[Federal Register Volume 78, Number 238 (Wednesday, December 11, 2013)]
[Rules and Regulations]
[Pages 75251-75252]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29523]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

37 CFR Part 1

[Docket No.: PTO-P-2013-0007]
RIN 0651-AC85


Changes To Implement the Patent Law Treaty; Correction

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Final rule; correction.

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SUMMARY: The United States Patent and Trademark Office (Office) 
published in the Federal Register on October 21, 2013, a final rule 
revising the rules of practice in patent cases for consistency with the 
changes in the Patent Law Treaty (PLT) and provisions of the Patent Law 
Treaties Implementation Act of 2012 (PLTIA) that implement the PLT (PLT 
Final Rule). The PLT Final Rule as published in the Federal Register 
inadvertently omits the small and micro entity fee amounts for certain 
petitions and contains a cross-reference to a section that has been 
removed. This document corrects the omission and removes the cross-
reference in the PLT Final Rule as published in the Federal Register.

DATES: Effective Date: December 18, 2013.

FOR FURTHER INFORMATION CONTACT: Robert W. Bahr, Senior Patent Counsel,

[[Page 75252]]

Office of Patent Examination Policy, at (571) 272-8090.

SUPPLEMENTARY INFORMATION: The United States Patent and Trademark 
Office (Office) published in the Federal Register on October 21, 2013, 
a final rule revising the rules of practice in patent cases for 
consistency with the changes in the Patent Law Treaty (PLT) and 
provisions of the Patent Law Treaties Implementation Act of 2012 
(PLTIA) that implement the PLT. See Changes to Implement the Patent Law 
Treaty, 78 FR 62367 (Oct. 21, 2013). The PLT Final Rule as published in 
the Federal Register inadvertently omits the small and micro entity fee 
amounts for petitions referring to the petition fee set forth in 37 CFR 
1.17(g). See Changes to Implement the Patent Law Treaty, 78 FR at 
62395. The PLT Final Rule as published in the Federal Register also 
amends 37 CFR 1.197 to refer to 37 CFR 90.3 rather than former 37 CFR 
1.304 for the time for appeal or for commencing a civil action. The 
judicial review provisions of 37 CFR 1.302 through 1.304 were replaced 
by 37 CFR part 90 in September of 2012, but 37 CFR 1.197(a) as 
published in the Federal Register inadvertently retains a cross-
reference to 37 CFR 1.304. See Changes to Implement the Patent Law 
Treaty, 78 FR at 62382-83 and 62406. This document corrects 37 CFR 1.17 
to include the small and micro entity fee amounts for petitions 
referring to the petition fee set forth in 37 CFR 1.17(g) and removes 
the cross-reference to former 37 CFR 1.304 from 37 CFR 1.197(a).
    In rule FR Doc. 2013-24471, published on October 21, 2013 (78 FR 
62367), make the following corrections:


Sec.  1.17  [Correction]

0
1. On page 62395, second and third columns, revise amendatory 
instruction 9 and its amendatory text to read as follows:

0
9. Section 1.17 is amended by revising paragraphs (f), (g), (m), and 
(p), adding new paragraph (o), and removing and reserving paragraphs 
(l) and (t) to read as follows:


Sec.  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 (Sec.   1.29)..............................    $100.00
By a small entity (Sec.   1.27(a))...........................    $200.00
By other than a small or micro entity........................    $400.00
 

    Sec.  1.36(a)--for revocation of a power of attorney by fewer than 
all of the applicants.
    Sec.  1.53(e)--to accord a filing date.
    Sec.  1.182--for decision on a question not specifically provided 
for in an application for patent.
    Sec.  1.183--to suspend the rules in an application for patent.
    Sec.  1.741(b)--to accord a filing date to an application under 
Sec.  1.740 for extension of a patent term.
    (g) For filing a petition under one of the following sections which 
refers to this paragraph:

By a micro entity (Sec.   1.29)..............................     $50.00
By a small entity (Sec.   1.27(a))...........................    $100.00
By other than a small or micro entity........................    $200.00
 

    Sec.  1.12--for access to an assignment record.
    Sec.  1.14--for access to an application.
    Sec.  1.46--for filing an application on behalf of an inventor by a 
person who otherwise shows sufficient proprietary interest in the 
matter.
    Sec.  1.55(f)--for filing a belated certified copy of a foreign 
application.
    Sec.  1.57(a)--for filing a belated certified copy of a foreign 
application.
    Sec.  1.59--for expungement of information.
    Sec.  1.103(a)--to suspend action in an application.
    Sec.  1.136(b)--for review of a request for extension of time when 
the provisions of Sec.  1.136(a) are not available.
    Sec.  1.377--for review of decision refusing to accept and record 
payment of a maintenance fee filed prior to expiration of a patent.
    Sec.  1.550(c)--for patent owner requests for extension of time in 
ex parte reexamination proceedings.
    Sec.  1.956--for patent owner requests for extension of time in 
inter partes reexamination proceedings.
    Sec.  5.12--for expedited handling of a foreign filing license.
    Sec.  5.15--for changing the scope of a license.
    Sec.  5.25--for retroactive license.
* * * * *
    (l) [Reserved]
    (m) For filing a petition for the revival of an abandoned 
application for a patent, for the delayed payment of the fee for 
issuing each patent, for the delayed response by the patent owner in 
any reexamination proceeding, for the delayed payment of the fee for 
maintaining a patent in force, for the delayed submission of a priority 
or benefit claim, or for the extension of the twelve-month (six-month 
for designs) period for filing a subsequent application (Sec. Sec.  
1.55(c), 1.55(e), 1.78(b), 1.78(c), 1.78(e), 1.137, 1.378, and 1.452):

By a small entity (Sec.   1.27(a)) or micro entity (Sec.         $850.00
 1.29).......................................................
By other than a small or micro entity........................  $1,700.00
 

* * * * *
    (o) For every ten items or fraction thereof in a third-party 
submission under Sec.  1.290:

By a small entity (Sec.   1.27(a)) or micro entity (Sec.          $90.00
 1.29).......................................................
By other than a small entity.................................    $180.00
 

    (p) For an information disclosure statement under Sec.  1.97(c) or 
(d):

By a micro entity (Sec.   1.29)..............................     $45.00
By a small entity (Sec.   1.27(a))...........................     $90.00
By other than a small or micro entity........................    $180.00
 

* * * * *
    (t) [Reserved]


Sec.  1.197   [Correction]

0
2. On page 62406, second and third columns, revise amendatory 
instruction 32 and its amendatory text to read as follows:

0
32. Section 1.197 is revised to read as follows:


Sec.  1.197   Termination of proceedings.

    (a) Proceedings on an application are considered terminated by the 
dismissal of an appeal or the failure to timely file an appeal to the 
court or a civil action except:
    (1) Where claims stand allowed in an application; or
    (2) Where the nature of the decision requires further action by the 
examiner.
    (b) The date of termination of proceedings on an application is the 
date on which the appeal is dismissed or the date on which the time for 
appeal to the U.S. Court of Appeals for the Federal Circuit or review 
by civil action (Sec.  90.3 of this chapter) expires in the absence of 
further appeal or review. If an appeal to the U.S. Court of Appeals for 
the Federal Circuit or a civil action has been filed, proceedings on an 
application are considered terminated when the appeal or civil action 
is terminated. A civil action is terminated when the time to appeal the 
judgment expires. An appeal to the U.S. Court of Appeals for the 
Federal Circuit, whether from a decision of the Board or a judgment in 
a civil action, is terminated when the mandate is issued by the Court.

    Dated: December 5, 2013.
Margaret A. Focarino,
Commissioner for Patents, Performing the functions and duties of the 
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2013-29523 Filed 12-10-13; 8:45 am]
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