USPTO News Briefs

By Donald Zuhn --

Patent Center to Replace EFS-Web and Private PAIR in November

In a press release issued last month, the U.S. Patent and Trademark Office announced that the Patent Center system will fully replace the EFS-Web system and the Private Patent Application Information Retrieval (Private PAIR) tool for the electronic filing and management of patent applications beginning on November 8, 2023.  The Office noted that since the launch of Patent Center six years ago, the system has undergone rigorous user testing and iterative improvements, based largely on public feedback, and that the Office would continue to use the feedback it receives from stakeholders to further refine Patent Center to meet stakeholder needs.  The Office also noted that suggestions and ideas for improvements to the Patent Center system can be submitted by contacting [email protected].

USPTO to Use Applicant-Suggested Figure in Patent Application Publications

In a notice published in the Official Gazette (1514 OG 107) last month, the U.S. Patent and Trademark Office announced that the Office will begin exclusively using the drawing figure suggested by an Applicant for the front page of a patent application publication when the suggestion is included on a compliant Application Data Sheet (ADS) that has been timely filed before the application publication process has begun.  Prior to this change in procedure, which took effect earlier this month, the Office had not been bound by an Applicant's suggestion.  If an Applicant does not include a figure suggestion in a compliant ADS filed before the publishing process begins, the Office will select a figure.

The Office noted that the publication process typically begins about fourteen weeks before the projected publication date listed on the filing receipt.  The OG notice also indicates that although the Office will make every effort to use the figure selected by an Applicant, the Office "continues to not be bound by the applicant's figure suggestion," and the Office "will not treat its failure to use the figure suggested by the applicant for the first page of the pre-grant publication as a material mistake in the publication for purposes of a corrected patent application publication under 37 CFR 1.221(b)."

USPTO Eliminates e-Office Action Postcard

In a notice published in the Federal Register (88 Fed. Reg. 64899) last month, the U.S. Patent and Trademark Office announced the elimination of the courtesy postal postcard that the Office had been sending to stakeholders participating in the Electronic Office (e-Office) Action program.  The Office had been sending postal postcards to e-Office Action users as a reminder when communications that were available had not been viewed or downloaded within seven calendar days after the date of the notification and at least one of the listed Office communications required an Applicant's reply.  The Office will still offer e-postcards (courtesy postcards sent by email).  The Office noted that it had sought public comment on the elimination of the postal postcards and had received a single comment, which expressed views on Patent Center and not on the postal postcard.

USPTO Virtual Assistant Now Available to Users

In a notice published on the Office's website earlier this month, the U.S. Patent and Trademark Office announced that it had launched the USPTO Virtual Assistant on selected Patents webpages.  The Virtual Assistant will provide answers to common customer questions and make it easier to determine the status of patent applications.  Users can simply type "What is the status of my application?" into the chat box and enter the application number when prompted.  The Office noted that the Virtual Assistant is an example of its efforts to leverage machine learning to offer improved services, and that the Office expected to expand the Virtual Assistant's knowledge base and improve its ability to recognize and answer user questions as the tool is further developed.

Comments

[kotodama]

With respect, and with appreciation for the effort and time that goes into compiling and posting these updates, I would like to gently suggest that the second item—regarding applicant's suggested publication figure—is slightly inaccurate. The posting makes it seem as though the USPTO has announced a change in policy as to whether it will honor applicant's suggested publication figure in an ADS. However, as I read it at least, the actual OG notice is a little different. The OG notice does not seem to indicate any change in honoring (or not) applicant's suggested publication figure in an ADS. Instead, the main thrust of the OG notice is that: "The USPTO is eliminating its ... consideration of the application transmittal letter for the applicant's figure suggestion." This is what I understand is meant by the OG notice's statement that the USPTO will "exclusively use" a suggested publication figure in an ADS.

-kd

[Bosco]

AIPLA has asked the USPTO to delay the full transition to PatentCenter due to problems noted by its members: https://www.aipla.org/detail/news/2023/10/30/aipla-comments-on-patent-center-and-the-retirement-of-efs-web-and-private-pair
Carl Oppedahl has noted a number of problems and has a list of “trouble tickets” at https://patentcenter-tickets.oppedahl.com/