Huge Last Lead Makings of 2004.


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December 8, 2004. 2. Last Rule Makings. Changes to Support Implementation of the USPTO 21St Century Strategic Plan, Final Rule, 69 Fed. Reg. 56481 (September 21, 2004), 1287 Off. Gaz. Pat. Office 67 (October 12, 2004).Rules of Practice before the Board of Patent Appeals and Interferences, Final Rule, 69 Fed. Reg. 49959 (August 12, 2004), 1286 Off. Gaz. Pat. Office 204 (September 7, 2004). Revisio
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Slide 1

Biotech Partnership Meeting December 8, 2004 Significant Final Rule Makings of 2004 Bob Spar, Director Office of Patent Legal Administration (OPLA) (571) 272-7700 Deputy Commissioner for Patent Examination Policy (DCPEP) PatentPractice@uspto.gov

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Final Rule Makings Changes to Support Implementation of the USPTO 21 St Century Strategic Plan , Final Rule, 69 Fed. Reg. 56481 (September 21, 2004), 1287 Off. Gaz. Pat. Office 67 (October 12, 2004). Standards of Practice before the Board of Patent Appeals and Interferences , Final Rule, 69 Fed. Reg. 49959 (August 12, 2004), 1286 Off. Gaz. Pat. Office 204 (September 7, 2004). Correction of Power of Attorney and Assignment Practice , Final Rule, 69 Fed. Reg. 29865 (May 26, 2004), 1283 Off. Gaz. Pat. Office 148 (June 22, 2004).

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Final Rules, Federal Register Notices, and Official Gazette Notices are accessible on the USPTO site at: http://www.uspto.gov/web/workplaces/pac/dapp/ogsheet.html

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4 December 8, 2004 Changes to Support Implementation of the USPTO 21 st Century Strategic Plan Changes to Support Implementation of the United States Patent and Trademark Office 21 st Century Strategic Plan , Final Rule, 69 Fed. Reg. 56481 (September 21, 2004), 1287 Off. Gaz. Pat. Office 67 (October 12, 2004).

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Significant Changes § 1.4 Signatures (including Electronic and S-marks) § 1.6 Submission of Drawing by Facsimile § 1.17 Petition Fees § 1.19 Document Supply Fees § 1.27 Small Entity Status § 1.52 Font Sizes, Compact Disk Specifications § 1.57 (New) Incorporation by Reference §§ 1.58, 1.83 Tables, Sequence Listings § 1.76 Application Data Sheet § 1.78 Benefit Claims § 1.84 Drawings §§ 1.91, 1.94 Models, Exhibits, Specimens § 1.98 Information Disclosure Statements § 1.102 Advancement of Examination § 1.105 Requirements for Information § 1.111 Supplemental Replies § 1.115 Preliminary Amendments §§ 1.175, 1.178 Reissue Applications § 1.215 Eighteen Month Publication §1.291 Protests

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Effective Dates There are three compelling dates taking into account the September 21, 2004 date of production of the last control in the Federal Register, as takes after: September 21, 2004 - The progressions to 37 CFR §§ 1.4, 1.6, 1.10, 1.27, 1.57(a)(1) & (a)(2), 1.78, 1.84, 1.115, 1.137, 1.178, and 1.311. October 21, 2004 - The progressions to 37 CFR §§ 1.8, 1.52, 1.57 (b) – (g),1.58, 1.63, 1.69, 1.76, 1.83, 1.85, 1.91, 1.94, 1.98, 1.102, 1.105, 1.111, 1.121, 1.131, 1.165, 1.173, 1.175, 1.179, 1.215, 1.324, 10.18 and 104.3. November 22, 2004 - The progressions to 37 CFR §§ 1.12, 1.14, 1.17, 1.19, 1.47, 1.53, 1.57(a)(3), 1.59, 1.84(a)(2), 1.103, 1.136, 1.182, 1.183, 1.291, 1.295, 1.296, 1.377, 1.378, 1.550, 1.741, 1.956, 5.12, 5.15, 5.25 and 41.20.

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3 Types of Permitted Signatures 37 CFR 1.4(d) Handwritten (by and by marked) marks are presently particularly accommodated in § 1.4(d)(1). The accompanying extra sorts of mark are presently adequate: S-marks (§ 1.4(d)(2)): Example for marking candidate:/James Jones/James T. Jones Electronic Filing System (EFS) character coded (electronic) marks for correspondence transmitted by means of EFS (§1.4(d)(3)) Note: electronic marks in EFS must be finished by filling in the suitable EFS menu EFS marks have beforehand been satisfactory under a waiver. Note: Samples of adequate marks for candidates and enlisted professionals are posted on the Office\'s site.

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S-Signatures, 37 CFR 1.4(d)(2) Definition and Uses A S-Signature is any signature between forward cuts that is not a transcribed (§§ 1.4(d)(1) or (e)) or an EFS character coded signature (§ 1.4(d)(3)). It is embedded between the forward cuts by electronic ( e.g. , a word processor) or mechanical means. S-Signatures might be utilized to sign all correspondence unless generally unequivocally rejected ( e.g., when a unique written by hand or "wet" mark is required, for example, is put forward in 37 CFR 1.4(e)). S-Signatures might be utilized on records that are either : Mailed or hand (dispatch) conveyed, Transmitted by copy, or Submitted by means of EFS straightforwardly as an EFS Tagged Image File Format (TIFF) connection ( e.g. , examined picture), to the Office.

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S-Signatures – 5 Requirements 37 CFR 1.4(d)(2) The S-signature must comprise just of letters (counting Kanji, and so forth.), or Arabic numbers, or both, and fitting spaces, commas, periods, punctuations, or hyphens for accentuation. The S-signature must be set between forward slices . The individual marking must embed his or her own particular mark, § 1.4(d)(2)(i) Only the endorser can embed their own mark: a secretary, paralegal, and so forth., is not allowed to sign/embed someone else\'s mark, e.g. , a specialist\'s mark, and a professional is not allowed to sign/embed a designer\'s mark. Note: Per the tenet itself, the individual embeddings a mark affirms that the mark is his or her own mark (§ 1.4(d)(4)(ii)(B)).

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S-Signature – 5 Requirements (proceeded) 37 CFR 1.4(d)(2) The name of the individual marking must be printed or wrote quickly adjoining ( i.e, beneath, above, or adjacent to) to the S-signature, and be sensibly particular, so the character of the endorser can be promptly perceived. The name of the individual marking might be embedded by somebody other than the individual marking, yet the individual marking must actually embed the S-Signature . For instance, a secretary, paralegal, and so forth., may sort the name of the individual marking whenever (e.g., before or after the individual marking embeds his or her own particular mark). An enrolled professional may S-sign however his or her enlistment number is required, either as a feature of the S-signature, or instantly beneath or nearby the mark. For instance:/John Attorney Reg. #99999/ John Attorney

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Examples Where S-Signatures Can Be Used An expert makes a record and S-signature signs it on his/her PC. The specialist can then: Facsimile transmit the report specifically from the PC to the Office; or Print the archive and afterward copy transmit, mail, or hand-convey the record to the Office A sworn statement under § 1.132 is S-marked by the gathering making the affirmation, the S-marked oath is then: Electronically sent to the expert, e.g., through an email. The specialist can then copy transmit, mail or hand-convey the S-signature marked report to the Office. Note: Per the standard itself, the individual presenting a report with a S-Signature or EFS character coded mark is confirming that they have a sensible conviction that the individual whose mark is available on the archive was embedded by that individual § 1.4(d)(ii)(A).

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EFS Character Coded Signatures, 37 CFR 1.4(d)(3) EFS Character Coded marks must comprise just of English letters, Arabic numbers, or both, with accentuation wrote into an EFS menu. (§ 1.4(d)(3)). The individual marking must actually embed his/her electronic mark between forward cuts as with S-marks yet: The name of the endorser is not required in the tenet since it is a required EFS programming input. The EFS programming likewise decides the area of the underwriter\'s printed name and enrollment number, if material. The accompanying correspondence recorded by means of EFS as an EXtensible Markup Language (XML) archive may incorporate an EFS character coded signature: new applications, assignments, revised biotech postings, and e-IDS\'s.

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Examples of EFS Signatures in IFW How correspondence made utilizing, and transmitted through, EFS with a character coded signature shows up in IFW "Electronic Version" and "Template Version" show up in upper left parcel of report demonstrating the adaptation of EFS programming utilized: Example: The character coded mark is named: "Mark" in assertion of this EFS form :

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Name Requirement for S-Signatures and EFS Character Coded Signatures There is no necessity that the underwriter\'s real, full or lawful name be utilized. It is unequivocally recommended that the full name be utilized; The wrote or introduced name beneath the mark must be sensibly sufficiently particular so that the character of the endorser can be promptly perceived (37 CFR 1.4(d)(2)(iii)(B)). Titles might be incorporated as a feature of the mark.

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Certification Requirements 37 CFR 1.4(d)(4) Certification Requirement (§ 1.4(d)(4)(ii)(A)) For another\'s mark: A man presenting a record marked by another under § 1.4(d)(2) or (d)(3): is committed to have a sensible premise to trust that the individual whose mark is available on the report really embedded that mark, and ought to hold proof of credibility of the mark. For your own particular mark: The individual embeddings a mark under § 1.4(d)(2) or (d)(3) in an archive submitted to the Office guarantees that the embedded mark showing up in the record is his or her own particular mark. Infringement of the mark affirmations may bring about the inconvenience of approvals under §§ 10.18(c) and (d).

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Questionable Signatures Ratification, affirmation or proof of realness of a mark might be required where the Office has: Reasonable uncertainty as to its validness, Where the mark and wrote or printed name don\'t unmistakably distinguish the individual marking. The inability to take after the S-signature organization and substance prerequisites will as a rule be dealt with as a real endeavor, however will bring about the paper to be dealt with as unsigned with varying results, e.g. : Amendments would get another 1-month day and age § 1.63 statements, would get a two month day and age and an additional charge might be forced.

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Drawings May Be Submitted by Facsimile - 37 CFR 1.6 Effective date: September 21, 2004 Black and white drawings will be

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