View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML
DOC/PTO RIN: 0651-AB95 Publication ID: Fall 2007 
Title: Changes to Information Disclosure Statement Requirements and Other Related Matters 
Abstract: The U.S. Patent and Trademark Office (Office) amends its regulations on information disclosure statement (IDS) requirements and other related matters to improve the quality and efficiency of the examination process. These changes would enable the examiner to focus in on the relevant portions of submitted prior art at the very beginning of the examination process, give higher quality first actions, and minimize wasted steps. This action would make the following changes relating to submissions of IDS's by applicants: impose a requirement for the personal review of, and to provide information about, certain citations; eliminate the fees for, but permit only timely, IDS submissions; and only permit the filing of an IDS after the mailing of a notice of allowance if a claim is admitted to be unpatentable and a narrowing amendment is also submitted. The Office would also permit third parties to submit prior art up until the mailing of a notice of allowance after application publication; to no longer permit an IDS to meet the submission requirement for a request for continued examination (RCE); to permit, after payment of the issue fee, certain amendments and petitions so applicants will not have to file a continuation application or an RCE for such items; and to revise the protest rule to better set forth options that applicants have for dealing with unsolicited information received from third parties. 
Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: No 
CFR Citation: 37 CFR 1   
Legal Authority: 35 USC 2(b)(2)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  07/10/2006  71 FR 38808   
NPRM Comment Period End  09/08/2006    
Final Action  To Be Determined    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Robert W. Bahr
Senior Patent Attorney
Department of Commerce
Patent and Trademark Office
Mail Stop Comments-Patents, Commissioner for Patents, P. O. Box 1450,
Alexandria, VA 22313
Phone:571 272-8800
Email: robert.bahr@uspto.gov