USPTO Extends Missing Parts Pilot Program Once More
USPTO Extends Missing Parts Pilot Program Once More
Inside a Federal Register notice printed a week ago (79 Given. Reg. 642), the U.S. Patent and Trademark Office announced the Extended Missing Parts Pilot Program which was implemented 3 years could be extended for an additional year. The pilot program enables applicants to request a twelve-month extension to pay for looking fee, examination fee, any excess claim charges, and surcharge for late submission from the search and examination charges inside a nonprovisional application. The notice signifies the pilot program benefits applicants by supplying more hours to find out if patent protection ought to be searched for and concentrate on commercialization efforts, benefits the general public with the addition of publications towards the prior art, and benefits work by removing nonprovisional applications that applicants decline to pursue from the workload. The pilot program continues to be extended through December 31, 2014.
In December 2010, work implemented the Extended Missing Parts Pilot Program, noting it would “effectively give a 12-month extension towards the existing 12-month provisional application period, supplying applicants more hours to locate financial aid, evaluate a product’s worth available on the market or further get the invention for commercialization” (see “USPTO Implements Pilot Program Extending Provisional Application Period”). Work initially searched for comments concerning the enter in April 2010 (see “USPTO Seeks to Effectively Double Provisional Application Period”). Underneath the pilot program, work modified its missing parts practice — which allows a job candidate to pay for the filing charges and submit an performed oath or declaration following the filing of the nonprovisional application inside a two-month period of time that’s extendable for the next five several weeks on payment of extension of your time charges — so that applicants would file a nonprovisional application with a minumum of one claim inside the 12-month statutory period following the provisional application was filed (in addition to spend the money for fundamental filing fee, submit an performed oath or declaration, and never file a nonpublication request) after which obtain a 12-month period within which to determine if the nonprovisional application ought to be performed by having to pay the needed surcharge and also the search, examination, and then any excess claim charges.
Applicants wanting to have fun playing the pilot program must fulfill the following needs, which remain unchanged underneath the extension from the pilot program:
(1) submit an accreditation and ask for to have fun playing the program during the time of filing of the nonprovisional application (preferably using Form PTO/AIA/421)
(2) the applying should be an authentic (not reissue) nonprovisional utility or plant application filed under 35 U.S.C. 111(a)
(3) the nonprovisional application must directly claim the advantage under 35 U.S.C. § 119(e) and 37 C.F.R. § 1.78 of the prior provisional application filed inside the previous twelve several weeks, using the specific mention of provisional application being produced in a credit card applicatoin data sheet and
(4) you mustn’t have filed a nonpublication request.
In last week’s notice concerning the extension from the pilot program, work once more:
[C]autions all applicants that, to be able to claim the advantage of a previous provisional application, the statute needs a nonprovisional application filed under 35 U.S.C. 111(a) to become filed within twelve several weeks following the date which the related provisional application was filed. See 35 U.S.C. 119(e). It is necessary that applicants realize that the Extended Missing Parts Pilot Program cannot and doesn’t change this statutory requirement.
However, cellular the alterations within the rules of practice made pursuant to title II from the Patent Law Agreements Implementation Act of 2012 (PLTIA), which amends U.S. Patent Law to apply the provisions from the Patent Law Agreement (PLT), work notes that the applicant may now file a petition to revive the advantage of a provisional application filed as much as 14 several weeks earlier. More to the point, the notice signifies that “if your petition to revive the advantage claim of the prior provisional application is needed, the applying isn’t qualified for participation within the Extended Missing Parts Pilot Program.”
The shape for requesting participation within the program (PTO/AIA/421) also outlines the PTA results of participation within the program, proclaiming that:
Any patent term adjustment (PTA) accrued by applicant according to certain administrative delays through the USPTO is offset with a reduction for failing to resolve a notice through the USPTO within three several weeks. See 37 CFR 1.704(b). Thus, if applicant replies to some notice to file for missing parts greater than three several weeks following the mailing date from the notice, the extra time that applicant takes to resolve the notice is going to be treated being an offset to the positive PTA accrued through the applicant.
Additionally, underneath the pilot program, nonprovisional applications continue to be printed based on the existing 18-month publication provisions. More to the point, work “advises” that:
[T]he extended missing parts period has no effect on the twelve-month priority period supplied by the Paris Convention for that Protection of commercial Property (Paris Convention). Accordingly, any foreign filings must be made within twelve several weeks from the filing date from the provisional application if applicant desires to depend around the provisional application within the foreign-filed application or maybe protection is preferred inside a country requiring filing within twelve several weeks from the earliest application that legal rights remain outstanding to become titled to priority.
Within the notice regarding the newest extension from the pilot program, work notes that applications that aren’t filed digitally it’s still assessed a $400 additional fee (or $200 for small entities) pursuant towards the AIA, this fee is going to be due inside the two-month (extendable) period of time to resolve the Notice to file for Missing Areas of Nonprovisional Application, which applicants won’t be because of the 12-month period of time underneath the pilot program to pay for this fee.