814,732 11/08/05
6,961,998 10/381,037 11/08/05
6,962,000 10/483,025 11/08/05
6,962,001 10/982,340 11/08/05
6,962,004 10/898,767 11/08/05
6,962,006 10/324,943 11/08/05
6,962,009 10/881,391 11/08/05
6,962,016 10/676,653 11/08/05
6,962,021 10/666,576 11/08/05
6,962,023 10/806,550 11/08/05
6,962,035 10/695,912 11/08/05
6,962,042 10/271,766 11/08/05
6,962,047 10/124,338 11/08/05
6,962,048 10/609,632 11/08/05
6,962,053 10/479,002 11/08/05
6,962,056 10/896,570 11/08/05
6,962,058 10/470,055 11/08/05
6,962,059 10/343,539 11/08/05
6,962,065 10/838,075 11/08/05
6,962,066 10/847,327 11/08/05
6,962,068 10/698,975 11/08/05
6,962,071 10/474,134 11/08/05
6,962,074 11/052,137 11/08/05
6,962,076 10/713,559 11/08/05
6,962,084 10/635,277 11/08/05
6,962,094 10/057,400 11/08/05
6,962,104 10/784,101 11/08/05
6,962,105 10/864,865 11/08/05
6,962,110 10/851,005 11/08/05
6,962,113 10/436,605 11/08/05
6,962,121 10/911,749 11/08/05
6,962,125 10/905,652 11/08/05
6,962,134 10/912,620 11/08/05
6,962,138 10/238,836 11/08/05
6,962,145 10/655,578 11/08/05
6,962,147 10/003,500 11/08/05
6,962,148 10/839,669 11/08/05
6,962,154 10/780,161 11/08/05
6,962,156 10/992,391 11/08/05
6,962,163 10/940,486 11/08/05
6,962,167 10/361,894 11/08/05
6,962,175 10/241,734 11/08/05
6,962,179 10/672,842 11/08/05
6,962,180 10/866,468 11/08/05
6,962,183 10/172,975 11/08/05
6,962,197 10/415,171 11/08/05
6,962,198 10/644,920 11/08/05
6,962,207 09/297,256 11/08/05
6,962,222 10/343,441 11/08/05
6,962,223 10/606,698 11/08/05
6,962,224 10/366,370 11/08/05
6,962,225 10/819,785 11/08/05
6,962,227 10/842,017 11/08/05
6,962,232 10/648,621 11/08/05
6,962,234 10/620,146 11/08/05
6,962,235 10/757,956 11/08/05
6,962,237 10/680,648 11/08/05
6,962,244 10/470,665 11/08/05
6,962,248 10/375,807 11/08/05
6,962,249 10/610,197 11/08/05
6,962,251 10/902,025 11/08/05
6,962,252 10/399,159 11/08/05
6,962,253 10/628,120 11/08/05
6,962,257 10/294,060 11/08/05
6,962,268 10/499,874 11/08/05
6,962,271 10/979,753 11/08/05
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 312 |
6,962,274 10/663,080 11/08/05
6,962,277 09/739,136 11/08/05
6,962,281 10/436,088 11/08/05
6,962,283 10/805,555 11/08/05
6,962,287 10/407,263 11/08/05
6,962,289 10/068,462 11/08/05
6,962,290 10/391,772 11/08/05
6,962,292 10/843,027 11/08/05
6,962,296 10/271,924 11/08/05
6,962,301 10/866,144 11/08/05
6,962,303 10/935,072 11/08/05
6,962,306 10/619,817 11/08/05
6,962,311 08/651,431 11/08/05
6,962,318 10/826,423 11/08/05
6,962,326 10/731,952 11/08/05
6,962,330 10/668,578 11/08/05
6,962,331 10/793,119 11/08/05
6,962,334 10/842,709 11/08/05
6,962,336 10/374,816 11/08/05
6,962,339 09/732,391 11/08/05
6,962,343 10/257,942 11/08/05
6,962,346 10/440,807 11/08/05
6,962,348 10/627,599 11/08/05
6,962,359 10/221,063 11/08/05
6,962,361 10/696,842 11/08/05
6,962,362 10/401,144 11/08/05
6,962,363 09/900,838 11/08/05
6,962,368 10/642,491 11/08/05
6,962,376 10/388,189 11/08/05
6,962,377 10/350,848 11/08/05
6,962,379 10/738,925 11/08/05
6,962,381 10/966,235 11/08/05
6,962,392 10/206,484 11/08/05
6,962,393 10/755,721 11/08/05
6,962,397 10/689,446 11/08/05
6,962,398 10/296,284 11/08/05
6,962,404 10/643,087 11/08/05
6,962,409 10/913,342 11/08/05
6,962,429 10/620,439 11/08/05
6,962,443 10/090,419 11/08/05
6,962,448 09/491,994 11/08/05
6,962,452 10/824,817 11/08/05
6,962,455 10/821,748 11/08/05
6,962,456 10/863,583 11/08/05
6,962,457 10/417,918 11/08/05
6,962,469 10/797,954 11/08/05
6,962,473 10/360,606 11/08/05
6,962,474 10/430,066 11/08/05
6,962,484 10/407,251 11/08/05
6,962,486 10/812,022 11/08/05
6,962,487 10/636,727 11/08/05
6,962,490 10/691,842 11/08/05
6,962,491 10/385,469 11/08/05
6,962,493 10/762,150 11/08/05
6,962,501 10/911,355 11/08/05
6,962,502 11/045,890 11/08/05
6,962,506 09/649,358 11/08/05
6,962,509 10/924,376 11/08/05
6,962,512 10/002,563 11/08/05
6,962,514 10/216,037 11/08/05
6,962,515 10/402,114 11/08/05
6,962,520 10/925,417 11/08/05
6,962,524 10/642,128 11/08/05
6,962,532 10/205,347 11/08/05
6,962,533 10/298,738 11/08/05
6,962,535 10/731,700 11/08/05
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 313 |
6,962,536 10/137,021 11/08/05
6,962,541 10/376,101 11/08/05
6,962,548 10/775,648 11/08/05
6,962,555 10/197,551 11/08/05
6,962,557 10/491,473 11/08/05
6,962,565 10/316,862 11/08/05
6,962,578 10/880,135 11/08/05
6,962,585 10/302,076 11/08/05
6,962,608 10/674,764 11/08/05
6,962,609 10/686,377 11/08/05
6,962,611 10/478,124 11/08/05
6,962,617 10/611,890 11/08/05
6,962,625 10/725,923 11/08/05
6,962,627 10/021,393 11/08/05
6,962,630 10/262,950 11/08/05
6,962,633 10/389,885 11/08/05
6,962,646 10/396,839 11/08/05
6,962,651 10/383,569 11/08/05
6,962,654 10/317,021 11/08/05
6,962,664 10/357,434 11/08/05
6,962,667 10/409,152 11/08/05
6,962,670 09/640,318 11/08/05
6,962,679 09/905,654 11/08/05
6,962,680 10/399,382 11/08/05
6,962,685 10/124,078 11/08/05
6,962,686 08/541,191 11/08/05
6,962,691 09/503,843 11/08/05
6,962,694 09/463,470 11/08/05
6,962,700 09/660,862 11/08/05
6,962,703 10/150,262 11/08/05
6,962,704 10/237,040 11/08/05
6,962,717 09/890,104 11/08/05
6,962,722 10/463,455 11/08/05
6,962,724 09/729,993 11/08/05
6,962,725 10/164,057 11/08/05
6,962,735 09/943,920 11/08/05
6,962,753 09/074,012 11/08/05
6,962,758 10/883,802 11/08/05
6,962,768 10/799,025 11/08/05
6,962,774 10/659,439 11/08/05
6,962,776 09/792,686 11/08/05
6,962,779 09/806,311 11/08/05
6,962,783 10/024,818 11/08/05
6,962,784 10/205,009 11/08/05
6,962,811 10/141,604 11/08/05
6,962,824 10/925,560 11/08/05
6,962,826 10/900,771 11/08/05
6,962,831 10/342,949 11/08/05
6,962,833 10/719,419 11/08/05
6,962,838 10/447,579 11/08/05
6,962,840 10/659,954 11/08/05
6,962,844 10/923,482 11/08/05
6,962,846 10/714,115 11/08/05
6,962,855 10/697,053 11/08/05
6,962,866 10/191,277 11/08/05
6,962,867 10/732,558 11/08/05
6,962,868 10/879,723 11/08/05
6,962,870 10/757,534 11/08/05
6,962,877 10/743,629 11/08/05
6,962,882 10/170,325 11/08/05
6,962,889 10/766,644 11/08/05
6,962,904 09/580,156 11/08/05
6,962,905 09/582,863 11/08/05
6,962,906 10/072,975 11/08/05
6,962,916 10/397,760 11/08/05
6,962,917 10/333,829 11/08/05
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 314 |
6,962,918 10/363,569 11/08/05
6,962,920 10/384,686 11/08/05
6,962,921 10/343,453 11/08/05
6,962,925 09/593,173 11/08/05
6,962,926 10/637,746 11/08/05
6,962,928 10/475,867 11/08/05
6,962,929 10/270,259 11/08/05
6,962,934 10/337,075 11/08/05
6,962,944 09/975,776 11/08/05
6,962,945 10/811,296 11/08/05
6,962,954 10/741,767 11/08/05
6,962,959 10/653,016 11/08/05
6,962,960 10/044,759 11/08/05
6,962,962 10/431,366 11/08/05
6,962,968 10/742,743 11/08/05
6,962,969 10/006,869 11/08/05
6,962,984 09/730,559 11/08/05
6,962,998 10/296,772 11/08/05
6,963,000 10/322,272 11/08/05
6,963,018 09/973,459 11/08/05
6,963,021 09/963,803 11/08/05
6,963,025 10/844,698 11/08/05
6,963,026 10/770,434 11/08/05
6,963,027 10/938,349 11/08/05
6,963,029 10/945,171 11/08/05
6,963,034 10/093,482 11/08/05
6,963,036 10/286,067 11/08/05
6,963,037 10/855,107 11/08/05
6,963,042 10/714,125 11/08/05
6,963,043 10/647,469 11/08/05
6,963,073 10/067,436 11/08/05
6,963,082 10/670,349 11/08/05
6,963,097 10/730,855 11/08/05
6,963,099 10/915,511 11/08/05
6,963,103 09/945,554 11/08/05
6,963,115 10/656,199 11/08/05
6,963,119 10/250,050 11/08/05
6,963,123 10/427,955 11/08/05
6,963,127 10/641,471 11/08/05
6,963,131 10/692,543 11/08/05
6,963,134 10/214,594 11/08/05
6,963,139 10/882,256 11/08/05
6,963,143 10/294,299 11/08/05
6,963,144 10/701,487 11/08/05
6,963,146 10/072,755 11/08/05
6,963,150 10/756,547 11/08/05
6,963,157 10/347,248 11/08/05
6,963,158 10/641,723 11/08/05
6,963,165 10/353,991 11/08/05
6,963,171 10/648,196 11/08/05
6,963,173 10/846,623 11/08/05
6,963,178 09/857,616 11/08/05
6,963,180 10/658,147 11/08/05
6,963,186 10/603,879 11/08/05
6,963,192 10/277,085 11/08/05
6,963,193 10/950,579 11/08/05
6,963,200 10/679,596 11/08/05
6,963,204 10/818,578 11/08/05
6,963,205 10/644,393 11/08/05
6,963,207 10/383,079 11/08/05
6,963,217 10/708,268 11/08/05
6,963,232 10/638,717 11/08/05
6,963,234 10/416,618 11/08/05
6,963,236 10/733,791 11/08/05
6,963,238 10/849,200 11/08/05
6,963,263 10/699,427 11/08/05
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 315 |
6,963,272 09/650,425 11/08/05
6,963,277 10/395,343 11/08/05
6,963,291 10/440,491 11/08/05
6,963,292 10/146,155 11/08/05
6,963,299 10/935,099 11/08/05
6,963,303 10/640,624 11/08/05
6,963,310 10/656,883 11/08/05
6,963,327 10/015,169 11/08/05
6,963,330 10/623,525 11/08/05
6,963,332 09/435,996 11/08/05
6,963,341 10/441,628 11/08/05
6,963,359 09/529,443 11/08/05
6,963,379 10/712,270 11/08/05
6,963,383 10/460,677 11/08/05
6,963,386 10/666,230 11/08/05
6,963,389 10/175,834 11/08/05
6,963,392 10/851,886 11/08/05
6,963,399 10/274,330 11/08/05
6,963,400 10/642,676 11/08/05
6,963,402 10/847,202 11/08/05
6,963,408 10/802,840 11/08/05
6,963,424 09/606,023 11/08/05
6,963,444 10/788,357 11/08/05
6,963,445 10/443,842 11/08/05
6,963,446 10/315,162 11/08/05
6,963,451 10/474,806 11/08/05
6,963,457 11/002,790 11/08/05
6,963,463 10/153,687 11/08/05
6,963,472 09/894,480 11/08/05
6,963,476 10/631,753 11/08/05
6,963,479 10/735,302 11/08/05
6,963,484 10/738,106 11/08/05
6,963,489 11/093,916 11/08/05
6,963,495 10/873,373 11/08/05
6,963,500 10/781,131 11/08/05
6,963,501 10/799,776 11/08/05
6,963,502 10/736,855 11/08/05
6,963,503 10/618,280 11/08/05
6,963,509 10/879,857 11/08/05
6,963,512 10/328,721 11/08/05
6,963,521 10/109,078 11/08/05
6,963,528 10/201,939 11/08/05
6,963,545 09/597,392 11/08/05
6,963,547 09/474,025 11/08/05
6,963,549 09/491,569 11/08/05
6,963,551 09/294,630 11/08/05
6,963,575 09/793,703 11/08/05
6,963,589 09/108,357 11/08/05
6,963,594 10/271,816 11/08/05
6,963,597 09/844,484 11/08/05
6,963,600 09/647,557 11/08/05
6,963,604 10/814,448 11/08/05
6,963,606 09/341,401 11/08/05
6,963,623 09/820,335 11/08/05
6,963,625 09/918,834 11/08/05
6,963,630 10/336,685 11/08/05
6,963,632 10/448,550 11/08/05
6,963,644 09/544,069 11/08/05
6,963,646 09/992,080 11/08/05
6,963,648 09/835,799 11/08/05
6,963,652 10/419,029 11/08/05
6,963,654 10/261,079 11/08/05
6,963,656 09/700,087 11/08/05
6,963,658 09/919,734 11/08/05
6,963,660 09/639,171 11/08/05
6,963,666 09/946,483 11/08/05
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 316 |
6,963,670 09/990,030 11/08/05
6,963,677 10/722,223 11/08/05
6,963,682 10/202,562 11/08/05
6,963,684 10/099,565 11/08/05
6,963,690 10/834,159 11/08/05
6,963,695 09/726,380 11/08/05
6,963,699 10/859,623 11/08/05
6,963,700 10/132,374 11/08/05
6,963,703 10/377,758 11/08/05
6,963,711 10/665,121 11/08/05
6,963,712 10/787,135 11/08/05
6,963,715 10/452,760 11/08/05
6,963,726 10/251,201 11/08/05
6,963,729 09/866,722 11/08/05
6,963,765 10/017,294 11/08/05
6,963,766 10/027,022 11/08/05
6,963,769 09/959,138 11/08/05
6,963,776 09/826,973 11/08/05
6,963,782 10/413,664 11/08/05
6,963,783 08/784,141 11/08/05
6,963,784 09/174,078 11/08/05
6,963,792 08/709,930 11/08/05
6,963,810 10/778,666 11/08/05
6,963,811 10/671,037 11/08/05
6,963,812 10/187,960 11/08/05
6,963,815 10/828,057 11/08/05
6,963,819 10/685,392 11/08/05
6,963,821 10/361,700 11/08/05
6,963,823 09/502,194 11/08/05
6,963,824 09/507,542 11/08/05
6,963,829 09/779,353 11/08/05
6,963,841 10/339,370 11/08/05
6,963,843 09/057,781 11/08/05
6,963,845 09/663,599 11/08/05
6,963,852 10/086,924 11/08/05
6,963,865 09/826,710 11/08/05
6,963,872 09/758,184 11/08/05
6,963,888 09/998,050 11/08/05
6,963,923 08/797,079 11/08/05
6,963,929 09/889,187 11/08/05
6,963,938 09/939,806 11/08/05
6,963,939 10/206,417 11/08/05
6,963,943 10/664,696 11/08/05
6,963,956 10/817,781 11/08/05
6,963,959 10/286,485 11/08/05
6,963,964 10/098,002 11/08/05
6,963,973 09/981,779 11/08/05
6,963,977 09/740,411 11/08/05
6,963,979 10/119,851 11/08/05
6,963,983 10/755,948 11/08/05
6,963,988 10/184,413 11/08/05
6,963,993 09/965,248 11/08/05
6,963,997 10/771,191 11/08/05
6,964,006 09/941,288 11/08/05
6,964,011 09/449,706 11/08/05
6,964,013 09/580,454 11/08/05
6,964,026 09/805,137 11/08/05
6,964,031 10/255,832 11/08/05
6,964,032 10/378,579 11/08/05
6,964,034 09/552,861 11/08/05
6,964,036 10/152,475 11/08/05
6,964,038 09/905,917 11/08/05
6,964,049 09/682,086 11/08/05
6,964,055 10/032,660 11/08/05
6,964,057 10/417,101 11/08/05
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 317 |
PATENTS WHICH EXPIRED ON November 10, 2013
DUE TO FAILURE TO PAY MAINTENANCE FEES
Patent Application Issue
Number Number Date
7,614,090 11/102,388 11/10/09
7,614,092 11/403,706 11/10/09
7,614,100 12/204,120 11/10/09
7,614,104 12/002,123 11/10/09
7,614,105 12/221,670 11/10/09
7,614,109 11/122,076 11/10/09
7,614,112 12/079,222 11/10/09
7,614,121 11/158,016 11/10/09
7,614,122 11/415,187 11/10/09
7,614,128 11/480,474 11/10/09
7,614,131 11/807,126 11/10/09
7,614,133 10/514,319 11/10/09
7,614,136 11/769,667 11/10/09
7,614,138 10/488,115 11/10/09
7,614,139 11/157,508 11/10/09
7,614,141 11/355,713 11/10/09
7,614,145 10/487,997 11/10/09
7,614,147 12/138,531 11/10/09
7,614,149 11/500,601 11/10/09
7,614,150 10/604,760 11/10/09
7,614,166 11/331,960 11/10/09
7,614,172 11/062,915 11/10/09
7,614,173 11/989,801 11/10/09
7,614,177 10/899,352 11/10/09
7,614,182 10/528,026 11/10/09
7,614,184 11/004,126 11/10/09
7,614,187 11/809,381 11/10/09
7,614,189 11/045,201 11/10/09
7,614,193 10/973,480 11/10/09
7,614,212 10/326,070 11/10/09
7,614,222 11/193,661 11/10/09
7,614,223 11/731,814 11/10/09
7,614,227 11/831,058 11/10/09
7,614,231 11/784,625 11/10/09
7,614,238 11/286,246 11/10/09
7,614,239 11/863,617 11/10/09
7,614,251 11/242,947 11/10/09
7,614,252 11/810,775 11/10/09
7,614,255 11/099,681 11/10/09
7,614,271 12/146,900 11/10/09
7,614,275 11/684,217 11/10/09
7,614,282 11/628,926 11/10/09
7,614,298 11/079,564 11/10/09
7,614,301 11/907,877 11/10/09
7,614,304 11/708,896 11/10/09
7,614,316 11/788,363 11/10/09
7,614,317 10/324,841 11/10/09
7,614,320 11/120,282 11/10/09
7,614,326 11/018,860 11/10/09
7,614,332 10/690,512 11/10/09
7,614,343 10/587,505 11/10/09
7,614,347 11/545,001 11/10/09
7,614,362 11/141,940 11/10/09
7,614,365 10/562,645 11/10/09
7,614,369 11/433,635 11/10/09
7,614,372 11/540,152 11/10/09
7,614,379 11/136,279 11/10/09
7,614,382 12/041,753 11/10/09
7,614,387 11/772,245 11/10/09
7,614,389 11/817,243 11/10/09
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 318 |
7,614,393 12/258,729 11/10/09
7,614,394 11/952,166 11/10/09
7,614,416 10/786,417 11/10/09
7,614,426 12/018,764 11/10/09
7,614,442 11/574,004 11/10/09
7,614,472 10/520,627 11/10/09
7,614,482 10/574,282 11/10/09
7,614,487 11/527,500 11/10/09
7,614,492 11/559,080 11/10/09
7,614,494 11/449,377 11/10/09
7,614,514 10/532,943 11/10/09
7,614,519 11/565,114 11/10/09
7,614,522 11/557,389 11/10/09
7,614,528 10/597,603 11/10/09
7,614,535 11/061,580 11/10/09
7,614,542 12/206,997 11/10/09
7,614,543 11/295,267 11/10/09
7,614,551 11/589,531 11/10/09
7,614,553 11/487,886 11/10/09
7,614,569 11/205,471 11/10/09
7,614,575 12/014,167 11/10/09
7,614,579 12/084,435 11/10/09
7,614,582 11/908,128 11/10/09
7,614,589 11/359,604 11/10/09
7,614,613 11/800,321 11/10/09
7,614,615 11/654,745 11/10/09
7,614,624 11/549,660 11/10/09
7,614,631 11/612,363 11/10/09
7,614,633 11/711,508 11/10/09
7,614,640 11/688,836 11/10/09
7,614,648 11/275,787 11/10/09
7,614,656 11/727,598 11/10/09
7,614,658 11/971,543 11/10/09
7,614,659 11/929,990 11/10/09
7,614,662 11/418,213 11/10/09
7,614,663 10/578,142 11/10/09
7,614,678 11/958,882 11/10/09
7,614,679 11/646,944 11/10/09
7,614,681 11/612,127 11/10/09
7,614,686 11/899,141 11/10/09
7,614,693 11/585,878 11/10/09
7,614,695 11/315,325 11/10/09
7,614,697 12/213,219 11/10/09
7,614,704 11/904,908 11/10/09
7,614,716 11/013,847 11/10/09
7,614,727 11/237,739 11/10/09
7,614,736 10/581,864 11/10/09
7,614,741 12/379,315 11/10/09
7,614,749 11/843,125 11/10/09
7,614,750 11/210,391 11/10/09
7,614,752 11/264,143 11/10/09
7,614,753 11/263,813 11/10/09
7,614,756 11/766,538 11/10/09
7,614,762 11/976,772 11/10/09
7,614,769 11/986,590 11/10/09
7,614,780 11/763,479 11/10/09
7,614,783 12/337,959 11/10/09
7,614,784 12/012,832 11/10/09
7,614,786 10/578,538 11/10/09
7,614,791 11/650,954 11/10/09
7,614,805 11/557,189 11/10/09
7,614,809 11/705,698 11/10/09
7,614,813 11/769,275 11/10/09
7,614,815 12/148,184 11/10/09
7,614,821 10/567,247 11/10/09
7,614,831 11/374,582 11/10/09
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 319 |
7,614,839 11/438,602 11/10/09
7,614,841 10/860,708 11/10/09
7,614,853 11/840,134 11/10/09
7,614,863 10/597,044 11/10/09
7,614,865 12/290,450 11/10/09
7,614,879 10/482,220 11/10/09
7,614,880 10/679,090 11/10/09
7,614,883 11/028,858 11/10/09
7,614,890 11/782,737 11/10/09
7,614,891 12/286,356 11/10/09
7,614,892 11/970,915 11/10/09
7,614,900 12/221,693 11/10/09
7,614,909 12/068,985 11/10/09
7,614,912 11/980,059 11/10/09
7,614,920 12/313,213 11/10/09
7,614,921 12/115,144 11/10/09
7,614,922 12/033,344 11/10/09
7,614,923 12/319,607 11/10/09
7,614,930 11/555,358 11/10/09
7,614,943 10/883,604 11/10/09
7,614,954 10/535,516 11/10/09
7,614,960 12/027,019 11/10/09
7,614,968 12/218,773 11/10/09
7,614,973 11/597,363 11/10/09
7,614,981 11/760,966 11/10/09
7,614,984 11/522,188 11/10/09
7,615,006 11/390,140 11/10/09
7,615,014 10/545,236 11/10/09
7,615,038 10/777,251 11/10/09
7,615,041 10/909,692 11/10/09
7,615,048 11/210,215 11/10/09
7,615,052 11/117,301 11/10/09
7,615,061 11/365,266 11/10/09
7,615,070 10/828,150 11/10/09
7,615,078 11/333,167 11/10/09
7,615,082 10/946,643 11/10/09
7,615,085 10/701,084 11/10/09
7,615,089 11/331,873 11/10/09
7,615,090 11/350,099 11/10/09
7,615,092 11/581,624 11/10/09
7,615,093 11/616,500 11/10/09
7,615,098 11/025,339 11/10/09
7,615,106 11/995,896 11/10/09
7,615,114 11/641,801 11/10/09
7,615,115 12/168,464 11/10/09
7,615,144 11/810,605 11/10/09
7,615,147 12/214,047 11/10/09
7,615,149 12/051,135 11/10/09
7,615,165 11/874,051 11/10/09
7,615,166 12/400,616 11/10/09
7,615,177 11/063,503 11/10/09
7,615,187 11/895,384 11/10/09
7,615,191 11/022,297 11/10/09
7,615,195 10/558,757 11/10/09
7,615,197 11/945,617 11/10/09
7,615,202 11/885,750 11/10/09
7,615,210 10/569,920 11/10/09
7,615,216 11/394,439 11/10/09
7,615,219 10/542,238 11/10/09
7,615,221 10/897,530 11/10/09
7,615,229 10/507,786 11/10/09
7,615,236 11/998,810 11/10/09
7,615,238 10/488,905 11/10/09
7,615,248 11/319,485 11/10/09
7,615,250 12/020,953 11/10/09
7,615,253 10/518,534 11/10/09
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 320 |
7,615,255 11/511,155 11/10/09
7,615,268 10/771,676 11/10/09
7,615,270 10/704,934 11/10/09
7,615,276 11/202,784 11/10/09
7,615,295 11/213,850 11/10/09
7,615,310 11/271,851 11/10/09
7,615,311 11/359,416 11/10/09
7,615,315 10/546,806 11/10/09
7,615,321 11/445,397 11/10/09
7,615,328 12/140,738 11/10/09
7,615,335 11/378,919 11/10/09
7,615,339 11/485,867 11/10/09
7,615,363 11/467,135 11/10/09
7,615,366 10/583,076 11/10/09
7,615,367 10/516,580 11/10/09
7,615,396 12/150,383 11/10/09
7,615,405 11/872,331 11/10/09
7,615,414 11/994,402 11/10/09
7,615,430 10/598,755 11/10/09
7,615,449 11/529,420 11/10/09
7,615,450 11/860,894 11/10/09
7,615,461 11/944,748 11/10/09
7,615,490 11/964,071 11/10/09
7,615,497 11/964,988 11/10/09
7,615,526 12/051,873 11/10/09
7,615,536 11/970,281 11/10/09
7,615,539 10/952,254 11/10/09
7,615,542 10/530,088 11/10/09
7,615,548 11/030,717 11/10/09
7,615,550 10/531,758 11/10/09
7,615,555 11/587,330 11/10/09
7,615,564 10/527,643 11/10/09
7,615,565 11/525,091 11/10/09
7,615,567 11/272,492 11/10/09
7,615,568 10/556,313 11/10/09
7,615,571 11/324,349 11/10/09
7,615,574 10/613,122 11/10/09
7,615,588 11/573,907 11/10/09
7,615,592 11/628,587 11/10/09
7,615,597 10/526,656 11/10/09
7,615,622 10/472,516 11/10/09
7,615,623 10/782,627 11/10/09
7,615,625 11/824,035 11/10/09
7,615,627 11/812,513 11/10/09
7,615,634 11/471,001 11/10/09
7,615,635 11/914,659 11/10/09
7,615,639 11/568,845 11/10/09
7,615,641 10/894,023 11/10/09
7,615,642 11/735,528 11/10/09
7,615,647 11/197,413 11/10/09
7,615,648 11/568,641 11/10/09
7,615,650 10/587,545 11/10/09
7,615,651 11/938,821 11/10/09
7,615,654 11/254,829 11/10/09
7,615,660 11/883,242 11/10/09
7,615,664 11/792,673 11/10/09
7,615,667 12/269,154 11/10/09
7,615,668 11/665,559 11/10/09
7,615,674 11/463,829 11/10/09
7,615,681 10/503,223 11/10/09
7,615,685 11/501,565 11/10/09
7,615,698 12/012,148 11/10/09
7,615,699 12/288,942 11/10/09
7,615,716 11/828,689 11/10/09
7,615,734 12/053,947 11/10/09
7,615,759 11/972,724 11/10/09
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 321 |
7,615,762 11/292,604 11/10/09
7,615,784 11/680,733 11/10/09
7,615,812 11/728,256 11/10/09
7,615,813 11/859,388 11/10/09
7,615,816 11/692,473 11/10/09
7,615,819 11/768,249 11/10/09
7,615,823 11/593,013 11/10/09
7,615,835 11/427,784 11/10/09
7,615,836 11/074,114 11/10/09
7,615,843 12/110,482 11/10/09
7,615,859 12/076,044 11/10/09
7,615,873 11/112,688 11/10/09
7,615,894 12/118,150 11/10/09
7,615,911 11/444,276 11/10/09
7,615,916 11/136,931 11/10/09
7,615,918 11/690,059 11/10/09
7,615,927 11/116,992 11/10/09
7,615,928 11/179,727 11/10/09
7,615,934 11/608,088 11/10/09
7,615,937 10/598,463 11/10/09
7,615,947 11/822,904 11/10/09
7,615,949 12/003,517 11/10/09
7,615,958 12/166,137 11/10/09
7,615,959 11/541,581 11/10/09
7,615,964 11/526,032 11/10/09
7,615,968 11/462,488 11/10/09
7,615,970 11/211,069 11/10/09
7,615,979 11/604,528 11/10/09
7,615,989 11/716,572 11/10/09
7,615,991 11/892,753 11/10/09
7,615,993 11/635,542 11/10/09
7,615,997 12/091,303 11/10/09
7,616,002 11/125,450 11/10/09
7,616,015 11/892,433 11/10/09
7,616,022 11/892,584 11/10/09
7,616,023 11/821,238 11/10/09
7,616,034 11/770,880 11/10/09
7,616,045 12/019,100 11/10/09
7,616,046 10/502,730 11/10/09
7,616,062 11/924,725 11/10/09
7,616,063 11/731,211 11/10/09
7,616,067 11/900,110 11/10/09
7,616,096 11/841,113 11/10/09
7,616,101 10/520,345 11/10/09
7,616,112 11/057,818 11/10/09
7,616,114 11/759,853 11/10/09
7,616,129 11/308,367 11/10/09
7,616,138 12/038,746 11/10/09
7,616,161 11/915,817 11/10/09
7,616,174 10/980,088 11/10/09
7,616,175 11/482,229 11/10/09
7,616,176 10/998,469 11/10/09
7,616,179 11/693,931 11/10/09
7,616,189 11/033,141 11/10/09
7,616,221 10/879,047 11/10/09
7,616,224 10/542,691 11/10/09
7,616,255 11/823,104 11/10/09
7,616,260 11/248,126 11/10/09
7,616,262 10/515,078 11/10/09
7,616,263 11/339,041 11/10/09
7,616,266 11/115,168 11/10/09
7,616,290 11/413,147 11/10/09
7,616,302 11/795,673 11/10/09
7,616,337 11/143,824 11/10/09
7,616,341 10/889,418 11/10/09
7,616,343 11/399,040 11/10/09
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 322 |
7,616,347 11/117,426 11/10/09
7,616,357 11/531,075 11/10/09
7,616,359 11/452,757 11/10/09
7,616,361 11/276,627 11/10/09
7,616,365 11/710,432 11/10/09
7,616,379 11/895,554 11/10/09
7,616,388 11/629,121 11/10/09
7,616,389 11/652,744 11/10/09
7,616,390 12/284,314 11/10/09
7,616,394 11/455,479 11/10/09
7,616,406 11/528,816 11/10/09
7,616,413 11/158,801 11/10/09
7,616,415 11/735,038 11/10/09
7,616,418 11/977,008 11/10/09
7,616,420 09/748,720 11/10/09
7,616,425 11/982,002 11/10/09
7,616,442 12/109,849 11/10/09
7,616,443 10/581,426 11/10/09
7,616,447 11/629,789 11/10/09
7,616,450 11/778,020 11/10/09
7,616,516 12/109,339 11/10/09
7,616,525 11/188,996 11/10/09
7,616,526 11/513,140 11/10/09
7,616,531 11/509,193 11/10/09
7,616,536 10/557,636 11/10/09
7,616,537 10/677,192 11/10/09
7,616,548 11/154,575 11/10/09
7,616,550 11/424,501 11/10/09
7,616,572 10/813,603 11/10/09
7,616,576 11/230,286 11/10/09
7,616,583 10/888,881 11/10/09
7,616,606 11/532,338 11/10/09
7,616,609 10/544,830 11/10/09
7,616,626 10/990,403 11/10/09
7,616,632 10/891,872 11/10/09
7,616,644 10/788,131 11/10/09
7,616,685 11/776,233 11/10/09
7,616,687 12/348,621 11/10/09
7,616,693 11/001,826 11/10/09
7,616,709 10/523,428 11/10/09
7,616,729 11/632,724 11/10/09
7,616,738 11/356,519 11/10/09
7,616,748 10/322,842 11/10/09
7,616,754 10/283,183 11/10/09
7,616,755 10/741,394 11/10/09
7,616,757 10/930,006 11/10/09
7,616,759 11/304,844 11/10/09
7,616,771 10/476,158 11/10/09
7,616,789 10/436,117 11/10/09
7,616,800 11/666,202 11/10/09
7,616,808 11/285,362 11/10/09
7,616,811 10/568,319 11/10/09
7,616,837 11/561,476 11/10/09
7,616,849 11/387,327 11/10/09
7,616,860 10/815,016 11/10/09
7,616,863 10/844,495 11/10/09
7,616,873 08/044,650 11/10/09
7,616,877 11/210,022 11/10/09
7,616,878 11/218,154 11/10/09
7,616,887 11/459,148 11/10/09
7,616,889 11/851,509 11/10/09
7,616,890 11/311,311 11/10/09
7,616,894 11/024,235 11/10/09
7,616,900 10/898,286 11/10/09
7,616,908 11/477,234 11/10/09
7,616,917 12/069,586 11/10/09
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 323 |
7,616,939 10/588,109 11/10/09
7,616,951 11/549,966 11/10/09
7,616,974 10/917,831 11/10/09
7,616,977 11/341,108 11/10/09
7,616,978 11/383,569 11/10/09
7,616,979 11/413,260 11/10/09
7,616,982 11/473,499 11/10/09
7,616,987 11/244,919 11/10/09
7,616,992 11/342,948 11/10/09
7,616,993 11/563,296 11/10/09
7,616,994 10/852,080 11/10/09
7,617,000 10/945,347 11/10/09
7,617,030 11/987,263 11/10/09
7,617,038 11/905,538 11/10/09
7,617,041 11/476,384 11/10/09
7,617,048 10/533,778 11/10/09
7,617,057 11/312,464 11/10/09
7,617,065 11/698,690 11/10/09
7,617,083 11/444,474 11/10/09
7,617,104 10/348,192 11/10/09
7,617,117 10/392,800 11/10/09
7,617,118 12/041,893 11/10/09
7,617,141 10/431,724 11/10/09
7,617,155 11/334,422 11/10/09
7,617,178 11/761,551 11/10/09
7,617,211 11/129,261 11/10/09
7,617,212 11/169,441 11/10/09
7,617,219 11/425,946 11/10/09
7,617,222 10/286,560 11/10/09
7,617,224 11/343,188 11/10/09
7,617,227 11/654,542 11/10/09
7,617,242 11/090,544 11/10/09
7,617,243 11/439,803 11/10/09
7,617,268 11/036,538 11/10/09
7,617,318 10/971,904 11/10/09
7,617,321 10/840,983 11/10/09
7,617,332 10/427,865 11/10/09
7,617,339 11/377,617 11/10/09
7,617,350 11/459,969 11/10/09
7,617,358 11/583,502 11/10/09
7,617,361 11/277,819 11/10/09
7,617,362 11/551,297 11/10/09
7,617,378 10/425,402 11/10/09
7,617,394 10/992,282 11/10/09
7,617,406 11/439,968 11/10/09
7,617,436 11/196,789 11/10/09
7,617,438 10/825,142 11/10/09
7,617,446 09/817,090 11/10/09
7,617,455 11/393,665 11/10/09
7,617,460 11/299,221 11/10/09
7,617,469 11/842,317 11/10/09
7,617,473 10/905,822 11/10/09
7,617,484 12/186,277 11/10/09
7,617,489 11/522,039 11/10/09
7,617,499 10/739,739 11/10/09
7,617,503 10/941,165 11/10/09
7,617,511 10/160,919 11/10/09
7,617,513 11/065,102 11/10/09
7,617,519 10/803,364 11/10/09
7,617,520 11/062,282 11/10/09
7,617,524 11/256,157 11/10/09
7,617,539 11/220,956 11/10/09
| Patents Reinstated Due to the Acceptance of a Late Maintenance Fee from 12/02/2013 |
Patents Reinstated Due to the Acceptance of a
Late Maintenance Fee from 12/02/2013
Patent Application Filing Issue Granted
Number Number Date Date Date
5,998,376 09/028,003 02/23/1998 12/07/1999 12/06/2013
6,086,968 08/827,663 04/10/1997 07/11/2000 12/04/2013
6,187,029 09/260,778 03/02/1999 02/13/2001 12/06/2013
6,211,672 09/217,303 12/21/1998 04/03/2001 12/03/2013
6,234,549 08/999,373 12/29/1997 05/22/2001 12/02/2013
6,243,422 09/081,031 05/18/1998 06/05/2001 12/02/2013
6,296,699 09/493,025 01/27/2000 10/02/2001 12/05/2013
6,325,118 09/686,271 10/10/2000 12/04/2001 12/07/2013
6,398,786 09/719,520 02/27/2001 06/04/2002 12/02/2013
6,475,047 09/785,941 02/16/2001 11/05/2002 12/06/2013
6,688,179 10/280,264 10/24/2002 02/10/2004 12/06/2013
6,820,390 10/272,698 10/16/2002 11/23/2004 12/05/2013
6,831,717 10/795,745 03/08/2004 12/14/2004 12/05/2013
6,874,209 10/370,778 02/24/2003 04/05/2005 12/05/2013
6,879,351 09/881,318 06/13/2001 04/12/2005 12/02/2013
6,890,219 10/122,771 04/15/2002 05/10/2005 12/03/2013
7,314,620 10/738,259 12/18/2003 01/01/2008 12/02/2013
7,363,667 11/683,186 03/07/2007 04/29/2008 12/05/2013
7,509,759 11/044,116 01/26/2005 03/31/2009 12/05/2013
7,550,605 11/659,230 02/02/2007 06/23/2009 12/03/2013
7,554,464 10/956,377 09/30/2004 06/30/2009 12/05/2013
7,590,478 11/579,479 11/03/2006 09/15/2009 12/06/2013
7,594,858 11/428,807 07/05/2006 09/29/2009 12/05/2013
7,597,116 11/279,150 04/10/2006 10/06/2009 12/05/2013
7,608,572 11/555,037 10/31/2006 10/27/2009 12/03/2013
7,610,709 12/223,547 10/15/2008 11/03/2009 12/06/2013
7,614,562 11/299,879 12/12/2005 11/10/2009 12/05/2013
| Reissue Applications Filed |
Reissue Applications Filed
Notice under 37 CFR 1.11(b). The reissue applications listed below
are open to public inspection by the general public through the Image
File Wrapper (IFW) system (http://portal.uspto.gov/external/portal/pair)
on the USPTO internet web site (www.uspto.gov), and copies may be obtained
by paying the fee therefor (37 CFR 1.19).
D. 688,163, Re. S.N.: 29,472,138, Nov. 08, 2013, CL: D12, MOTOR SCOOTER,
Yoshinori KOHINATA, Owner of Record: Suzuki Motor Corporation, Attorney or
Agent: R. Flynt Strean, Ex. GP.: 2913
6,643,777, Re. S.N.: 14,087,640, Nov. 02, 2013, CL: 713, DATA SECURITY
METHOD AND DEVICE FOR COMPUTER MODULES, William W. Y. CHU, Owner of Record:
Acqis LLC, Attorney or Agent: William S. Galliani, Ex. GP.: 2131
6,709,977, Re. S.N.: 14,085,128, Nov. 20, 2013, CL: 438, INTEGRATED
CIRCUIT HAVING OVERSIZED COMPONENTS AND METHOD OF MANUFACTURE THEREOF,
Harry CONTOPANAGOS, Owner of Record: Broadcom Corporation, Attorney or
Agent: Robert Sokohl, Ex. GP.: 2829
7,895,116, Re. S.N.: 14,091,751, Nov. 27, 2013, CL: 705, SELLER
AUTOMATED ENGINE ARCHITECTURE AND METHODOLOGY FOR OPTIMIZED PRICING
STRATEGIES IN AUTOMATED REAL-TIME ITERATIVE REVERSE AUCTIONS OVER THE
INTERNET AND THE LIKE FOR THE PURCHASE AND SALE OF GOODS, Mukesh CHATTER,
Owner of Record: Peak Silver Advisors, Attorney or Agent: Michael A.
Bartley, Ex. GP.: 3693
8,057,624, Re. S.N.: 14,077,278, Nov. 12, 2013, CL: 156, DUAL PANEL
FABRICATION, Bryan Keith MARTIN, Owner of Record: The NORDAM Group, Inc.,
Attorney or Agent: Francis L. Conte, Ex. GP.: 1746
8,062,071, Re. S.N.: 14,086,273, Nov. 21, 2013, CL: 439, AN ELECTRICAL
CONNECTOR FOR ELECTRICAL CONNECTION BETWEEN NEIGHBORING CONNECTORS,
Toru YAMAKAMI, Owner of Record: Fujitsu Component Limited, Attorney or
Agent: Herman W. Paris, Ex. GP.: 2839
8,148,418, Re. S.N.: 14,091,952, Nov. 27, 2013, CL: 514, ETHERS,
SECONDARY AMINES AND DERIVATIVES THEREOF AS MODULATORS OF THE 5-HT 2A
SEROTONIN RECEPTOR USEFUL FOR THE TREATMENT OF DISORDERS RELATED THERETO,
Inventors: Bradley TEEGARDEN, et. al., Owner of Record: Arena
Pharmaceuticals, Inc., Attorney or Agent: Lauren L. Stevens, Ex. GP.: 1626
8,293,624, Re. S.N. 14/083,169, Nov. 18, 2013, Cl. 438/478, LARGE AREA
NANOENABLED MACROELECTRONIC SUBSTRATES AND USES THEREFOR, Linda T. Romano,
et al., Owner of Record: Nanosys, Inc., Milpitas, CA, Attorney or Agent:
Jason Eisenberg, Ex. Gp.: 2812
8,319,152, Re. S.N.: 14,096,029, Dec. 04, 2013, CL: 219, SHAVER WITH
HAIR PREHEATING, Pinchas SHALEV, Owner of Record: Radiancy Inc.,
Attorney or Agent: Simon Kahn, Ex. GP.: 3742
8,369,890, Re. S.N.: 14,077,604, Nov. 12, 2013, CL: 607, MOBILE
ELECTRONIC DEVICE WITH AN ILLUMINATED STATIC DISPLAY, Alberto Soto
NICHOLAS, Owner of Record: Nokia Corporation, Attorney or Agent: Juan Juan,
Ex. GP.: 3739
8,430,753, Re. S.N.: 14,092,481, Nov. 27, 2013, CL: 463, VIDEO GAME
SYSTEM WITH WIRELESS MODULAR HANDHELD CONTROLLER, Akio IKDA, et al.,
Owner of Record: Nintendo Co., Ltd., Attorney or Agent: Robert W. Faris,
Ex. GP.: 3718
8,466,323, Re. S.N.: 14,085,964, Nov. 21, 2013, CL: 564, PROCESS FOR
PREPARING PURE TRIETHANOLAMINE (TEOA), Johann-Peter MELDER, Owner of
Record: BASF SE, Attorney or Agent: Geoffrey A. Zelley, Ex. GP.: 1621
8,516,951, Re. S.N.: 14,089,156, Nov. 25, 2013, CL: 099, COOKING VESSEL
TOP TO PREVENT BOIL OVER OF LIQUIDS, Armin HARECKER, Owner of Record:
Applicant, Attorney or Agent: R. Flynt Strean, Ex. GP.: 3742
| Requests for Ex Parte Reexamination Filed |
Requests for Ex Parte Reexamination Filed
7,679,098, Reexam. C.N. 90/020,039, Requested Date: Nov. 19, 2013,
Cl. 257/099, Title: HIGHLY DIRECTIONAL LIGHT EMITTING DIODE USING PHOTONIC
BANDGAP WAVEGUIDES, Inventor: Scott W. Corzine, Owners of Record: Avago
Technologies General IP (Singapore) PTE. LTD., Singapore, Attorney or
Agent: Avago Technologies Limited, Fort Collins, CO, Ex. GP.: 3992,
Requester: DIRECTOR ORDERED
7,719,020, Reexam. C.N. 90/020,038, Requested Date: Nov. 19, 2013,
Cl. 257/098, Title: (AL, GA, IN) N AND ZNO DIRECT WAFER BONDED STRUCTURE
FOR OPTOELECTRONIC APPLICATIONS, AND ITS FABRICATION METHOD, Inventor:
Akihiko Murai et al., Owners of Record: Japan Science and Technology
Agency, Japan, Attorney or Agent: Gates & Cooper, LLP., Los Angeles, CA,
Ex. GP.: 3992, Requester: DIRECTOR ORDERED
7,728,411, Reexam. C.N. 90/020,040, Requested Date: Nov. 19, 2013,
Cl. 257/666, Title: COL-TSOP WITH NONCONDUCTIVE MATERIAL FOR REDUCING
PACKAGE CAPACITANCE, Inventor: Ming Hsun Lee et al., Owners of Record:
SanDisk Technologies, Inc., Plano, TX, Attorney or Agent: Vierra Magen/
SanDisk Corporation, San Francisco, CA, Ex. GP.: 3992, Requester:
DIRECTOR ORDERED
7,737,434, Reexam. C.N. 90/020,041, Requested Date: Nov. 19, 2013,
Cl. 257/098, Title: LIGHT-EMITTING DIODE ILLUMINATION SOURCE, Inventor:
Kenji Shinozaki et al., Owners of Record: Showa Denko K.K., Japan,
Attorney or Agent: Sughrue Mion, PLLC., Washington, DC, Ex. GP.: 3992,
Requester: DIRECTOR ORDERED
7,737,443, Reexam. C.N. 90/020,042, Requested Date: Nov. 19, 2013,
Cl. 257/059, Title: LIGHT EMITTING DEVICE AND METHOD OF MANUFACTURING THE
SAME, Inventor: Hak Su Kim et al., Owners of Record: LG Display Co., LTD.,
Korea, Attorney or Agent: Morgan Lewis & Bockius, LLP., Washington, DC,
Ex. GP.: 3992, Requester: DIRECTOR ORDERED
7,737,466, Reexam. C.N. 90/020,043, Requested Date: Nov. 19, 2013,
Cl. 257/190, Title: SEMICONDUCTOR DEVICE AND MANUFACTURING METHOD THEREOF,
Inventor: Kaoru Hiyama et al., Owners of Record: Kabushiki Kaisha Toshiba,
Japan, Attorney or Agent: Foley & Lardner, LLP., Washington, DC,
Ex. GP.: 3992, Requester: DIRECTOR ORDERED
7,741,642, Reexam. C.N. 90/020,044, Requested Date: Nov. 19, 2013,
Cl. 257/059, Title: SEMICONDUCTOR DEVICE AND MANUFACTURING METHOD THEREOF,
Inventor: Toru Takayama et al., Owners of Record: Semiconductor Energy
Laboratory Co., LTD., Japan, Attorney or Agent: Robinson Intellectual
Property Law Office, PC., Fairfax, VA, Ex. GP.: 3992, Requester: DIRECTOR
ORDERED
7,745,814, Reexam. C.N. 90/020,046, Requested Date: Nov. 19, 2013,
Cl. 257/013, Title: POLYCHROMATIC LED'S AND RELATED SEMICONDUCTOR DEVICES,
Inventor: Thomas J. Miller et al., Owners of Record: 3M Innovative
Properties Company, St. Paul, MN, Attorney or Agent: 3M Innovative
Properties Company, St. Paul, MN, Ex. GP.: 3992, Requester: DIRECTOR
ORDERED
7,749,780, Reexam. C.N. 90/020,045, Requested Date: Nov. 19, 2013,
Cl. 438/022, Title: POLYMER OPTOELECTRONIC DEVICE AND METHODS FOR MAKING
THE SAME, Inventor: Antonius Maria B. Van Mol et al., Owners of Record:
Nederlandse Organisatie Voor Toegepast-Natuurwetenschappelijk Onderzoek
Tno, Netherlands, Attorney or Agent: Nixon & Vanderhye, PC., Arlington, VA,
Ex. GP.: 3992, Requester: DIRECTOR ORDERED
| Requests for Supplemental Examination Filed |
Requests for Supplemental Examination Filed
7,695,022, Reexam. C.N. 96/000,031, Requested Date: Nov. 14, 2013,
Cl. 285/901, Title: FLUID COUPLING CAP, Inventor: Michael P. Wells et al.,
Owners of Record: Eaton Corporation, Cleveland, OH, Attorney or Agent:
M & G Eaton Corp., Minneapolis, MN, Ex. Gp.: 3993, Requester: PATENT OWNER
| Notice of Expiration of Trademark Registrations Due to Failure to Renew |
Notice of Expiration of Trademark Registrations
Due to Failure to Renew
15 U.S.C. 1059 provides that each trademark registration may be
renewed for periods of ten years from the end of the expiring period
upon payment of the prescribed fee and the filing of an acceptable
application for renewal. This may be done at any time within one year
before the expiration of the period for which the registration was
issued or renewed, or it may be done within six months after such
expiration on payment of an additional fee.
According to the records of the Office, the trademark registrations
listed below are expired due to failure to renew in accordance with 15
U.S.C. 1059.
TRADEMARK REGISTRATIONS WHICH EXPIRED
December 6, 2013
DUE TO FAILURE TO RENEW
Reg. Number Serial Number Reg. Date
2,711,440 78/111,056 04/29/2003
3,237,512 79/000,406 05/01/2007
3,237,513 79/006,182 05/01/2007
3,237,515 79/006,553 05/01/2007
3,237,517 79/007,510 05/01/2007
3,237,518 79/008,049 05/01/2007
3,237,520 79/010,685 05/01/2007
3,237,521 79/010,801 05/01/2007
3,237,522 79/010,963 05/01/2007
3,237,526 79/012,198 05/01/2007
3,237,527 79/012,324 05/01/2007
3,237,528 79/012,462 05/01/2007
3,237,530 79/012,879 05/01/2007
3,237,532 79/013,500 05/01/2007
3,237,535 79/013,886 05/01/2007
3,237,537 79/014,111 05/01/2007
3,237,538 79/014,243 05/01/2007
3,237,540 79/014,449 05/01/2007
3,237,541 79/014,835 05/01/2007
3,237,543 79/014,996 05/01/2007
3,237,544 79/015,127 05/01/2007
3,237,550 79/015,658 05/01/2007
3,237,551 79/015,767 05/01/2007
3,237,553 79/015,986 05/01/2007
3,237,554 79/016,075 05/01/2007
3,237,555 79/016,085 05/01/2007
3,237,557 79/016,280 05/01/2007
3,237,561 79/017,098 05/01/2007
3,237,562 79/017,379 05/01/2007
3,237,563 79/017,452 05/01/2007
3,237,565 79/017,551 05/01/2007
3,237,566 79/017,639 05/01/2007
3,237,567 79/017,699 05/01/2007
3,237,568 79/017,749 05/01/2007
3,237,569 79/017,788 05/01/2007
3,237,573 79/018,085 05/01/2007
3,237,574 79/018,160 05/01/2007
3,237,577 79/018,310 05/01/2007
3,237,578 79/018,327 05/01/2007
3,237,579 79/018,344 05/01/2007
3,237,585 79/018,556 05/01/2007
3,237,586 79/018,574 05/01/2007
3,237,589 79/018,650 05/01/2007
3,237,592 79/018,815 05/01/2007
3,237,593 79/018,861 05/01/2007
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 329 |
3,237,596 79/019,165 05/01/2007
3,237,597 79/019,195 05/01/2007
3,237,599 79/019,314 05/01/2007
3,237,600 79/019,438 05/01/2007
3,237,601 79/019,585 05/01/2007
3,237,602 79/019,651 05/01/2007
3,237,603 79/019,954 05/01/2007
3,237,604 79/020,061 05/01/2007
3,237,609 79/020,222 05/01/2007
3,237,612 79/020,307 05/01/2007
3,237,614 79/020,348 05/01/2007
3,237,615 79/020,386 05/01/2007
3,237,617 79/020,538 05/01/2007
3,237,618 79/020,543 05/01/2007
3,237,620 79/020,762 05/01/2007
3,237,622 79/020,788 05/01/2007
3,237,624 79/021,140 05/01/2007
3,237,626 79/021,247 05/01/2007
3,237,627 79/021,275 05/01/2007
3,237,628 79/021,311 05/01/2007
3,237,630 79/021,368 05/01/2007
3,237,632 79/021,730 05/01/2007
3,237,634 79/021,759 05/01/2007
3,237,642 79/021,970 05/01/2007
3,237,643 79/021,971 05/01/2007
3,237,644 79/022,069 05/01/2007
3,237,645 79/022,116 05/01/2007
3,237,647 79/022,182 05/01/2007
3,237,649 79/022,214 05/01/2007
3,237,650 79/022,294 05/01/2007
3,237,651 79/022,314 05/01/2007
3,237,652 79/022,389 05/01/2007
3,237,653 79/022,433 05/01/2007
3,237,656 79/022,568 05/01/2007
3,237,658 79/022,657 05/01/2007
3,237,659 79/022,659 05/01/2007
3,237,660 79/022,673 05/01/2007
3,237,663 79/022,903 05/01/2007
3,237,665 79/022,941 05/01/2007
3,237,666 79/023,033 05/01/2007
3,237,668 79/023,152 05/01/2007
3,237,669 79/023,238 05/01/2007
3,237,670 79/023,319 05/01/2007
3,237,671 79/023,457 05/01/2007
3,237,672 79/023,480 05/01/2007
3,237,673 79/023,825 05/01/2007
3,237,674 79/023,827 05/01/2007
3,237,675 79/023,923 05/01/2007
3,237,677 79/024,119 05/01/2007
3,237,678 79/024,253 05/01/2007
3,237,681 79/024,356 05/01/2007
3,237,683 79/024,391 05/01/2007
3,237,687 79/024,612 05/01/2007
3,237,688 79/024,684 05/01/2007
3,237,689 79/024,866 05/01/2007
3,237,690 79/024,934 05/01/2007
3,237,692 79/025,425 05/01/2007
3,237,694 79/025,564 05/01/2007
3,237,697 79/026,049 05/01/2007
3,237,698 79/026,050 05/01/2007
3,237,699 79/026,063 05/01/2007
3,237,701 79/026,425 05/01/2007
3,237,702 79/026,567 05/01/2007
3,237,707 79/026,931 05/01/2007
3,237,714 79/027,631 05/01/2007
3,237,715 79/027,863 05/01/2007
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 330 |
3,237,717 79/028,174 05/01/2007
3,237,718 79/028,192 05/01/2007
3,237,719 79/028,206 05/01/2007
3,237,720 79/028,285 05/01/2007
3,237,721 79/028,311 05/01/2007
3,237,722 79/028,344 05/01/2007
3,237,724 79/028,683 05/01/2007
3,237,725 79/028,697 05/01/2007
3,237,726 79/029,002 05/01/2007
3,237,727 79/029,762 05/01/2007
3,237,728 79/029,965 05/01/2007
3,237,729 79/030,119 05/01/2007
1,768,560 73/695,958 05/04/1993
1,768,603 74/230,741 05/04/1993
2,711,581 75/263,574 04/29/2003
2,710,269 75/344,219 04/29/2003
2,711,589 75/453,150 04/29/2003
2,710,284 75/536,399 04/29/2003
2,711,612 75/611,441 04/29/2003
2,711,622 75/661,343 04/29/2003
2,710,304 75/671,675 04/29/2003
2,710,306 75/679,931 04/29/2003
2,711,631 75/694,055 04/29/2003
2,710,329 75/787,101 04/29/2003
2,711,650 75/794,821 04/29/2003
2,711,671 75/849,426 04/29/2003
2,712,204 75/852,410 04/29/2003
2,711,672 75/854,269 04/29/2003
2,710,342 75/857,365 04/29/2003
2,711,678 75/868,179 04/29/2003
2,710,349 75/876,091 04/29/2003
2,711,687 75/888,928 04/29/2003
2,710,358 75/897,736 04/29/2003
2,711,695 75/898,442 04/29/2003
2,711,697 75/901,136 04/29/2003
2,711,699 75/902,366 04/29/2003
2,710,363 75/912,888 04/29/2003
2,711,713 75/932,916 04/29/2003
2,710,372 75/934,154 04/29/2003
2,710,374 75/981,720 04/29/2003
2,710,378 75/983,024 04/29/2003
2,710,379 75/983,046 04/29/2003
2,711,723 76/001,640 04/29/2003
2,711,725 76/002,957 04/29/2003
2,711,731 76/023,212 04/29/2003
2,710,392 76/029,515 04/29/2003
2,710,395 76/033,578 04/29/2003
2,710,401 76/046,617 04/29/2003
2,711,742 76/050,005 04/29/2003
2,710,407 76/054,020 04/29/2003
2,711,744 76/056,221 04/29/2003
2,711,753 76/062,495 04/29/2003
2,711,757 76/063,630 04/29/2003
2,711,761 76/070,415 04/29/2003
2,711,762 76/070,784 04/29/2003
2,711,764 76/073,205 04/29/2003
2,710,424 76/075,196 04/29/2003
2,711,768 76/078,218 04/29/2003
2,711,776 76/084,019 04/29/2003
2,710,434 76/094,969 04/29/2003
2,712,213 76/098,167 04/29/2003
2,710,436 76/102,350 04/29/2003
2,710,438 76/109,846 04/29/2003
2,710,440 76/110,650 04/29/2003
2,710,445 76/115,666 04/29/2003
2,710,449 76/121,125 04/29/2003
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 331 |
2,710,452 76/123,428 04/29/2003
2,711,811 76/134,094 04/29/2003
2,710,466 76/137,980 04/29/2003
2,710,469 76/141,858 04/29/2003
2,710,470 76/143,154 04/29/2003
2,711,823 76/143,887 04/29/2003
2,710,474 76/145,381 04/29/2003
2,710,482 76/151,887 04/29/2003
2,711,830 76/152,942 04/29/2003
2,710,485 76/154,183 04/29/2003
2,710,489 76/162,031 04/29/2003
2,711,841 76/165,330 04/29/2003
2,710,495 76/165,615 04/29/2003
2,711,843 76/168,494 04/29/2003
2,711,844 76/168,902 04/29/2003
2,710,498 76/168,981 04/29/2003
2,710,499 76/168,983 04/29/2003
2,710,500 76/169,116 04/29/2003
2,710,507 76/174,341 04/29/2003
2,711,849 76/175,838 04/29/2003
2,712,220 76/183,020 04/29/2003
2,710,513 76/184,041 04/29/2003
2,711,856 76/185,355 04/29/2003
2,711,858 76/185,826 04/29/2003
2,711,859 76/185,827 04/29/2003
2,710,517 76/186,641 04/29/2003
2,710,522 76/188,493 04/29/2003
2,712,222 76/193,629 04/29/2003
2,710,533 76/196,588 04/29/2003
2,711,874 76/196,766 04/29/2003
2,710,537 76/198,610 04/29/2003
2,711,878 76/199,871 04/29/2003
2,711,881 76/201,028 04/29/2003
2,711,882 76/201,029 04/29/2003
2,710,542 76/201,234 04/29/2003
2,710,545 76/201,602 04/29/2003
2,711,885 76/202,908 04/29/2003
2,711,887 76/203,332 04/29/2003
2,711,888 76/204,341 04/29/2003
2,711,895 76/209,832 04/29/2003
2,710,557 76/211,133 04/29/2003
2,710,559 76/211,823 04/29/2003
2,711,914 76/224,695 04/29/2003
2,711,915 76/225,022 04/29/2003
2,711,921 76/227,643 04/29/2003
2,710,588 76/234,154 04/29/2003
2,711,930 76/237,329 04/29/2003
2,710,594 76/238,869 04/29/2003
2,710,599 76/243,618 04/29/2003
2,711,938 76/244,567 04/29/2003
2,710,608 76/248,705 04/29/2003
2,712,227 76/250,606 04/29/2003
2,710,610 76/253,382 04/29/2003
2,710,632 76/264,222 04/29/2003
2,711,959 76/266,610 04/29/2003
2,710,636 76/267,063 04/29/2003
2,712,230 76/268,544 04/29/2003
2,710,645 76/271,686 04/29/2003
2,711,976 76/274,493 04/29/2003
2,710,658 76/277,613 04/29/2003
2,711,988 76/283,174 04/29/2003
2,711,989 76/283,186 04/29/2003
2,712,234 76/283,850 04/29/2003
2,710,669 76/284,306 04/29/2003
2,710,677 76/288,446 04/29/2003
2,712,002 76/291,362 04/29/2003
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 332 |
2,712,004 76/293,531 04/29/2003
2,712,007 76/294,561 04/29/2003
2,712,008 76/295,360 04/29/2003
2,712,016 76/302,650 04/29/2003
2,712,241 76/306,442 04/29/2003
2,712,024 76/307,152 04/29/2003
2,710,711 76/308,698 04/29/2003
2,712,031 76/311,252 04/29/2003
2,712,033 76/311,555 04/29/2003
2,712,037 76/312,472 04/29/2003
2,710,722 76/313,009 04/29/2003
2,710,723 76/313,459 04/29/2003
2,710,731 76/316,546 04/29/2003
2,710,734 76/318,612 04/29/2003
2,710,740 76/321,954 04/29/2003
2,710,741 76/322,536 04/29/2003
2,712,059 76/323,072 04/29/2003
2,710,744 76/324,723 04/29/2003
2,710,748 76/326,429 04/29/2003
2,712,067 76/328,958 04/29/2003
2,712,068 76/329,110 04/29/2003
2,710,755 76/329,440 04/29/2003
2,712,080 76/333,822 04/29/2003
2,710,765 76/334,349 04/29/2003
2,712,081 76/334,370 04/29/2003
2,712,088 76/340,963 04/29/2003
2,712,090 76/343,144 04/29/2003
2,712,091 76/345,227 04/29/2003
2,710,794 76/346,187 04/29/2003
2,712,094 76/346,477 04/29/2003
2,712,251 76/348,316 04/29/2003
2,710,814 76/351,215 04/29/2003
2,712,097 76/351,972 04/29/2003
2,710,828 76/354,016 04/29/2003
2,712,100 76/354,400 04/29/2003
2,710,832 76/354,564 04/29/2003
2,710,833 76/354,622 04/29/2003
2,710,847 76/356,958 04/29/2003
2,710,851 76/357,729 04/29/2003
2,712,104 76/359,093 04/29/2003
2,710,861 76/359,346 04/29/2003
2,710,866 76/359,764 04/29/2003
2,710,874 76/359,903 04/29/2003
2,710,878 76/360,136 04/29/2003
2,710,883 76/360,226 04/29/2003
2,710,885 76/360,896 04/29/2003
2,710,887 76/361,648 04/29/2003
2,712,254 76/362,480 04/29/2003
2,712,109 76/365,820 04/29/2003
2,710,914 76/366,661 04/29/2003
2,710,930 76/368,877 04/29/2003
2,710,938 76/370,480 04/29/2003
2,710,947 76/371,661 04/29/2003
2,710,954 76/372,842 04/29/2003
2,710,955 76/372,979 04/29/2003
2,710,962 76/375,538 04/29/2003
2,710,972 76/377,630 04/29/2003
2,712,256 76/378,105 04/29/2003
2,710,983 76/379,320 04/29/2003
2,710,988 76/380,607 04/29/2003
2,710,994 76/381,804 04/29/2003
2,712,259 76/384,669 04/29/2003
2,711,008 76/385,489 04/29/2003
2,711,021 76/387,999 04/29/2003
2,711,027 76/388,533 04/29/2003
2,712,260 76/389,282 04/29/2003
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 333 |
2,711,036 76/390,516 04/29/2003
2,712,261 76/390,560 04/29/2003
2,711,037 76/391,078 04/29/2003
2,711,051 76/393,043 04/29/2003
2,711,052 76/393,189 04/29/2003
2,711,053 76/393,190 04/29/2003
2,711,063 76/394,946 04/29/2003
2,711,071 76/396,960 04/29/2003
2,711,073 76/397,491 04/29/2003
2,711,083 76/398,526 04/29/2003
2,711,089 76/400,090 04/29/2003
2,711,092 76/401,156 04/29/2003
2,712,263 76/401,876 04/29/2003
2,712,265 76/402,745 04/29/2003
2,711,118 76/407,271 04/29/2003
2,711,122 76/408,140 04/29/2003
2,711,126 76/408,828 04/29/2003
2,711,131 76/409,607 04/29/2003
2,711,142 76/411,004 04/29/2003
2,711,174 76/416,981 04/29/2003
2,711,188 76/418,540 04/29/2003
2,711,189 76/418,543 04/29/2003
2,711,190 76/418,947 04/29/2003
2,712,271 76/419,421 04/29/2003
2,711,204 76/420,777 04/29/2003
2,711,211 76/421,761 04/29/2003
2,711,230 76/425,035 04/29/2003
2,711,233 76/425,378 04/29/2003
2,711,234 76/425,446 04/29/2003
2,711,244 76/426,262 04/29/2003
2,711,245 76/426,317 04/29/2003
2,711,251 76/426,798 04/29/2003
2,711,262 76/428,821 04/29/2003
2,711,263 76/428,898 04/29/2003
2,711,266 76/429,224 04/29/2003
2,711,267 76/429,249 04/29/2003
2,711,271 76/429,917 04/29/2003
2,711,277 76/430,959 04/29/2003
2,711,288 76/432,536 04/29/2003
2,712,276 76/436,872 04/29/2003
2,711,309 76/437,857 04/29/2003
2,711,322 76/442,640 04/29/2003
2,711,323 76/442,641 04/29/2003
2,711,324 76/442,642 04/29/2003
2,711,333 76/445,059 04/29/2003
2,711,335 76/445,328 04/29/2003
2,711,337 76/445,720 04/29/2003
2,711,352 76/449,875 04/29/2003
2,712,280 76/458,950 04/29/2003
2,712,116 76/975,168 04/29/2003
2,711,356 78/023,778 04/29/2003
2,711,358 78/031,319 04/29/2003
2,712,134 78/033,122 04/29/2003
2,711,362 78/051,298 04/29/2003
2,712,144 78/051,323 04/29/2003
2,712,145 78/051,560 04/29/2003
2,711,369 78/064,735 04/29/2003
2,711,370 78/064,749 04/29/2003
2,711,371 78/065,564 04/29/2003
2,711,373 78/068,169 04/29/2003
2,711,379 78/077,297 04/29/2003
2,712,180 78/086,638 04/29/2003
2,711,389 78/087,217 04/29/2003
2,711,391 78/088,650 04/29/2003
2,711,397 78/092,079 04/29/2003
2,711,413 78/100,228 04/29/2003
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 334 |
2,711,414 78/100,422 04/29/2003
2,712,194 78/102,547 04/29/2003
2,711,426 78/106,247 04/29/2003
2,712,199 78/106,576 04/29/2003
2,712,202 78/109,012 04/29/2003
2,711,430 78/109,062 04/29/2003
2,711,434 78/110,121 04/29/2003
2,711,435 78/110,188 04/29/2003
2,711,436 78/110,210 04/29/2003
2,711,443 78/113,441 04/29/2003
2,711,446 78/114,433 04/29/2003
2,711,451 78/115,678 04/29/2003
2,711,452 78/115,955 04/29/2003
2,711,461 78/119,197 04/29/2003
2,711,466 78/121,622 04/29/2003
2,711,472 78/124,161 04/29/2003
2,711,490 78/132,115 04/29/2003
2,711,504 78/136,664 04/29/2003
2,711,510 78/137,856 04/29/2003
2,711,513 78/138,266 04/29/2003
2,711,520 78/139,581 04/29/2003
2,711,522 78/139,707 04/29/2003
2,711,523 78/139,716 04/29/2003
2,711,543 78/144,491 04/29/2003
2,711,553 78/145,550 04/29/2003
2,711,559 78/145,884 04/29/2003
2,711,571 78/147,476 04/29/2003
2,712,121 78/012,838 04/29/2003
Service by Publication
A petition to partially cancel the registration identified below having
been filed, and the notice of such proceeding sent to registrant at the
last known address having been returned by the Postal Service as
undeliverable, notice is hereby given that unless the registrant listed
herein, its assigns or legal representatives, shall enter an appearance
within thirty days of this publication, the cancellation will proceed as in
the case of default.
LPIL Cooperatief U. A., MG Den Dolder, Netherlands, Registration No.
3472396 for the mark "LA PERLA INTERNATIONAL LIVING", Cancellation No.
92056793.
DENISE M. DELGIZZI
Trademark Trial and Appeal Board, for
DEBORAH S. COHN
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
NYT Management Services, Inc., Tampa, FL, Registration No. 3625221 for the
mark "LOLA", Cancellation No. 92057235.
ROCHELLE ADAMS
Paralegal
Trademark Trial and Appeal Board, for
DEBORAH S. COHN
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
Thomas H. Tadayon, Los Angeles, California, Registration No. 3242354 for
the mark "REHAB", Cancellation No. 92057676.
NICOLE THIER
Paralegal Specialist
Trademark Trial and Appeal Board, for
DEBORAH S. COHN
Commissioner for Trademarks
Service by Publication
A petition to cancel the registration identified below having been
filed, and the notice of such proceeding sent to registrant at the last
known address having been returned by the Postal Service as undeliverable,
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notice is hereby given that unless the registrant listed herein, its
assigns or legal representatives, shall enter an appearance within thirty
days of this publication, the cancellation will proceed as in the case of
default.
Sisters Snapdragon, Inc., Columbus, GA, Registration No. 3333561 for the
mark "SNAPDRAGON", Cancellation No. 92057988.
VERONICA WHITE
Trademark Trial and Appeal Board, for
DEBORAH S. COHN
Commissioner for Trademarks
| 37 CFR 1.47 Notice by Publication |
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of the sole inventor. The petition has been granted.
A notice has been sent to the last known address of the non-signing
inventor. The inventor whose signature is missing (Esad Jaganjac) may join
in the application by promptly filing an appropriate oath or declaration
complying with 37 CFR 1.63. The international application number is
PCT/GB2011/001172 and was filed on 04 August 2011 in the name of Esad
Jaganjac entitled INTERLOCKING ARRANGEMENT FOR ELECTRIC MOTOR. The national
stage application is assigned number 13/813,983 and has a 35 U.S.C. 371(c)
date of 14 October 2013.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of one of the joint inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Mads Lundstrom) may join in the
application by promptly filing an appropriate oath or declaration complying
with 37 CFR 1.63. The international application number is PCT/US2012/023070
and was filed on 30 January 2012 in the name of Visti Andresen et al for
the invention entitled "METHOD AND SYSTEM FOR STABLE DIRECT METHANOL FUEL
CELL OPERATION AT VARYING LOADS AND SUB-ZERO TEMPERATURES". The national
stage application number is 13/981,148 and has a date of 25 September 2013
under 35 U.S.C. 371(c)(1), (c)(2), and (c)(4).
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of one of the joint inventors. The petition has been granted. A
notice has been sent to the last known address of the non-signing inventor.
The inventor whose signature is missing (Benjamin Aaronson) may join in the
application by promptly filing an appropriate oath or declaration complying'
with 37 CFR 1.63. The international application number is PCT/EP2011/065598
and was filed on 09 September 2011 in the name of Benjamin Aaronson for the
invention entitled "A METHOD OF DEPLOYING A CONTEXTUALLY DEPENDENT
APPLICATION". The national stage application number is 13/821,988 and has a
date of 21 October 2013 under 35 U.S.C. 371(c)(1), (c)(2), and (c)(4).
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of a national stage application
with a petition under 37 CFR 1.47 requesting acceptance of the application
without the signature of all of the inventors. The petition has been
granted. A notice has been sent to the last known address of the
non-signing inventor, Masayuki Yamamoto. The inventor whose signature is
missing may join in the application by promptly filing an appropriate oath
or declaration complying with 37 CFR 1.63. The international application
number is PCT/JP2010/066181 and was filed on 17 September 2010 in the names
of Michihiro Kiyama and Masayuki Yamamoto for the invention entitled Solid
Fuel. The national stage application is assigned number 13/822,505 and has
a 35 U.S.C. 371(c)(1), (c)(2) and (c)(4) date of 26 June 2013.
37 CFR 1.47 Notice by Publication
Notice is hereby given of the filing of an application with a petition
under 37 CFR 1.47 requesting acceptance of the application without the
signature of the inventor. The petition has been granted. A notice has been
sent to the last known address of each non-signing inventor. The inventor
whose signature is missing (Esad Jaganjac) may join in the application by
promptly filing an appropriate oath or declaration complying with 37 CFR
1.63. The international application number is PCT/IB2011/050477 and was
filed on 03 February 2011, in the name of Esad Jaganjac for the invention
entitled STATOR WITH RADIALLY MOUNTED TEETH. The national stage application
number is 13/577,230 and has a date under 35 U.S.C. §371(c)(1), (c)(2) and
(c)(4) of 18 October 2013.
Registration to Practice
The following list contains the names of persons seeking for
registration to practice before the United States Patent and Trademark
Office. Final approval for registration is subject to establishing to the
satisfaction of the Director of the Office of Enrollment and Discipline
that the person seeking registration is of good moral character and repute.
37 CFR § 11.7 Accordingly, any information tending to affect the
eligibility of any of the following persons on moral ethical or other
grounds should be furnished to the Director of Enrollment and Discipline on
or before January 17, 2014 at the following address: Mail Stop OED United
States Patent and Trademark Office P.O. Box 1450 Alexandria VA 22314
Asphahani, Fareid Aziz, Perkins Coie LLP, 11988 El Camino Real, Suite 200,
San Diego, CA 92130
Boggs, Ryan Howard, 4359 Bromfield Circle, Toledo, OH 43623
Chen, Liping, Cardinal Intellectual Property, 1603 Orrington Avenue,
Suite 2010, Evanston, IL 60201
Coulon, Laurent Marcel Francois, 10720 Palms Boulevard, Apartment 304,
Los Angeles, CA 90034
DeRosa, Anthony Paul, Myers Bigel Sibley & Sajovec, P.A., 4140 Parklake
Avenue, Suite 600, Raleigh, NC 27612
Goldemberg, Julie Sarah, 4423 Sansom Street, Apartment A, Philadelphia,
PA 19104
Goodman, Michael Ross, Compliance Insight Inc, 5850 Boymel Drive, Suite #1,
Fairfield, OH 45014
Lee, Cheolho, Morgan Lewis & Bockius LLP, 1111 Pennsylvania Avenue NW,
Washington, DC 20004
Noack, Brian Thomas, 1151 W Washington Boulevard, Unit 105, Chicago,
IL 60607
Peterson, Jonathan Gregory, 35025 Nashua Boulevard, Sorrento, FL 32776
Tio, Jacqueline, Fish & Richardson P.C., 1180 Peachtree Street NE, 21st
Floor, Atlanta, GA 30309
Vannette, Jacob Calvin, 1506 Delmont Court #1, Urbana, IL 61801
December 4, 2013 WILLIAM R. COVEY
Deputy General Counsel for Enrollment and Discipline and
Director of the Office of Enrollment and Discipline
| Changes to Implement the Hague Agreement Concerning International Registration of Industrial Designs |
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Parts 1, 3, 5 and 11
[Docket No. PTO-P-2013-0025]
RIN 0651-AC87
Changes To Implement the Hague Agreement Concerning International
Registration of Industrial Designs
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice of proposed rulemaking.
SUMMARY: Title I of the Patent Law Treaties Implementation Act of 2012
("PLTIA") amends the patent laws to implement the provisions of the
1999 Geneva Act of the Hague Agreement Concerning International
Registration of Industrial Designs ("Hague Agreement") and is to take
effect on the entry into force of the Hague Agreement with respect to
the United States. The Hague Agreement provides that an applicant is
entitled to apply for design protection in Hague Agreement member
countries and with intergovernmental organizations by filing a single,
standardized international design application in a single language. The
United States Patent and Trademark Office (USPTO or Office) proposes
changes to the rules of practice to implement title I of the PLTIA.
DATES: Comment Deadline Date: Written comments must be received on or
before January 28, 2014.
ADDRESSES: Comments should be sent by electronic mail message over the
Internet addressed to: AC87.comments@uspto.gov. Comments may also be
submitted by postal mail addressed to: Mail Stop Comments - Patents,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA, 22313-1450,
marked to the attention of Boris Milef, Senior PCT Legal Examiner,
Office of PCT Legal Administration.
Comments may also be sent by electronic mail message over the
Internet via the Federal eRulemaking Portal. See the Federal
eRulemaking Portal Web site (http://www.regulations.gov) for additional
instructions on providing comments via the Federal eRulemaking Portal.
Although comments may be submitted by postal mail, the Office
prefers to receive comments by electronic mail message over the
Internet because the Office may easily share such comments with the
public. Electronic comments are preferred to be submitted in plain
text, but also may be submitted in ADOBE® portable document
format or MICROSOFT WORD® format. Comments not submitted
electronically should be submitted on paper in a format that
facilitates convenient digital scanning into ADOBE® portable
document format.
The comments will be available for public inspection at the Office
of the Commissioner for Patents, currently located in Madison East,
Tenth Floor, 600 Dulany Street, Alexandria, Virginia. Comments also
will be available for viewing via the Office's Internet Web site
(http://www.uspto.gov) and at http://www.regulations.gov. Because
comments will be made available for public inspection, information that
the submitter does not desire to make public, such as an address or
phone number, should not be included in the comments.
FOR FURTHER INFORMATION CONTACT: Boris Milef, Senior PCT Legal Examiner,
Office of PCT Legal Administration, at (571) 272-3288.
SUPPLEMENTARY INFORMATION:
Executive Summary: Purpose: The Hague Agreement provides that an
applicant is entitled to apply for design protection in all member
countries and with intergovernmental organizations by filing a single,
standardized international design application in a single language.
Title I of the PLTIA amends Title 35 to implement the provisions of the
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Hague Agreement and is to take effect on the entry into force of the
Hague Agreement with respect to the United States. This notice proposes
changes to the relevant rules of practice in Title 37, Chapter I of the
Code of Federal Regulations to implement title I of the PLTIA.
Summary of Major Changes to U.S. Practice: The major changes to
U.S. practice in title I of the PLTIA pertain to: (1) Standardizing
formal requirements for international design applications; (2)
establishing the USPTO as an office through which international design
applications may be filed; (3) providing a right of priority with
respect to international design applications; (4) treating an
international design application that designates the United States as
having the same effect from its filing date as that of a national
design application; (5) providing provisional rights for published
international design applications that designate the United States; (6)
setting the patent term for design patents issuing from both national
design applications under chapter 16 and international design
applications designating the United States to 15 years from the date of
patent grant; (7) providing for examination by the Office of
international design applications that designate the United States; and
(8) permitting an applicant's failure to act within prescribed time
limits in an international design application to be excused as to the
United States under certain conditions.
The Office is specifically proposing to revise the rules of
practice (37 CFR parts 1, 3, 5, and 11) to provide for the filing of
international design applications by U.S. applicants in the USPTO as an
office of indirect filing. The Office would transmit the international
design application and any collected international fees to the
International Bureau of the World Intellectual Property Organization
("WIPO"), subject to national security review and payment of a
transmittal fee. The International Bureau would review the application
for compliance with the applicable formal requirements under the Hague
Agreement.
The Office also proposes to revise the rules of practice to set
forth the formal requirements of an international design application,
including specific content requirements where the United States is
designated. Specifically, an international design application
designating the United States would have to identify the inventor and
include a claim and the inventor's oath or declaration. The proposed
rules also specify that an international design application designating
the United States may be refused by the Office as a designated office
if the applicant is not a person qualified under 35 U.S.C. chapter 11
to be an applicant.
The Office also proposes to revise the rules of practice to provide
for examination of international design applications that designate the
United States. International design applications are reviewed by the
International Bureau for compliance with formal requirements under the
Hague Agreement. Where these requirements have been met, the
International Bureau would register the industrial design in the
International Register and, subsequently, publish the international
registration and send a copy of the publication to each designated
office. Since international registration would only occur after the
International Bureau finds that the application conforms to the
applicable formal requirements, examination before the Office would
generally be limited to substantive matters. With certain exceptions,
the Hague Agreement imposes a time period of up to 12 months from the
date of publication of the international registration for an examining
office to refuse an international design application. The rules are
proposed to be revised to provide for the applicability of the
requirements of 35 U.S.C. chapter 16 to examination of international
design applications consistent with the Hague Agreement, and to provide
for the various notifications to the International Bureau required of an
examining office under the Hague Agreement.
The Office is also proposing to revise the rules of practice to
provide for: (1) Review of a filing date established by the
International Bureau; (2) excusing an applicant's failure to act within
prescribed time limits in connection with an international design
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application; (3) priority claims with respect to international design
applications; (4) payment of fees; and (5) treatment of international
design applications for national security review.
Costs and Benefits: This rulemaking is not economically significant
under Executive Order 12866 (Sept. 30, 1993).
Background: The 1999 Geneva Act of the Hague Agreement Concerning
the International Registration of Industrial Designs ("Hague
Agreement"), negotiated under the auspices of WIPO, is the latest
revision to the 1925 Hague Agreement Concerning the International
Deposit of Industrial Designs ("1925 Agreement"). The United States
is not a party to the 1925 Agreement, and did not join any of the
subsequent Acts revising the 1925 Agreement, because those agreements
either did not provide, or did not adequately provide, for substantive
examination of international design applications by national offices.
The Hague Agreement, adopted at a diplomatic conference on July 2,
1999, is the first Act that adequately provides for a system of
individual review by the national offices of Contracting Parties.
In accordance with Article 28, the Hague Agreement will enter into
force for the United States three months after the date that the United
States deposits its instrument of ratification with the Director
General of the International Bureau of WIPO or at any later date
indicated in the instrument. As stated in the President's November 13,
2006, Letter of Transmittal to the Senate, the United States would not
deposit its instrument of ratification until the necessary implementing
legal structure has been established domestically. Treaty Doc. 109-21.
Title I of the PLTIA, enacted on December 18, 2012, amended title 35
United States Code, in order to implement the Hague Agreement. See
Public Law 112-211, §§ 101-103, 126 Stat. 1527, 1527-33 (2012).
Its provisions are to take effect on the entry into force of the Hague
Agreement with respect to the United States. These proposed rules
implement title I of the PLTIA.
The main purpose of the Hague Agreement is to facilitate protection
for industrial designs by allowing applicants to apply for protection
in those countries and intergovernmental organizations that are
Contracting Parties to the Hague Agreement by filing a single
standardized application in a single language. Currently, a U.S. design
applicant seeking global protection generally has to file separate
design applications in each country or intergovernmental organization
for which protection is sought, complying with the formal requirements
imposed by each country or intergovernmental organization. The Hague
Agreement simplifies the application process and reduces the costs for
applicants seeking to obtain rights globally. The Hague Agreement also
provides for centralized international registration of designs and
renewal of registrations. The Hague Agreement imposes a time limit on a
Contracting Party to refuse the effects of international registration
in that Contracting Party if the conditions for the grant of protection
under the law of that Contracting Party are not met.
Major provisions of the Hague Agreement as implemented by title I
of the PLTIA include the following:
Article 3 of the Hague Agreement provides that "[a]ny person that
is a national of a State that is a Contracting Party or of a State
member of an intergovernmental organization that is a Contracting
Party, or that has a domicile, a habitual residence or a real and
effective industrial or commercial establishment in the territory of a
Contracting Party, shall be entitled to file an international
application." Article 4(1)(a) provides that "[t]he international
application may be filed, at the option of the applicant, either
directly with the International Bureau or through the Office of the
applicant's Contracting Party." Article 4(2) allows "[t]he Office of
any Contracting Party [to] require that the applicant pay a transmittal
fee to it, for its own benefit, in respect of any international
application filed through it."
Section 101(a) of the PLTIA adds 35 U.S.C. 382 to implement the
provisions of Articles 3 and 4. 126 Stat. at 1528. Section 382(a)
provides that "[a]ny person who is a national of the United States, or
has a domicile, a habitual residence, or a real and effective
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industrial or commercial establishment in the United States, may file
an international design application by submitting to the United States
Patent and Trademark Office an application in such form, together with
such fees, as may be prescribed by the Director." Id. Section 382(b)
requires the Office to "perform all acts connected with the discharge
of its duties under the [Hague Agreement], including the collection of
international fees and the transmittal thereof to the International
Bureau." Id. Transmittal of the international design application would
be subject to 35 U.S.C. chapter 17 and payment of a transmittal fee.
Id.
Article 5 of the Hague Agreement and Rule 7 of the "Common
Regulations under the 1999 Act and the 1960 Act of the Hague
Agreement" ("Hague Agreement Regulations" or "Regulations")
concern the contents of an international design application. Article
5(1) requires the international design application to be in one of the
prescribed languages and specifies the contents required for all
international design applications. Specifically, it provides that the
application "shall contain or be accompanied by (i) a request for
international registration under [the Hague Agreement]; (ii) the
prescribed data concerning the applicant; (iii) the prescribed number
of copies of a reproduction or, at the choice of the applicant, of
several different reproductions of the industrial design that is the
subject of the international application, presented in the prescribed
manner; however, where the industrial design is two-dimensional and a
request for deferment of publication is made in accordance with
[Article 5(5)], the international application may, instead of
containing reproductions, be accompanied by the prescribed number of
specimens of the industrial design; (iv) an indication of the product
or products which constitute the industrial design or in relation to
which the industrial design is to be used, as prescribed; (v) an
indication of the designated Contracting Parties; (vi) the prescribed
fees; and (vii) any other prescribed particulars."
Article 5(2) of the Hague Agreement and Rule 11 of the Hague
Agreement Regulations set forth additional mandatory contents that may
be required by any Contracting Party whose Office is an Examining
Office and whose law, at the time it becomes party to the Hague
Agreement, so requires. Specifically, Article 5(2) provides that "an
application for the grant of protection to an industrial design [may],
in order for that application to be accorded a filing date under that
law" be required to contain, any of the following elements: "(i)
indications concerning the identity of the creator of the industrial
design that is the subject of that application; (ii) abrief description
of the reproduction or of the characteristic features of the industrial
design that is the subject of that application; and (iii) a claim."
Section 101(a) of the PLTIA adds 35 U.S.C. 383 to provide that,
"[i]n addition to any requirements pursuant to chapter 16, the
international design application shall contain - (1) a request for
international registration under the treaty; (2) an indication of the
designated Contracting Parties; (3) data concerning the applicant as
prescribed in the treaty and the Regulations; (4) copies of a
reproduction or, at the choice of the applicant, of several different
reproductions of the industrial design that is the subject of the
international design application, presented in the number and manner
prescribed in the treaty and the Regulations; (5) an indication of the
product or products that constitute the industrial design or in
relation to which the industrial design is to be used, as prescribed in
the treaty and the Regulations; (6) the fees prescribed in the treaty
and the Regulations; and (7) any other particulars prescribed in the
Regulations." 126 Stat. at 1529-30.
Article 6 of the Hague Agreement provides a right of priority with
respect to international design applications. Article 6(1) provides
that "[t]he international design application may contain a declaration
claiming, under Article 4 of the Paris Convention, the priority of one
or more earlier applications filed in or for any country party to that
Convention or any Member of the World Trade Organization." Article
6(2) provides that "[t]he international design application shall, as
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from its filing date and whatever may be its subsequent fate, be
equivalent to a regular filing within the meaning of Article 4 of the
Paris Convention."
Section 101(a) of the PLTIA adds 35 U.S.C. 386 to provide for a
right of priority with respect to international design applications.
Section 386(a) provides that "[i]n accordance with the conditions and
requirements of subsections (a) through (d) of section 119 and section
172, a national application shall be entitled to the right of priority
based on a prior international design application that designated at
least 1 country other than the United States." 126 Stat. at 1529.
Section 386(b) provides that "[i]n accordance with the conditions and
requirements of subsections (a) through (d) of section 119 and section
172 and the treaty and the Regulations, an international design
application designating the United States shall be entitled to the
right of priority based on a prior foreign application, a prior
international application as defined in section 351(c) designating at
least 1 country other than the United States, or a prior international
design application designating at least 1 country other than the United
States." Id. Section 386(c) provides for domestic benefit claims with
respect to international design applications designating the United
States in accordance with the conditions and requirements of 35 U.S.C.
120. 126 Stat. at 1529-30.
Article 7 of the Hague Agreement and Rule 12 of the Hague Agreement
Regulations provide for designation fees. Under Article 7(2) and Rule
12(3), the designation fee may be an "individual designation fee."
Article 7(2) provides that for any Contracting Party whose Office is an
Examining Office, the "amount may be fixed by the said Contracting
Party . . . for the maximum period of protection allowed by the
Contracting Party concerned." Rule 12(3) provides that the individual
designation fee may "comprise two parts: The first part to be paid at
the time of filing the international design application, and the second
part to be paid at a later date which is determined in accordance with
the law of the Contracting Party concerned." Rule 12(1) lists other
fees concerning the international design application, including the
basic fee and publication fee.
Article 8(1) of the Hague Agreement and Rule 14 of the Hague
Agreement Regulations provide that the International Bureau will
examine the international design application for compliance with the
requirements of the Hague Agreement and Regulations and invite the
applicant to make any required correction within a prescribed time
limit. Under Article 8(2), the failure to timely comply with the
invitation will result in abandonment of the application, except where
the irregularity concerns a requirement under Article 5(2) or a special
requirement under the Regulations, in which case the failure to timely
correct will result in the application being deemed not to contain the
designation of the Contracting Party concerned.
Article 9 of the Hague Agreement establishes the filing date of an
international design application. Article 9(1) provides that "[w]here
the international application is filed directly with the International
Bureau, the filing date shall, subject to [Article 9(3)], be the date
on which the International Bureau receives the international
application." Article 9(2) provides that "[w]here the international
application is filed through the Office of the applicant's Contracting
Party, the filing date shall be determined as prescribed." The filing
date of an international application filed with an office of indirect
filing is prescribed in Rule 13(3) of the Regulations.
Article 9(3) provides that "[w]here the international application
has, on the date on which it is received by the International Bureau,
an irregularity which is prescribed as an irregularity entailing a
postponement of the filing date of the international application, the
filing date shall be the date on which the correction of such
irregularity is received by the International Bureau." Rule 14(1) sets
forth the time limit in which the applicant is required to correct such
irregularities, and Rule 14(2) sets forth the irregularities entailing
postponement of the filing date of the international design
application.
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The PLTIA adds 35 U.S.C. 384, which provides in subsection (a) that
the filing date of an international design application in the United
States shall be the "effective registration date" subject to review
under subsection (b). 126 Stat. at 1529. The term "effective
registration date" is defined in § 381(a)(5), added by the PLTIA,
as "the date of international registration determined by the
International Bureau under the treaty." 126 Stat. at 1528. Section
384(b) provides that "[a]n applicant may request review by the
Director of the filing date of the international design application in
the United States," and that "[t]he Director may determine that the
filing date of the international design application in the United
States is a date other than the effective registration date." 126
Stat. at 1529. It also authorizes the Director to "establish
procedures, including the payment of a surcharge, to review the filing
date under this section." Id. Section 384(a) also provides that "any
international design application designating the United States that
otherwise meets the requirements of chapter 16 may be treated as a
design application under chapter 16." Id.
Article 10(1) of the Hague Agreement provides that "[t]he
International Bureau shall register each industrial design that is the
subject of an international application immediately upon receipt by it
of the international application or, where corrections are invited
under Article 8, immediately upon receipt of the required
corrections." Article 10(2) provides that "[s]ubject to subparagraph
(b), the date of the international registration shall be the filing
date of the international application." Article 10(2)(b) provides that
"[w]here the international application has, on the date on which it
is received by the International Bureau, an irregularity that relates
to Article 5(2), the date of the international registration shall be
the date on which the correction of such irregularity is received by
the International Bureau or the filing date of the international
application, whichever is the later." Under Rule 15(2) of the
Regulations, "the international registration shall contain (i) all the
data contained in the international application . . .; (ii) any
reproduction of the industrial design; (iii) the date of the
international registration; (iv) the number of the international
registration; [and] (v) the relevant class of the International
Classification, as determined by the International Bureau."
Article 10(3)(a) of the Hague Agreement provides that "[t]he
international registration shall be published by the International
Bureau." Under Article 10(3)(b), "[t]he International Bureau shall
send a copy of the publication of the international registration to
each designated Office."
Section 101(a) of the PLTIA adds 35 U.S.C. 390 to provide that
"[t]he publication under the treaty of an international design
application designating the United States shall be deemed a publication
under [35 U.S.C.] 122(b)." 126 Stat. at 1531.
Article 10(4) of the Hague Agreement provides that the
International Bureau shall, subject to Articles 10(5) and 11(4)(b),
keep each international application and international registration
confidential until publication. Under Article 10(5)(a), "[t]he
International Bureau shall, immediately after registration has been
effected, send a copy of the international registration, along with any
relevant statement, document or specimen accompanying the international
application, to each Office that has notified the International Bureau
that it wishes to receive such a copy and has been designated in the
international application."
Article 11 of the Hague Agreement provides for deferment of
publication under certain conditions. Article 11(3) prescribes the
procedure where a request for deferment is filed in an international
design application designating a Contracting Party that has made a
declaration under Article 11(1)(b) stating that deferment is not
possible under its law.
Article 12(1) of the Hague Agreement provides that "[t]he Office
of any designated Contracting Party may, where the conditions for the
grant of protection under the law of that Contracting Party are not met
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in respect of any or all of the industrial designs that are the subject
of an international registration, refuse the effects, in part or in
whole, of the international registration. . . ." Article 12(1) further
provides that "no Office may refuse the effects, in part or in whole,
of any international registration on the ground that requirements
relating to the form or contents of the international application that
are provided for in [the Hague Agreement] or the Regulations or are
additional to, or different from, those requirements have not been
satisfied under the law of the Contracting Party concerned." Article
12(2) provides that the refusal of the effects of an international
registration shall be communicated to the International Bureau within
the prescribed period and shall state the grounds on which the refusal
is based. Under Rule 18(1) of the Hague Agreement Regulations, the
prescribed period for sending the notification of refusal is six months
from publication, or twelve months from publication where an office
makes a declaration under Rule 18(1)(b). The declaration under Rule
18(1)(b) may state that the international registration shall produce
the effects under Article 14(2)(a) at the latest "at a time specified
in the declaration which may be later than the date referred to in that
Article but which shall not be more than six months after the said
date" or "at a time at which protection is granted according to the
law of the Contracting Party where a decision regarding the grant of
protection was unintentionally not communicated within the period
applicable under [Rule 18(1)(a) or (b)]." See Rule 18(1)(c).
Rule 18(2) provides that the notification of refusal "shall
contain or indicate (i) the Office making the notification, (ii) the
number of the international registration, (iii) all the grounds on
which the refusal is based . . ., (iv) where the refusal . . . is based
[on] an earlier national, regional or international application or
registration, the filing date and number, the priority date (if any),
the registration date and number (if available), a copy of a
reproduction of the earlier industrial design (if . . . accessible to
the public) and the name and address of the owner . . ., (v) where the
refusal does not relate to all the industrial designs that are the
subject of the international registration, those to which it relates or
does not relate, (vi) whether the refusal may be subject to review or
appeal . . ., and (vii) the date on which the refusal was pronounced."
Article 12(3) of the Hague Agreement provides that "[t]he
International Bureau shall, without delay, transmit a copy of the
notification of refusal to the holder," and that "[t]he holder shall
enjoy the same remedies as . . . if the international registration had
been the subject of an application for a grant of protection under the
law applicable to the Office that communicated the refusal." Under
Article 12(4), "[a]ny refusal may be withdrawn, in part or in whole,
at any time."
Article 13 of the Hague Agreement permits a Contracting Party to
notify the Director General in a declaration, where the Contracting
Party's "law, at the time it becomes party to this Act, requires that
designs [in the] application conform to a requirement of unity of
design, unity of production or unity of use, . . . or that only one
independent and distinct design may be claimed in a single
application."
Under Article 14(1) of the Hague Agreement, "[t]he international
registration shall, from the date of the international registration,
have at least the same effect in each designated Contracting Party as a
regularly filed application for the grant of protection of the
industrial design under the law of that Contracting Party."
Section 101(a) of the PLTIA adds 35 U.S.C. 385 to provide that
"[a]n international design application designating the United States
shall have the effect, for all purposes, from its filing date . . . of
an application for patent filed in the Patent and Trademark Office
pursuant chapter 16 [of Title 35 of the United States Code]." 126
Stat. at 1529. The PLTIA also amends 35 U.S.C. 154 to provide for
provisional rights in international design applications that designate
the United States. 126 Stat. at 1531-32.
Article 14(2) of the Hague Agreement provides that "[i]n each
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designated Contracting Party the Office of which has not communicated a
refusal in accordance with Article 12, the international registration
shall have the same effect as a grant of [design protection] under the
law of that Contracting Party at the latest from the date of expiration
of the period allowed for it to communicate a refusal or, where a
Contracting Party has made a corresponding declaration under the
Regulations, at the latest at the time specified in that declaration."
Article 14(2)(b) provides that "[w]here the Office of a designated
Contracting Party has communicated a refusal and has subsequently
withdrawn, in part or in whole, that refusal, the international
registration shall, to the extent that the refusal is withdrawn, have
the same effect in that Contracting Party as a grant of [design
protection] under the law of said Contracting Party from the date on
which the refusal was withdrawn." Rule 18(4) of the Hague Agreement
Regulations sets forth the required contents of a notification of
withdrawal of refusal. Alternatively, under Rule 18 bis(2), the office
of a Contracting Party may send the International Bureau a statement of
grant of protection in lieu of a notification of withdrawal of refusal.
Article 16 of the Hague Agreement and Rule 21 of the Hague
Agreement Regulations provide for the recording of certain changes in
the International Register by the International Bureau, such as changes
in ownership or the name or address of the holder. Under Article 16(2),
any such recording at the International Bureau "shall have the same
effect as if it had been made in the Register of the Office of each of
the Contracting Parties concerned, except that a Contracting Party may,
in a declaration, notify the Director General that a recording [of a
change in ownership] shall not have that effect in that Contracting
Party until the Office of that Contracting Party has received the
statements or documents specified in that declaration."
Under Article 17 of the Hague Agreement, an "international design
registration shall be effected for an initial term of five years
counted from the date of international registration" and "may be
renewed for additional terms of five years in accordance with the
prescribed procedure and subject to payment of the prescribed fees."
The initial term of protection and additional terms may be replaced by
a maximum period of protection allowed by a Contracting Party. See
Article 7(2). The PLTIA amends 35 U.S.C. 173 to set the term of a
design patent to 15 years from date of grant. 126 Stat. at 1532.
The PLTIA adds 35 U.S.C. 387 to allow the Director to establish
procedures, including a requirement for payment of the fee specified in
35 U.S.C. 41(a)(7), to excuse as to the United States "[a]n
applicant's failure to act within prescribed time limits in connection
with requirements pertaining to an international design application"
upon a showing of unintentional delay. 126 Stat. at 1530.
Hague Agreement Rule 8, as recently amended by the Hague Union
Assembly and to enter into force as of January 1, 2014 (see WIPO
Assembly Draft Report, H/A/32/3 Prov. (October 2, 2013), available at
http://www.wipo.int/meetings/en/details.jsp?meeting_id=29895) provides
for special requirements concerning the applicant and the creator.
Under Rule 8(1)(a)(ii), "[w]here the law of a Contracting Party bound
by the 1999 Act requires the furnishing of an oath or declaration of
the creator, that Contracting Party may, in a declaration, notify the
Director General of that fact." Rule 8(1)(b) provides that the
declarations referred in Rule 8(1)(a)(i) and (a)(ii) shall specify the
form and mandatory contents of any required statement, document, oath
or declaration. Rule 8(3) provides that "[w]here an international
application contains the designation of a Contracting Party that has
made the declaration referred to in paragraph (1)(a)(ii) it shall also
contain indications concerning the identity of the creator of the
industrial design." See discussion of § 1.1021(d).
Relevant documents, including the implementing legislation (title I
of the PLTIA), Senate Committee Reports, and the Transmittal Letter,
are available on the Web site at
http://www.uspto.gov/patents/int_protect/index.jsp. This Web site also
contains a link to WIPO's Web site, which makes available relevant treaty
documents, at http://www.wipo.int/hague/en/legal_texts/.
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Discussion of Specific Rules
The following is a discussion of proposed amendments to Title 37 of
the Code of Federal Regulations, Parts 1, 3, 5 and 11.
Rules referencing priority or benefit under 35 U.S.C. 119, 120,
121, or 365: The Office proposes to reference 35 U.S.C. 386(a) and (b)
where the current rules contain a reference to priority under 35 U.S.C.
119(a)-(d) or 365(a) or (b); and to reference 35 U.S.C. 386(c) where
the current rules contain a reference to benefit under 35 U.S.C. 120,
121, or 365(c). Section 101(a) of the PLTIA adds 35 U.S.C. 386 to
provide for a right of priority with respect to international design
applications. 126 Stat. at 1529-30. The proposed references are
required to account for the right of priority established under 35
U.S.C. 386.
Section 1.4: Section 1.4(a)(2) is proposed to be amended to include
a reference to the proposed rules relating to international design
applications in subpart I.
Section 1.5: Section 1.5(a) is proposed to be amended to provide
that the international registration number may be used on
correspondence directed to the Office to identify an international
design application. The international registration number is the number
assigned by the International Bureau upon registration of the
international design in the International Register. See Rule 15 of the
Regulations.
Section 1.6: Section 1.6(d)(3) is proposed to be amended to include
the filing of an international design application among the
correspondence for which facsimile transmission is not permitted, and
if submitted, will not be accorded a receipt date. This is consistent
with the treatment of the filing of national patent applications and
international applications under the Patent Cooperation Treaty
("PCT").
Section 1.6(d)(4) is proposed to be amended to prohibit the filing
of color drawings by facsimile in an international design application.
This is consistent with the treatment of color drawings in national
applications and international applications under the PCT.
Section 1.6(d)(6) is proposed to be amended to change "a patent
application" to "an application" to clearly prohibit the submission
of correspondence by facsimile in an international design application
that is subject to a secrecy order under §§ 5.1 through 5.5.
Section 1.8: Section 1.8(a)(2)(i) is proposed to be amended to add
a new paragraph (K) to include the filing of an international design
application among the correspondence that will not receive benefit from
a Certificate of Mailing or Transmission. See discussion of
§ 1.6(d)(3), supra.
Section 1.9: Sections 1.9(a)(1) and 1.9(a)(3) are proposed to be
amended to include in the definitions of "national application" and
"nonprovisional application," respectively, an international design
application filed under the Hague Agreement for which the Office has
received a copy of the international registration pursuant to Hague
Agreement Article 10. Pursuant to 35 U.S.C. 385, added by section
101(a) of the PLTIA, an international design application that
designates the United States has the effect from its filing date of an
application for patent filed in the United States Patent and Trademark
Office pursuant to 35 U.S.C. chapter 16. 126 Stat. at 1529. The filing
date of an international design application is, subject to review, the
international registration date. See discussion of § 1.1023, infra.
Under Article 10, the International Bureau will send a copy of the
international registration to each designated office after publication
(Article 10(3)) or, upon notification by the Contracting Party,
immediately after international registration (Article 10(5)).
Consequently, the Office will receive a copy of the international
registration pursuant to Article 10 only if the United States has been
designated.
Sections 1.9(l) and 1.9(m) are proposed to be added to define
"Hague Agreement," "Hague Agreement Article," "Hague Agreement
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Regulations," and "Hague Agreement Rule" as used in chapter I of Title
37 of the Code of Federal Regulations ("CFR").
Section 1.9(n) is proposed to be added to define "international
design application" as used in chapter I of Title 37 of the CFR.
Section 1.9(n) further provides that unless otherwise clear from the
wording, reference to "design application" or "application for a
design patent" in chapter I of the CFR includes an international
design application that designates the United States.
Section 1.14: Section 1.14(a)(1) is proposed to be amended to add a
reference to added paragraph (j) concerning international design
applications.
Section 1.14(a)(1)(ii) is proposed to be amended to replace the
reference to "abandoned application that has been published as a
patent application publication" with a reference to "abandoned
published application." This change is consistent with the language of
§ 1.11(a) to which § 1.14(a)(1)(ii) refers. In addition, the
term "published application" is defined in § 1.9(c) as "an
application for patent which has been published under 35 U.S.C.
122(b)." Pursuant to 35 U.S.C. 374 and 35 U.S.C. 390, international
applications and international design applications that designate the
United States and are published under the respective treaty, "shall be
deemed a publication under section 122(b)." Accordingly, a published
application for purposes of § 1.14 will include a publication by
the International Bureau of either an international application under
the PCT or an international design application under the Hague
Agreement that designates the United States. Access to such published
applications is permitted under PCT Article 30 and Hague Agreement
Article 10. In contrast, the term "patent application publication"
refers to a publication by the Office under § 1.215. The Office
does not intend to publish international design applications (see
§ 1.211), as international design applications are published by the
International Bureau under the Hague Agreement in English. See Hague
Agreement Article 10(3) and Rule 6(2). See also 35 U.S.C. 390, added by
the PLTIA, deeming a publication under the Hague Agreement as a
publication under 35 U.S.C. 122(b). 126 Stat. at 1531. In addition, the
Office does not publish applications for design patents under 35 U.S.C.
chapter 16. See § 1.211(b).
Sections 1.14(a)(1)(iv)-(vi) are proposed to be amended to include
a publication of an international registration under Hague Agreement
Article 10(3) among the publications for which access to an unpublished
application may be obtained. Section 1.14(a)(1)(iv) is proposed to be
amended to permit access to the file contents of an unpublished
abandoned application where the application is identified in the
publication of an international registration under Hague Agreement
Article 10(3), or where benefit of the application is claimed under 35
U.S.C. 119(e), 120, 121, 365(c), or 386(c) in an application that has
issued as a U.S. patent, or has published as a statutory invention
registration, a U.S. patent application publication, an international
publication of an international application under PCT Article 21(2), or
a publication of an international registration under Hague Agreement
Article 10(3). Section 1.14(a)(1)(v) is proposed to be amended to
permit access to the file contents of an unpublished pending
application where benefit of the application is claimed under 35 U.S.C.
119(e), 120, 121, 365(c), or 386(c) in an application that has issued
as a U.S. patent, or has published as a statutory invention
registration, a U.S. patent application publication, an international
publication under PCT Article 21(2), or a publication of an
international registration under Hague Agreement Article 10(3). Section
1.14(a)(1)(vi) is proposed to be amended to permit access to a copy of
the application as originally filed of an unpublished pending
application if the application is incorporated by reference or
otherwise identified in a U.S. patent, a statutory invention
registration, a U.S. patent application publication, an international
publication under PCT Article 21(2), or a publication of an
international registration under Hague Agreement Article 10(3).
Section 1.14(a)(1)(vii) is proposed to be amended consistent with
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amendments to § 1.14(a)(1)(iv)-(vi).
Section 1.14(j) is proposed to be added to set forth the conditions
under which the records of an international design application
maintained by the Office will be made available to the public.
Section 1.14(j)(1) provides that with respect to an international
design application maintained by the Office in its capacity as a
designated office for national processing, the records associated with
the international design application may be made available as provided
under § 1.14(a)-(i). Under Hague Agreement Article 10(5), the
Office is to keep international design registrations confidential until
publication of the international registration by the International
Bureau. This provision does not alter the Office's long-standing
practice to make application files available to the public to satisfy
the Constitutionally mandated quid pro quo requiring public disclosure
of patented inventions. See United States ex rel. Pollok v. Hall, 1889
Dec. Comm'r Pat. 582, 48 O.G. 1263 (DC 1988) (recognizing that the
rights of exclusivity and confidentiality stem from Article I, Section
8, clause 8, of the Constitution in holding that the Office must make
available to the public an abandoned application specifically
referenced in a patent); P.J. Federico, Commentary on the New Patent
Act, reprinted in 75 J. Pat. & Trademark Off. Soc'y 161, 196-197 (1993)
(as background discussion to the addition of section 122 to the 1952
Patent Act, noting that for nearly 100 years the Office has had
regulations requiring that applications be maintained confidential
while recognizing public accessibility when an abandoned application is
referenced in later issued patent); see also Metropolitan West Side
Elevated Railroad Company et al. v. Siemans, 1898 Dec. Comm'r Pat. 220,
222 85 O.G. 290 (Comm'r Pat. 1898); In re Reed Mfg. Co., 1900 Dec.
Comm'r Pat. 140, 92 O.G. 2001 (Comm'r Pat. 1900); Ex parte Lewis and
Unger, 1903 Dec. Comm'r Pat. 303, 106 O.G. 543 (Comm'r Pat. 1903); In
re Doman, 1905 Dec. Comm'r Pat. 101, 115 O.G. 804 (Comm'r Pat. 1905).
As a designated office, the Office will establish a file for national
processing upon receipt of the published international registration
from the International Bureau. In such cases, the records of the
application file will be available pursuant to § 1.14(a)(ii)-(iii).
The provisions of § 1.14(j)(1) provide for access to such
international design applications maintained by the Office for national
processing, thus treating international design applications the same as
regular national applications.
Section 1.14(j)(2) provides that with respect to an international
design application maintained by the Office in its capacity as an
office of indirect filing (§ 1.1002), the records of the
international design application may be available under
§ 1.14(j)(1) when they are contained in the file of the international
design application maintained by the Office for national processing.
Also, if benefit of the international design application is claimed
under 35 U.S.C. 386(c) in a U.S. patent or published application, the
file contents may be made available to the public, or a copy of the
application-as-filed, the file contents of the application, or a
specific document in the file of the application may be provided to any
person upon written request, and payment of the appropriate fee
(§ 1.19(b)). The Office plans to use the application file maintained by
the Office as an office of indirect filing as the file for national
processing as a designated office. Consequently, the records maintained
by the Office as an office of indirect filing may be available where the
records are part of the file maintained by the Office as a designated
office and are available pursuant to § 1.14(j)(1). The records maintained
by the Office as an office of the indirect filing may also be available
where benefit to the international design application is claimed under
35 U.S.C. 386(c) in a U.S. patent or published application. Under the
provisions of 35 U.S.C. 386(c) and 35 U.S.C. 388, applicants may claim
benefit to an international design application that designates the United
States provided the application claiming benefit of the international
design application is filed before the date of withdrawal, renunciation,
cancellation, or abandonment of the international application, either
generally or as to the United States.
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Section 1.16: Sections 1.16(b), (l) and (p) are proposed to be
amended to clarify that the design application fees specified therein
are applicable to design applications filed under 35 U.S.C. 111. The
other provisions of section 1.16 are not proposed to change.
Section 1.17: Section 1.17(f) is proposed to be amended to specify
the fee for filing a petition under § 1.1023 to review the filing
date of an international design application in the United States.
Section 101(a) of the PLTIA adds 35 U.S.C. 384, which provides that the
filing date of an international application in the United States is the
effective registration date (35 U.S.C. 384(a)), and authorizes the
Director to establish procedures, including the payment of a surcharge,
to review the filing date, which may result in a determination that the
application has a filing date in the United States other than the
effective registration date (35 U.S.C. 384(b)). 126 Stat. at 1529. The
review procedure authorized under 35 U.S.C. 384(b) is set forth in
proposed § 1.1023, discussed infra, which requires, inter alia, the
fee set forth in § 1.17(f). Under 35 U.S.C. 389(b), added by the
PLTIA, all questions of procedures regarding an international design
application designating the United States, unless required by the Hague
Agreement and regulations thereunder, shall be determined as in the
case of applications filed under 35 U.S.C. chapter 16. 126 Stat. at
1530. Accordingly, pursuant to the authority under 35 U.S.C. 389(b),
the fee for filing a petition to review the filing date of an
international design application under § 1.1023 is the same as the
fee for filing a petition to accord a filing date in a national
application (see §§ 1.53(e) and 1.57(a)).
Section 1.17(u) is proposed to be added to set forth the fee for
filing a petition to excuse an applicant's failure to act within
prescribed time limits in an international design application. Section
101(a) of the PLTIA adds 35 U.S.C. 387 to provide that an applicant's
failure to act within prescribed time limits in connection with
requirements pertaining to an international design application may be
excused as to the United States upon a showing satisfactory to the
Director of unintentional delay and under such conditions, including a
requirement for payment of the fee specified in 35 U.S.C. 41(a)(7), as
may be prescribed by the Director. 126 Stat. at 1530. The conditions
for excusing an applicant's failure to act within the prescribed time
limits in an international design application are set forth in proposed
§ 1.1051, discussed infra. These requirements include, inter alia,
the requirement to pay the fee set forth in § 1.17(u). The fee set
forth in § 1.17(u) does not include a micro entity amount as this
fee is set under 35 U.S.C. 41(a)(7) as amended by section 202(b)(1)(A)
of the PLTIA, and not section 10(a) of the AIA. Section 10(b) of the
AIA provides that the micro entity discount applies to fees set under
section 10(a) of the AIA. See Pub. L. 112-29, 125 Stat. 284, 316-17
(2011). The Office will consider including a micro entity amount in
§ 1.17(u) in the event that patent fees are again set or adjusted
under section 10(a) of the AIA.
Section 1.17(v) is proposed to be added to specify the fee for
filing a petition under § 1.1052 to convert an international design
application to a design application under 35 U.S.C. chapter 16. See
discussion of § 1.1052, infra. The petition fee is not being set
pursuant to section 10(a) of the AIA. Rather, the Office is setting
this fee in this rulemaking pursuant to its authority under 35 U.S.C.
41(d)(2), which provides that fees for all processing, services, or
materials relating to patents not specified in 35 U.S.C. 41 are to be
set at amounts to recover the estimated average cost to the Office of
such processing, services, or materials.
The Office uses an Activity Based Information ("ABI") methodology
to determine the estimated average costs (or expense) on a per process,
service, or material basis including the particular processes and
services addressed in this rulemaking. The ABI analysis includes
compiling the Office costs for a specified activity, including the
direct-expense (e.g., direct personnel compensation, contract services,
maintenance and repairs, communications, utilities, equipment,
supplies, materials, training, rent and program-related information
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technology ("IT") automation), an appropriate allocation of allocated
direct expense (e.g., rent, program-related automation, and personnel
compensation benefits such as medical insurance and retirement), and an
appropriate allocation of allocated indirect expense (e.g., general
financial and human resource management, nonprogram specific IT
automation, and general Office expenses). The direct expense for an
activity plus its allocated direct expense and allocated indirect
expense is the "fully burdened" expense for that activity. The
"fully burdened" expense for an activity is then divided by
production measures (number of that activity completed) to arrive at
the fully burdened per-unit cost for that activity. The cost for a
particular process is then determined by ascertaining which activities
occur for the process, and how often each such activity occurs for the
process. The ABI analysis in this rulemaking is based upon fiscal year
2012 expense. The prospective fees are calculated using the ABI expense
and applying adjustment factors to estimate the cost in fiscal year
2015 expense, as fiscal year 2015 may be the next opportunity to
consider whether to revisit the fees under section 10(a) of the AIA.
This analysis uses 2012 expense as a proxy and adjusts for yearly
inflation in the out-years.
The Office is estimating the fiscal year 2015 cost in this
rulemaking by using the projected change in the Consumer Price Index
for All Urban Consumers ("CPI-U") for fiscal years 2013, 2014, and
2015, as the CPI-U is a reasonable basis for determining the change in
Office costs between fiscal year 2012 and fiscal year 2015. The
individual CPI-U during each fiscal year is multiplied together to
obtain a cumulative CPI-U from fiscal year 2013 through fiscal year
2015. The CPI-U increase for fiscal year 2013 is forecasted to be 2.1
percent. The CPI-U increase for fiscal year 2014 is forecasted to be
2.2 percent. The CPI-U increase for fiscal year 2015 is forecasted to
be 2.2 percent. See http://www.whitehouse.gov/sites/default/files/omb/
budget/fy2014/assets/spec.pdf. Thus, the estimated fiscal year 2015
cost amounts are calculated by multiplying the actual expense amount
for fiscal year 2012 by 1.066 (1.021 multiplied by 1.022 multiplied by
1.022 equals 1.066). The estimated fiscal year 2015 cost amounts are
then rounded to the nearest ten dollars by applying standard arithmetic
rules so that the resulting fee amounts will be convenient for
international design application users.
The processing of a petition to convert an international design
application to a design application under 35 U.S.C. chapter 16 involves
review and preparation of a decision for the petition. An estimate for
the number of hours required for a GS-12, Step 5 attorney to review the
petition and draft a decision is two hours. The ABI analysis indicates
that the estimated fully burdened expense during fiscal year 2012 to
review and prepare a decision for the petition is $172 ($86 fully
burdened labor cost per hour multiplied by 2). Thus, the Office
estimates the fiscal year unit cost to review the petition and draft a
decision, using the estimated CPI-U increase for fiscal years 2013,
2014, and 2015, is $183 ($172 multiplied by 1.066), which, when rounded
to the nearest ten dollars, is a proposed fee for conversion of $180.
Additional information concerning the Office's analysis of the
estimated fiscal year 2015 costs for converting an international design
application to a design application under 35 U.S.C. chapter 16 is
available upon request.
Section 1.18: Section 1.18(b)(3) is proposed to be added to provide
that an issue fee paid through the International Bureau in an
international design application designating the United States shall be
in the amount specified on the Web site of the WIPO, available at:
http://www.wipo.int/hague. The option for applicants to pay the issue
fee through the International Bureau is provided for in Hague Agreement
Rule 12(3)(c) and is in lieu of paying the issue fee under
§ 1.18(b)(1). Article 7(2) permits a Contracting Party to declare that
the prescribed designation fee shall be replaced by an individual
designation fee, whose amounts can be changed in further declarations.
The International Bureau accepts payment only in Swiss currency (see
Hague Agreement Rule 28(1)) and all fee amounts specified on the WIPO
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Web site are in Swiss currency.
Section 1.25: Section 1.25(b) is proposed to be amended to provide
that international design application fees (§ 1.1031) may be
charged to a deposit account.
Section 1.27: Section 1.27(c)(3) is proposed to be amended to
provide that the payment, by any party, of the exact amount of the
small entity first part of the individual designation fee for the
United States (Hague Agreement Rule 12(1)(a)(iii)) to the International
Bureau in an international design application will be treated as a
written assertion of entitlement to small entity status. The proposed
change to § 1.27(c)(3) will permit applicants paying fees to the
International Bureau in an international design application designating
the United States to establish small entity status for the purposes of
the United States.
Section 1.29: Section 1.29(e) is proposed to be amended to provide
that a micro entity certification filed in an international design
application may be signed by a person authorized to represent the
applicant under § 1.1041(a) before the International Bureau where
the micro entity certification is filed with the International Bureau.
Section 1.41: Section 1.41(f) is proposed to be added to set forth
the inventorship in an international design application designating the
United States. Specifically, the inventorship of an international
design application designating the United States is the creator or
creators set forth in the publication of the international registration
under Hague Agreement Article 10(3). Any correction of inventorship
must be pursuant to § 1.48.
Section 1.46: Section 1.46(b) is proposed to be amended to provide
that if an application entering the national stage under 35 U.S.C. 371,
or an international design application before the United States as a
designated office, is applied for by a person other than the inventor
under § 1.46(a) (i.e., the assignee, person to whom the inventor is
under an obligation to assign the invention, or person who otherwise
shows sufficient proprietary interest in the matter, as provided under
35 U.S.C. 118) that person must have been identified as the applicant
for the United States in the international stage of the international
application or as the holder in the publication of the international
registration under Hague Agreement Article 10(3). The proposed
amendment does not change the current practice with respect to national
stage applications under 35 U.S.C. 371, where a person seeking to
become an applicant under § 1.46 in the national phase was not
named as an applicant for the United States in the international phase.
In such case, that person must comply with the requirements under
§ 1.46(c), including the requirements of §§ 3.71 and 3.73, to be
an applicant in the national phase. The proposed amendment treats
international design applications in the same manner as international
applications under the PCT. See discussion of § 1.1011(b), infra,
regarding who may be an applicant for an international design
application designating the United States.
Section 1.46(c) is proposed to be amended to provide that any
request to correct or update the name of the applicant under this
section must include an application data sheet under § 1.76
specifying the correct or updated name of the applicant in the
applicant information section (§ 1.76(b)(7)), except that
correction of the name of the applicant may be made pursuant to Hague
Agreement Article 16 for an international design application. Section
1.46(c) is also proposed to be amended to provide that any request to
replace the original applicant with an applicant under § 1.46 must
include an application data sheet under § 1.76 specifying the
applicant in the applicant information section (§ 1.76(b)(7)) and
comply with §§ 3.71 and 3.73.
Article 16(1)(ii) provides for recording in the International
Register by the International Bureau of a change in the name and
address of the holder. Under Article 16(2), such recording has the same
effect as if made in the Office of each of the designated Contracting
Parties. Accordingly, § 1.46(c) is proposed to be amended to
recognize a change in the name of the holder (i.e., applicant) in an
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international design application designating the United States, where
the name change was recorded by the International Bureau pursuant to
Article 16. Article 16 also provides for the recording of a change in
ownership of the international registration, the effect of which may be
made subject to the Office of the Contracting Party receiving the
statement or documents it specifies in a declaration. In such case, the
new owner may become an applicant in the international design
application before the Office for national processing in accordance
with the procedure set forth in § 1.46(c).
Section 1.53: Section 1.53(d)(1)(ii) is proposed to be amended to
provide that a continued prosecution application ("CPA") of a prior
nonprovisional application may be filed where the prior nonprovisional
application is a design application, but not an international design
application, that is complete as defined by § 1.51(b). Under
current § 1.53(d), a CPA may be filed where the prior
nonprovisional application is a design application that is complete as
defined by § 1.51(b). The filing of a CPA of a prior nonprovisional
international design application would not be appropriate, as a CPA is
a design application under 35 U.S.C. chapter 16 and thus subject to
different statutory and regulatory requirements relative to a
nonprovisional international design application.
Section 1.55: Section 1.55(b) is proposed to be amended to provide
that the six-month period specified in that paragraph is subject to
Hague Agreement Rule 4(4). Rule 4(4) provides that if a period expires
on a day on which the International Bureau or the Office concerned is
not open to the public, the period shall expire on the first subsequent
day on which the International Bureau or the Office concerned is open
to the public. Section 101(a) of the PLTIA adds 35 U.S.C. 386(b) which
provides: "[i]n accordance with the conditions and requirements of
subsections (a) through (d) of section 119 and section 172 and the
treaty and the Regulations, an international design application
designating the United States shall be entitled to the right of
priority based on a prior foreign application . . . ." 126 Stat. at
1529. Thus, pursuant to 35 U.S.C. 386(b), the priority period in an
international design application designating the United States is
subject to extension under Rule 4(4).
Section 1.55(m) is proposed to be added to set forth the time for
filing a priority claim and certified copy of a foreign application in
an international design application designating the United States.
Section 1.55(m) provides that in an international design application
designating the United States, the claim for priority may be made in
accordance with the Hague Agreement and the Hague Agreement
Regulations. Section 1.55(m) further provides that for purposes of the
United States, the priority claim may also be presented in an
application data sheet (§ 1.76(b)(6)), filed directly with the
Office after publication of the international design application under
Article 10(3) of the Hague Agreement, identifying the foreign
application for which priority is claimed by specifying the application
number, country (or intellectual property authority), day, month, and
year of its filing. The priority claim and certified copy must be
furnished in accordance with the time period and other conditions set
forth in paragraph (g).
Section 1.57: Section 1.57(a) is proposed to be amended by revising
paragraph (a) to include a new paragraph (a)(3) and to renumber
paragraph (3) as paragraph (4). Section 101(a) of the PLTIA adds 35
U.S.C. 386 to provide for a right of priority to an international
design application. 126 Stat. at 1529-30. Accordingly, § 1.57(a) is
proposed to be amended to provide for incorporation by reference to an
inadvertently omitted portion of the specification or drawings based on
a benefit claim under 1.78 to an international design application
present upon filing, and to provide that any amendment to an
international design application that designates the United States
pursuant to § 1.57(a) shall be effective only as to the United
States, and shall have no effect on the filing date of the application.
Section 1.76: Section 1.76(b)(6) is proposed to be amended to
provide that the foreign priority information section of the
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application data sheet may include the intellectual property authority
rather than country of filing. This change is for consistency with the
requirements of 35 U.S.C. 119(b) and § 1.55.
Section 1.78: Section 101(a) of the PLTIA adds 35 U.S.C. 386(c) to
provide for benefit claims with respect to international design
applications designating the United States in accordance with the
conditions and requirements of 35 U.S.C. 120. 126 Stat. at 1529-30.
Accordingly, § 1.78(c) is proposed to be amended to provide for
benefit claims under 35 U.S.C. 386(c). Section 1.78(c)(1)(iii) is added
to provide that the prior-filed application to which benefit is claimed
may be an international design application designating the United
States that is entitled to a filing date as set forth in § 1.1023.
Section 1.78(c)(2) is proposed to be amended to provide that the
reference required under § 1.78(c)(2) may identify an international
design application by international registration number and
international registration date.
Section 1.78(c)(7) is proposed to be added to provide that where
benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) to an
international application or an international design application, which
designates but did not originate in the United States, the Office may
require a certified copy of such application together with an English
translation thereof if filed in another language. The authority to
require a certified copy of an international design application that
designates the United States but did not originate in the United
States, and an English translation thereof, is provided in 35 U.S.C.
386(c). Similar authority with respect to international applications
that designate the United States but do not originate in the United
States is provided in 35 U.S.C. 365(c). Since international
applications are published under PCT Article 21(2), and international
design applications are published under Hague Agreement Article 10(3),
the Office would not ordinarily require a certified copy of the
international application or international design application pursuant
to § 1.78(c)(7). Rather, the Office foresees the authority under
§ 1.78(c)(7) to be used primarily in instances where the
international application or international design application did not
publish under the respective treaty, or where there is a question as to
the content of the disclosure of the application as of its filing date,
and the certified copy and any English translation are needed to
determine entitlement to the benefit of the filing date of the
international application or international design application in order
to, for example, overcome a prior art reference.
Section 1.78(d) is proposed to be amended to provide for acceptance
of a delayed benefit claim to an international application designating
the United States pursuant to the petition procedure set forth therein.
Section 1.84: Section 1.84(y) is proposed to be amended to include
a cross reference to international design application reproductions in
proposed § 1.1026.
Section 1.85: Section 1.85(a) is proposed to be amended to provide
that if a drawing in an international design application designating
the United States meets the requirements of § 1.1026, the drawing
may be admitted for examination. Section 1.85(c) is proposed to be
amended to provide that if a drawing in an international design
application does not comply with § 1.1026 at the time an
application is allowed, the Office may notify the applicant in a notice
of allowability and set a three-month period of time from the mail date
of the notice of allowability within which the applicant must file a
corrected drawing to avoid abandonment.
Section 1.97: Section 1.97(b)(3) is proposed to be added to provide
that an information disclosure statement may be filed within three
months of the date of publication of the international registration
under Hague Agreement Article 10(3) in an international design
application. An information disclosure statement may also be submitted
with the international design application. See Hague Agreement Rule
7(5)(g) ("The international application may be accompanied by a
statement that identifies information known by the applicant to be
material to the eligibility for protection of the industrial design
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concerned.").
Section 1.105: Section 1.105(a)(1) is proposed to be amended to
make a requirement for information under§ 1.105 applicable to
international design applications and supplemental examination proceedings.
Section 1.114: Section 1.114(e) is proposed to be amended to
provide that a request for continued examination may not be filed in an
international design application. This is consistent with the treatment
of applications for design patents under 35 U.S.C. chapter 16.
Section 1.155: Section 1.155 is proposed to be amended to provide
for expedited examination of an international design application that
designates the United States. To qualify for expedited examination,
§ 1.155(a)(1) provides that the international design application
must be published pursuant to Hague Agreement Article 10(3).
Section 1.211: Section 1.211(b) is proposed to be amended to
provide that an international design application under 35 U.S.C.
chapter 38 shall not be published by the Office under § 1.211.
International registrations are published by the International Bureau
pursuant to Article 10(3) of the Hague Agreement. The international
registration includes the data contained in the international design
application and any reproduction of the industrial design. See Rule
15(2) of the Regulations.
Section 1.312: Section 1.312 is proposed to be amended to provide
that where the issue fee is paid in an international design application
through the International Bureau, the date of payment of the issue fee
for purposes of determining the timeliness of an amendment under § 1.312
will be the date the issue fee is recorded by the Office. This
date will be indicated as the accounting date in the Office's Revenue
Accounting and Management System. Under the Hague Agreement, the issue
fee may be paid through the International Bureau. An amendment under
§ 1.312 filed after payment of the issue fee to the International
Bureau but before the fee is recorded by the Office would be untimely
under the current rule. Because of the inherent time lag between
payment of the issue fee to the International Bureau and crediting of
the issue fee to the account of the Office, the Office may not have
sufficient information at the time of receipt of the amendment under
§ 1.312 to determine whether such amendment may be entered under
the current rule. The proposed amendment to § 1.312 is more
favorable to applicants and would facilitate processing of such
amendments by the Office. In addition, since the application will not
be scheduled for printing as a patent until the issue fee is recorded
by the Office, the proposed amendment would not delay issuance of the
patent.
A new subpart I is proposed to be added to provide for
international and national processing of international design
applications.
Section 1.1001: Section 1.1001 is proposed to be added to include
definitions of terms used in subpart I.
Section 1.1002: Section 1.1002 is proposed to be added to indicate
the major functions of the USPTO as an office of indirect filing. These
include: (1) Receiving and according a receipt date to international
design applications; (2) collecting and, when required, transmitting
fees for processing international design applications; (3) determining
compliance with applicable requirements of part 5 of chapter I of Title
37 of the CFR; and (4) transmitting an international design application
to the International Bureau, unless prescriptions concerning national
security prevent the application from being transmitted.
Section 1.1003: Section 1.1003 is proposed to be added to indicate
the major functions of the USPTO as a designated office. These include:
(1) Accepting for national examination international design
applications which satisfy the requirements of the Hague Agreement,
Regulations and the regulations; (2) performing an examination of the
international design application in accordance with 35 U.S.C. chapter
16; and (3) communicating the results of examination to the
International Bureau.
Section 1.1004: Section 1.1004 is proposed to be added to indicate
the major functions of the International Bureau. These include: (1)
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Receiving international design applications directly from applicants
and indirectly from an office of indirect filing; (2) collecting
required fees and crediting designation fees to the accounts of the
Contracting Parties concerned; (3) reviewing international design
applications for compliance with prescribed formal requirements; (4)
translating international design applications into the required
languages for recordation and publication; (5) recording international
design applications in the International Register; and (6) publishing
international design applications in the International Designs
Bulletin.
Section 1.1011: Section 1.1011(a) is proposed to be added to
specify who may file an international design application through the
USPTO. Under Article 3, any person that is a national of a State that
is a Contracting Party or a State member of an intergovernmental
organization that is a Contracting Party, or that has a domicile, a
habitual residence or a real and effective industrial or commercial
establishment in the territory of a Contracting Party, shall be
entitled to file an international application. Under Article 4(1), the
international application may be filed, at the option of the applicant,
either directly with the International Bureau or through the Office of
the applicant's Contracting Party (i.e., an office of indirect filing).
In accordance with Articles 3 and 4(1), § 1.1011(a) specifies that
only persons who are nationals of the United States or who have a
domicile, a habitual residence or a real and effective industrial or
commercial establishment in the territory of the United States may file
international design applications through the United States Patent and
Trademark Office.
Section 1.1011(b) is proposed to be added to provide that although
the USPTO will accept international design applications filed by any
person referred to in § 1.1011(a), an international design
application designating the United States may be refused by the Office
as a designated office if the applicant is not a person qualified under
35 U.S.C. chapter 11 to be an applicant. The PLTIA does not distinguish
a person qualified to be an applicant for an international design
application designating the United States from a person qualified to be
an applicant in a national design application under 35 U.S.C. 171-173.
See section 101(a) of the PLTIA, which adds: 35 U.S.C. 389(b) ("All
questions of substance and, unless otherwise required by the treaty and
Regulations, procedures regarding an international design application
designating the United States shall be determined as in the case of
applications filed under chapter 16."); 35 U.S.C. 382(c) ("Except as
otherwise provided in this chapter, the provisions of chapter 16 shall
apply."); and 35 U.S.C. 383 ("In addition to any requirements
pursuant to chapter 16, the international design application shall
contain . . ."). 126 Stat. at 1528-30.
Section 1.1021: Section 1.1021 is proposed to be added to specify
the contents of the international design application.
Section 1.1021(a) specifies the mandatory contents of an
international design application. The international design application
must be in English, French or Spanish. In addition, the application
shall contain or be accompanied by: (1) A request for international
registration under the Hague Agreement (Article 5(1)(i)); (2) the
prescribed data concerning the applicant (Article 5(1)(ii) and Rule
7(3)(i) and (ii)); (3) the prescribed number of copies of a reproduction
or, at the choice of the applicant, of several different reproductions of
the industrial design that is the subject of the international design
application, presented in the prescribed manner, however, where the
industrial design is two-dimensional and a request for deferment of
publication is made in accordance with Article 5(5), the international
design application may, instead of containing reproductions, be accompanied
by the prescribed number of specimens of the industrial design (Article
5(1)(iii)); (4) an indication of the product or products that constitute
the industrial design or in relation to which the industrial design is
to be used, as prescribed (Article 5(1)(iv) and Rule 7(3)(iv)); (5) an
indication of the designated Contracting Parties (Article 5(1)(v)); (6)
the prescribed fees (Article 5(1)(vi) and Rule 12(1)); (7) the Contracting
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Party or Parties in respect of which the applicant fulfills the
conditions to be the holder of an international registration (Rule
7(3)(iii)); (8) the number of industrial designs included in the
international application, which may not exceed 100, and the number of
reproductions or specimens of the industrial designs accompanying the
international application (Rule 7(3)(v)); (9) the amount of the fees
being paid and the method of payment, or instructions to debit the
required amount of fees to an account opened with the International
Bureau, and the identification of the party effecting the payment or
giving the instructions (Rule 7(3)(vii)); and (10) an indication of
applicant's Contracting Party as required under Rule 7(4)(a).
Section 1.1021(b) sets forth additional mandatory contents that may
be required by certain Contracting Parties. These include: (1) Elements
referred to in Article 5(2)(b) required for a filing date in the
designated Contracting Party for which a declaration was made by that
Contracting Party; and (2) a statement, document, oath or declaration
required pursuant to Rule 8(1) by a designated Contracting Party. The
elements that may be required under Article 5(2)(b) are: (i)
Indications concerning the identity of the creator; (ii) a brief
description of the reproduction or of the characteristic features of
the industrial design; and (iii) a claim.
Section 1.1021(c) identifies optional contents that the
international design application may contain. These include: (1) Two or
more industrial designs, subject to the prescribed conditions (Article
5(4) and Rule 7(7)); (2) a request for deferment of publication
(Article 5(5) and Rule 7(5)(e)); (3) an element referred to in item (i)
or (ii) of Article 5(2)(b) of the Hague Agreement or in Article 8(4)(a)
of the 1960 Act even where that element is not required in consequence
of a notification in accordance with Article 5(2)(a) of the Hague
Agreement or in consequence of a requirement under Article 8(4)(a) of
the 1960 Act (Rule 7(5)(a)); (4) the name and address of applicant's
representative, as prescribed (Rule 7(5)(b)); (5) a claim of priority
under Article 4 of the Paris Convention, as prescribed (Rule 7(5)(c));
(6) a declaration, for purposes of Article 11 of the Paris Convention,
that the product or products which constitute the industrial design, or
in which the industrial design is incorporated, have been shown at an
official or officially recognized international exhibition, together
with the place where the exhibition was held and the date on which the
product or products were first exhibited there and, where less than all
the industrial designs contained in the international application are
concerned, the indication of those industrial designs to which the
declaration relates or does not relate (Rule 7(5)(d)); (7) any
declaration, statement or other relevant indication as may be specified
in the Administrative Instructions (Rule 7(5)(f)); (8) a statement that
identifies information known by the applicant to be material to the
eligibility for protection of the industrial design concerned (Rule
7(5)(g)); and (9) a proposed translation of any text matter contained
in the international application for purposes of recording and
publication (Rule 6(4)).
Section 1.1021(d) is proposed to be added to set forth the required
contents for an international design application that designates the
United States. Section 1.1021(d) provides that, in addition to the
mandatory requirements set forth in § 1.1021(a), an international
design application that designates the United States shall contain or
be accompanied by: (1) A claim (§§ 1.1021(b)(1)(iii) and 1.1025);
(2) indications concerning the identity of the creator (Rule 11(1));
and (3) the inventor's oath or declaration (§§ 1.63 and
1.64). Section 1.1021(d)(3) further provides that the requirements in
§ 1.63(b) and § 1.64(b)(4) to identify each inventor by his or
her legal name, mailing address, and residence, if an inventor lives at
a location which is different from the mailing address, and the
requirement in § 1.64(b)(2) to identify the residence and mailing
address of the person signing the substitute statement, will be
considered satisfied by the presentation of such information in the
international design application prior to international registration.
Under Article 5(2), a Contracting Party may require an
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international design application to contain certain additional
elements, where the law of that Contracting Party, at the time it
becomes a party to the Hague Agreement, requires the application to
contain such elements to be accorded a filing date. The elements set
forth in Article 5(2) are: (1) Indications concerning the identity of
the creator of the industrial design; (2) a brief description of the
reproduction or of the characteristic features of the industrial
design; and (3) a claim. Article 5(2) permits a Contracting Party to
notify the Director General of the elements required in order for the
application to be accorded a filing date.
A claim is a filing date requirement for design applications in the
United States. While the PLTIA, in implementing the Patent Law Treaty,
eliminates the requirement for a claim as a filing date requirement in
utility applications, it does not eliminate the requirement for a claim
as a filing date requirement for design applications. See section 202
of the PLTIA amending 35 U.S.C. 171 to provide that "[t]he filing date
of an application for patent for design shall be the date on which the
specification as prescribed by [35 U.S.C.] 112 and any required
drawings are filed." 126 Stat. 1535. The specific wording of the claim
shall be as prescribed in § 1.1025. Id. Consequently, an
international design application that designates the United States but
does not contain a claim will not be registered by the International
Bureau in the international register and thus will not be entitled to a
filing date in the United States. See 35 U.S.C. 384 and Article 10(2).
In such case, the International Bureau will invite the applicant to
submit the claim within a prescribed time limit, and will accord a date
of international registration as of the date of receipt of the claim
(assuming there are no other filing date defects). See Article
10(2)(b). Failure to timely submit the claim in response to the
invitation by the International Bureau will result in the application
being deemed not to contain the designation of the United States. See
Article 8(2)(b).
Section 1.1021(d) also requires an international design application
designating the United States to contain indications concerning the
identity of the creator of the industrial design and the inventor's
oath or declaration (§§ 1.63 or 1.64). The identity of the creator and
the inventor's oath or declaration are requirements applicable to design
applications under 35 U.S.C. chapter 16. See, e.g., 35 U.S.C. 115 and
35 U.S.C. 101. The PLTIA provides for parity in the treatment of
international design applications designating the United States with
design applications under 35 U.S.C. chapter 16, except where otherwise
provided by the PLTIA, Hague Agreement, or Regulations. See, e.g., 35
U.S.C. 389(b) ("All questions of substance and, unless otherwise
required by the treaty and Regulations, procedures regarding an
international design application designating the United States shall be
determined as in the case of applications filed under chapter 16.");
35 U.S.C. 382(c) ("Except as otherwise provided in this chapter, the
provisions of chapter 16 shall apply."); and 35 U.S.C. 383 ("In
addition to any requirements pursuant to chapter 16, the international
design application shall contain . . ."). 126 Stat. at 1528-30. See
also discussion of Hague Agreement Rule 8, supra.
Section 1.1022: Section 1.1022 is proposed to be added to specify
form and signature requirements for international design applications.
Section 1.1022(a) provides that the international design application
shall be presented on the official form or any form having the same
contents and format. See Rules 7(1) and 1(vi). Section 1.1022(b)
provides that the international design application shall be signed by
the applicant. Id.
Section 1.1023: The filing date of an international design
application in the United States is set forth in 35 U.S.C. 384, added
by section 101 of the PLTIA, which provides "[s]ubject to subsection
(b), the filing date of an international design application in the
United States shall be the effective registration date." 126 Stat. at
1529. The term "effective registration date" is defined in 35 U.S.C.
381(a)(5) as "the date of international registration determined by the
International Bureau under the treaty." 126 Stat. at 1528.
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Accordingly, § 1.1023(a) is proposed to be added to set forth that
the filing date of an international design application in the United
States is the date of international registration determined by the
International Bureau, subject to review under subsection (b).
Section 1.1023(b) is proposed to be added to set forth a procedure
to review the filing date of an international design application.
Pursuant to 35 U.S.C. 384(b), "[t]he Director may establish
procedures, including the payment of a surcharge, to review the filing
date under this section. Such review may result in a determination that
the application has a filing date in the United States other than the
effective registration date." 126 Stat. at 1529. Accordingly, § 1.1023(b)
provides that where the applicant believes the international
design application is entitled under the Hague Agreement to a filing
date in the United States other than the date of international
registration, the applicant may petition the Director to accord the
international design application a filing date in the United States
other than the date of international registration. Section 1.1023(b)
requires that the petition be accompanied by the fee set forth in
§ 1.17(f) and include a showing to the satisfaction of the Director that
the international design application is entitled to such filing date.
Section 1.1024: Section 1.1024 is proposed to be added to set forth
the requirements of a description, where contained in the international
design application. WIPO form "Application for International
Registration" (DM/1) includes a section (Box 9) entitled
"Description." Rule 11(2) provides: "[w]here the international
application contains a description, the latter shall concern those
features that appear in the reproductions of the industrial design and
may not concern technical features of the operation of the industrial
design or its possible utilization. If the description exceeds 100
words, an additional fee, as set out in the Schedule of Fees, shall be
payable." Pursuant to Article 5(2), a Contracting Party may require
"a brief description of the reproduction or of the characteristic
features of the industrial design that is the subject of that
application" where such is a filing date requirement under its
national law. See Article 5(2)(b)(ii). Rule 7(5)(a) allows the
applicant to include in the international design application the
description referred to in Article 5(2)(b)(ii) even if not required by
a Contracting Party pursuant to Article 5(2).
At the time the United States becomes party to the Hague Agreement,
the requirements for a filing date for an application for design patent
will be governed by 35 U.S.C. 171, as amended under Section 202 of the
PLTIA, which states in subsection (c): "[t]he filing date of an
application for patent for design shall be the date on which the
specification as prescribed by [35 U.S.C.] 112 and any required
drawings are filed." 126 Stat. 1535. A "brief description of the
reproduction or of the characteristic features of the international
design" is not a per se filing date requirement in the United States.
Rather, 35 U.S.C. 112(a) requires, inter alia, that the "specification
shall contain a written description of the invention." This
requirement may be satisfied by the reproductions. See In re Daniels,
144 F.3d 1452, 1456, 46 USPQ2d 1788, 1790 (Fed. Cir. 1998) ("It is the
drawings of the design patent that provide the description of the
invention."); In re Klein, 987 F.2d 1569, 1571, 26 USPQ2d 1133, 1134
(Fed. Cir. 1993) ("[U]sual[ly] in design applications, there is no
description other than the drawings"); Hupp v. Siroflex of America,
Inc., 122 F.3d 1456, 1464, 43 USPQ2d 1887, 1893 (Fed. Cir. 1997) ("A
design patent contains no written description; the drawings are the
claims to the patented subject matter."); Ex parte Tayama, 24 USPQ2d
1614, 1617 (Bd. Pat. App. & Int'f 1992) ("[D]esign applications must
meet the requirements of 35 U.S.C. 112, first paragraph. While this
ordinarily requires little if any detailed description, some design
applications may require a disclosure as detailed as that in a complex
utility application. There is no `per se' rule with respect to the
extent of the disclosure necessary in a design application. The
adequacy of the disclosure must be determined on a case-by-case
basis."). Nevertheless, applicants should consider whether including
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additional written description of the invention (in Box 9 of the DM/1
form or otherwise) is needed to comply with 35 U.S.C. 112. Furthermore,
the Office encourages the inclusion of a brief description of the views
of the reproduction, as required for design applications filed under 35
U.S.C. chapter 16. See, e.g., § 1.153(b) ("No description, other
than a reference to the drawing, is ordinarily required . . . .);
§ 1.154(b) ("The specification should include . . . 4) Description
of the figure or figures of the drawing"); and MPEP 1503.01, II
("Descriptions of the figures are not required to be written in any
particular format, however, if they do not describe the views of the
drawing clearly and accurately, the examiner should object to the
unclear and/or inaccurate descriptions and suggest language which is
more clearly descriptive of the views."). Such figure descriptions are
helpful for examination and may, in some cases, avoid potential issues
under 35 U.S.C. 112.
Thus, § 1.1024(a) is proposed to be added to provide that an
international design application designating the United States must
include a specification as prescribed by 35 U.S.C. 112, and preferably
include a brief description of the view or views of the reproduction.
Section 1.1024(b) provides that the description requirements set
forth in Rule 11(2) may apply to designations of Contracting Parties
other than the United States that require a description. Applicants are
cautioned that a characteristic features statement may serve to later
limit the claim in the United States. See McGrady v. Aspenglas Corp.,
487 F. Supp. 859, 208 U.S.P.Q. 242 (S.D.N.Y. 1980); MPEP 1503.01.
Section 1.1025: Section 1.1025 is proposed to be added to set forth
that the specific wording of the claim in an international design
application designating the United States shall be in formal terms to
the ornamental design for the article (specifying name of article) as
shown, or as shown and described. Section 1.1025 also provides that
more than one claim is neither required nor permitted for purposes of
the United States. Under Rule 11(3), a declaration requiring a claim
pursuant to Article 5(2) "shall specify the exact wording of the
required claim."
Section 1.1026: Section 1.1026 is proposed to be added to provide
that reproductions shall comply with the requirements of Rule 9 and
Part Four of the Administrative Instructions. Rule 9 sets forth the
requirements for reproductions in international design applications,
including the form and number of reproductions, and references the
requirements of the Administration Instructions. Part Four of the
Administrative Instructions sets forth requirements concerning the
presentation of the reproductions (Section 401), representation of the
industrial design (Section 402), disclaimer (Section 403), requirements
for photographs and other graphic representations (Section 404),
numbering of reproductions (Section 405), requirements for specimens
(Section 406), and relation with a principal industrial design or a
principal application or registration (Section 407).
Section 1.1027: Section 1.1027 provides that where a request for
deferment of publication has been filed in respect of a two-dimensional
industrial design, the international design application may include
specimens of the design in accordance with Rule 10 and Part Four of the
Administrative Instructions. Section 1.1027 further provides that
neither a request for deferment of publication nor specimens are
permitted in an international design application that designates the
United States or any other Contracting Party that does not permit
deferment of publication. Under the Hague Agreement, specimens are only
permitted where a request for deferment of publication has been made.
See Article 5(1)(iii) and Rule 10(1). However, a request for deferment
of publication is not permitted in an international design application
that designates a Contracting Party that has made a declaration under
Article 11(1)(b) that its applicable law does not provide for deferment
of publication. See Article 11(3).
Section 1.1031: Section 1.1031 is proposed to be added to provide
for payment of the international design application fees.
Section 1.1031(a) provides that international design applications
filed through the Office as an office of indirect filing are subject to
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payment of a transmittal fee in the amount of $130. Under the Hague
Agreement, an office of indirect filing may require payment of a
transmittal fee. See Article 4(2). Section 101(a) of the PLTIA adds 35
U.S.C. 382(b), which provides that the international design application
and international fees shall be forwarded by the Office to the
International Bureau "upon payment of a transmittal fee." 126 Stat.
at 1528. Accordingly, § 1.1031(a) provides for the payment of a
transmittal fee. The transmittal fee is not being set pursuant to
section 10(a) of the AIA. Rather, the Office is setting this fee
pursuant to its authority under 35 U.S.C. 41(d)(2) in this rulemaking,
which provides that fees for all processing, services, or materials
relating to patents not specified in 35 U.S.C. 41 are to be set at
amounts to recover the estimated average cost to the Office of such
processing, services, or materials. See 35 U.S.C. 41(d)(2).
The transmittal fee for an international design application filed
under the Hague Agreement through the USPTO as an office of indirect
filing involves the following activities, which the Office considered
in estimating the fiscal year 2012 costs: (1) Processing incoming paper
($2); (2) processing application fees ($7); (3) application indexing/
scanning ($65); (4) routing classification/security screening ($4); (5)
second-level security screening and licensing and review processing
($1); (6) initial bibliographic data entry ($17); (7) copying and
mailing ($9); (8) performing processing section functions ($11); and
(9) performing Hague file maintenance ($2).
Applying the ABI methodology discussed above, the Office has thus
estimated the fiscal year 2012 unit cost to transmit an international
design application and international fees to the International Bureau
as the sum total of the aforementioned activities, resulting in a total
unit cost of $118. Using the estimated CPI-U increase for fiscal years
2013, 2014 and 2015, the Office estimates the fiscal year 2015 unit
cost to transmit the international design application and the
international fees to the International Bureau is $126 ($118 multiplied
by 1.066), which, when rounded to the nearest ten dollars, is a
proposed fee for transmittal of $130. Additional information concerning
the Office's analysis of the estimated fiscal year 2012 costs for
receiving and transmitting international design applications and
international fees to the International Bureau is available upon
request.
Section 1.1031(b) provides that the Schedule of Fees, a list of
individual designation fee amounts, and a fee calculator may be viewed
on the Web site of the WIPO, available at: http://www.wipo.int/hague.
Under the Hague Agreement, the International Bureau is responsible for
collecting the required fees set forth in the Schedule of Fees annexed
to the Regulations (Rule 27(1)) and the individual designation fees
referred to in Rule 12(1)(a)(iii). Where the required fees have not
been paid, the International Bureau will invite the applicant to pay
the required fees to avoid abandonment of the application. See Article
8 and Rule 14. The fees set forth in the Schedule of Fees and the list
of individual designation fee amounts may be viewed on the Web site of
the WIPO, available at: http://www.wipo.int/hague. This Web site also
includes a fee calculator tool to assist applicants in calculating the
total amount of fees for filing an international design application.
Section 1.1031(c) provides that the following fees required by the
International Bureau may be paid either directly to the International
Bureau or through the Office as an office of indirect filing in the
amounts specified on the WIPO Web site described in § 1.1031(b):
(1) The international application fees (Rule 12(1)); and (2) the fee
for descriptions exceeding 100 words (Rule 11(2)). The fees referred to
in Hague Agreement Rule 12(1) include a basic fee, standard designation
fees, individual designation fees, and a publication fee. Rule 12(3)(b)
states that the Rule 12(1) reference to individual designation fees is
construed as a reference to only the first part of the individual
designation fee for any Contracting Party with a designation fee
comprised of two parts.
Section 1.1031(d) provides that the fees referred to in § 1.1031(c)
may be paid directly to the International Bureau in Swiss currency. See
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Rule 27(2)(a). Administrative Instructions to the Hague Agreement set
forth the various modes of payment accepted by the International Bureau.
See Administrative Instruction 801. These include: (1) Payment by debit
through an account established with the International Bureau; (2)
payment into the Swiss postal check account or any of the specified
bank accounts of the International Bureau; or (3) payment by credit
card.
Section 1.1031(d) also provides for payment of the fees referred to
in § 1.1031(c) through the Office as an office of indirect filing,
provided such fees are paid no later than the date of payment of the
transmittal fee required under § 1.1031(a). Any payment through the
Office must be in U.S. dollars. Section 1.1031(d) also provides that
applicants paying fees through the Office may be subject to a
requirement by the International Bureau to pay additional amounts where
the conversion from U.S. dollars to Swiss currency results in the
International Bureau receiving less than the prescribed amounts. Under
Rule 28(1), "[a]ll payments made under these Regulations to the
International Bureau shall be in Swiss currency irrespective of the
fact that, where the fees are paid through an Office, such Office may
have collected those fees in another currency." Consequently, the fees
collected by the Office for forwarding to the International Bureau must
be converted to Swiss currency. If the converted amount at the time the
Office transfers the fees to the International Bureau in Swiss currency
is less than the amount required by the International Bureau, the
International Bureau may invite the applicant to pay the deficiency.
Any payment in response to the invitation must be made directly to the
International Bureau within the period set in the invitation.
The proposed rules do not provide for a fee for renewing an
international registration with respect to the United States. Article 7
provides for a designation fee for each designated Contracting Party.
Article 7(1) provides for a "prescribed" designation fee (also
referred to as "standard" designation fee, see Rule 11). However,
Article 7(2) allows a Contracting Party to make a declaration replacing
the prescribed designation fee with an individual designation fee "in
connection with any international application in which it is
designated, and in connection with the renewal of any international
registration resulting from such an international application."
Pursuant to Article 7(2), the amount of the individual designation fee
may be fixed by the Contracting Party "for the initial term of
protection and for each term of renewal or for the maximum period of
protection allowed by the Contracting Party concerned." Article 7(2)
further provides that the individual designation fee may not be higher
than the equivalent of the amount which the office of a Contracting
Party would be entitled to receive for a grant of protection for an
equivalent period to the same number of designs.
Thus, while Article 7(2) permits a Contracting Party to fix an
individual designation fee for renewing an international registration
in respect of that Contracting Party, it does not require such fee.
Rather, the individual designation fee fixed by the Contracting Party
may be for the maximum period of protection allowed by the Contracting
Party. Furthermore, the PLTIA does not require payment of a fee for
renewing an international registration with respect to the United
States. In addition, the PLTIA does not require renewal of the
international registration to obtain the maximum period of protection
in the United States. See, e.g., 35 U.S.C. 173 as amended by the PLTIA,
126 Stat. at 1532 ("Patents for designs shall be granted for the term
of 15 years from the date of grant."). Accordingly, the proposed rules
do not provide a fee for renewing an international design application
with respect to the United States.
The Office notes that Article 17(3) provides that any extension of
the initial five-year term of protection accorded by an international
registration is subject to renewal. However, the Hague Agreement allows
a Contracting Party to provide greater protection under its national
law than provided under the Hague Agreement. See Article 2(1) ("The
provisions of this Act shall not affect the application of any greater
protection which may be accorded by the law of a Contracting
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Party . . ."). Furthermore, the records of the diplomatic conference
adopting the Hague Agreement make clear that renewal of the international
registration for a designated Contracting Party that requires payment
of a single designation fee for the entire 15-year (or more) period of
protection is not required to obtain the full period of protection in
that Contracting Party. See WIPO Records of the Diplomatic Conference
for the Adoption of a New Act of the Hague Agreement Concerning the
International Deposit of Industrial Design (Geneva Act) June 16 to July
6, 1999, 254, ¶ 15.08 (2002), discussing Article 15 of the Basic
Proposal presented to the diplomatic conference which, after minor
amendment, became Article 17 ("It would be compatible with paragraphs
(1) to (3) for a Contracting Party to stipulate a single 15-year (or
more) period and to require payment of an initial individual
designation fee for the whole period. In such case, protection would be
maintained in its territory for that whole period, whether the
international registration were renewed or not.").
Section 1.1035: Section 1.1035(a) is proposed to be added to
provide, in accordance with Article 6 of the Hague Agreement, that the
international design application may claim, under Article 4 of the
Paris Convention, the priority of one or more earlier applications
filed in or for any country party to that Convention or any Member of
the World Trade Organization. Proposed § 1.1035(a) further
provides, in accordance with Rule 7(5)(c), that the priority claim must
contain an indication of the name of the office where such filing was
made and of the date and, where available, the number of that filing,
and where the priority claim relates to less than all the industrial
designs contained in the international design application, the
indication of those industrial designs to which the priority claim
relates or does not relate.
While Article 6 of the Hague Agreement provides for priority under
the Paris Convention, the Hague Agreement does not specifically provide
for domestic benefit claims. Section 101(a) of the PLTIA adds 35 U.S.C.
386(c) to specifically provide for the benefit in accordance with the
conditions and requirements of 35 U.S.C. 120 of the filing date of a
prior national application, a prior international application as
defined in 35 U.S.C. 351(c) designating the United States, or a prior
international design application designating the United States. 126
Stat. at 1529-30. Accordingly, § 1.1035(b) is proposed to be added
to provide that an international design application designating the
United States may claim benefit under 35 U.S.C. 120, 121, 365(c) or
386(c) to an earlier filed application in accordance with § 1.78.
It is noted that § 1.78 requires the domestic benefit claim to be
included in an application data sheet ("ADS"), and that the Hague
Agreement does not provide for submission of an ADS as an optional
content item of the international design application. See Rules 7(5)
and 7(6). Notwithstanding, if the ADS is included with the submission
of the international design application to the Office as an indirect
office, the ADS will be included in the national application file
maintained by the Office as a designated office, and accordingly, will
not have to be submitted again. See discussion of § 1.14(j).
Section 1.1041: Section 1.1041 is proposed to be added to cover
representation in an international design application.
Section 1.1041(a) provides that the applicant or the holder may
appoint a representative before the International Bureau in accordance
with Rule 3. With respect to who may be appointed to represent the
applicant before the International Bureau, the Hague Agreement does not
provide for any requirement as to professional qualification,
nationality or domicile. The appointment may be made in the
international design application or in a separate communication. See
Rule 3(2).
Requirements as to the appointment of a representative before the
office of a Contracting Party are outside the scope of the Hague
Agreement, and are exclusively a matter for the Contracting Party.
Accordingly, § 1.1041(b) is proposed to be added to provide that
applicants of international design applications may be represented
before the Office as an office of indirect filing by a practitioner
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registered (§ 11.6) or granted limited recognition (§ 11.9(a)
or (b)) to practice before the Office (§ 11.6). Section 1.1041(b)
further provides that such practitioner may act pursuant to § 1.34
or be appointed, in writing signed by the applicant, giving the
practitioner power to act on behalf of the applicant and specifying the
name and registration number or limited recognition number of each
practitioner. Section 1.1041(b) also provides that an appointment of a
representative made in the international design application pursuant to
Rule 3(2) that complies with the requirements of this paragraph will be
effective as an appointment before the Office as an office of indirect
filing. For purposes of representation before the Office in an
international design application that becomes a national application
(see § 1.9(a)(1)), the regulations governing national applications
shall apply. See § 1.1061(a).
Section 1.1045: Section 1.1045 is proposed to be added to set forth
the procedures for transmittal of international design applications to
the International Bureau. Section 101(a) of the PLTIA adds 35 U.S.C.
382, which states, in subsection (b): "[s]ubject to chapter 17,
international design applications shall be forwarded by the Patent and
Trademark Office to the International Bureau, upon payment of a
transmittal fee." 126 Stat. at 1528. Rule 13(1) requires an office of
indirect filing to notify the applicant and the International Bureau of
the receipt date of an international design application, and to notify
the applicant that the international design application has been
transmitted to the International Bureau. Accordingly, § 1.1045(a)
is proposed to be added to provide that, subject to § 1.1045(b) and
payment of the transmittal fee set forth in § 1.1031(a),
transmittal of the international design application to the
International Bureau shall be made by the Office as provided by Rule
13(1). Section 1.1045(a) further provides that at the same time as it
transmits the international design application to the International
Bureau, the Office shall notify the International Bureau of the date on
which it received the application, and that the Office shall also
notify the applicant of the date on which it received the international
design application and the date on which it transmitted the application
to the International Bureau.
Because transmittal of the international design application is
subject to 35 U.S.C. chapter 17, § 1.1045(b) is proposed to be
added to provide that no copy of an international design application
may be transmitted to the International Bureau, a foreign designated
office, or other foreign authority by the Office or the applicant,
unless the applicable requirements of part 5 of this chapter have been
satisfied.
Under the Hague Agreement, formalities review of the international
design application is performed by the International Bureau, not the
office of indirect filing. The functions of the office of indirect
filing are de minimus, i.e., receiving and transmitting the
international design application and international fees. There is no
provision in the Hague Agreement for filing follow-on submissions with
the office of indirect filing. Accordingly, § 1.1045(c) is proposed
to be added to provide that once transmittal of the international
design application has been effected, except for matters properly
before the USPTO as an office of indirect filing or as a designated
office, all further correspondence concerning the application should be
sent directly to the International Bureau, and that the Office will
generally not forward communications to the International Bureau
received after transmittal of the application to the International
Bureau. Section 1.1045(c) further provides that any reply to an
invitation sent to the applicant by the International Bureau must be
filed directly with the International Bureau, and not with the Office,
to avoid abandonment or other loss of rights under Article 8.
Section 1.1051: Section 1.1051 is proposed to be added to set forth
conditions under which an applicant's failure to act within prescribed
time limits in connection with requirements pertaining to an
international design application may be excused as to the United States
upon a showing of unintentional delay. Section 101(a) of the PLTIA adds
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35 U.S.C. 387, which gives the Director authority to prescribe such
conditions, including the payment of the fee specified in 35 U.S.C.
41(a)(7), to excuse an applicant's failure to act within prescribed
time limits in an international design application as to the United
States where the delay was unintentional. 126 Stat. at 1530; see
discussion of § 1.17(u), supra. Under proposed § 1.1051(a), a
petition to excuse applicant's failure to act within the prescribed
time limits must be accompanied by: (1) A copy of any invitation sent
from the International Bureau setting a prescribed time limit for which
applicant failed to timely act; (2) the reply required under § 1.1051(c),
unless previously filed; (3) the fee as set forth in § 1.17(u);
(4) a certified copy of the originally filed international design
application, unless a copy of the international design application was
previously communicated to the Office from the International Bureau or
the international design application was filed with the Office as an
office of indirect filing; and (5) a statement that the entire delay
in filing the required reply from the due date for the reply until the
filing of a grantable petition pursuant to this
paragraph was unintentional. The Director may require additional
information where there is a question whether the delay was
unintentional.
The requirements for a copy of the invitation sent from the
International Bureau setting a prescribed time limit for which
applicant failed to timely act, and for a certified copy of the
originally filed international design application (unless a copy of the
international design application was previously communicated to the
Office from the International Bureau or the international design
application was filed with the Office as an office of indirect filing)
are needed because the Office may not have a record of the
international design application. For example, the Office may not have
a record where the international design application was filed directly
with the International Bureau and was not published.
Section 1.1051(b) provides that any request for reconsideration or
review of a decision refusing to excuse the applicant's failure to act
within prescribed time limits in connection with requirements pertaining
to an international design application upon petition filed pursuant
to this section, to be considered timely,
must be filed within two months of the decision refusing to excuse or
within such time as set in the decision. Section 1.1051(b) further
provides that, unless a decision indicates otherwise, the two-month
time period may be extended under the provisions of § 1.136.
Section 1.1051(c) provides that the reply required may be: (1) The
filing of a continuing application and, if the international design
application has not been subject to international registration, a
grantable petition under § 1.1023(b) to accord the international
design application a filing date; or (2) a grantable petition under
§ 1.1052, where the international design application was filed with
the Office as an office of indirect filing.
Under the Hague Agreement, the International Bureau reviews
international design applications for compliance with the requirements
of the treaty and Regulations. If these requirements have not been met,
the International Bureau will invite the applicant to make the required
corrections. See Hague Agreement Article 8(1). Depending on the
correction required, failure to timely comply with the invitation will
result in the application being considered abandoned or deemed not to
contain the designation of the Contracting Party for which the
deficiency relates. See Hague Agreement Article 8(2). The Hague
Agreement does not provide for continued processing of an international
design application that has been abandoned under Article 8 (or for
processing the application for a particular Contracting Party after the
designation of that Contracting Party has been deemed not to be
contained in the application), based on the Office excusing applicant's
failure to timely comply with the invitation pursuant to 35 U.S.C. 387.
For example, the Hague Agreement does not provide for forwarding by the
International Bureau to the applicant of a notification of refusal in
an abandoned international application. Accordingly, the Office is
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proposing to provide relief under 35 U.S.C. 387 by permitting the
applicant to file a continuing application claiming benefit to an
international design application under the conditions of 35 U.S.C.
386(c) and 120. Upon grant of the petition under this section,
applicant's delay will be excused for the purpose of establishing
copendency or reinstatement of the U.S. designation in accordance with
35 U.S.C. 120, 386(c) and 388. The ability to file a continuing
application is similarly provided in the rule governing the procedure
for revival of an abandoned national application. See 37 CFR 1.137(c).
Alternatively, § 1.1051(c) provides that the reply may be a
grantable petition under § 1.1052 to convert the international
design application to an application under 35 U.S.C. chapter 16.
Section 1.1052: Section 1.1052 is proposed to be added to set forth
a procedure for converting an international design application
designating the United States to a design application under 35 U.S.C.
chapter 16. Section 101(a) of the PLTIA adds 35 U.S.C. 384(a), the
second sentence of which provides: "[n]otwithstanding the provisions
of this part, any international design application designating the
United States that otherwise meets the requirements of chapter 16 may
be treated as a design application under chapter 16." 126 Stat. at
1529. The requirements for a filing date for a design application under
35 U.S.C. chapter 16 are set forth in § 1.53(b). Accordingly,
§ 1.1052(a) provides that an international design application designating
the United States filed with the Office as an office of indirect filing
and meeting the requirements under § 1.53(b) for a filing date for
an application for a design patent may, on petition under this section,
be converted to an application for a design patent under § 1.53(b)
and accorded a filing date as provided therein.
Section 1.1052(a) further provides that the petition must be
accompanied by the fee set forth in § 1.17(v) and be filed prior to
publication of the international registration under Article 10(3). The
requirement that a grantable petition be filed prior to publication
under Article 10(3) is necessary in view of the timing requirements
under the Hague Agreement to issue a notification of refusal and to
avoid expending Office resources processing and examining the
application under two different statutory schemes.
Section 1.1052(a) also provides that the conversion of an
international design application to an application for a design patent
under § 1.53(b) will not entitle applicant to a refund of the
transmittal fee or any fee forwarded to the International Bureau, or
the application of any such fee toward the filing fee, or any other
fee, for the application for a design patent under § 1.53(b). In
addition, § 1.1052(a) provides that the application for a design
patent resulting from conversion of an international design application
must also include the basic filing fee (§ 1.16(b)), the search fee
(§ 1.16(l)), the examination fee (§ 1.16(p)), the inventor's
oath or declaration (§§ 1.63 or 1.64), and a surcharge if
required by § 1.16(f). These provisions are similar to those
applicable to converting an application under 35 U.S.C. 111(b) to an
application under 35 U.S.C. 111(a). See § 1.53(c)(3).
Section 1.1052(b) provides that an international design application
will be treated as an application for a design patent under § 1.53(b)
if a decision on petition under this section is granted prior
to transmittal of the international design application to the
International Bureau pursuant to § 1.1045. Otherwise, a decision
granting a petition under this section will be effective to treat the
international design application as an application for a design patent
under § 1.53(b) only for purposes of the United States. Thus,
pursuant to § 1.1052(b), if the Office grants the petition prior to
transmittal of the international design application to the
International Bureau, the Office will treat the international design
application submission as an application for a design patent under
§ 1.53(b). Once transmittal of the application under § 1.1045
has occurred, the grant of the petition will only be effective as to
the United States, and the International Bureau will continue to
process the international design application under the provisions of
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the Hague Agreement.
Section 1.1052(c) provides that a petition under § 1.1052 will
not be granted in an abandoned international design application absent
a grantable petition under § 1.1051.
Sections 1.1061-1.1070 relate to national processing of an
international design application designating the United States.
Section 1.1061: Section 1.1061(a) is proposed to be added to
provide that the rules relating to applications for patents for other
inventions or discoveries are also applicable to international design
applications designating the United States, except as otherwise
provided in chapter I of Title 37 of the CFR or required by the
Articles or Regulations. Section 1.1061(a) is similar to current
§ 1.151 with respect to design applications under 35 U.S.C. chapter 16
("The rules relating to applications for patents for other inventions
or discoveries are also applicable to applications for patents for
designs except as otherwise provided."). Section 101(a) of the PLTIA
adds 35 U.S.C. 389(b) to provide that all questions of procedures
regarding international design applications designating the United
States shall be determined as in the case of applications filed under
35 U.S.C. chapter 16, except where otherwise required by the Hague
Agreement and the Regulations (126 Stat. at 1530). Section 1.1061(b) is
proposed to be added to identify, consistent with the Hague Agreement
and the Regulations, certain regulations that do not apply to
international design applications.
Section 1.1062: Section 1.1062(a) is proposed to be added to
provide that the Office shall make an examination pursuant to Title 35
of the United States Code of an international design application
designating the United States. Examination of international design
applications designating the United States is mandated by 35 U.S.C.
389(a), which was added by section 101(a) of the PLTIA (126 Stat. at
1530).
Section 1.1062(a) further provides, in accordance with Article
12(1), that an international design application may not be refused on
grounds that requirements relating to the form or contents of the
international design application provided for in the Hague Agreement or
the Regulations or additional to, or different from, those requirements
have not been satisfied.
Section 1.1062(b) concerns the timing of certain actions in
international design applications. Pursuant to Hague Agreement Article
12, where the conditions for the grant of protection under the law of
the Contracting Party are not met, a notification of refusal of the
effects of international registration must be communicated to the
International Bureau within the prescribed period. Rule 18(1) sets
forth the period for communicating the notification of refusal. While
Rule 18(1)(a) sets forth the prescribed period as six months from the
date of publication, this period may be extended by a Contracting Party
pursuant to a declaration made under Rule 18(1)(b) (extending the six-
month period to twelve months). Furthermore, the declaration under Rule
18(1)(b) may also include, inter alia, a statement under Rule
18(1)(c)(ii) (providing for the later communication of a decision
regarding the grant of protection where a decision regarding the grant
of protection was unintentionally delayed by the office of the
Contracting Party). Section 1.1062(b) is proposed to be added to
provide that for each international design application to be examined,
the Office shall, subject to Rule 18(1)(c)(ii), send to the
International Bureau within 12 months from the publication of the
international registration under Rule 26(3) a notification of refusal
(§ 1.1063) where it appears that the applicant is not entitled to a
patent under the law with respect to any industrial design that is the
subject of the international registration. The Office intends to send
all notifications of refusal prior to the expiration of the 12-month
period set forth in § 1.1062(b). Any failure by the Office to do so
would be unintentional pursuant to Rule 18(1)(c)(ii).
The Office does not regard the failure to send the notification of
refusal within the period referenced in § 1.1062(b) to confer
patent rights or other effect under Article 14(2). The Hague Agreement
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is not self-executing, and the PLTIA provides for patent rights only
upon issuance of a patent. See 35 U.S.C. 389(d) added by the PLTIA, 126
Stat. at 1531; see also S. Exec. Rep. No. 110-7, at 5 ("The proposed
Act makes no substantive changes in U.S. design patent law with the
exception of the following: the provision of limited rights to patent
applicants between the date that their international design application
is published by the IB and the date on which they are granted a U.S.
patent based on that application; the extension of a patent term for
designs from fourteen to fifteen years from grant; and allowing the
USPTO to use a published international design registration as a basis
for rejecting a subsequently filed national patent application that is
directed at the same or a similar subject matter."). Furthermore, the
PLTIA requires an international design application that designates the
United States to be examined by the Office pursuant to Title 35 of the
United States Code. See 35 U.S.C. 389(a). Granting of patent rights
without examination is inconsistent with 35 U.S.C. 389(a). The absence
of a notification of refusal is not a patent. See 35 U.S.C. 153
("Patents shall be issued in the name of the United States of America,
under the seal of the Patent and Trademark Office, and shall be signed
by the Director or have his signature placed thereon and shall be
recorded in the Patent and Trademark Office.").
Section 1.1063: Section 1.1063(a) is proposed to be added to
provide, in accordance with Rule 18(2), that a notification of refusal
shall contain or indicate: (1) The number of the international
registration; (2) the grounds on which the refusal is based; (3) where
the grounds of refusal refer to similarity with an industrial design
that is the subject of an earlier application or registration, a copy
of a reproduction of the earlier industrial design and information
concerning the earlier industrial design as required under Rule
18(2)(b)(iv); and (4) a time period for reply to the notification under
§ 1.134 and § 1.136 to avoid abandonment.
Pursuant to Article 12, the Office communicates the notification of
refusal directly to the International Bureau, which then transmits
without delay a copy of the notification of refusal to the holder. Rule
18(2)(vi) provides that the notification of refusal shall indicate
whether the refusal is subject to review or appeal, and if so, the time
limit for requesting review or appeal. Accordingly, the notification of
refusal communicated by the Office will set a time period for reply
under § 1.134 and § 1.136 to avoid abandonment.
Section 1.1063(b) is proposed to be added to provide that any reply
to the notification of refusal must be filed directly with the Office
and not through the International Bureau. Section 1.1063(b) further
provides that the requirements of § 1.111 shall apply to a reply to
a notification of refusal.
Under the Hague Agreement, any reply to the notification of refusal
must be filed directly with the Office. The applicant may not file a
reply to a notification of refusal through the International Bureau.
Any further correspondence from the Office will normally be sent
directly to the applicant. The procedures applicable to design
applications under chapter 16 are generally applicable to international
design applications after communication of the notification of refusal.
See Article 12(3)(b) and 35 U.S.C. 389(b); see also WIPO, Guide to the
International Registration of Industrial Designs Under the Hague
Agreement, B.II.39, ] 9.23 (Jan. 2012) ("Where the holder of an
international registration receives, through the International Bureau,
a notification of refusal, he has the same rights and remedies (such as
review of, or appeal against, the refusal) as if the industrial design
had been filed directly with the Office that issued the notification of
refusal. The international registration is, therefore, with respect to
the Contracting Party concerned, subject to the same procedures as
would apply to an application for registration filed with the Office of
that Contracting Party."). Thus, for example, the provisions of 35
U.S.C. 133 and §§ 1.134 through 1.136 govern the time to reply
to an Office action, including a notification of refusal, and the
consequence for failure to timely reply (i.e., abandonment).
Because the procedures following the notification of refusal are
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governed by national practice, the failure of an applicant to renew an
international registration pursuant to Article 17(2) does not affect
the pendency status of an international design application before the
Office. Otherwise, applicants in international design applications
would not have the same rights and remedies as applicants in national
design applications, as required under Article 12(3)(b) and
35 U.S.C. 389. Similarly, the failure to renew a registration under
Article 17(2) does not impact an applicant's ability to file a continuing
application under 35 U.S.C. 120, 121, 365(c) or 386(c), as the critical
inquiry under 35 U.S.C. 120 is the presence of copendency.
Section 1.1064: Section 1.1064 is proposed to be added to provide
for requirements relating to only one independent and distinct design
in international design applications.
Article 13 permits a Contracting Party whose law at the time it
becomes party to this Act, requires that designs in the application
conform to a requirement of unity of design, unity of production or
unity of use, or that only one independent and distinct design may be
claimed in a single application, to notify the Director General in a
declaration. Section 1.1064(a) is proposed to provide that only one
independent and distinct design may be claimed in an international
design application designating the United States.
Section 1.1064(b) specifies that if the requirements under
1.1064(a) are not satisfied, the examiner shall in the notification of
refusal or other Office action require the applicant in the reply to
that action to elect one independent and distinct design for which
prosecution on the merits shall be restricted. Section 1.1064(b)
further specifies that such requirement will normally be made before
any action on the merits but may be made at any time before the final
action. Review of any such requirement is provided under §§ 1.143 and
1.144. The procedure set forth in 1.1064(b) is analogous to
the procedures applicable to national applications. See § 1.142.
Section 1.1066: Section 1.1066 is proposed to be added to specify
the correspondence address for an international design application.
Unlike other types of applications before the Office, an applicant does
not need to file any further submissions with the Office to initiate
examination under § 1.1062 of an international design application
designating the United States. Rather, published international design
registrations that designate the United States will be systematically
received from the International Bureau and examined in due course.
Accordingly, § 1.1066(a) is proposed to set forth how the Office
will establish the correspondence address for an international design
application in the absence of a communication from the applicant
changing the correspondence address. Specifically, § 1.1066(a)
provides that, unless changed in accordance with § 1.1066(b), the
Office will use as the correspondence address the address of the
representative identified in the publication of the international
registration, or if there is no address for the representative, the
address of the applicant identified therein.
Section 1.1066(b) provides that the correspondence address may
be changed by the parties set forth in § 1.33(b)(1) or (b)(3) in
accordance with § 1.33(a).
Section 1.1066(c) is proposed to be added to provide that a
reference in the rules to the correspondence address set forth in
§ 1.33(a) shall be construed to include a reference to § 1.1066 for a
nonprovisional application that is an international design application.
Section 1.1067: Section 1.1067(a) is proposed to be added to
provide for a title in an international design application. The Hague
Agreement does not require that an international design application
contain a title. The Office believes a title that identifies the
article in which a design is embodied is helpful to the public in
understanding the nature and use of the article embodying the design
after the patent has issued. In addition, a U.S. patent must contain a
title of the invention. See 35 U.S.C. 154(a)(1) ("Every patent shall
contain a short title of the invention . . ."). Accordingly, pursuant
to § 1.1067(a), the applicant may provide a title of the design
that designates the particular article in an international design
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application that is before the Office for examination. Section
1.1067(a) further provides that where an international design
application does not contain a title of the design, the Office may
establish a title. In determining the title, the Office may look to the
particular article specified in the claim.
Section 1.1067(b) is proposed to be added to provide that if the
applicant is notified in a notice of allowability that an oath or
declaration in compliance with § 1.63, or substitute statement in
compliance with § 1.64, executed by or with respect to each named
inventor has not been filed, the applicant must file each required oath
or declaration in compliance with § 1.63, or substitute statement
in compliance with § 1.64, no later than the date on which the
issue fee is paid to avoid abandonment. This time period is not
extendable under § 1.136. As explained above, Hague Agreement Rule
8, as recently passed by the Hague Union Assembly, accommodates current
U.S. law regarding the inventor's oath or declaration. Where the
presence of the required inventor's oath or declaration is verified by
the International Bureau as part of its formalities review, the need to
notify the applicant in a notice of allowability to provide the
inventor's oath or declaration should be rare; e.g., where an inventor
added pursuant to § 1.48(a) has not executed an oath or
declaration. See § 1.48(b).
Section 1.1069: Section 1.1069 is proposed to be added to provide
for the sending of a notification of division to the International
Bureau. Under Rule 18(3), where an international registration is
divided before the office of a designated Contracting Party to overcome
a ground of refusal stated in a notification of refusal, the office
must notify the International Bureau with data concerning the division
as specified in Administrative Instruction 502 ("notification of
division"). Accordingly, § 1.1069(a) is proposed to be added to
provide for the notification of division required under Rule 18.
Section 1.1069(a) provides that where, following a notification of
refusal requiring an election of an independent and distinct design, a
divisional application claiming benefit under 35 U.S.C. 386(c) and 121
to the international design application is filed for the non-elected
design(s), the Office shall notify the International Bureau. Section
1.1069(a) further provides that the notification to the International
Bureau shall indicate: (1) The number of the international registration
concerned; (2) the numbers of the industrial designs which have been
the subject of the division with the Office concerned; and (3) the
divisional application number(s).
Section 1.1069(b) is proposed to be added to provide that the
Office may require the applicant, in a divisional application that is
subject to a notification under § 1.1069(a), to identify the design
in the international design application that is the subject of the
divisional application. Because an international design application may
contain up to 100 designs (see Rule 7(3)(v)) and, furthermore, uses a
different numbering system for reproductions than is used in design
applications filed under 35 U.S.C. chapter 16 (see Administrative
Instruction 405 of the Hague Agreement), in some cases it may not be
readily apparent how the design in the divisional application
corresponds to the design of the parent international design
application for purposes of the notification of division. Accordingly,
in such cases, the Office may seek applicant's assistance to identify
the corresponding design pursuant to § 1.1069(b).
Section 1.1070: Section 1.1070 is proposed to be added to provide
for the sending of a notification of invalidation to the International
Bureau. Article 15 provides that the office of the Contracting Party in
whose territory the effects of the international registration have been
invalidated shall, where it is aware of the invalidation, notify the
International Bureau of the invalidation ("notification of
invalidation"). Rule 20 provides that where the effects of an
international registration are invalidated in a designated Contracting
Party and the invalidation is no longer subject to any review or
appeal, the office of the Contracting Party whose competent authority
has pronounced the invalidation shall, where it is aware of the
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invalidation, notify the International Bureau accordingly. Rule 20
further specifies the required contents of the notification of
invalidation. In accordance with Article 15 and Rule 20, § 1.1070(a)
provides that where a design patent that was granted from an
international design application is invalidated in the United States,
and the invalidation is no longer subject to any review or appeal, the
patentee shall inform the Office. Section 1.1070(b) provides that after
receiving a notification of invalidation under § 1.1070(a) or
through other means, the Office will notify the International Bureau in
accordance with Rule 20.
Section 3.1: Section 3.1 is proposed to be amended to include an
international design application that designates the United States of
America within the definition of "application" for purposes of Part 3
of Title 37 of the CFR. The effect of this definitional change will
allow assignments (or other documents affecting title) of international
design applications that designate the United States to be submitted to
the Office for recording. The proposed change to § 3.1 is in
response to 35 U.S.C. 385, added under the PLTIA, which provides that
an international design application designating the United States has
the effect, for all purposes, of an application for patent filed in the
Office pursuant to 35 U.S.C. chapter 16. 126 Stat. at 1529.
Section 3.21: Section 3.21 is proposed to be amended to provide
that an assignment relating to an international design application that
designates the United States must identify the international design
application by the international registration number or by the U.S.
application number assigned to the international design application.
Section 5.1: Section 5.1(b) is proposed to be amended to change the
definition of "application" as used in Part 5 of Title 37 of the CFR
to include international design applications, and to provide
consistency with the definitions in § 1.9. Section 5.1(b) is also
proposed to be amended to include a definition of "foreign
application" to permit simplification of other rules contained in Part
5.
Section 5.3: Section 5.3(d) is proposed to be amended to clarify
that an international design application that is subject to a secrecy
order will not be mailed, delivered, or otherwise transmitted to the
international authorities or the applicant.
Section 5.11: The title of § 5.11 is proposed to be amended to
more accurately describe when a foreign filing license is required.
Section 5.11(a) is also proposed to be amended to clarify that a
foreign filing license is not required to file an international design
application in the Office as an office of indirect filing. Sections
5.11(b), (c), (e) and (f) are proposed to be amended to change
"foreign patent application" to "foreign application," as the
provisions of 35 U.S.C. 184 are not limited to "patent" applications
but include other types of applications; e.g., registrations of
industrial designs.
Section 5.12: Section 5.12 is proposed to be amended for
consistency with the definition of application in § 5.1(b), and to
indicate that the grant of a foreign filing license may be on an
official notice other than the filing receipt; e.g., in the case of
international applications filed under the Patent Cooperation Treaty,
on the "Notification of the International Application Number and of
the International Filing Date" (Form PCT/RO/105).
Section 5.13: Section 5.13 is proposed to be amended to provide
that a "corresponding" application for purposes of this section may
be an international design application.
Section 5.14: Section 5.14(c) is proposed to be amended for clarity
and internal consistency, as this subsection is directed to an
"application to be filed or exported abroad."
Section 5.15: Section 5.15(a) is proposed to be amended for
consistency with the definition of "application" in 5.1(b) and to
remove redundancies.
Section 11.10: Section 11.10(b)(3)(iii) is proposed to be amended
to include international design application in the definition of patent
application for purposes of § 11.10.
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Rulemaking Considerations
A. Administrative Procedure Act: This rulemaking implements title I
of the PLTIA and the Hague Agreement. The changes proposed in this
rulemaking (except for the setting of some fees) establish procedures
for the filing, processing, and examination of international design
applications and revise existing rules of practice to account for
international design applications in accordance with title I of the
PLTIA and to ensure that the rules of practice are consistent with the
Hague Agreement. Therefore, the changes proposed in this rulemaking
involve rules of agency practice and procedure, and/or interpretive
rules. See Bachow Commc'ns Inc. v. FCC, 237 F.3d 683, 690 (D.C. Cir.
2001) (rules governing an application process are procedural under the
Administrative Procedure Act); Inova Alexandria Hosp. v. Shalala, 244
F.3d 342, 350 (4th Cir. 2001) (rules for handling appeals are
procedural where they do not change the substantive standard for
reviewing claims); Nat'l Org. of Veterans' Advocates v. Sec'y of
Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (rule that
clarifies interpretation of a statute is interpretive).
Accordingly, prior notice and opportunity for public comment for
these proposed changes are not required pursuant to 5 U.S.C. 553(b) or
(c) (or any other law). See Cooper Techs. Co. v. Dudas, 536 F.3d 1330,
1336-37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C.
2(b)(2)(B), does not require notice and comment rulemaking for
"interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice") (quoting 5 U.S.C.
553(b)(A)). The Office, however, is publishing these proposed changes
for comment as it seeks the benefit of the public's views on the
Office's proposed implementation of title I of the PLTIA and the Hague
Agreement.
B. Regulatory Flexibility Act: For the reasons set forth herein,
the Deputy General Counsel for General Law of the United States Patent
and Trademark Office has certified to the Chief Counsel for Advocacy of
the Small Business Administration that changes proposed in this notice
will not have a significant economic impact on a substantial number of
small entities. See 5 U.S.C. 605(b).
The notable changes proposed in this notice are to revise the rules
of practice to implement title I of the PLTIA. The changes to the rules
of practice proposed in this notice involve: (1) The establishment of
procedures for the filing, processing, and examination of international
design applications; and (2) the revision of existing rules of practice
to account for international design applications. The proposed rules
impose no additional required burdens on any applicant, since seeking
design protection by filing an international design application is
merely an optional alternative to seeking design protection by filing a
national design application. The proposed rules will benefit applicants
by streamlining the process for obtaining international protection of an
industrial design in Contracting Parties to the Hague Agreement by the
filing of a single, standardized international design application in a
single language.
As of 2013, there are 60 Contracting Parties that are members to
the Hague system. In 2011, the most recent year available, 2,531
international design applications were filed via the Hague system. In
that same year, 2,363 international design registrations issued through
the Hague system. In comparison, the USPTO received 32,799 design
applications in 2012, the most recent year for which data is available.
In 2012, the USPTO issued 21,951 design patents. Approximately 49.6% of
the design applications filed in 2012 were filed by an entity claiming
small entity status. None of the proposed rules disproportionately
affect small entities.
The fees and requirements referenced in this proposed rulemaking do
not have a significant economic impact because they are comparable to
the fees and requirements an applicant has in a national design
application. Section 385 requires that an "international design
application designating the United States shall have the effect, for
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all purposes from its filing date . . . of an application for patent
filed in the Patent and Trademark Office pursuant to chapter 16." Such
fees include an issue fee, if applicable, and paid directly to the
USPTO, and a petition fee for review of a filing date.
The USPTO proposes to set only two new fees based on cost recovery,
as discussed in further detail in prior sections: A transmittal fee,
payable to the USPTO for transmitting the international design
application to WIPO when an applicant files the application with the
USPTO as an office of indirect filing, and a conversion fee when an
applicant seeks to have the Office treat an international design
application as a national design application under 35 U.S.C. chapter
16. The transmittal fee is proposed to be set at $130. The USPTO
estimates that approximately 1,000 applications will be filed
indirectly with the USPTO annually and will thus require payment of a
transmittal fee. Of these, the Office estimates that approximately 500
will be filed by an entity that is a small entity based on USPTO design
application filings in 2012. The conversion fee is proposed to be set
at $180. The USPTO estimates that approximately 20 applicants will pay
the conversion fee annually, and of these, approximately 10 will be
filed by an applicant that is a small entity.
The other fees mentioned in this proposed rulemaking are not USPTO
fees at all, but rather, are created through the treaty process and
WIPO's Common Regulations. For example, the USPTO does not collect and
retain at the time of payment the following fees: WIPO Basic Fee, WIPO
Publication Fee, WIPO Extra Word Fee, and Designation Fees (including
the United States individual designation fee first part). Thus, the
proposed rules referencing non-USPTO fees impose no economic impact
upon applicants. The petition fee for excusable delay is set forth by
statute, 35 U.S.C. 41(a)(7), as amended by 202(b)(1)(A) of the PLTIA,
126 Stat. 1535, at $850 for small entities and $1,700 for all other
entities, beginning on December 18, 2013.
For the foregoing reasons, the changes proposed in this notice will
not have a significant economic impact on a substantial number of small
entities.
C. Executive Order 12866 (Regulatory Planning and Review): This
rulemaking has been determined to be significant for purposes of
Executive Order 12866 (Sept. 30, 1993).
D. Executive Order 13563 (Improving Regulation and Regulatory
Review): The Office has complied with Executive Order 13563.
Specifically, the Office has, to the extent feasible and applicable:
(1) Made a reasoned determination that the benefits justify the costs
of the rule; (2) tailored the rule to impose the least burden on
society consistent with obtaining the regulatory objectives; (3)
selected a regulatory approach that maximizes net benefits; (4)
specified performance objectives; (5) identified and assessed available
alternatives; (6) involved the public in an open exchange of
information and perspectives among experts in relevant disciplines,
affected stakeholders in the private sector and the public as a whole,
and provided on-line access to the rulemaking docket; (7) attempted to
promote coordination, simplification, and harmonization across
government agencies and identified goals designed to promote
innovation; (8) considered approaches that reduce burdens and maintain
flexibility and freedom of choice for the public; and (9) ensured the
objectivity of scientific and technological information and processes.
E. Executive Order 13132 (Federalism): This rulemaking does not
contain policies with federalism implications sufficient to warrant
preparation of a Federalism Assessment under Executive Order 13132
(Aug. 4, 1999).
F. Executive Order 13175 (Tribal Consultation): This rulemaking
will not: (1) Have substantial direct effects on one or more Indian
tribes; (2) impose substantial direct compliance costs on Indian tribal
governments; or (3) preempt tribal law. Therefore, a tribal summary
impact statement is not required under Executive Order 13175 (Nov. 6,
2000).
G. Executive Order 13211 (Energy Effects): This rulemaking is not a
significant energy action under Executive Order 13211 because this
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rulemaking is not likely to have a significant adverse effect on the
supply, distribution, or use of energy. Therefore, a Statement of
Energy Effects is not required under Executive Order 13211 (May 18,
2001).
H. Executive Order 12988 (Civil Justice Reform): This rulemaking
meets applicable standards to minimize litigation, eliminate ambiguity,
and reduce burden as set forth in sections 3(a) and 3(b)(2) of
Executive Order 12988 (Feb. 5, 1996).
I. Executive Order 13045 (Protection of Children): This rulemaking
does not concern an environmental risk to health or safety that may
disproportionately affect children under Executive Order 13045 (Apr.
21, 1997).
J. Executive Order 12630 (Taking of Private Property): This
rulemaking will not affect a taking of private property or otherwise
have taking implications under Executive Order 12630 (Mar. 15, 1988).
K. Congressional Review Act: Under the Congressional Review Act
provisions of the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the
United States Patent and Trademark Office will submit a report
containing the final rule and other required information to the United
States Senate, the United States House of Representatives, and the
Comptroller General of the Government Accountability Office. The
changes in this notice are not expected to result in an annual effect
on the economy of 100 million dollars or more, a major increase in
costs or prices, or significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises in domestic and export markets. Therefore, this notice is
not expected to result in a "major rule" as defined in 5 U.S.C.
804(2).
L. Unfunded Mandates Reform Act of 1995: The changes set forth in
this notice do not involve a Federal intergovernmental mandate that
will result in the expenditure by State, local,
and tribal governments, in the aggregate, of 100 million dollars (as
adjusted) or more in any one year, or a Federal private sector mandate
that will result in the expenditure by the private sector of 100
million dollars (as adjusted) or more in any one year, and will not
significantly or uniquely affect small governments. Therefore, no
actions are necessary under the provisions of the Unfunded Mandates
Reform Act of 1995. See 2 U.S.C. 1501 et seq.
M. National Environmental Policy Act: This rulemaking will not have
any effect on the quality of the environment and is thus categorically
excluded from review under the National Environmental Policy Act of
1969. See 42 U.S.C. 4321 et seq.
N. National Technology Transfer and Advancement Act: The
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because
this rulemaking does not contain provisions that involve the use of
technical standards.
O. Paperwork Reduction Act: The Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) requires that the Office consider the impact of
paperwork and other information collection burdens imposed on the
public. This rulemaking involves information collection requirements
which are subject to review by the Office of Management and Budget
(OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3549).
New information will be collected and a new information collection
request to authorize the collection of new information involved in this
notice is being submitted to OMB under the title "Hague Agreement."
The proposed collection will be available at the OMB's Information
Collection Review Web site (www.reginfo.gov/public/do/PRAMain).
The Office is submitting the information collection to OMB for its
review and approval because this notice of proposed rulemaking will add
the following to a collection of information for an international
design application filed through the Office:
(1) Application for International Registration (§ 1.1022)
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(2) Claim and Reproductions (§ 1.1021)
(3) Transmittal Letter (§§ 1.4, 1.5)
(4) Appointment of a Representative (§ 1.1041)
(5) Petition to Excuse a Failure to Comply with a Time Limit (§ 1.1051)
(6) Petition to Convert to a Design Application under 35 U.S.C. chapter
16 (§ 1.1052)
(7) Petition to Review a Filing Date (§ 1.1023(b))
(8) Fee Authorization (§ 1.25)
(9) Petition to the Commissioner (§§ 1.181, 182, and 183)
I. Summary
The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends
the patent laws to implement the provisions of the Geneva Act of the
Hague Agreement Concerning International Registration of Industrial
Designs (Hague Agreement) in title I, and the Patent Law Treaty (PLT)
in title II. The Hague Agreement facilitates intellectual property
protection for industrial designs by creators in member countries and
intergovernmental organizations that are Contracting Parties to the
Hague Agreement through a single standardized application filed
directly with the International Bureau (IB) of the World Intellectual
Property Organization (WIPO) or indirectly through an appropriate
Contracting Party's Office, such as the United States Patent and
Trademark Office. It is administered by the IB of WIPO located in
Geneva, Switzerland.
Thus, under the Hague Agreement, a U.S. design applicant could file
an international design application in English with the USPTO, which
will forward the application to the IB. The industrial design may be
eligible for protection both domestically and abroad in all Contracting
Parties to the Agreement.
The IB ascertains whether the international design application
complies with formal requirements, records the international design
application in the international register, and publishes the
international registration in the International Designs Bulletin. The
international registration contains all of the data of the
international application, any reproduction of the industrial design,
date of the international registration, number of the international
registration, and relevant class of the International Classification.
The IB will provide a copy of the publication of the international
registration to each Contracting Party designated by the applicant. A
designated Contracting Party may perform a substantive examination of
the design application. If designated, the Office will perform a
substantive examination of patentability of the international design
application, as in the case of a regular design application filed under
35 U.S.C. chapter 16.
The Hague Agreement enables applicants from a Contracting Party to
obtain protection of their designs with minimal formality and expense.
Additionally, under the Hague Agreement, the international registration
can be centrally maintained by the IB. For example, through the IB,
applicants can record changes of their representative or changes in
ownership, and renew their international registration.
II. Data
Needs and Uses: This information collection is necessary for design
applicants to file an international design application under the Hague
Agreement through the Office as an office of indirect filing pursuant
35 U.S.C. 382. The Office uses this information to process the
international design application under the Hague Agreement and forward
the design application to the IB. The IB ascertains whether the
international application complies with the formal requirements,
records the international design application in the international
register, and publishes the international design application.
Title of Collection: International Design Applications (Hague
Agreement).
OMB Control Number: 0651-00xx.
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Form Number(s): WIPO DM/1.
Type of Review: New Collection.
Method of Collection: By mail, facsimile, hand delivery, or
electronically to the Office.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: 3,310.
Estimated Time per Response: The Office estimates that the
responses in this collection will take the public approximately 15
minutes (0.25 hours) to 6 hours.
Estimated Total Annual Respondent Burden Hours: 12,315 hours per
year.
Estimated Total Annual Respondent Cost Burden: $4,790,535 per year.
Estimated Total Annual Non-hour Respondent Cost Burden: $2,403,302
per year.
III. Solicitation
The Office is soliciting comments to: (1) Evaluate whether the
proposed information requirement is necessary for the proper
performance of the functions of the Office, including whether the
information will have practical utility; (2) evaluate the accuracy of
the Office's estimate of the burden, including the validity of the
methodology and assumptions used; (3) enhance the quality, utility, and
clarity of the information to be collected; and (4) minimize the burden
of collecting the information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology; e.g., permitting electronic submission of responses.
Interested persons are requested to send comments regarding this
information collection by January 28, 2014, to: (1) The Office of
Information and Regulatory Affairs, Office of Management and Budget,
New Executive Office Building, Room 10202, 725 17th Street NW.,
Washington, DC 20503, Attention: Desk Officer for the United States
Patent and Trademark Office; and (2) The Office of PCT Legal
Administration by electronic mail message over the Internet addressed
to rbacares@uspto.gov, or by mail addressed to: Mail Stop PCT,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450,
marked to the attention of "Rafael Bacares, Legal Examiner, Office of
PCT Legal Administration International Design Applications (Hague
Agreement)."
List of Subjects
37 CFR Part 1
Administrative practice and procedure, Inventions and patents,
Reporting and recordkeeping requirements, Small businesses.
37 CFR Part 3
Administrative practice and procedure, Patents, Trademarks.
37 CFR Part 5
Classified information, Foreign relations, Inventions and patents.
37 CFR Part 11
Administrative practice and procedure, Inventions and patents,
Lawyers, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 37 CFR parts 1, 3, 5 and
11 are proposed to be amended as follows:
PART 1 - RULES OF PRACTICE IN PATENT CASES
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. 1. The authority citation for 37 CFR part 1 is amended to read as follows:
Authority: 35 U.S.C. 2(b)(2) and the Patent Law Treaties
Implementation Act of 2012.
. 2. Section 1.4 is amended by revising paragraph (a)(2) to read as follows:
§ 1.4 Nature of correspondence and signature requirements.
(a) * * *
(1) * * *
(2) Correspondence in and relating to a particular application or
other proceeding in the Office. See particularly the rules relating to
the filing, processing, or other proceedings of national applications
in subpart B, §§ 1.31 to 1.378; of international applications
in subpart C, §§ 1.401 to 1.499; of ex parte reexaminations of
patents in subpart D, §§ 1.501 to 1.570; of international
design applications in subpart I, §§ 1.1001 to 1.1070; of
extension of patent term in subpart F, §§ 1.710 to 1.785; of
inter partes reexaminations of patents in subpart H, §§ 1.902
to 1.997; and of the Patent Trial and Appeal Board in parts 41 and 42
of this title.
* * * * *
. 3. Section 1.5 is amended by revising paragraph (a) to read as follows:
§ 1.5 Identification of patent, patent application, or patent-
related proceeding.
(a) No correspondence relating to an application should be filed
prior to receipt of the assigned application number (i.e., U.S.
application number, international application number, or international
registration number as appropriate). When correspondence directed to
the Patent and Trademark Office concerns a previously filed application
for a patent, it must identify on the top page in a conspicuous
location, the application number (consisting of the series code and the
serial number; e.g., 07/123,456), or the serial number and filing date
assigned to that application by the Patent and Trademark Office, or the
international application number of the international application, or
the international registration number of an international design
application. Any correspondence not containing such identification will
be returned to the sender where a return address is available. The
returned correspondence will be accompanied with a cover letter which
will indicate to the sender that if the returned correspondence is
resubmitted to the Patent and Trademark Office within two weeks of the
mail date on the cover letter, the original date of receipt of the
correspondence will be considered by the Patent and Trademark Office as
the date of receipt of the correspondence. Applicants may use either
the Certificate of Mailing or Transmission procedure under § 1.8 or
the Express Mail procedure under § 1.10 for resubmissions of
returned correspondence if they desire to have the benefit of the date
of deposit in the United States Postal Service. If the returned
correspondence is not resubmitted within the two-week period, the date
of receipt of the resubmission will be considered to be the date of
receipt of the correspondence. The two-week period to resubmit the
returned correspondence will not be extended. In addition to the
application number, all correspondence directed to the Patent and
Trademark Office concerning applications for patent should also state
the name of the first listed inventor, the title of the invention, the
date of filing the same, and if known, the group art unit or other unit
within the Patent and Trademark Office responsible for considering the
correspondence and the name of the examiner or other person to which it
has been assigned.
* * * * *
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. 4. Section 1.6 is amended by revising paragraphs (d)(3), (d)(4), and
(d)(6) to read as follows:
§ 1.6 Receipt of correspondence.
* * * * *
(d) * * *
(3) Correspondence that cannot receive the benefit of the certificate
of mailing or transmission as specified in § 1.8(a)(2)(i)(A) through (D),
(F), (I), and (K) and § 1.8(a)(2)(iii)(A), except that a continued
prosecution application under § 1.53(d) may be transmitted to the Office
by facsimile;
(4) Color drawings submitted under §§ 1.81, 1.83 through 1.85, 1.152,
1.165, 1.173, 1.437, or 1.1026;
* * * * *
(6) Correspondence to be filed in an application subject to a
secrecy order under §§ 5.1 through 5.5 of this chapter and
directly related to the secrecy order content of the application;
* * * * *
. 5. Section 1.8 is amended by revising paragraphs (a)(2)(i)(I) and
(a)(2)(i)(J), and adding a new paragraph (a)(2)(i)(K), to read as
follows:
§ 1.8 Certificate of mailing or transmission.
(a) * * *
(2) * * *
(i) * * *
(I) The filing of a third-party submission under § 1.290;
(J) The calculation of any period of adjustment, as specified in
§ 1.703(f); and
(K) The filing of an international design application.
* * * * *
. 6. Section 1.9 is amended by revising paragraphs (a)(1) and (a)(3), and
adding new paragraphs (l), (m), and (n) to read as follows:
§ 1.9 Definitions.
(a) * * *
(1) A national application as used in this chapter means either a
U.S. application for patent which was filedin the Office under 35 U.S.C.
111, an international application filed under the Patent Cooperation Treaty
in which the basic national fee under 35 U.S.C. 41(a)(1)(F) has been paid,
or an international design application filed under the Hague Agreement in
which the Office has received a copy of the international registration
pursuant to Hague Agreement Article 10.
* * * * *
(3) A nonprovisional application as used in this chapter means
either a U.S. national application for patent which was filed in the
Office under 35 U.S.C. 111(a), an international application filed under
the Patent Cooperation Treaty in which the basic national fee under 35
U.S.C. 41(a)(1)(F) has been paid, or an international design
application filed under the Hague Agreement in which the Office has
received a copy of the international registration pursuant to Hague
Agreement Article 10.
* * * * *
(l) Hague Agreement as used in this chapter means the Geneva Act of
the Hague Agreement Concerning the International Registration of
Industrial Designs adopted at Geneva, Switzerland, on July 2, 1999, and
Hague Agreement Article as used in this chapter means an Article under
the Hague Agreement.
(m) Hague Agreement Regulations as used in this chapter means the
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Common Regulations Under the 1999 Act and the 1960 Act of the Hague
Agreement; and Hague Agreement Rule as used in this chapter means one
of the Hague Agreement Regulations.
(n) An international design application as used in this chapter
means an application for international registration of a design filed
under the Hague Agreement. Unless otherwise clear from the wording,
reference to "design application" or "application for a design
patent" in this chapter includes an international design application
that designates the United States.
. 7. Section 1.14 is amended by revising the introductory text of
paragraph (a)(1), revising paragraphs (a)(1)(ii) through (a)(1)(vii),
and adding a new paragraph (j), to read as follows:
§ 1.14 Patent applications preserved in confidence.
(a) * * *
(1) Records associated with patent applications (see paragraph (g)
for international applications and paragraph (j) for international
design applications) may be available in the following situations:
* * * * *
(ii) Published abandoned applications. The file of an abandoned
published application is available to the public as set forth in
§ 1.11(a). A copy of the application-as-filed, the file contents of the
published application, or a specific document in the file of the
published application may be provided to any person upon request, and
payment of the appropriate fee set forth in § 1.19(b).
(iii) Published pending applications. A copy of the application-as-
filed, the file contents of the application, or a specific document in
the file of a pending published application may be provided to any
person upon request, and payment of the appropriate fee set forth in
§ 1.19(b). If a redacted copy of the application was used for the
patent application publication, the copy of the specification,
drawings, and papers may be limited to a redacted copy. The Office will
not provide access to the paper file of a pending application that has
been published, except as provided in paragraph (c) or (i) of this
section.
(iv) Unpublished abandoned applications (including provisional
applications) that are identified or relied upon. The file contents of
an unpublished, abandoned application may be made available to the
public if the application is identified in a U.S. patent, a statutory
invention registration, a U.S. patent application publication, an
international publication of an international application under PCT
Article 21(2), or a publication of an international registration under
Hague Agreement Article 10(3). An application is considered to have
been identified in a document, such as a patent, when the application
number or serial number and filing date, first named inventor, title
and filing date or other application specific information are provided
in the text of the patent, but not when the same identification is made
in a paper in the file contents of the patent and is not included in
the printed patent. Also, the file contents may be made available to
the public, upon a written request, if benefit of the abandoned
application is claimed under 35 U.S.C. 119(e), 120, 121, 365(c), or
386(c) in an application that has issued as a U.S. patent, or has
published as a statutory invention registration, a U.S. patent
application publication, an international publication of an
international application under PCT Article 21(2), or a publication of
an international registration under Hague Agreement Article 10(3). A
copy of the application-as-filed, the file contents of the application,
or a specific document in the file of the application may be provided
to any person upon written request, and payment of the appropriate fee
(§ 1.19(b)).
(v) Unpublished pending applications (including provisional
applications) whose benefit is claimed. A copy of the file contents of
an unpublished pending application may be provided to any person, upon
written request and payment of the appropriate fee (§ 1.19(b)), if
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the benefit of the application is claimed under 35 U.S.C. 119(e), 120,
121, 365(c), or 386(c) in an application that has issued as a U.S.
patent, or in an application that has published as a statutory
invention registration, a U.S. patent application publication, an
international publication of an international application under PCT
Article 21(2), or a publication of an international registration under
Hague Agreement Article 10(3). A copy of the application-as-filed, or a
specific document in the file of the pending application may also be
provided to any person upon written request, and payment of the
appropriate fee (§ 1.19(b)). The Office will not provide access to the
paper file of a pending application, except as provided in paragraph
(c) or (i) of this section.
(vi) Unpublished pending applications (including provisional
applications) that are incorporated by reference or otherwise
identified. A copy of the application as originally filed of an
unpublished pending application may be provided to any person, upon
written request and payment of the appropriate fee (§ 1.19(b)), if
the application is incorporated by reference or otherwise identified in
a U.S. patent, a statutory invention registration, a U.S. patent
application publication, an international publication of an
international application under PCT Article 21(2), or a publication of
an international registration under Hague Agreement Article 10(3). The
Office will not provide access to the paper file of a pending
application, except as provided in paragraph (c) or (i) of this
section.
(vii) When a petition for access or a power to inspect is required.
Applications that were not published or patented, that are not the
subject of a benefit claim under 35 U.S.C. 119(e), 120, 121, 365(c), or
386(c) in an application that has issued as a U.S. patent, an
application that has published as a statutory invention registration, a
U.S. patent application publication, an international publication of an
international application under PCT Article 21(2), or a publication of
an international registration under Hague Agreement Article 10(3), or
are not identified in a U.S. patent, a statutory invention registration,
a U.S. patent application publication, an international publication of an
international application under PCT Article 21(2), or a publication of
an international registration under Hague Agreement Article 10(3), are not
available to the public. If an application is identified in the file
contents of another application, but not the published patent application
or patent itself, a granted petition for access (see paragraph (i)) or a
power to inspect (see paragraph (c)) is necessary to obtain the
application, or a copy of the application.
* * * * *
(j) International design applications.
(1) With respect to an international design application maintained
by the Office in its capacity as a designated office (§ 1.1003) for
national processing, the records associated with the international
design application may be made available as provided under paragraphs
(a) through (i) of this section.
(2) With respect to an international design application maintained
by the Office in its capacity as an office of indirect filing (§ 1.1002),
the records of the international design application may be available under
paragraph (j)(1) of this section where contained in the file of the
international design application maintained by the Office for national
processing. Also, if benefit of the international design application is
claimed under 35 U.S.C. 386(c) in a U.S. patent or published application,
the file contents may be made available to the public, or a copy of the
application-as-filed, the file contents of the application, or a specific
document in the file of the application may be provided to any person upon
written request, and payment of the appropriate fee (§ 1.19(b)).
. 8. Section 1.16 is amended by revising the introductory text of
paragraphs (b), (l) and (p) to read as follows:
§ 1.16 National application filing, search, and examination fees.
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* * * * *
(b) Basic fee for filing each application under 35 U.S.C. 111 for
an original design patent:
* * * * *
(l) Search fee for each application under 35 U.S.C. 111 for an
original design patent:
* * * * *
(p) Examination fee for each application under 35 U.S.C. 111 for an
original design patent:
* * * * *
. 9. Section 1.17 is amended by revising paragraph (f) and adding new
paragraphs (u) and (v) to read as follows:
§ 1.17 Patent application and reexamination processing fees.
* * * * *
(f) For filing a petition under one of the following sections which
refers to this paragraph:
By a micro entity (§ 1.29) - $100.00
By a small entity (§ 1.27(a)) - $200.00
By other than a small or micro entity - $400.00
§ 1.36(a) - for revocation of a power of attorney by fewer than
all of the applicants.
§ 1.53(e) - to accord a filing date.
§ 1.57(a) - to accord a filing date.
§ 1.182 - for decision on a question not specifically provided
for.
§ 1.183 - to suspend the rules.
§ 1.378(e) - for reconsideration of decision on petition
refusing to accept delayed payment of maintenance fee in an expired
patent.
§ 1.741(b) - to accord a filing date to an application under
§ 1.740 for extension of a patent term.
§ 1.1023 - to review the filing date of an international design
application.
* * * * *
(u) For filing a petition to excuse applicant's failure to act
within prescribed time limits in an international design application
(35 U.S.C. 387 and § 1.1051):
By a small entity (§ 1.27(a)) - $850.00
By other than a small entity - $1,700.00
(v) For filing a petition to convert an international design
application to a design application under 35 U.S.C. chapter 16 (35
U.S.C. 384 and § 1.1052) - $180.00
. 10. Section 1.18 is amended by adding a new paragraph (b)(3) to read as
follows:
§ 1.18 Patent post allowance (including issue) fees.
* * * * *
(b) * * *
(3) For an international design application designating the United
States, where an issue fee is paid through the International Bureau
(Hague Agreement Rule 12(3)(c)) as an alternative to paying the issue
fee under paragraph (b)(1): The amount specified on the Web site of the
World Intellectual Property Organization, available at:
http://www.wipo.int/hague.
* * * * *
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. 11. Section 1.25 is amended by revising the first sentence of paragraph
(b) to read as follows:
§ 1.25 Deposit accounts.
* * * * *
(b) Filing, issue, appeal, international-type search report,
international application processing, international design application
fees (§ 1.1031), petition, and post-issuance fees may be charged
against these accounts if sufficient funds are on deposit to cover such
fees. * * *
* * * * *
. 12. Section 1.27 is amended by revising paragraph (c)(3) to read as
follows:
§ 1.27 Definition of small entities and establishing status as a
small entity to permit payment of small entity fees; when a
determination of entitlement to small entity status and notification of
loss of entitlement to small entity status are required; fraud on the
Office.
* * * * *
(c) * * *
(3) Assertion by payment of the small entity basic filing, basic
transmittal, basic national fee, or international search fee. The
payment, by any party, of the exact amount of one of the small entity
basic filing fees set forth in §§ 1.16(a), 1.16(b), 1.16(c),
1.16(d), 1.16(e), the small entity transmittal fee set forth in
§ 1.445(a)(1), the small entity international search fee set forth in
§ 1.445(a)(2) to a Receiving Office other than the United States
Receiving Office in the exact amount established for that Receiving
Office pursuant to PCT Rule 16, the small entity first part of the
individual designation fee for the United States (Hague Agreement Rule
12(1)(a)(iii)) to the International Bureau in an international design
application, or the small entity basic national fee set forth in
§ 1.492(a), will be treated as a written assertion of entitlement to
small entity status even if the type of basic filing, basic
transmittal, or basic national fee is inadvertently selected in error.
* * * * *
. 13. Section 1.29 is amended by revising the first sentence of paragraph
(e) to read as follows:
§ 1.29 Micro entity status.
* * * * *
(e) Micro entity status is established in an application by filing
a micro entity certification in writing complying with the requirements
of either paragraph (a) or paragraph (d) of this section and signed
either in compliance with § 1.33(b) or in an international design
application by a person authorized to represent the applicant under
§ 1.1041(a) before the International Bureau where the micro entity
certification is filed with the International Bureau. * * *
* * * * *
. 14. Section 1.41 is amended by adding a new paragraph (f) to read as
follows:
§ 1.41 Inventorship.
* * * * *
(f) The inventorship of an international design application
designating the United States is the creator or creators set forth in
the publication of the international registration under Hague Agreement
Article 10(3). Any correction of inventorship must be pursuant to § 1.48.
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. 15. Section 1.46 is amended by revising paragraphs (b) and (c) to read
as follows:
§ 1.46 Application for patent by an assignee, obligated assignee,
or a person who otherwise shows sufficient proprietary interest in the
matter.
* * * * *
(b) If an application under 35 U.S.C. 111 is made by a person other
than the inventor under paragraph (a) of this section, the application
must contain an application data sheet under § 1.76 specifying in
the applicant information section (§ 1.76(b)(7)) the assignee,
person to whom the inventor is under an obligation to assign the
invention, or person who otherwise shows sufficient proprietary
interest in the matter. If an application entering the national stage
under 35 U.S.C. 371 or an international design application before the
United States as a designated office is applied for by a person other
than the inventor under paragraph (a) of this section, the assignee,
person to whom the inventor is under an obligation to assign the
invention, or person who otherwise shows sufficient proprietary
interest in the matter must have been identified as the applicant for
the United States in the international stage of the international
application or as the holder in the publication of the international
registration under Hague Agreement Article 10(3).
(c) Any request to correct or update the name of the applicant
under this section must include an application data sheet under § 1.76
specifying the correct or updated name of the applicant in the
applicant information section (§ 1.76(b)(7)) except that correction
of the name of the applicant may be made pursuant to Hague Agreement
Article 16 for an international design application. Any request to
replace the original applicant with an applicant under this section
must include an application data sheet under § 1.76 specifying the
applicant in the applicant information section (§ 1.76(b)(7)) and
comply with §§ 3.71 and 3.73 of this title.
* * * * *
. 16. Section 1.53 is amended by revising paragraph (d)(1)(ii) to read as
follows:
§ 1.53 Application number, filing date, and completion of
application.
* * * * *
(d) * * *
(1) * * *
(ii) The prior nonprovisional application is a design application,
but not an international design application, that is complete as
defined by § 1.51(b); and
* * * * *
. 17. Section 1.55 is amended by revising paragraph (b) and adding a new
paragraph (m) to read as follows:
§ 1.55 Claim for foreign priority.
* * * * *
(b) Time for filing subsequent application. The nonprovisional
application must be filed not later than twelve months (six months in
the case of a design application) after the date on which the foreign
application was filed, or be entitled to claim the benefit under 35
U.S.C. 120, 121, 365(c), or 386(c) of an application that was filed not
later than twelve months (six months in the case of a design
application) after the date on which the foreign application was filed.
The twelve-month period is subject to 35 U.S.C. 21(b) (and § 1.7(a))
and PCT Rule 80.5, and the six-month period is subject to 35 U.S.C.
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21(b) (and § 1.7(a)) and Hague Agreement Rule 4(4).
* * * * *
(m) Time for filing priority claim and certified copy of foreign
application in an international design application designating the
United States. In an international design application designating the
United States, the claim for priority may be made in accordance with
the Hague Agreement and the Hague Agreement Regulations. For purposes
of the United States, the priority claim may also be presented in an
application data sheet (§ 1.76(b)(6)), filed directly with the
Office after publication of the international registration under Hague
Agreement Article 10(3), identifying the foreign application for which
priority is claimed, by specifying the application number, country (or
intellectual property authority), day, month, and year of its filing.
The priority claim and certified copy must be furnished in accordance
with the time period and other conditions set forth in paragraph (g) of
this section.
. 18. Section 1.57 is amended by revising the introductory text of
paragraph (a), redesignating paragraph (a)(3) as paragraph (a)(4), and
adding a new paragraph (a)(3) to read as follows:
§ 1.57 Incorporation by reference.
(a) Subject to the conditions and requirements of this paragraph,
if all or a portion of the specification or drawing(s) is inadvertently
omitted from an application, but the application contains a claim under
§ 1.55 for priority of a prior-filed foreign application, or a
claim under § 1.78 for the benefit of a prior-filed provisional,
nonprovisional, international application, or international design
application, that was present on the filing date of the application,
and the inadvertently omitted portion of the specification or
drawing(s) is completely contained in the prior-filed application, the
claim under § 1.55 or § 1.78 shall also be considered an
incorporation by reference of the prior-filed application as to the
inadvertently omitted portion of the specification or drawing(s).
* * * * *
(3) Any amendment to an international design application that
designates the United States pursuant to this paragraph shall be
effective only as to the United States, and shall have no effect on the
filing date of the application.
* * * * *
. 19. Section 1.76 is amended by revising paragraph (b)(6) to read as
follows:
§ 1.76 Application data sheet.
* * * * *
(b) * * *
(6) Foreign priority information. This information includes the
application number, country (or intellectual property authority), and
filing date of each foreign application for which priority is claimed.
Providing this information in the application data sheet constitutes
the claim for priority as required by 35 U.S.C. 119(b) and § 1.55.
* * * * *
. 20. Section 1.78 is amended by revising the introductory text of
paragraphs (c) and (d), revising paragraphs (c)(1)(i) through
(c)(1)(ii) and (c)(2), and adding new paragraph (c)(1)(iii) and (c)(7)
to read as follows:
§ 1.78 Claiming benefit of earlier filing date and cross-references to
other applications.
* * * * *
(c) Claims under 35 U.S.C. 120, 121, 365(c), or 386(c) for the
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benefit of a prior-filed nonprovisional, international application, or
international design application. An applicant in a nonprovisional
application, an international application designating the United States,
or an international design application designating the United States may
claim the benefit of one or more prior-filed copending nonprovisional
applications, international applications designating the United States,
or international design applications designating the United States
under the conditions set forth in 35 U.S.C. 120, 121, 365(c), or 386(c)
and this section.
(1) * * *
(i) An international application entitled to a filing date in
accordance with PCT Article 11 and designating the United States;
(ii) A nonprovisional application under 35 U.S.C. 111(a) that is
entitled to a filing date as set forth in § 1.53(b) or § 1.53(d) for
which the basic filing fee set forth in § 1.16 has been paid within the
pendency of the application; or
(iii) An international design application designating the United
States and entitled to a filing date as set forth in § 1.1023.
(2) Except for a continued prosecution application filed under
§ 1.53(d), any nonprovisional application, international application
designating the United States, or international design application
designating the United States that claims the benefit of
one or more prior-filed nonprovisional applications, international
applications designating the United States, or international design
applications designating the United States must contain or be amended
to contain a reference to each such prior-filed application,
identifying it by application number (consisting of the series code and
serial number), international application number and international
filing date, or international registration number and international
registration date. If the later-filed application is a nonprovisional
application, the reference required by this paragraph must be included
in an application data sheet (§ 1.76(b)(5)). The reference also
must identify the relationship of the applications, namely, whether the
later-filed application is a continuation, divisional, or continuation-
in-part of the prior-filed nonprovisional application, international
application, or international design application.
* * * * *
(7) Where benefit is claimed under 35 U.S.C. 120, 121, 365(c), or
386(c) to an international application or an international design
application which designates but did not originate in the United
States, the Office may require a certified copy of such application
together with an English translation thereof if filed in another
language.
(d) Delayed claims under 35 U.S.C. 120, 121, 365(c), or 386(c) for
the benefit of a prior-filed nonprovisional application, international
application, or international design application. If the reference
required by 35 U.S.C. 120 and paragraph (c)(2) of this section is
presented after the time period provided by paragraph (c)(3) of this
section, the claim under 35 U.S.C. 120, 121, 365(c), or 386(c) for the
benefit of a prior-filed copending nonprovisional application,
international application designating the United States, or
international design application designating the United States may be
accepted if the reference identifying the prior-filed application by
application number, international application number and international
filing date, or international registration number and filing date was
unintentionally delayed. A petition to accept an unintentionally
delayed claim under 35 U.S.C. 120, 121, 365(c), or 386(c) for the
benefit of a prior-filed application must be accompanied by:
* * * * *
. 21. Section 1.84 is amended by revising paragraph (y) to read as
follows:
§ 1.84 Standards for drawings.
* * * * *
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(y) Types of drawings. See § 1.152 for design drawings, § 1.1026
for international design reproductions, § 1.165 for plant drawings, and
§ 1.173(a)(2) for reissue drawings.
. 22. Section 1.85 is amended by revising paragraphs (a) and (c) to read
as follows:
§ 1.85 Corrections to drawings.
(a) A utility or plant application will not be placed on the files
for examination until objections to the drawings have been corrected.
Except as provided in § 1.215(c), any patent application
publication will not include drawings filed after the application has
been placed on the files for examination. Unless applicant is otherwise
notified in an Office action, objections to the drawings in a utility
or plant application will not be held in abeyance, and a request to
hold objections to the drawings in abeyance will not be considered a
bona fide attempt to advance the application to final action (§ 1.135(c)).
If a drawing in a design application meets the requirements of § 1.84(e),
(f), and (g) and is suitable for reproduction, but is not otherwise in
compliance with § 1.84, the drawing may be admitted for examination.
Similarly, if a drawing in an international design application designating
the United States meets the requirements of § 1.1026, the drawing may be
admitted for examination.
* * * * *
(c) If a corrected drawing is required or if a drawing does not
comply with § 1.84 or § 1.1026 at the time an application is
allowed, the Office may notify the applicant in a notice of
allowability and set a three-month period of time from the mail date of
the notice of allowability within which the applicant must file a
corrected drawing in compliance with § 1.84 or § 1.1026,
whichever is appropriate, to avoid abandonment. This time period is not
extendable under § 1.136 (see § 1.136(c)).
. 23. Section 1.97 is amended by redesignating paragraphs (b)(3) and
(b)(4) as paragraphs (b)(4) and (b)(5), respectively, and adding a new
paragraph (b)(3) to read as follows:
§ 1.97 Filing of information disclosure statement.
* * * * *
(b) * * *
(3) Within three months of the date of publication of the
international registration under Hague Agreement Article 10(3) in an
international design application;
* * * * *
. 24. Section 1.105 is amended by revising the introductory text of
paragraph (a)(1) to read as follows:
§ 1.105 Requirements for information.
(a)(1) In the course of examining or treating a matter in a pending
or abandoned application, in a patent, in a supplemental examination
proceeding, or in a reexamination proceeding, the examiner or other
Office employee may require the submission, from individuals identified
under § 1.56(c), or any assignee, of such information as may be
reasonably necessary to properly examine or treat the matter, for
example:
* * * * *
. 25. Section 1.114 is amended by redesignating paragraph (e)(5) as
paragraph (e)(6), revising paragraph (e)(4), and adding new paragraph
(e)(5) to read as follows:
§ 1.114 Request for continued examination.
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* * * * *
(e) * * *
(4) An application for a design patent;
(5) An international design application; or
(6) A patent under reexamination.
. 26. Section 1.155 is amended by revising paragraph (a)(1) to read as
follows:
§ 1.155 Expedited examination of design applications.
(a) * * *
(1) The application must include drawings in compliance with § 1.84,
or for an international design application that designates the
United States, published pursuant to Hague Agreement Article 10(3);
* * * * *
. 27. Section 1.211 is amended by revising paragraph (b) to read as
follows.
§ 1.211 Publication of applications.
* * * * *
(b) Provisional applications under 35 U.S.C. 111(b) shall not be
published, and design applications under 35 U.S.C. chapter 16,
international design applications under 35 U.S.C. chapter 38, and
reissue applications under 35 U.S.C. chapter 25 shall not be published
under this section.
* * * * *
. 28. Section 1.312 is revised to read as follows.
§ 1.312 Amendments after allowance.
No amendment may be made as a matter of right in an application
after the mailing of the notice of allowance. Any amendment filed
pursuant to this section must be filed before or with the payment of
the issue fee, and may be entered on the recommendation of the primary
examiner, approved by the Director, without withdrawing the application
from issue. For purposes of this section, where the issue fee is paid
in an international design application through the International
Bureau, the date of payment of the issue fee will be the date the issue
fee is recorded by the Office.
. 29. Subpart I to part 1 is added to read as follows:
Subpart I - International Design Application
General Information
Sec.
1.1001 Definitions related to international design applications.
1.1002 The United States Patent and Trademark Office as an office of
indirect filing.
1.1003 The United States Patent and Trademark Office as a designated office.
1.1004 The International Bureau.
Who May File An International Design Application
1.1011 Applicant for international design application.
The International Design Application
1.1021 Contents of the international design application.
1.1022 Form and signature.
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1.1023 Filing date of an international design application in the
United States.
1.1024 The description.
1.1025 The claim.
1.1026 Reproductions.
1.1027 Specimens.
Fees
1.1031 International design application fees.
Priority
1.1035 The priority claim in an international design application.
Representation
1.1041 Representation in an international design application.
Transmittal of the International Design Application to the
International Bureau
1.1045 Procedures for transmittal of international design application to
the International Bureau.
Relief From Prescribed Time Limits; Conversion to a design Application
Under 35 U.S.C. Chapter 16
1.1051 Relief from prescribed time limits.
1.1052 Conversion to a design application under 35 U.S.C. chapter 16.
National Processing of International Design Applications
1.1061 Rules applicable.
1.1062 Examination.
1.1063 Notification of Refusal.
1.1064 One independent and distinct design.
1.1066 Correspondence address for an international design application.
1.1067 Title and the inventor's oath or declaration.
1.1069 Notification of Division.
1.1070 Notification of Invalidation.
Subpart I - International Design Application
General Information
§ 1.1001 Definitions related to international design applications.
(a) Article as used in this subpart means an article of the Hague
Agreement;
(b) Regulations as used in this subpart means the "Common
Regulations Under the 1999 Act and the 1960 Act of the Hague
Agreement";
(c) Rule as used in this subpart means one of the Regulations;
(d) Administrative Instructions as used in this subpart means the
Administrative Instructions referred to in Rule 34;
(e) 1960 Act as used in this subpart means the Act signed at the
Hague on November 28, 1960, of the Hague Agreement;
(f) Other terms and expressions in subpart I not defined in this
section are as defined in Article 1, Rule 1, and 35 U.S.C. 381.
§ 1.1002 The United States Patent and Trademark Office as an
office of indirect filing.
(a) The United States Patent and Trademark Office, as an office of
indirect filing, shall accept international design applications where
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the applicant's Contracting Party is the United States.
(b) The major functions of the United States Patent and Trademark
Office as an office of indirect filing include:
(1) Receiving and according a receipt date to international design
applications;
(2) Collecting and, when required, transmitting fees due for
processing international design applications;
(3) Determining compliance with applicable requirements of part 5
of this chapter; and
(4) Transmitting an international design application to the
International Bureau, unless prescriptions concerning national security
prevent the application from being transmitted.
§ 1.1003 The United States Patent and Trademark Office as a
designated office.
(a) The United States Patent and Trademark Office will act as a
designated office ("United States Designated Office") for
international design applications in which the United States has been
designated as a Contracting Party in which protection is sought.
(b) The major functions of the United States Designated Office
include:
(1) Accepting for national examination international design
applications which satisfy the requirements of the Hague Agreement, the
Regulations and the regulations;
(2) Performing an examination of the international design
application in accordance with 35 U.S.C. chapter 16; and
(3) Communicating the results of examination to the International
Bureau.
§ 1.1004 The International Bureau.
(a) The International Bureau is the World Intellectual Property
Organization located at Geneva, Switzerland. It is the international
intergovernmental organization which acts as the coordinating body
under the Hague Agreement and the Regulations.
(b) The major functions of the International Bureau include:
(1) Receiving international design applications directly from
applicants and indirectly from an office of indirect filing;
(2) Collecting required fees and crediting designation fees to the
accounts of the Contracting Parties concerned;
(3) Reviewing international design applications for compliance with
prescribed formal requirements;
(4) Translating international design applications into the required
languages for recordation and publication;
(5) Recording international design applications in the
International Register;
(6) Publishing international design applications in the
International Designs Bulletin; and
(7) Sending copies of the publication of the international
registration to each designated office.
Who May File an International Design Application
§ 1.1011 Applicant for an international design application.
(a) Only persons who are nationals of the United States or who have
a domicile, a habitual residence or a real and effective industrial or
commercial establishment in the territory of the United States may file
international design applications through the United States Patent and
Trademark Office.
(b) Although the United States Patent and Trademark Office will
accept international design applications filed by any person referred
to in paragraph (a) of this section, an international design
application designating the United States may be refused by the Office
as a designated office if the applicant is not a person qualified under
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35 U.S.C. chapter 11 to be an applicant.
The International Design Application
§ 1.1021 Contents of the international design application.
(a) Mandatory contents. The international design application shall
be in English, French or Spanish (Rule 6) and shall contain or be
accompanied by:
(1) A request for international registration under the Hague
Agreement (Article 5(1)(i));
(2) The prescribed data concerning the applicant (Article 5(1)(ii)
and Rule 7(3)(i) and (ii));
(3) The prescribed number of copies of a reproduction or, at the
choice of the applicant, of several different reproductions of the
industrial design that is the subject of the international design
application, presented in the prescribed manner; however, where the
industrial design is two-dimensional and a request for deferment of
publication is made in accordance with Article 5(5), the international
design application may, instead of containing reproductions, be
accompanied by the prescribed number of specimens of the industrial
design (Article 5(1)(iii));
(4) An indication of the product or products that constitute the
industrial design or in relation to which the industrial design is to
be used, as prescribed (Article 5(1)(iv) and Rule 7(3)(iv));
(5) An indication of the designated Contracting Parties (Article
5(1)(v));
(6) The prescribed fees (Article 5(1)(vi) and Rule 12(1));
(7) The Contracting Party or Parties in respect of which the
applicant fulfills the conditions to be the holder of an international
registration (Rule 7(3)(iii));
(8) The number of industrial designs included in the international
design application, which may not exceed 100, and the number of
reproductions or specimens of the industrial designs accompanying the
international design application (Rule 7(3)(v));
(9) The amount of the fees being paid and the method of payment, or
instructions to debit the required amount of fees to an account opened
with the International Bureau, and the identification of the party
effecting the payment or giving the instructions (Rule 7(3)(vii)); and
(10) An indication of applicant's Contracting Party as required
under Rule 7(4)(a).
(b) Additional mandatory contents required by certain Contracting
Parties.
(1) Where the international design application contains the
designation of a Contracting Party that requires, pursuant to Article
5(2), any of the following elements, then the international design
application shall contain such required element(s):
(i) Indications concerning the identity of the creator of the
industrial design that is the subject of that application (Rule 11(1));
(ii) A brief description of the reproduction or of the
characteristic features of the industrial design that is the subject of
that application (Rule 11(2));
(iii) A claim (Rule 11(3)).
(2) Where the international design application contains the
designation of a Contracting Party that has made a declaration under
Rule 8(1), then the international application shall contain the
statement, document, oath or declaration specified in that declaration
(Rule 7(4)(c)).
(c) Optional contents. The international design application may
contain:
(1) Two or more industrial designs, subject to the prescribed
conditions (Article 5(4) and Rule 7(7));
(2) A request for deferment of publication (Article 5(5) and Rule
7(5)(e));
(3) An element referred to in item (i) or (ii) of Article 5(2)(b)
of the Hague Agreement or in Article 8(4)(a) of the 1960 Act even where
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that element is not required in consequence of a notification in
accordance with Article 5(2)(a) of the Hague Agreement or in
consequence of a requirement under Article 8(4)(a) of the 1960 Act
(Rule 7(5)(a));
(4) The name and address of applicant's representative, as
prescribed (Rule 7(5)(b));
(5) A claim of priority under Article 4 of the Paris Convention, as
prescribed (Rule 7(5)(c));
(6) A declaration, for purposes of Article 11 of the Paris
Convention, that the product or products which constitute the
industrial design or in which the industrial design is incorporated
have been shown at an official or officially recognized international
exhibition, together with the place where the exhibition was held and
the date on which the product or products were first exhibited there
and, where less than all the industrial designs contained in the
international design application are concerned, the indication of those
industrial designs to which the declaration relates or does not relate
(Rule 7(5)(d));
(7) Any declaration, statement or other relevant indication as may
be specified in the Administrative Instructions (Rule 7(5)(f));
(8) A statement that identifies information known by the applicant
to be material to the eligibility for protection of the industrial
design concerned (Rule 7(5)(g));
(9) A proposed translation of any text matter contained in the
international design application for purposes of recording and
publication (Rule 6(4)).
(d) Required contents where the United States is designated. In
addition to the mandatory requirements set forth in paragraph (a) of
this section, an international design application that designates the
United States shall contain or be accompanied by:
(1) A claim (§§ 1.1021(b)(1)(iii) and 1.1025);
(2) Indications concerning the identity of the creator (Rule
11(1)); and
(3) The inventor's oath or declaration (§§ 1.63 and 1.64).
The requirements in § 1.63(b) and § 1.64(b)(4) to identify each
inventor by his or her legal name, mailing address, and residence, if
an inventor lives at a location which is different from the mailing
address, and the requirement in § 1.64(b)(2) to identify the
residence and mailing address of the person signing the substitute
statement, will be considered satisfied by the presentation of such
information in the international design application prior to international
registration.
§ 1.1022 Form and signature.
(a) The international design application shall be presented on the
official form or any form having the same contents and format (Rules
7(1) and 1(vi)).
(b) The international design application shall be signed by the
applicant.
§ 1.1023 Filing date of an international design application in the
United States.
(a) Subject to paragraph (b) of this section, the filing date of an
international design application in the United States is the date of
international registration determined by the International Bureau under
the Hague Agreement (35 U.S.C. 384 and 381(a)(5)).
(b) Where the applicant believes the international design
application is entitled under the Hague Agreement to a filing date in
the United States other than the date of international registration,
the applicant may petition the Director under this paragraph to accord
the international design application a filing date in the United States
other than the date of international registration. Such petition must
be accompanied by the fee set forth in § 1.17(f) and include a
showing to the satisfaction of the Director that the international
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design application is entitled to such filing date.
§ 1.1024 The description.
(a) An international design application designating the United
States must include a specification as prescribed by 35 U.S.C. 112 and
preferably include a brief description of the view or views of the
reproduction.
(b) The description requirements set forth in Rule 11(2) may apply
to designations of Contracting Parties other than the United States
that require a description.
§ 1.1025 The claim.
The specific wording of the claim in an international design
application designating the United States shall be in formal terms to
the ornamental design for the article (specifying name of article) as
shown, or as shown and described. More than one claim is neither
required nor permitted for purposes of the United States.
§ 1.1026 Reproductions.
Reproductions shall comply with the requirements of Rule 9 and Part
Four of the Administrative Instructions.
§ 1.1027 Specimens.
Where a request for deferment of publication has been filed in
respect of a two-dimensional industrial design, the international
design application may include specimens of the design in accordance
with Rule 10 and Part Four of the Administrative Instructions. Neither
a request for deferment of publication nor specimens are permitted in
an international design application that designates the United States
or any other Contracting Party which does not permit deferment of
publication.
Fees
§ 1.1031 International design application fees.
(a) International design applications filed through the Office as
an office of indirect filing are subject to payment of a transmittal
fee (35 U.S.C. 382(b) and Article 4(2)) in the amount of $130.
(b) The Schedule of Fees annexed to the Regulations (Rule 27(1)), a
list of individual designation fee amounts, and a fee calculator may be
viewed on the Web site of the World Intellectual Property Organization,
available at: http://www.wipo.int/hague.
(c) The following fees required by the International Bureau may be
paid either directly to the International Bureau or through the Office
as an office of indirect filing in the amounts specified on the World
Intellectual Property Organization Web site described in paragraph (b)
of this section:
(1) International application fees (Rule 12(1)); and
(2) Fee for descriptions exceeding 100 words (Rule 11(2)).
(d) The fees referred to in paragraph (c) of this section may be
paid as follows:
(1) Directly to the International Bureau in Swiss currency (see
Administrative Instruction 801); or
(2) Through the Office as an office of indirect filing, provided
such fees are paid no later than the date of payment of the transmittal
fee required under paragraph (a) of this section. Any payment through
the Office must be in U.S. dollars. Applicants paying the fees in
paragraph (c) of this section through the Office may be subject to a
requirement by the International Bureau to pay additional amounts where
the conversion from U.S. dollars to Swiss currency results in the
International Bureau receiving less than the prescribed amounts.
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Priority
§ 1.1035 The priority claim in an international design application.
(a) The international design application may claim under Article 4
of the Paris Convention, the priority of one or more earlier
applications filed in or for any country party to that Convention or
any Member of the World Trade Organization. The priority claim must
contain an indication of the name of the Office where such filing was
made and of the date and, where available, the number of that filing,
and where the priority claim relates to less than all the industrial
designs contained in the international design application, the
indication of those industrial designs to which the priority claim
relates or does not relate (Article 6 and Rule 7(5)(c)).
(b) An international design application designating the United
States may claim benefit under 35 U.S.C. 120, 121, 365(c) or 386(c) to
an earlier filed application in accordance with § 1.78.
Representation
§ 1.1041 Representation in an international design application.
(a) The applicant or the holder may appoint a representative before
the International Bureau in accordance with Rule 3.
(b) Applicants of international design applications may be
represented before the Office as an office of indirect filing by a
practitioner registered (§ 11.6) or granted limited recognition
(§§ 11.9(a) or (b)) to practice before the Office in patent
matters. Such practitioner may act pursuant to § 1.34 or be
appointed, in writing signed by the applicant, giving the practitioner
power to act on behalf of the applicant and specifying the name and
registration number or limited recognition number of each practitioner.
An appointment of a representative made in the international design
application pursuant to Rule 3(2) that complies with the requirements
of this paragraph will be effective as an appointment before the Office
as an office of indirect filing.
Transmittal of International Design Application to the International
Bureau
§ 1.1045 Procedures for transmittal of international design
application to the International Bureau.
(a) Subject to paragraph (b) of this section and payment of the
transmittal fee set forth in § 1.1031(a), transmittal of the
international design application to the International Bureau shall be
made by the Office as provided by Rule 13(1). At the same time as it
transmits the international design application to the International
Bureau, the Office shall notify the International Bureau of the date on
which it received the application. The Office shall also notify
the applicant of the date on which it received the application and of
the transmittal of the international design application to the
International Bureau.
(b) No copy of an international design application may be
transmitted to the International Bureau, a foreign designated office,
or other foreign authority by the Office or the applicant, unless the
applicable requirements of part 5 of this chapter have been satisfied.
(c) Once transmittal of the international design application has
been effected under paragraph (a) of this section, except for matters
properly before the United States Patent and Trademark Office as an
office of indirect filing or as a designated office, all further
correspondence concerning the application should be sent directly to
the International Bureau. The United States Patent and Trademark Office
will generally not forward communications to the International Bureau
received after transmittal of the application to the International
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Bureau. Any reply to an invitation sent to the applicant by the
International Bureau must be filed directly with the International
Bureau, and not with the Office, to avoid abandonment or other loss of
rights under Article 8.
Relief From Prescribed Time Limits; Conversion to a Design Application
Under 35 U.S.C. Chapter 16
§ 1.1051 Relief from prescribed time limits.
(a) If the delay in an applicant's failure to act within prescribed
time limits under the Hague Agreement in connection with requirements
pertaining to an international design application was unintentional, a
petition may be filed pursuant to this section to excuse the failure to
act as to the United States. A grantable petition pursuant to this
section must be accompanied by:
(1) A copy of any invitation sent from the International Bureau
setting a prescribed time limit for which applicant failed to timely
act;
(2) The reply required under paragraph (c) of this section, unless
previously filed;
(3) The fee as set forth in § 1.17(u);
(4) A certified copy of the originally filed international design
application, unless a copy of the international design application was
previously communicated to the Office from the International Bureau or
the international design application was filed with the Office as an
office of indirect filing, and a translation thereof into the English
language if it was filed in another language; and
(5) A statement that the entire delay in filing the required reply
from the due date for the reply until the filing of a grantable
petition pursuant to this paragraph was unintentional. The Director may
require additional information where there is a question whether the
delay was unintentional.
(b) Any request for reconsideration or review of a decision
refusing to excuse the applicant's failure to act within prescribed
time limits in connection with requirements pertaining to an
international design application upon petition filed pursuant to this
section, to be considered timely, must be filed within two months of
the decision refusing to excuse or within such time as set in the
decision. Unless a decision indicates otherwise, this time period may
be extended under the provisions of § 1.136.
(c) Reply. The reply required may be:
(1) The filing of a continuing application. If the international
design application has not been subject to international registration,
the reply must also include a grantable petition under § 1.1023(b)
to accord the international design application a filing date; or
(2) A grantable petition under § 1.1052, where the
international design application was filed with the Office as an office
of indirect filing.
§ 1.1052 Conversion to a design application under 35 U.S.C. chapter 16.
(a) An international design application designating the United
States filed with the Office as an office of indirect filing and
meeting the requirements under § 1.53(b) for a filing date for an
application for a design patent may, on petition under this section, be
converted to an application for a design patent under § 1.53(b) and
accorded a filing date as provided therein. A petition under this
section must be accompanied by the fee set forth in § 1.17(v) and
be filed prior to publication of the international registration under
Article 10(3). The conversion of an international design application to
an application for a design patent under § 1.53(b) will not entitle
applicant to a refund of the transmittal fee or any fee forwarded to
the International Bureau, or the application of any such fee toward the
filing fee, or any other fee, for the application for a design patent
under § 1.53(b). The application for a design patent resulting from
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conversion of an international design application must also include the
basic filing fee (§ 1.16(b)), the search fee (§ 1.16(l)), the
examination fee (§ 1.16(p)), the inventor's oath or declaration
(§§ 1.63 or 1.64), and a surcharge if required by § 1.16(f).
(b) An international design application will be treated as an
application for a design patent under § 1.53(b) if a decision on
petition under this section is granted prior to transmittal of the
international design application to the International Bureau pursuant
to § 1.1045. Otherwise, a decision granting a petition under this
section will be effective to treat the international design application
as an application for a design patent under § 1.53(b) only for
purposes of the United States.
(c) A petition under this section will not be granted in an
abandoned international design application absent a grantable petition
under § 1.1051.
National Processing of International Design Applications
§ 1.1061 Rules applicable.
(a) The rules relating to applications for patents for other
inventions or discoveries are also applicable to international design
applications designating the United States, except as otherwise
provided in this chapter or required by the Articles or Regulations.
(b) The provisions of §§ 1.84 and 1.152-1.154 shall not
apply to international design applications.
§ 1.1062 Examination.
(a) Examination. The Office shall make an examination pursuant to
Title 35 of the United States Code of an international design
application designating the United States. An international design
application may not be refused on grounds that requirements relating to
the form or contents of the international design application provided
for in the Hague Agreement or the Regulations or additional to, or
different from, those requirements have not been satisfied.
(b) Timing. For each international design application to be
examined under paragraph (a) of this section, the Office shall, subject
to Rule 18(1)(c)(ii), send to the International Bureau within 12 months
from the publication of the international registration under Rule 26(3)
a notification of refusal (§ 1.1063) where it appears that the
applicant is not entitled to a patent under the law with respect to any
industrial design that is the subject of the international
registration.
§ 1.1063 Notification of Refusal
(a) A notification of refusal shall contain or indicate:
(1) The number of the international registration;
(2) The grounds on which the refusal is based;
(3) Where the grounds of refusal refer to similarity with an
industrial design that is the subject of an earlier application or
registration, a copy of a reproduction of the earlier industrial design
and information concerning the earlier industrial design as required
under Hague Rule 18(2)(b)(iv); and
(4) A time period for reply to the notification under § 1.134
and § 1.136 to avoid abandonment.
(b) Any reply to the notification of refusal must be filed directly
with the Office and not through the International Bureau. The
requirements of § 1.111 shall apply to a reply to a notification of
refusal.
§ 1.1064 One independent and distinct design.
(a) Only one independent and distinct design may be claimed in an
international design application designating the United States.
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(b) If the requirements under paragraph (a) of this section are not
satisfied, the examiner shall in the notification of refusal or other
Office action require the applicant in the reply to that action to
elect one independent and distinct design for which prosecution on the
merits shall be restricted. Such requirement will normally be made
before any action on the merits but may be made at any time before the
final action. Review of any such requirement is provided under
§§ 1.143 and 1.144.
§ 1.1066 Correspondence address for an international design application.
(a) Unless changed in accordance with paragraph (b) of this
section, the Office will use as the correspondence address the address
of applicant's representative identified in the publication of the
international registration, or if there is no address for the
representative, the address of the applicant identified therein.
(b) The correspondence address may be changed by the parties set
forth in § 1.33(b)(1) or (b)(3) in accordance with § 1.33(a).
(c) Reference in the rules to the correspondence address set forth
in § 1.33(a) shall be construed to include a reference to this
section for a nonprovisional application that is an international
design application.
§ 1.1067 Title and inventor's oath or declaration.
(a) The title of the design must designate the particular article.
Where an international design application does not contain a title of
the design, the Office may establish a title.
(b) An international design application designating the United
States must include the inventor's oath or declaration. See § 1.1021(d).
If the applicant is notified in a notice of allowability that an oath or
declaration in compliance with § 1.63, or substitute statement in
compliance with § 1.64, executed by or with respect to each named
inventor has not been filed, the applicant must file each required oath
or declaration in compliance with § 1.63, or substitute statement in
compliance with § 1.64, no later than the date on which the issue fee is
paid to avoid abandonment. This time period is not extendable under § 1.136
(see § 1.136(c)).
§ 1.1069 Notification of Division.
(a) Where, following a notification of refusal in an international
design application requiring an election of an independent and distinct
design under § 1.1064(b), a divisional application claiming benefit
under 35 U.S.C. 386(c) and 121 to the international design application
is filed for the non-elected design(s), the Office shall notify the
International Bureau. The notification to the International Bureau
shall indicate:
(1) The number of the international registration concerned;
(2) The numbers of the industrial designs which have been the
subject of the divisional application(s); and
(3) The divisional application number(s).
(b) The Office may require the applicant in a divisional
application that is subject to a notification under paragraph (a) of
this section to identify the design in the international design
application pursued in the divisional application.
§ 1.1070 Notification of Invalidation.
(a) Where a design patent that was granted from an international
design application is invalidated in the United States, and the
invalidation is no longer subject to any review or appeal, the patentee
shall inform the Office.
(b) After receiving a notification of invalidation under paragraph
(a) of this section or through other means, the Office will notify the
International Bureau in accordance with Hague Rule 20.
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PART 3 - ASSIGNMENT, RECORDING AND RIGHTS OF ASSIGNEE
Þ 30. The authority citation for part 3 continues to read as follows:
Authority: 15 U.S.C. 1123; 35 U.S.C. 2(b)(2).
. 31. Section 3.1 is amended by revising the definition of "Application"
to read as follows:
§ 3.1 Definitions.
* * * * *
Application means a national application for patent, an
international patent application that designates the United States of
America, an international design application that designates the United
States of America, or an application to register a trademark under
section 1 or 44 of the Trademark Act, 15 U.S.C. 1051 or 15 U.S.C. 1126,
unless otherwise indicated.
* * * * *
. 32. Section 3.21 is revised to read as follows:
§ 3.21 Identification of patents and patent applications.
An assignment relating to a patent must identify the patent by the
patent number. An assignment relating to a national patent application
must identify the national patent application by the application number
(consisting of the series code and the serial number; e.g., 07/123,456).
An assignment relating to an international patent application
which designates the United States of America must identify the
international application by the international application number;
e.g., PCT/US2012/012345. An assignment relating to an international
design application which designates the United States of America must
identify the international design application by the international
registration number or by the U.S. application number assigned to the
international design application. If an assignment of a patent
application filed under § 1.53(b) is executed concurrently with, or
subsequent to, the execution of the patent application, but before the
patent application is filed, it must identify the patent application by
the name of each inventor and the title of the invention so that there
can be no mistake as to the patent application intended. If an
assignment of a provisional application under § 1.53(c) is executed
before the provisional application is filed, it must identify the
provisional application by the name of each inventor and the title of
the invention so that there can be no mistake as to the provisional
application intended.
PART 5 - SECRECY OF CERTAIN INVENTIONS AND LICENSES TO EXPORT AND
FILE APPLICATIONS IN FOREIGN COUNTRIES
. 33. The authority citation for 37 CFR part 5 continues to read as
follows:
Authority: 35 U.S.C. 2(b)(2), 41, 181-188, as amended by the
Patent Law Foreign Filing Amendments Act of 1988, Pub. L. 100-418,
102 Stat. 1567; the Arms Export Control Act, as amended, 22 U.S.C.
2751 et seq.; the Atomic Energy Act of 1954, as amended, 42 U.S.C.
2011 et seq.; the Nuclear Non Proliferation Act of 1978, 22 U.S.C.
3201 et seq.; and the delegations in the regulations under these
Acts to the Director (15 CFR 370.10(j), 22 CFR 125.04, and 10 CFR
810.7).
. 34. Section 5.1 is amended by revising paragraph (b) to read as follows:
§ 5.1 Applications and correspondence involving national security.
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* * * * *
(b) Definitions. (1) Application as used in this part includes
provisional applications (§ 1.9(a)(2) of this chapter), nonprovisional
applications (§ 1.9(a)(3)), international applications (§ 1.9(b)), or
international design applications (§ 1.9(n)).
(2) Foreign application as used in this part includes, for filing
in a foreign country, foreign patent agency, or international agency
(other than the United States Patent Trademark Office) any of the
following: An application for patent, international application,
international design application, or application for the registration
of a utility model, industrial design, or model.
* * * * *
. 35. Section 5.3 is amended by revising paragraph (d) to read as
follows:
§ 5.3 Prosecution of application under secrecy orders; withholding
patent.
* * * * *
(d) International applications and international design applications
under secrecy order will not be mailed, delivered, or otherwise transmitted
to the international authorities or the applicant. International
applications under secrecy order will be processed up to the point where,
if it were not for the secrecy order, record and search copies would be
transmitted to the international authorities or the applicant.
. 36. Section 5.11 is amended by revising the heading and paragraphs (a)
through (c), (e)(3)(i), and (f) to read as follows:
§ 5.11 License for filing in, or exporting to, a foreign country
an application on an invention made in the United States.
(a) A license from the Commissioner for Patents under 35 U.S.C. 184
is required before filing any application for patent including any
modifications, amendments, or supplements thereto or divisions thereof
or for the registration of a utility model, industrial design, or
model, in a foreign patent office or any foreign patent agency or any
international agency other than the United States Receiving Office or
the United States Patent and Trademark Office as an office of indirect
filing for international design applications, if the invention was made
in the United States, and:
(1) An application on the invention has been filed in the United
States less than six months prior to the date on which the application
is to be filed, or
(2) No application on the invention has been filed in the United
States.
(b) The license from the Commissioner for Patents referred to in
paragraph (a) would also authorize the export of technical data abroad
for purposes relating to the preparation, filing or possible filing and
prosecution of a foreign application without separately complying with
the regulations contained in 22 CFR parts 120 through 130
(International Traffic in Arms Regulations of the Department of State),
15 CFR parts 730-774 (Export Administration Regulations of the Bureau
of Industry and Security, Department of Commerce) and 10 CFR part 810
(Assistance to Foreign Atomic Energy Activities Regulations of the
Department of Energy).
(c) Where technical data in the form of a patent application, or in
any form, are being exported for purposes related to the preparation,
filing or possible filing and prosecution of a foreign application,
without the license from the Commissioner for Patents referred to in
paragraphs (a) or (b) of this section, or on an invention not made in
the United States, the export regulations contained in 22 CFR parts 120
through 130 (International Traffic in Arms Regulations of the
Department of State), 15 CFR parts 730-774 (Export Administration
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Regulations of the Bureau of Industry and Security, Department of
Commerce) and 10 CFR part 810 (Assistance to Foreign Atomic Energy
Activities Regulations of the Department of Energy) must be complied
with unless a license is not required because a United States
application was on file at the time of export for at least six months
without a secrecy order under § 5.2 being placed thereon. The term
"exported" means export as it is defined in 22 CFR part 120, 15 CFR
part 734 and activities covered by 10 CFR part 810.
* * * * *
(e) * * *
(3) * * *
(i) A license is not, or was not, required under paragraph (e)(2)
of this section for the foreign application;
* * * * *
(f) A license pursuant to paragraph (a) of this section can be
revoked at any time upon written notification by the Patent and
Trademark Office. An authorization to file a foreign application
resulting from the passage of six months from the date of filing of a
United States patent application may be revoked by the imposition of a
secrecy order.
. 37. Section 5.12 is amended by revising paragraph (a) to read as
follows:
§ 5.12 Petition for license.
(a) Filing of an application on an invention made in the United
States will be considered to include a petition for license under 35
U.S.C. 184 for the subject matter of the application. The filing
receipt or other official notice will indicate if a license is granted.
If the initial automatic petition is not granted, a subsequent petition
may be filed under paragraph (b) of this section.
* * * * *
. 38. Section 5.13 is revised to read as follows:
§ 5.13 Petition for license; no corresponding application.
If no corresponding national, international design, or
international application has been filed in the United States, the
petition for license under § 5.12(b) must also be accompanied by a
legible copy of the material upon which a license is desired. This copy
will be retained as a measure of the license granted.
. 39. Section 5.14 is amended by revising paragraph (c) to read as
follows:
§ 5.14 Petition for license; corresponding U.S. application.
* * * * *
(c) Where the application to be filed or exported abroad contains
matter not disclosed in the United States application or applications,
including the case where the combining of two or more United States
applications introduces subject matter not disclosed in any of them, a
copy of the application as it is to be filed or exported abroad, must
be furnished with the petition. If, however, all new matter in the
application to be filed or exported is readily identifiable, the new
matter may be submitted in detail and the remainder by reference to the
pertinent United States application or applications.
. 40. Section 5.15 is amended by revising paragraphs (a), (b), (d) and
(e) to read as follows:
§ 5.15 Scope of license.
(a) Applications or other materials reviewed pursuant to §§ 5.12
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through 5.14, which were not required to be made available for inspection
by defense agencies under 35 U.S.C. 181, will be eligible for a license of
the scope provided in this paragraph. This license permits subsequent
modifications, amendments, and supplements containing additional subject
matter to, or divisions of, a foreign application, if such changes to the
application do not alter the general nature of the invention in a
manner that would require the United States application to have been made
available for inspection under 35 U.S.C. 181. Grant of this license
authorizes the export and filing of an application in a foreign country or
to any foreign patent agency or international patent agency when the
subject matter of the foreign application corresponds to that of the
domestic application. This license includes authority:
(1) To export and file all duplicate and formal application papers
in foreign countries or with international agencies;
(2) To make amendments, modifications, and supplements, including
divisions, changes or supporting matter consisting of the illustration,
exemplification, comparison, or explanation of subject matter disclosed
in the application; and
(3) To take any action in the prosecution of the foreign
application provided that the adding of subject matter or taking of any
action under paragraphs (a)(1) or (2) of this section does not change
the general nature of the invention disclosed in the application in a
manner that would require such application to have been made available
for inspection under 35 U.S.C. 181 by including technical data
pertaining to:
(i) Defense services or articles designated in the United States
Munitions List applicable at the time of foreign filing, the unlicensed
exportation of which is prohibited pursuant to the Arms Export Control
Act, as amended, and 22 CFR parts 121 through 130; or
(ii) Restricted Data, sensitive nuclear technology or technology
useful in the production or utilization of special nuclear material or
atomic energy, dissemination of which is subject to restrictions of the
Atomic Energy Act of 1954, as amended, and the Nuclear Non-
Proliferation Act of 1978, as implemented by the regulations for
Unclassified Activities in Foreign Atomic Energy Programs, 10 CFR part
810, in effect at the time of foreign filing.
(b) Applications or other materials which were required to be made
available for inspection under 35 U.S.C. 181 will be eligible for a
license of the scope provided in this paragraph. Grant of this license
authorizes the export and filing of an application in a foreign country
or to any foreign patent agency or international patent agency.
Further, this license includes authority to export and file all
duplicate and formal papers in foreign countries or with foreign and
international patent agencies and to make amendments, modifications,
and supplements to, file divisions of, and take any action in the
prosecution of the foreign application, provided subject matter
additional to that covered by the license is not involved.
* * * * *
(d) In those cases in which no license is required to file or
export the foreign application, no license is required to file papers
in connection with the prosecution of the foreign application not
involving the disclosure of additional subject matter.
(e) Any paper filed abroad or transmitted to an international
patent agency following the filing of a foreign application that
changes the general nature of the subject matter disclosed at the time
of filing in a manner that would require such application to have been
made available for inspection under 35 U.S.C. 181 or that involves the
disclosure of subject matter listed in paragraphs (a)(3)(i) or (ii) of
this section must be separately licensed in the same manner as a
foreign application. Further, if no license has been granted under
§ 5.12(a) on filing the corresponding United States application,
any paper filed abroad or with an international patent agency that
involves the disclosure of additional subject matter must be licensed
in the same manner as a foreign application.
* * * * *
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PART 11 - REPRESENTATION OF OTHERS BEFORE THE UNITED STATES PATENT
AND TRADEMARK OFFICE
. 41. The authority citation for 37 CFR part 11 continues to read as
follows:
Authority: 5 U.S.C. 500, 15 U.S.C. 1123; 35 U.S.C. 2(b)(2), 32,
41.
. 42. Section 11.10 is amended by revising paragraph (b)(3)(iii) to read
as follows:
§ 11.10 Restrictions on practice in patent matters.
* * * * *
(b) * * *
(3) * * *
(iii) Particular patent or patent application means any patent or
patent application, including, but not limited to, a provisional,
substitute, international, international design, continuation,
divisional, continuation-in-part, or reissue patent application, as
well as any protest, reexamination, petition, appeal, or interference
based on the patent or patent application.
* * * * *
November 20, 2013 TERESA STANEK REA
Deputy Under Secretary of Commerce for
Intellectual Property and Deputy Director of the
United States Patent and Trademark Office
| Status of Public Records Division |
Status of Public Records Division
The Public Records Division (PRD) processes and fills orders for both
certified and uncertified copies of Patent and Trademark Office documents
and records assignments and other documents related to title. This is an
update of actual processing times for orders filled during the month of
November 2013:
DOCUMENT SERVICES Goal Actual Processing
Time
Certified Documents
Patent Applications-As-Filed 7 days 6 days
Patent Related File Wrappers 25 days 16 days
Patent Copies 10 days 6 days
Patent Assignments 10 days 9 days
Trademark Applications-As-Filed 7 days 5 days
Trademark Related File Wrappers 25 days 14 days
Trademark Assignments 10 days 10 days
Trademark Registrations, Expedited 5 days 2 days
Trademark Registrations, Regular 14 days 11 days
Uncertified Documents
Patent Copies 5 days 1 day
Plant Patents 5 days 1 day
Patent Assignments 10 days 1 day
Patent Related File Wrappers 25 days 5 days
Trademark Copies 5 days 1 day
Trademark Assignments 10 days 1 day
Trademark Related File Wrappers 25 days 21 days
Customers should use the above actual processing time for each product
as a guide as to when they can expect their orders to be completed. In
cases where an urgent deadline is approaching, contact Patent and Trademark
Copy Fulfillment Branch at (571) 272-3150 or 1 (800) 972-6382 for
assistance with a particular order.
Customers are encouraged to place orders through the Internet at
http://ebiz1.uspto.gov/oems25p
Orders may also be faxed to the Patent and Trademark Copy Fulfillment
Branch at (571) 273-3250. Information on the status of pending orders may
be obtained by calling (571) 272-3150 or 1 (800) 972-6382 (outside the
Washington, DC Metro area), or via E-mail to dsd@uspto.gov.
ASSIGNMENT SERVICES Goal Actual Processing
Time
Submission Method
Internet (EFS, ePAS or eTAS) 2 days 1 day
Fax 10 days 3 days
Paper 14 days 3 days
The Assignment Services Branch is currently mailing recordation notices
for paper documents received in the Public Records Division on November 28,
2013.
Customers should use the above actual processing times as a guide as to
when they can expect their assignment submissions to be processed. For
fastest service customers are encouraged to file assignments via the
Internet.
Assignment submissions may be made via the Internet at
http://epas.uspto.gov/ for patent assignments and http://etas.uspto.gov for
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trademark assignments. Patent assignment submissions may also be made by
selecting the "Electronic Filing (EFS)" option at http://www.uspto.gov/ebc.
Assignment submissions may also be faxed to the Assignment Services
Branch at (571) 273-0140. Trademark assignment recordations may be reviewed
online at http://assignments.uspto.gov/assignments. Information on the
status of pending assignment recordations may be obtained by calling
(571) 272-3350 or 1 (800) 972-6382 (outside the Washington, DC Metro area).
December 5, 2013 DONNA J. COOPER
Manager, Public Records Division
Disclaimers
5,637,611 - Francis D. King; Laramie M. Gaster, both of Harlow; Alberto
J. Kaumann, Trumpington; Rodney C. Young, Hertford, all of England.
MEDICAMENTS. Patent dated June 10, 1997. Disclaimer filed October 30, 2013,
by the assignee, Endo Pharmaceuticals Inc.
The term of this patent shall not extend beyond the expiration date of
Patent No. 5,446,864.
5,827,871 - Francis David King; Laramie Mary Gaster, both of Harlow;
Alberto Julio Kaumann, Trumpington; Rodney Christopher Young, Hertford, all
of England. MEDICAMENTS 1,2,3,4-TETRAHYDROCA BAZOLES AND 5-HT1 AGONIST USE
THEREOF. Patented dated October 27, 1998. Disclaimer filed October 30,
2013, by the assignee, Endo Pharmaceuticals Inc.
The term of this patent shall not extend beyond the expiration date of
Pat. No. 5,637,611 and 5,464,864.
5,680,318 - Brent L. Gregory, Sunnyvale; Russell B. Segal, Mountain
View, both of Calif. SYNTHESIZER FOR GENERATING A LOIC NETWORK USING A
HARDWARE INDEPENDENT DESCRIPTION. Patent dated October 21, 1997. Disclaimer
filed November 15, 2013 by the assignee, Synopsys Inc.
The term of this patent shall not extend beyond the expiration date of
Patent No. 5,581,781.
Errata
"All reference to Reexamination Certificate No. C1 7,119,277, (9387th)
to Michael J. Shotey of Scottsdale, AZ (US) et al, for CONVERTIBLE
ELECTRICAL DEVICE COVER AND METHOD FOR INSTALLING SAME, appearing in the
Official Gazette of November 08, 2012, should be deleted, since the
reexamination certificate has been vacated."
"All reference to Patent No. D. 694,490 to SEAN RADFORD, ET AL of
KENOSHA, WI for SPORT UNDERGARMENT appearing in the Official Gazette of
December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,595,926 to TETSURO YAMADA, ET AL of
KAWASAKI, JAPAN for PRINTED WIRING BOARD MANUFACTURING METHOD appearing in
the Official Gazette of December 3, 2013 should be deleted since no patent
was granted."
"All reference to Patent No. 8,595,944 to MASAYOSHI OKUMI, ET AL of
ANJO-SHI, JAPAN for ENGINE-DRIVEN CUTTER appearing in the Official Gazette
of December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,596,251 to AYUMU HORIBA, ET AL of
SAITAMA, JAPAN for EVAPORATED FUEL TREATMENT APPARATUS AND METHOD OF
DETECTING FAILURE IN CONTROL VALVE appearing in the Official Gazette of
December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,596,469 to WILHELM LUTZER of ZARPEN,
GERMANY for CYCLONE SEPARATOR appearing in the Official Gazette of December
3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,596,988 to OLGA MALAKHOVA, ET AL of
MINDEN, NV for METHODS AND SYSTEMS FOR DETERMINING OPERATING STATES OF
PUMPS appearing in the Official Gazette of December 3, 2013 should be
deleted since no patent was granted."
"All reference to Patent No. 8,597,063 to MEI SING GAN, ET AL of
SINGAPORE, SINGAPORE for MODULAR ELECTRICAL ASSEMBLY WITH JUMPER STORAGE
appearing in the Official Gazette of December 3, 2013 should be deleted
since no patent was granted."
"All reference to Patent No. 8,597,104 to BRYAN M. KELLY, ET AL of
ALAMO, CA for TOURNAMENT QUALIFICATION & CHARACTERISTICS IN A GAMING SYSTEM
appearing in the Official Gazette of December 3, 2013 should be deleted
since no patent was granted."
"All reference to Patent No. 8,597,248 to JOSEPH RIMSA, ET AL of PALO
ALTO, CA for TISSUE TRANSFER SYSTEMS appearing in the Official Gazette of
December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,597,345 to BARON L. HAMMAN, ET AL of
DALLAS, TX for SYSTEM AND METHOD FOR ATTACHING A VESSEL IN A VASCULAR
ENVIRONMENT appearing in the Official Gazette of December 3, 2013 should be
deleted since no patent was granted."
"All reference to Patent No. 8,597,840 to HIRONORI NOTO of TOKAI-SHI,
JAPAN for FUEL CELL SYSTEM AND CONTROL METHOD FOR FUEL CELL SYSTEM
appearing in the Official Gazette of December 3, 2013 should be deleted
since no patent was granted."
"All reference to Patent No. 8,597,977 to SHUNPEI YAMAZAKI, ET AL of
SETAGAYA, JAPAN for SEMICONDUCTOR DEVICE AND METHOD FOR MANUFACTURING THE
SAME appearing in the Official Gazette of December 3, 2013 should be
deleted since no patent was granted."
"All reference to Patent No. 8,597,987 to BELGACEM HABA of SARATOGA, CA
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for MICROELECTRONIC PACKAGE WITH TERMINALS ON DIELECTRIC MASS appearing in
the Official Gazette of December 3, 2013 should be deleted since no patent
was granted."
"All reference to Patent No. 8,598,178 to JANUSZ W. KOSTANSKI, ET AL of
PRINCETON, NJ for CONTROLLED RELEASE STERILE INJECTABLE ARIPIPRAZOLE
FORMULATION AND METHOD appearing in the Official Gazette of December 3,
2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,598,307 to CHING-HSUAN LIN, ET AL of
TAICHUNG CITY, TAIWAN for PHOSPHORUS-CONTAINING COMPOUNDS AND THEIR
PREPARATION PROCESS AND USE appearing in the Official Gazette of
December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,598,451 to SOO-GHANG IHN, ET AL of
HWASEONG-SI KOREA, REPUBLIC OF for ELECTRON DONATING POLYMER AND ORGANIC
SOLAR CELL INCLUDING THE SAME appearing in the Official Gazette of
December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,598,585 to SHUNPEI YAMAZAKI of SETAGAYA,
JAPAN for CONTACT STRUCTURE AND SEMICONDUCTOR DEVICE appearing in the
Official Gazette of December 3, 2013 should be deleted since no patent was
granted."
"All reference to Patent No. 8,598,592 to HISASHI OHTANI of KAWAGAWA,
JAPAN for METHOD OF MANUFACTURING THIN FILM TRANSISTOR appearing in the
Official Gazette of December 3, 2013 should be deleted since no patent was
granted."
"All reference to Patent No. 8,598,600 to MASAHIKO HATA, ET AL of
TSUCHIURA-SHI, JAPAN for OPTICAL DEVICE AND SEMICONDUCTOR WAFER appearing
in the Official Gazette of December 3, 2013 should be deleted since no
patent was granted."
"All reference to Patent No. 8,598,822 to KOICHI ARISAWA, ET AL of
TOKYO, JAPAN for INVERTER DEVICE, MOTOR DRIVING DEVICE, REFRIGERATING AIR
CONDITIONER, AND POWER GENERATION SYSTEM appearing in the Official Gazette
of December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,598,834 to JENS WAGNER, ET AL of LANGEN,
GERMANY for METHOD OF DETECTING AN OPERATING CONDITION OF AN ELECTRIC
STEPPER MOTOR appearing in the Official Gazette of December 3, 2013 should
be deleted since no patent was granted."
"All reference to Patent No. 8,598,843 to TAKEHIKO NISHIDA, ET AL of
NAGASAKI, JAPAN for POWER STORAGE SYSTEM INCLUDING A PLURALITY OF BATTERY
MODULES AND ON/OFF DEVICES OR VOLTAGE CONVERTERS appearing in the Official
Gazette of December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,598,851 to SHINICHI NAKAGAWA of KASUGAI,
JAPAN for CHARGING CIRCUIT appearing in the Official Gazette of December 3,
2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,599,370 to KAZUMASA ENDO, ET AL of
KAWASAKI-SHI, JAPAN for POLARIZED LIGHT DEFECT DETECTION IN PUPIL IMAGES
appearing in the Official Gazette of December 3, 2013 should be deleted
since no patent was granted."
"All reference to Patent No. 8,599,949 to NORIHITO MIHOTA of SAITAMA,
JAPAN for WIRELESS TRANSMISSION SYSTEM, WIRELESS COMMUNICATION DEVICE AND
WIRELESS TRANSMISSION METHOD appearing in the Official Gazette of
December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,599,951 to MOHAMMAD A. KHOJASTEPOUR, ET
AL of NORTH BRUNSWICK, NJ for FEED-FORWARD CONTROL SIGNALING AND DECODING
SCHEMES appearing in the Official Gazette of December 3, 2013 should be
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 407 |
deleted since no patent was granted."
"All reference to Patent No. 8,599,964 to YUTAKA MURAKAMI, ET AL of
KANAGAWA, JAPAN for TRANSMISSION APPARATUS, TRANSMISSION METHOD, RECEPTION
APPARATUS, AND RECEPTION METHOD appearing in the Official Gazette of
December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,600,042 to CLAUS H. JORGENSEN of
BRONSHOJ, DENMARK for PORTABLE ELECTRONIC DEVICE appearing in the Official
Gazette of December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,600,066 to KOHEI ASADA, ET AL of
KANAGAWA, JAPAN for AUDIO SIGNAL PROCESSING APPARATUS, AUDIO SIGNAL
PROCESSING METHOD, AND PROGRAM appearing in the Official Gazette of
December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,600,269 to YUKI OSHIKAWA, ET AL of
KANAGAWA, JAPAN for POWDER CONTAINER, POWDER SUPPLY ASSEMBLY, AND IMAGE
FORMING APPARATUS IN WHICH A POWDER OUTLET FACES IN AN OPPOSITE DIRECTION
AS AN OPENING OF A CONTAINER BODY appearing in the Official Gazette of
December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,600,352 to STUART SLACK, ET AL of SAN
JOSE, CA for REMOTELY LOCATING AND COMMANDING A MOBILE DEVICE appearing in
the Official Gazette of December 3, 2013 should be deleted since no patent
was granted."
"All reference to Patent No. 8,600,618 to YOSHITAKA OIKAWA of
SUSONO-SHI, JAPAN for SPRUNG MASS DAMPING CONTROL SYSTEM OF VEHICLE, AND
VEHICLE PROVIDED WITH SAID SYSTEM appearing in the Official Gazette of
December 3, 2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,600,686 to EDMUND O. SCHWEITZER III, ET
AL of PULLMAN, WA for FAULT LOCATION USING TRAVELING WAVES appearing in the
Official Gazette of December 3, 2013 should be deleted since no patent was
granted."
"All reference to Patent No. 8,601,072 to TOORU OOE, ET AL of KYOTO-SHI,
JAPAN for INFORMATION PROCESSING SYSTEM, INFORMATION PROCESSING APPARATUS,
METHOD OF CONTROLLING INFORMATION PROCESSING APPARATUS AND RECORDING MEDIUM
RECORDING CONTROL PROGRAM FOR INFORMATION PROCESSING APPARATUS, CAPABLE OF
EXECUTING EFFICIENT DATA appearing in the Official Gazette of December 3,
2013 should be deleted since no patent was granted."
"All reference to Patent No. 8,601,570 to JASON TYLER GRIFFIN, ET AL of
WATERLOO, CANADA for MULTI-LAYER ORIENTATION-CHANGING PASSWORD appearing in
the Official Gazette of December 3, 2013 should be deleted since no patent
was granted."
Erratum
In the notice of Certificate of Correction appearing in August 20, 2013,
delete all reference to Patent No. 8,415,343, issue of July 30, 2013. The
errors appearing on the certificate of correction does not correspond to
text in the printed patent. The patent number was erroneously mentioned and
certificate of correction should not have been issued.
| Certificates of Correction |
Certificates of Correction
for December 10, 2013
5,593,823 8,399,937 8,514,403 8,538,560
6,862,924 8,404,854 8,515,554 8,538,765
7,132,808 8,406,445 8,515,696 8,538,832
7,348,353 8,406,478 8,515,776 8,538,920
7,502,987 8,410,097 8,516,262 8,538,984
7,662,398 8,410,568 8,516,291 8,539,145
7,684,051 8,415,488 8,516,313 8,539,269
7,685,843 8,416,390 8,516,356 8,539,490
7,698,550 8,418,373 8,516,382 8,539,867
7,725,256 8,419,206 8,516,386 8,540,817
7,747,741 8,419,253 8,516,647 8,541,331
7,757,128 8,421,346 8,516,905 8,541,413
7,829,013 8,421,434 8,517,632 8,542,909
7,874,341 8,422,115 8,517,950 8,542,915
7,882,258 8,423,110 8,518,298 8,543,611
7,896,187 8,423,575 8,518,326 8,543,693
7,957,319 8,425,330 8,518,361 8,543,857
8,028,425 8,425,662 8,518,492 8,544,053
8,034,532 8,425,812 8,518,869 8,545,160
8,054,162 8,425,936 8,518,913 8,545,422
8,055,090 8,428,716 8,519,008 8,545,872
8,060,355 8,431,174 8,519,030 8,545,987
8,062,122 8,432,245 8,519,087 8,545,993
8,075,235 8,433,442 8,519,090 8,546,157
8,076,255 8,436,943 8,519,398 8,547,241
8,081,069 8,437,835 8,519,608 8,547,293
8,085,778 8,439,716 8,519,619 8,548,446
8,095,790 8,439,756 8,520,264 8,549,004
8,110,217 8,440,179 8,521,122 8,549,093
8,111,898 8,441,951 8,521,126 8,549,253
8,117,691 8,442,401 8,521,167 8,550,210
8,121,071 8,444,195 8,521,774 8,550,308
8,129,383 8,445,763 8,521,899 8,550,807
8,130,706 8,446,470 8,522,409 8,551,601
8,139,198 8,447,238 8,522,556 8,551,702
8,146,376 8,450,470 8,522,852 8,552,024
8,155,403 8,450,492 8,522,886 8,552,117
8,157,881 8,451,686 8,523,131 8,552,594
8,159,211 8,452,186 8,523,224 8,553,909
8,168,011 8,452,201 8,523,312 8,554,885
8,186,682 8,459,572 8,524,136 8,555,134
8,189,543 8,460,736 8,524,257 8,555,315
8,192,978 8,461,013 8,524,712 8,555,316
8,199,963 8,463,438 8,524,745 8,555,406
8,201,374 8,463,771 8,524,917 8,556,762
8,204,459 8,465,745 8,525,148 8,557,013
8,212,145 8,465,775 8,525,229 8,557,395
8,219,458 8,465,931 8,525,248 8,557,817
8,246,768 8,469,969 8,525,497 8,558,134
8,251,907 8,470,285 8,525,551 8,558,558
8,256,114 8,470,849 8,525,772 8,559,732
8,256,179 8,474,025 8,527,107 8,559,788
8,257,435 8,475,500 8,528,186 8,560,092
8,263,718 8,477,615 8,528,673 8,561,195
8,279,139 8,480,729 8,528,770 8,561,515
8,282,747 8,483,125 8,529,383 8,562,169
8,284,867 8,483,211 8,530,183 8,562,288
8,288,338 8,483,273 8,530,350 8,562,385
8,289,241 8,483,820 8,530,480 8,562,721
8,306,901 8,484,429 8,530,496 8,562,918
8,311,990 8,484,436 8,531,487 8,563,033
8,318,149 8,486,635 8,531,980 8,563,058
| December 31, 2013 |
US PATENT AND TRADEMARK OFFICE |
1397 OG 410 |
8,318,303 8,487,075 8,533,087 8,563,159
8,321,908 8,488,450 8,533,153 8,563,315
8,324,275 8,488,567 8,533,181 8,564,209
8,326,177 8,490,273 8,533,201 8,564,358
8,331,499 8,492,744 8,533,271 8,565,269
8,337,405 8,493,059 8,533,319 8,566,229
8,337,856 8,494,863 8,533,383 8,566,670
8,345,597 8,497,027 8,533,410 8,567,803
8,349,474 8,499,050 8,533,414 8,568,109
8,355,458 8,501,417 8,533,529 8,568,269
8,360,696 8,501,726 8,533,611 8,568,979
8,361,975 8,502,077 8,533,642 8,569,242
8,363,580 8,502,225 8,533,913 8,569,376
8,367,814 8,503,562 8,534,077 8,569,515
8,372,158 8,504,876 8,534,517 8,569,673
8,379,215 8,504,994 8,534,627 8,571,518
8,383,148 8,506,493 8,534,838 8,577,773
8,383,215 8,507,210 8,535,201 D. 650,063
8,383,610 8,508,027 8,535,380 D. 669,896
8,386,114 8,508,239 8,535,678 D. 669,897
8,386,608 8,508,477 8,535,710 D. 671,112
8,387,465 8,508,567 8,535,750 D. 672,071
8,387,620 8,509,451 8,535,978 D. 673,850
8,387,846 8,509,954 8,536,313 D. 687,088
8,389,220 8,510,047 8,536,513 D. 688,704
8,389,487 8,510,092 8,536,603 D. 690,824
8,389,524 8,510,803 8,536,648 D. 691,931
8,394,229 8,510,829 8,536,982 D. 692,046
8,394,967 8,511,823 8,537,223 RE. 43,835
8,396,050 8,512,880 8,537,548 RE. 43,914
8,397,461 8,513,218 8,537,718 RE. 44,079
8,397,774 8,513,220 8,537,955 RE. 44,173
8,397,861 8,513,495 8,538,073 RE. 44,405
8,398,941 8,513,506 8,538,148
8,399,451 8,513,534 8,538,212
| Summary of Final Decisions Issued by the Trademark Trial and Appeal Board |
SUMMARY OF FINAL DECISIONS ISSUED BY THE TRADEMARK TRIAL AND APPEAL BOARD
November 25, 2013 - November 29, 2013
| Date Issued |
Type of Case(1) |
Proceeding or Appn. Number |
Party or Parties |
TTAB Panel (2) |
Issue(s) |
TTAB Decision |
Opposer’s or Petitioner’s mark and goods or services |
Applicant’s or Respondent’s mark and goods or services |
Mark and goods or services cited by Examining Attorney |
Issued as Precedent of TTAB |
| 11-25 |
EX |
85253147 |
Sunton Enterprises Inc. |
Seeherman*
Cataldo
Wolfson |
2(d) |
Refusal Affirmed |
|
AY LAZZARO [Handbags; Trunks] |
LAZARO [handbags, briefcases, briefcase-type portfolios, wallets] |
No |
| 11-26 |
EX |
76709622
76709776 |
Jay at Play International Hong Kong Limited |
Grendel
Greenbaum*
Hightower |
2(d) |
Refusal Affirmed as to class refused in 76709622 and as to 76709776 |
|
CUDDLEUP FRIENDS and CUDDLEUPPET [plush stuffed animals integrally attached to blankets] |
CUDDLE-UPS [plush toys, namely, soft cushioned animal figures] |
No |
| 11-29 |
OPP |
91200421 |
Chattem, Inc.
v.
Kirk Seubert and James Spencer |
Seeherman*
Taylor
Wolfson |
2(d); 43(c) |
Opposition Sustained on Section 2(d) claim as to both applications, based on ACT registration |
ACT [anti-cavity mouth rinse] ACT RESTORING [anti-cavity mouthwash and dental rinse] |
ACTRX (two applications, one with stylization) [Dietary and nutritional supplements; Nutritional supplement for eliminating toxins from the body; Nutritional supplements] |
|
No |
| 11-29 |
EX |
85313681 |
Steven Madden, Ltd. |
Rogers
Grendel
Bergsman* |
2(d) |
Refusal Affirmed |
|
FREEBIRD BY STEVEN [shoes] |
FREE BIRD [various types of shirts; pants; lingerie; jackets] |
No |
| 11-29 |
EX |
85588592 |
Spy Optic Inc. |
Bucher*
Bergsman
Adlin |
2(d) |
Refusal Affirmed |
|
VICTORY [sunglass lenses] |
VICTORY COLLECTION (and design) [eyeglasses, sunglasses, eyeglass frames, sunglass frames, cases for eyeglasses and sunglasses] |
No |
| 11-29 |
EX |
77427844 |
Zero Emissions Leasing LLC dba Zero Emissions |
Grendel
Cataldo*
Wolfson |
2(d) |
Refusal Affirmed |
|
ZERO EMISSIONS (and design) [Consultancy concerning financing of energy projects; Equipment financing services; Facilitating and arranging for the financing of energy-related projects; Financing services; Project financing] |
ZEROEMISSIONS (stylized) [wide variety of business administration, management, marketing and franchising services, including those related to the environment, the control of CO2 emissions and the reduction of greenhouse gas emissions] |
No |
| 11-29 |
EX |
76704957
76704959 |
The Works Gourmet Burger Bistro, Inc. |
Kuhlke
Bergsman*
Adlin |
2(d) |
Refusal Affirmed in Both Applications as to Class 43 services |
|
THE WORKS GOURMET BURGER BISTRO (two applications, one with design) [t-shirts, tank tops, vests, jackets, sweatshirts, hats and baseball caps related to restaurant services and food products] [operation of restaurant services; operation of carry-out food services] |
THE WORKS [restaurant services; take-out restaurant services] |
No |
| 11-29 |
EX |
76704958 |
The Works Gourmet Burger Bistro, Inc. |
Kuhlke
Bergsman*
Adlin |
2(d) |
Refusal Affirmed as to Class 43 services, but Reversed as to Class 25 goods |
|
THE WORKS [t-shirts, tank tops, vests, jackets, sweatshirts, hats and baseball caps related to restaurant services and food products] [operation of restaurant services; operation of carry-out food services] |
THE WORKS [restaurant services; take-out restaurant services] |
No |
| 11-29 |
EX |
85299521 |
Barbara Whatley |
Bucher
Cataldo
Wolfson* |
2(d) |
Refusal Affirmed |
|
WINERY DOGS [wide variety of printed matter, including books, pamphlets, brochures, newsletters, calendars, photographs, prints and other products made of paper] |
WINE DOGS [wide variety of printed matter, including photo books, pamphlets, brochures, newsletters, calendars, photographs, prints and other products made of paper] |
No |
| 11-29 |
EX |
85512862 |
Garment Group, Inc. |
Quinn
Masiello
Hightower* |
2(d) |
Refusal Affirmed |
|
TECHWOOL [socks made substantially or in part of wool] |
TECHNOWOOL [outerwear, namely, jackets made in part or in whole of wool] |
No |
| 11-29 |
EX |
77770899 |
Advanced Armament Corp., LLC |
Holtzman
Taylor
Wellington* |
2(a) |
Refusal Reversed |
|
ADVANCED ARMAMENT CORP. SILENCERS MADE IN THE USA (and design) [silencers for firearms] |
|
No |
(1) EX=Ex Parte Appeal; OPP=Opposition; CANC=Cancellation; CU=Concurrent Use; (SJ)=Summary Judgment; (MD)=Motion to Dismiss; (R)=Request for Reconsideration; (REM)=Decision on Remand (2) *=Opinion Writer; (D)=Dissenting Panel Member
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applications with sequence listings, when the CRF
is not being filed with the patent application.
Mail Stop Supplemental (Effective September 16, 2012). Requests for
Examination Supplemental Examination, including original
request papers and any other correspondence, other
than correspondence to the Office of the
Solicitor (see 37 CFR Secs. 1.1(a)(3) AND 1.302(c)).
This mail stop is limited to original request papers
and any other papers that are to be filed in a
supplemental examination proceeding. For any papers
to be filed in an ex parte reexamination proceeding
ordered as a result of a supplemental examination
proceeding, use "Mail Stop Ex Parte Reexam".
Information for addressing patent-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/patents/mail.jsp.
MAIL TO BE DIRECTED TO THE COMMISSIONER FOR TRADEMARKS
Please address trademark-related correspondence to be delivered by the
United States Postal Service (USPS), except documents sent to the Assignment
Services Division for recordation, requests for copies of trademark
documents, and documents directed to the Madrid Processing Unit, as follows:
Commissioner for Trademarks
P.O. Box 1451
Alexandria, VA 22313-1451
Mail to be delivered by the USPS to the Office's Madrid Processing Unit,
must be mailed to:
Madrid Processing Unit
600 Dulany Street
MDE-7B87
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Office's Deputy Commissioner for
Trademark Policy regarding Letters of Protest must be mailed to:
Letter of Protest
ATTN: Deputy Commissioner for Trademark Policy
600 Dulany Street
Alexandria, VA 22314-5796
Mail to be delivered by the USPS to the Director regarding the Fastener
Quality Act (FQA) must be mailed to:
Director, USPTO
ATTN: FQA
600 Dulany Street, MDE-10A71
Alexandria, VA 22314-5793
Mail to be delivered by the USPS to the Commissioner regarding the
recordal of a Native American Tribal Insignia (NATI) must be mailed to:
Native American Tribal Insignia
ATTN: Commissioner for Trademarks
600 Dulany Street
MDE-10A71
Alexandria, VA 22314-5793
Do NOT send any of the following via USPS certified mail or with a
"signature required" option: submissions to the Madrid Processing Unit,
Letters of Protest, applications for recordal of insignia under the
Fastener Quality Act, notifications of Native American Tribal Insignia.
Trademark-related mail to be delivered by hand or other private courier
or delivery service (e.g., UPS, Federal Express) to the Trademark Operation,
the Trademark Trial and Appeal Board, or the Office's Madrid Processing Unit,
must be delivered to:
Trademark Assistance Center
Madison East, Concourse Level Room C 55
600 Dulany Street
Alexandria, VA 22314
Information for addressing trademark-related correspondence may also be found
on the USPTO's web site at http://www.uspto.gov/trademarks/mail.jsp.
MAIL TO BE DIRECTED TO THE DIRECTOR OF THE UNITED STATES
PATENT AND TRADEMARK OFFICE
Please address correspondence to be directed to a mail stop identified
below to be delivered by the United States Postal Service (USPS) as follows
(unless otherwise instructed):
Mail Stop _____
Director of the U.S. Patent and Trademark Office
P.O. Box 1450
Alexandria, VA 22313-1450
Mail Stop
Designations Explanation
Mail Stop 3 Mail for the Office of Personnel from NFC.
Mail Stop 6 Mail for the Office of Procurement.
Mail Stop 8 All papers for the Office of the Solicitor except
communications relating to pending litigation and
disciplinary proceedings; papers relating to pending
litigation in court cases shall be mailed only to
Office of the Solicitor, P.O. Box 15667, Arlington,
VA 22215 and papers related to pending disciplinary
proceedings before the Administrative Law Judge or
the Director shall be mailed only to the Office of
the Solicitor, P.O. Box 16116, Arlington, VA 22215.
Mail Stop 11 Mail for the Electronic Ordering Service (EOS).
Mail Stop 13 Mail for the Employee and Labor Relations Division.
Mail Stop 16 Mail related to refund requests, other than
requests for refund of a patent application
publication fee. Such requests should be directed
to Mail Stop PGPub.
Mail Stop 17 Invoices directed to the Office of Finance.
Mail Stop 24 Mail for the Inventor's Assistance Program,
including complaints about Invention Promoters.
Mail Stop 171 Vacancy Announcement Applications.
Mail Stop Assignment All assignment documents, security interests,
Recordation Services and other documents to be recorded in the
Assignment records. Note that documents with
cover sheets that are faxed to 571-273-0140 or
submitted electronically (http://epas.uspto.gov)
are processed much more quickly than those
submitted by mail.
Mail Stop Document All requests for certified or uncertified
Services copies of patent or trademark documents.
Mail Stop EEO Mail for the Office of Civil Rights.
Mail Stop External Mail for the Office of External Affairs.
Affairs
Mail Stop Interference Communications relating to interferences and
applications and patents involved in interference.
Mail Stop M Mail to designate or change a fee
Correspondence address, or other correspondence related to
maintenance fees, except payments of
maintenance fees in patents. See below for
the address for maintenance fee payments.
Mail Stop OED Mail for the Office of Enrollment and Discipline.
Maintenance Fee Payments
Unless submitted electronically over the Internet at www.uspto.gov,
payments of maintenance fees in patents should be mailed through the
United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979070
St. Louis, MO 63197-9000
Alternatively, payment of maintenance fees in patents (Attn: Maintenance
Fee) using hand-delivery and delivery by private courier may be made to:
Director of the U.S. Patent and Trademark Office
Attn: Maintenance Fee
2051 Jamieson Avenue, Suite 300
Alexandria, Virginia 22314
Deposit Account Replenishments
To send payment to replenish deposit accounts, send the payments through
the United States Postal Service to:
United States Patent and Trademark Office
P.O. Box 979065
St. Louis, MO 63197-9000
Alternatively, deposit account replenishments (Attn: Deposit Accounts)
using hand-delivery and delivery by private courier (e.g., FedEx, UPS, etc.)
may be delivered to:
Director of the U.S. Patent and Trademark Office
Attn: Deposit Accounts
2051 Jamieson Avenue, Suite 300
Alexandria, VA 22314
Information abount deposit account replenishments may also be found on
the USPTO's web site at
http://www.uspto.gov/about/offices/cfo/finance/Deposit_Account_
Replenishments.jsp
Top of Notices
| Reference Collections of U.S. Patents Available for Public Use in Patent and Trademark Resource Centers |
Reference Collections of U.S. Patents Available for
Public Use in Patent and Trademark Resource Centers
The following libraries, designated as Patent and Trademark Resource Centers
(PTRCs), provide public access to patent and trademark information received
from the United States Patent and Trademark Office (USPTO). This
information includes all issued patents, all registered trademarks, the
Official Gazette of the U.S. Patent and Trademark Office, search tools such
as the Cassis CD-ROM suite of products and supplemental information in a
variety of formats including online, optical disc, microfilm and paper.
Each PTRC also offers access to USPTO resources on the Internet and to
PubWEST (Web based examiner search tool), a system used by patent examiners
that is not available on the Internet.
Staff assistance and training is provided in the use of this information.
All information is available free of charge. However, there may be charges
associated with the use of photocopying and related services. Hours of
service to the public vary, and anyone contemplating use of these
collections at a particular library is urged to contact that library in
advance about its services and hours to avoid inconvenience.
State Name of Library Telephone Contact
Alabama Auburn University Libraries (334) 844-1737
Birmingham Public Library (205) 226-3620
Alaska Fairbanks: Keith B. Mather Library,
Geophysical Institute,
University of Alaska, Fairbanks (907) 474-2636
Arizona Phoenix, Arizona
State Library of Arizona
Arizona State Library Archives
and Public Records (602) 926-3870
Arkansas Little Rock: Arkansas State
Library (501) 682-2053
California Los Angeles Public Library (213) 228-7220
Riverside: University of
California, Riverside, Orbach
Science Library (951) 827-3316
Sacramento: California State
Library (916) 654-0261
San Diego Public Library (619) 236-5800
San Francisco Public Library (415) 557-4500
Sunnyvale Public Library (408) 730-7300
Colorado Denver Public Library (720) 865-1711
Connecticut Fairfield: Ryan-Matura Library
Sacred Heart University (203) 371-7726
Delaware Newark: University of Delaware
Library (302) 831-2965
Dist. of Columbia Washington: Howard University
Libraries (202) 806-7252
Florida Fort Lauderdale: Broward County
Main Library (954) 357-7444
Miami-Dade Public Library (305) 375-2665
Orlando: University of Central
Florida Libraries (407) 823-2562
Georgia Atlanta: Library and Information
Center, Georgia Institute of
Technology (404) 385-7185
Hawaii Honolulu: Hawaii State Library (808) 586-3477
Illinois Chicago Public Library (312) 747-4450
Macomb: Western Illinois
University Libraries (309) 298-2722
Indiana Indianapolis-Marion County Public
Library (317) 269-1741
West Lafayette Siegesmund
Engineering Library,
Purdue University (765) 494-2872
Iowa Davenport: Davenport Public Library (563) 326-7832
Kansas Wichita: Ablah Library, Wichita
State University 1 (800) 572-8368
Kentucky Louisville Free Public Library (502) 574-1611
W. Frank Steely Library
Northern Kentucky University
Highland Heights, Kentucky (859) 572-5457
Louisiana Baton Rouge: Troy H. Middleton
Library, Louisiana State University (225) 388-8875
Maine Orono: Raymond H. Fogler Library,
University of Maine (207) 581-1678
Maryland Baltimore: University of Baltimore
Law Library (410) 837-4554
College Park: Engineering and
Physical Sciences Library,
University of Maryland (301) 405-9157
Massachusetts Amherst: Physical Sciences Library,
University of Massachusetts (413) 545-2765
Boston Public Library (617) 536-5400
Ext. 4256
Michigan Ann Arbor: Art, Architecture &
Engineering Library,
University of Michigan (734) 647-5735
Big Rapids: Ferris Library for
Information, Technology &
Education, Ferris State
University (231) 592-3602
Detroit: Public Library (313) 481-1391
Michigan Technological
University, Van Pelt and
Opie Library, Houghton (906) 487-2500
Minnesota Hennepin County Library
Minneapolis Central Library (612) 543-8000
Mississippi Jackson: Mississippi Library
Commission (601) 961-4111
Missouri Kansas City: Linda Hall Library (816) 363-4600
Ext. 724
St. Louis Public Library (314) 352-2900
Montana Butte: Montana Tech Library of
the University of Montana (406) 496-4281
Nebraska Lincoln: Engineering Library,
University of Nebraska-Lincoln (402) 472-3411
New Hampshire Concord: University of New
Hampshire School of Law (603) 513-5130
Nevada Reno: University of Nevada, Reno,
Mathewson-IGT Knowledge Center (775) 784-6500
Ext. 257
New Jersey Newark Public Library (973) 733-7779
Piscataway: Library of Science and
Medicine, Rutgers University (732) 445-2895
New York Albany: New York State Library (518) 474-5355
Buffalo and Erie County Public
Library (716) 858-7101
Rochester Public Library (716) 428-8110
New York: New York Public Library,
Science Industry & Business Library (212) 592-7000
North Carolina J. Murrey Atkins Library, University
of North Carolina at Charlotte (704) 687-0494
North Dakota Grand Forks: Chester Fritz Library,
University of North Dakota (701) 777-4888
Ohio Akron - Summit County Public (330) 643-9075
Library
Cincinnati and Hamilton County,
Public Library of (513) 369-6932
Cleveland Public Library (216) 623-2870
Dayton: Paul Laurence Dunbar
Library, Wright State University (937) 775-3521
Toledo/Lucas County Public Library (419) 259-5209
Oklahoma Stillwater: Oklahoma State
University Edmon Low Library (405) 744-6546
Pennsylvania Philadelphia, The Free Library of (215) 686-5394
Pittsburgh, Carnegie Library of (412) 622-3138
University Park: PAMS Library,
Pennsylvania State University (814) 865-7617
Puerto Rico Bayamon: Learning Resources Center,
University of Puerto Rico (787) 993-0000
Ext. 3222
Mayaquez General Library,
University of Puerto Rico (787) 832-4040
Ext. 2023
Bayamon, Learning Resources Center,
University of Puerto Rico (787) 786-5225
Rhode Island Providence Public Library (401) 455-8027
South Carolina Clemson University Libraries (864) 656-3024
South Dakota Rapid City: Devereaux Library,
South Dakota School of Mines and
Technology (605) 394-1275
Tennessee Nashville: Stevenson Science and
Engineering Library, Vanderbilt
University (615) 322-2717
Texas Austin: McKinney Engineering
Library, University of Texas at
Austin (512) 495-4511
College Station: West Campus
Library, Texas A & M University (979) 845-2111
Dallas Public Library (214) 670-1468
Houston: The Fondren Library, Rice
University (713) 348-5483
Lubbock: Texas Tech University (806) 742-2282
San Antonio Public Library (210) 207-2500
Utah Salt Lake City: Marriott Library,
University of Utah (801) 581-8394
Vermont Burlington: Bailey/Howe Library,
University of Vermont (802) 656-2542
Washington Seattle: Engineering Library,
University of Washington (206) 543-0740
West Virginia Morgantown: Evansdale Library,
West Virginia University (304) 293-4695
Wisconsin Wendt Commons Library,
University of Wisconsin-Madison (608) 262-0696
Milwaukee Public Library (414) 286-3051
Wyoming Cheyenne: Wyoming State Library (307) 777-7281
Top of Notices
| Patent Technology Centers |
| PATENT TECHNOLOGY CENTERS |
| AVERAGE FILING DATE OF APPLICATIONS RECEIVING A FIRST OFFICE ACTION IN THE LAST 3 MONTHS1
|
Technology
Center |
GAU |
Avg Filing Date |
| 1600 |
BIOTECHNOLOGY, AND ORGANIC CHEMISTRY |
| |
1610 |
12/27/2012 |
| |
1620 |
11/05/2012 |
| |
1630 |
08/27/2012 |
| |
1640 |
11/20/2012 |
| |
1650 |
12/03/2012 |
| |
1660 |
07/25/2012 |
| |
TOTAL |
11/05/2012 |
| |
|
|
| 1700 |
CHEMICAL AND MATERIALS ENGINEERING AND DESIGNS |
| |
1710 |
03/31/2012 |
| |
1720 |
06/12/2012 |
| |
1730 |
08/03/2012 |
| |
1740 |
06/27/2012 |
| |
1750 |
03/16/2012 |
| |
1760 |
09/08/2012 |
| |
1770 |
05/13/2012 |
| |
1780 |
06/18/2012 |
| |
1790 |
09/05/2012 |
| |
TOTAL |
06/18/2012 |
| |
|
|
| 2100 |
COMPUTER ARCHITECTURE AND SOFTWARE |
| |
2110 |
04/18/2012 |
| |
2120 |
01/27/2012 |
| |
2140 |
03/10/2012 |
| |
2150 |
08/27/2012 |
| |
2160 |
08/09/2012 |
| |
2170 |
03/22/2012 |
| |
2180 |
05/01/2012 |
| |
2190 |
02/05/2012 |
| |
TOTAL |
04/18/2012 |
| |
|
|
| 2400 |
NETWORKING, MULTIPLEXING, CABLE AND SECURITY |
| |
2410 |
06/09/2012 |
| |
2420 |
11/05/2012 |
| |
2430 |
08/27/2012 |
| |
2440 |
05/19/2012 |
| |
2450 |
05/31/2012 |
| |
2460 |
04/09/2012 |
| |
2470 |
04/03/2012 |
| |
2480 |
01/12/2012 |
| |
2490 |
07/28/2012 |
| |
TOTAL |
05/25/2012 |
| |
|
|
| 2600 |
COMMUNICATIONS |
| |
2610 |
01/21/2012 |
| |
2620 |
01/30/2012 |
| |
2630 |
06/24/2012 |
| |
2640 |
07/22/2012 |
| |
2650 |
05/01/2012 |
| |
2660 |
05/31/2012 |
| |
2670 |
04/25/2012 |
| |
2680 |
05/19/2012 |
| |
2690 |
02/18/2012 |
| |
TOTAL |
05/07/2012 |
| |
|
|
| 2800
|
SEMICONDUCTORS/MEMORY, CIRCUITS/MEASURING AND TESTING, OPTICS/PHOTOCOPYING |
| |
2810 |
09/18/2012 |
| |
2820 |
10/18/2012 |
| |
2830 |
04/28/2012 |
| |
2840 |
05/28/2012 |
| |
2850 |
05/19/2012 |
| |
2860 |
11/18/2011 |
| |
2870 |
06/06/2012 |
| |
2880 |
07/03/2012 |
| |
2890 |
09/24/2012 |
| |
TOTAL |
06/18/2012 |
| |
|
|
| 2900
|
|
| |
2910 |
01/05/2013 |
| |
TOTAL |
01/05/2013 |
| |
|
|
| 3600
|
TRANSPORTATION, CONSTRUCTION, ELECTRONIC COMMERCE, AGRICULTURE, NATIONAL SECURITY AND LICENSE AND REVIEW
|
| |
3610 |
09/21/2012 |
| |
3620 |
06/12/2012 |
| |
3630 |
10/03/2012 |
| |
3640 |
05/22/2012 |
| |
3650 |
05/10/2012 |
| |
3660 |
08/09/2012 |
| |
3670 |
07/22/2012 |
| |
3680 |
07/31/2012 |
| |
3690 |
01/20/2013 |
| |
TOTAL |
07/31/2012 |
| |
|
|
| 3700
|
MECHANICAL ENGINEERING, MANUFACTURING AND PRODUCTS |
| |
3710 |
08/18/2012 |
| |
3720 |
03/01/2012 |
| |
3730 |
06/03/2012 |
| |
3740 |
10/19/2011 |
| |
3750 |
03/07/2012 |
| |
3760 |
07/03/2012 |
| |
3770 |
06/21/2012 |
| |
3780 |
07/16/2012 |
| |
TOTAL |
04/03/2012 |
| |
|
|
| |
1 Report last updated on 11-30-2013. |
Top of Notices
Top of Notices December 31, 2013