The USPTO has announced that it has “reopened” the comment period for the proposed implementing regulations for the first-to-file provisions of the America Invents Act (“AIA”) which take effect March 16, 2013. Public comments now will be accepted until November 5, 2012. The USPTO has demonstrated that it takes public comments seriously, and modified some of the proposed rules for the provisions that took effect on September 16, 2012 in view of public comments. Indeed, the decision to reopen the comment period was made in response to “several requests,” and underscores the agency’s interest in receiving thoughtful input from applicants, practitioners and other stakeholders.
Controversial Proposed Rules
The following proposed rules have garnered attention from commentators:
The Meaning of “Sale” in § 102(a)(1)
Requirements for Invoking the Exceptions to § 102
Members of the public can submit written comments by email:
by postal mail:
Mail Stop Comments–Patents
Commissioner for Patents
P.O. Box 1450
Alexandria, VA, 22313-1450
Attention: Susy Tsang-Foster, Legal Advisor, Office of Patent Legal Administration
or via the Federal eRulemaking Portal (see http://www.regulations.gov).