IP Alerts

IP Alert
IP Alert: USPTO Proposes New Rules to Implement Patent Law Treaty

April 12, 2013

The U.S. Patent and Trademark Office (USPTO) has published proposed rules to implement a portion of the Patent Law Treaty Implementation Act (PLTIA). (For more information on this Act, please see our IP Alert of December 30, 2012.)

The proposed rules will implement title II of the PLTIA. More specifically, the rules create new provisions relating to the filing date requirements for a patent application and to the restoration of patent right provisions of the PLTIA, and effectuate certain changes concerning patent term adjustment and incorporation by reference. The proposal also removes provisions relating to the "unavoidable" standard for revival of patent applications and lapsed patents. The USPTO will accept written comments on the proposed rules until June 10, 2013.

For more information, please contact Fitch Even partner Edward E. Clair.


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