USPTO - Corrected Web-ADS and Enhanced Initial Web-ADS

Today, USPTO notified of a better way to correct an application data sheet (ADS). The old ADS form in PDF was difficult to read, but the worse feature was it did not permit underlining the data to show changes forcing applicants to get out a pen and underline the added language.

Here is the USPTO notice:

"In December 2015, the USPTO implemented the Corrected Web-ADS and Enhanced Initial Web-ADS in EFS-Web in response to customer feedback. Since then, EFS-Web has received over 8,000 ADS submissions using the Enhanced Web-ADS and over 5,000 Corrected ADS submissions using the Corrected/Updated Web-ADS.

For information about these features, please see the Quick Start Guides linked below. (1) Corrected Web-based Application Data Sheet (Corrected Web ADS) -- Registered eFilers may use this option to provide a Corrected/Updated ADS per 37 CFR 1.76(c)(2), where changes will be identified with underlining for insertions and strike-through for deletions. EFS-Web will generate and attach the Corrected ADS PDF, which will be reviewed and processed by the Office of Patent Application Processing (OPAP). See the EFS-Web Corrected Application Data Sheet Quick Start Guide. (2) Enhanced Initial Web-based Application Data Sheet (Web ADS)-- EFS-Web eFilers have the option to import Inventor information, Domestic Benefit/National Stage data, and/or Foreign Priority data from a parent application(s) when completing their Web ADS submission.

Data may be retrieved for eFilers who either have power of attorney in the parent application or if the parent application is made available to the public, i.e., published or patented.  See the EFS-Web Web-based Application Data Sheet Quick Start Guide.

If you have any questions or suggestions for improvement, please contact the Electronic Business Center at 1-866-217-9197 or at ebc@uspto.gov."

Copyright © 2016 Robert Moll. All rights reserved.

USPTO - New Application Data Sheet Form for Submissions On or After November 30, 2015

The USPTO has a new Application Data Sheet (ADS) form PTO/AIA/14 for any ADS submission on or after November 30, 2015:

"The changes to the ADS form were announced in the Federal Register. See Changes to Facilitate Applicant’s Authorization of Access to Unpublished U.S. Patent Applications by Foreign Intellectual Property Offices; found on http://www.gpo.gov/fdsys/pkg/FR-2015-10-27/pdf/2015-27335.pdf Final Rule (October 27, 2015).

Applicants are no longer required to select an opt-in check box on the ADS form to provide the USPTO with authorization to permit a foreign intellectual property office participating in the priority document exchange (PDX) program access to a U.S. priority application. Instead, the revised ADS form contains by default the authorization to permit access to the U.S. priority application via the PDX program. Including a properly signed ADS form on filing will provide applicant’s authorization for the PDX program. Should applicant wish not to provide authorization for the PDX program, applicant can select the opt-out check box for this authorization on the ADS form. The revised ADS form also contains by default the authorization to permit access to the search results from a U.S. priority application by the European Patent Office (EPO). Like the PDX program, should applicant wish not to provide the EPO access to the search results, applicant can select the opt-out check box for this authorization on the ADS form.

Please note that a revised ADS form submitted after the filing of an application CANNOT be used to provide or revoke any of the authorizations to permit access discussed above. Instead, forms PTO/SB/39 and PTO/SB/69, as applicable, should be used to provide or revoke these authorizations to permit access after the filing of an application."

Copyright © 2015 Robert Moll. All rights reserved.

USPTO Updated ADS Form and Forms to Revive a Lapsed Patent or an Abandoned Application Under Patent Law Treaty

The Patent Law Treaty (PLT) entered into force in the United States on December 18, 2013. The PLT is a multilateral treaty to harmonize patent procedures, the form and content of patent applications, and legal representation. My first impression is that it generally helps applicants when they make mistakes.

For example, the USPTO recently notified me that they had new USPTO forms to implement PLT procedures to revive a lapsed patent or an abandoned application:

• Application Data Sheet (PTO/AIA/14)
• Petition for Revival of an Application for Patent Abandoned Unintentionally under 37 CFR 1.137(a) (PTO/SB/64)
• Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f))(PTO/SB/64a)
• Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)) (both PTO/SB/66 and SB/66-EFS-Web)

The USPTO says for help in submitting forms using the electronic filing system (EFS) call the patent electronic business center (EBC) from 6:00 am to 12:00 midnight (ET) Monday - Friday at 1-866-217-9197 or send an email to ebc@uspto.gov. For information on the forms, email patentpractice@uspto.gov.

Copyright © 2013 Robert Moll. All rights reserved.