USPTO Announces Final Rule on Changes Implementing the Patent Law Treaty | Practical Law

USPTO Announces Final Rule on Changes Implementing the Patent Law Treaty | Practical Law

The US Patent and Trademark Office (USPTO) announced a final rule revising the rules of practice for consistency between the Patent Law Treaty (PLT) and Title II of the Patent Law Treaties Implementation Act of 2012 (PLTIA).

USPTO Announces Final Rule on Changes Implementing the Patent Law Treaty

Practical Law Legal Update 2-546-0887 (Approx. 3 pages)

USPTO Announces Final Rule on Changes Implementing the Patent Law Treaty

by Practical Law Intellectual Property & Technology
Published on 07 Oct 2013 • USA (National/Federal)
The US Patent and Trademark Office (USPTO) announced a final rule revising the rules of practice for consistency between the Patent Law Treaty (PLT) and Title II of the Patent Law Treaties Implementation Act of 2012 (PLTIA).
The US Patent and Trademark Office USPTO released a final rule dated October 7, 2013 revising the USPTO's rules of practice for consistency with changes in the Patent Law Treaty (PLT) and Title II of the Patent Law Treaties Implementation Act of 2012 (PLTIA). The notable changes concern:
  • The filing date requirements for a patent application.
  • The restoration of patent rights by revival of abandoned applications and acceptance of delayed maintenance fee payments.
  • The restoration of the right of priority to a foreign application or the benefit of a provisional application in a later application filed within two months of the expiration of the 12-month period (six-month period for design applications) for filing such a later application.
The final rule also:
  • Revises the patent term adjustment provisions to provide for a reduction of any patent term adjustment if an application is not in condition for examination within eight months of its filing date or date of commencement of national stage in an international application.
  • Contains miscellaneous changes relating to the supplemental examination, inventor’s oath or declaration, and first inventor to file provisions of the Leahy-Smith America Invents Act (AIA).
The rule goes into effect on December 18, 2013.
Update: On December 11, 2013, the USPTO issued a final rule; correction with the following two minor corrections to the October 7, 2013 final rule:
  • Including the small and micro entity fee amounts for certain petitions.
  • Removing a cross-reference to a section that has been removed.