USPTO Announces America Invents Act Implementation Rulemaking Proceedings

January 5, 2012. The U.S. Patent and Trademark Office (USPTO) published three notices in the Federal Register that propose changes to its rules of practice to implement various provisions of HR 1249 [LOC | WW], the "Leahy-Smith America Invents Act", which was signed into law in September of 2011.

These proceedings pertain to post patent reviews, pre patent issuance submissions by third parties, and USPTO disciplinary proceedings.

President Obama signed this Act into law on September 16, 2011. It is Public Law No. 112-29. The deadline to submit all comments in all three proceedings is March 5, 2012.

First, the USPTO published a notice in the Federal Register that announces, describes, recites, and sets the deadline to submit comments on, proposed changes to its rules of practice to implement the provisions of Section 6 the "Leahy-Smith America Invents Act", regarding post patent review provisions. See, Federal Register, Vol. 77, No. 3, Thursday, January 5, 2012, at Pages 442-448.

Second, the USPTO published a notice that announces, describes, recites, and sets the deadline to submit comments on, proposed changes to its rules of practice to implement the provisions of Section 8 of the "Leahy-Smith America Invents Act", which amends 35 U.S.C. 122 regarding pre patent issuance submissions by third parties.

This amendment provides a mechanism for third parties to submit to the USPTO, for consideration and inclusion in the record of a patent application, any patents, published patent applications, or other printed publications of potential relevance to the examination of the application. President Obama signed this Act into law on September 16, 2011. It is Public Law No. 112-29. See, Federal Register, Vol. 77, No. 3, Thursday, January 5, 2012, at Pages 448-457.

Third, the USPTO published a notice that announces, describes, recites, and sets the deadline to submit comments on, proposed changes to its rules of practice to implement the provisions of Section 32 of the "Leahy-Smith America Invents Act", regarding USPTO disciplinary proceedings against any person, agent, or attorney who fails to comply with USPTO regulations. See, Federal Register, Vol. 77, No. 3, Thursday, January 5, 2012, at Pages 457-461.