Intelectual Property (IP)

USPTO News Briefs | McDonnell Boehnen Hulbert & Berghoff LLP

In a News Brief issued last week, the U.S. Patent and Trademark Office announced that it had notified the Russian Federal Service for Intellectual Property, ​Patents and Trademarks (Rospatent) of the USPTO’s intent to terminate ​its agreement concerning Rospatent functioning as an International Searching Authority (ISA) and International Preliminary Examining Authority (IPEA) for international applications received by the USPTO as a Receiving Office under the Patent Cooperation Treaty (PCT).  The USPTO noted that the termination will take effect on December 1, 2022.  In announcing the termination, the USPTO suggested that “[i]n the interim, applicants filing international applications under the PCT are advised to exercise caution before selecting Rospatent as an ISA or IPEA.”

Patent Docs readers will recall that in March, the USPTO announced the termination of engagement with Rospatent (and also with the Eurasian Patent Organization (EAPO) and National Center of Intellectual Property (NCIP) in Belarus), and then announced that it would no longer grant requests to participate in the Global Patent Prosecution Highway (GPPH) at the USPTO when such requests were based on work performed by Rospatent as an Office of Earlier Examination under the GPPH, and then advised Applicants filing international applications under the Patent Cooperation Treaty (PCT) to exercise caution before selecting Rospatent as an International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA).

USPTO Unveils New Patent Quality Metrics Webpage

In a Patent Alert email distributed to stakeholders last week, the U.S. Patent and Trademark Office announced the launch of a new quality metrics webpage (see below), which shares the metrics that the Office uses to gauge patent examination quality.  In unveiling the new webpage, the Office noted that it is committed to “advancing a patent system that works for the public good,” and as such was “focusing on [its] mission to issue robust and reliable patents that incentivize and protect innovation and investments.”  The Office declared that “[t]he first step in that process is looking at patent quality, processes, and perceptions.”  According to the Office’s email, the new webpage reveals how the Office assesses the quality of its processes and measures stakeholder perceptions.  The Office notes that moving forward, it will use the data on the webpage, as well as internal, Patent Public Advisory Committee, and other stakeholder input, to guide patent examination improvements.  The Office also noted that it is soliciting and considering quality measures and changes, and asked that feedback or questions about the Office’s patent quality metrics be sent to qualitymetrics@uspto.gov or patentquality@uspto.gov.  The quality metrics webpage can also be accessed through the Office’s Patents Data Visualization Center webpage.

USPTO Reopens Facilities to the Public

In a News Brief distributed to stakeholders last month, the U.S. Patent and Trademark Office announced that it had entered Phase 3 and had reopened its facilities to the public.  The Office noted that on May 25, it had “fully reopened all locations to employees and resumed some in-person events and appointments for the public.”  The Office noted that visitors should review its health questionnaire prior to entering one of the Office’s locations, and may not enter facilities if they answer “yes” to any of the following questions on the questionnaire:

1.  In the last 10 days, have you tested positive for COVID-19 or been told by a healthcare provider that you are presumed positive?
2.  In the last 48 hours, have you experienced any of the below symptoms that cannot be explained by something other than COVID-19?
3.  If you have recently traveled (internationally or domestically), are you currently subject to any federal, state, tribal, or local quarantine or isolation requirements (requirements may vary depending on your vaccination status)?
4.  In the last 10 days, have you been in close contact (6 feet or closer for a cumulative total of 15 minutes over a 24-hour period) with an individual who tested positive or is presumed positive for COVID-19, or has any health official or medical provider informed you that you have potentially been exposed to COVID-19? [The last question applies to visitors who “are not up to date on [their] COVID-19 vaccinations and have not had COVID-19 within the last 90 days”.]

The Office noted that its continues to monitor local conditions for all of its locations as determined by the Center for Disease Control’s (CDC) COVID-19 community levels, and that such levels can be low, medium, or high.  In communities with low or medium transmission levels, wearing a mask in the Office’s buildings is optional, and in communities with high transmission levels, wearing a mask in the Office’s buildings is mandatory.  The Office’s locations are:  Alexandria, VA; Dallas, TX; Denver, CO; Detroit, MI; and San Jose, CA.  Additional information on the USPTO’s COVID-19 protocols can be found at the Office’s COVID-19 webpage.

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