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USPTO
Seeks Further Public Input on Patent Subject Matter Eligibility
 The U.S. Department of Commerce's United States Patent and
Trademark Office (USPTO) announced that as part of its effort to solicit input
from the public regarding the legal contours of patent subject matter
eligibility, it will be holding two roundtables, one in November and one in
December.
“In recent years, the jurisprudence on the very basic issue of
what is patent eligible subject matter has been evolving requiring adjustments
by innovators, businesses, lower courts and administrative agencies such as the
USPTO,” said Under Secretary of Commerce for Intellectual Property and Director
of the United States Patent and Trademark Office Michelle K. Lee. “Our goal is
to minimize any uncertainty in the patent system by ensuring we not only
continue to apply the statute and case law in this area as faithfully as
possible, but also understand the impact of the jurisprudence on innovation and
assess what, if any, changes might be helpful to further support innovation.”
To learn more, read the press
release.
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Remarks by Commissioner for Trademarks Mary Boney Denison at the
2016 Trademark Expo
 This is my first Expo
as Commissioner for Trademarks and I chose to move the Expo from the USPTO
campus in Alexandria, VA to Washington, DC to make it more accessible for a
wider range of attendees. An important part of the mission at the USPTO is
education and outreach and this venue certainly aligns with the agency’s
ongoing education outreach efforts. What better location to connect with and
educate citizens on the important role of trademarks in the national and global
economy than here a few feet from the National Mall and so close to Capitol
Hill.
Speaking of Capitol
Hill, I recently attended a celebration of the 70th anniversary of the Lanham
Act on Capitol Hill. Also in attendance
were Under Secretary of Commerce for Intellectual Property and Director of the
USPTO Michelle Lee, Senators Coon and Grassley, and Representative DelBene. As
Director Lee noted in her remarks, “The advantages enshrined in federal
trademark law because of the Lanham Act are critical to competing and thriving
in today’s global economy.”
A recent USPTO
Department of Commerce report, that builds upon a 2012 report, found that 81
industries are Intellectual Property-intensive. Among those,
Trademark-intensive industries once again were the largest in number and
contributed the most employment—more than 23 million jobs in 2014. Trademarks are often considered the most
valuable asset of a company. How do you know the product or service is of high
quality? By the Trademark! Some of the world’s most famous brands are valued in
the hundreds of millions of dollars.
Read the remarks by
Commissioner for Trademarks Mary Boney Denison or watch the archived
livestream of the opening ceremony.
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Remarks by
Director Michelle K. Lee at the 2016 AIPLA Luncheon
 Together, we have put the agency
in a spot where we are ready to build on our successes. Today, we are
financially more secure thanks to the America Invents Act, a milestone of this
Administration, which gave us, among other things, fee setting authority.
Additionally, we are more customer-service oriented and more responsive to
stakeholder input than ever before. We’ve constantly welcomed—in fact
solicited—feedback and input, and are willing to refine and improve where
needed. We’ve had more RFC’s, Proposed Rules, and roundtables than ever
before–and thank you for your input and patience responding to each. Whether
you gave feedback on our EPQI, our 101 guidance, our PTAB implementation and
refinements, and/or our transparency of patent ownership proposal, your input
has been valuable.
We’ve also brought a broader range
of services to support American innovators where and when needed, including:
Through four regional offices across the country and over a dozen IP attaches
across the globe. And, we’ve worked to provide you with more
access to examiner interviews by training and promoting their benefits
internally at the USPTO and externally, leading to an increase of 232% more
interviewing hours in just eight years.
Read the remarks by
Director Michelle K. Lee.
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USPTO Proposes Patent and PTAB Fee Adjustments
 The Patent and Patent Trial
and Appeal Board (PTAB) organizations continue to identify ways to deliver
increasing value to the global intellectual property community. The USPTO has
made tremendous progress reducing overall patent pendency, reducing our
inventory of unexamined applications, enhancing patent examination quality,
reducing the ex parte appeal inventory, and implementing the post-grant review
proceedings established by the America Invents Act (AIA). While great progress
has been made, there is still much to be accomplished.
Read the guest blog by Commissioner for Patents Drew Hirshfeld and Chief Judge of the
Patent Trial and Appeal Board David Ruschke.
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USPTO Launches New Jobs Pages and Outreach to Hispanic
Millennials
 USPTO’s
mission, providing timely and high quality examination of patent and trademark
applications, could be compromised with 18% of our workforce eligible to retire
in the next 3-5 years. Therefore, it is crucial that we actively recruit
new talent from across the country and from all backgrounds.
As
we celebrate Hispanic Heritage Month, we recognize that Hispanic
employees at the USPTO provide a richness in skill,
creativity, thought leadership and determination.
Through
our newly redesigned careers pages, “USPTO Jobs,” social media, and other digital means, the USPTO is
modernizing the way we recruit prospective employees, with special attention
paid to reaching highly-qualified jobseekers from underrepresented groups. In
particular, I am delighted to announce a new digital outreach strategy designed
to reach Hispanic Millennials, making sure they know about job opportunities at
the USPTO.
Read the guest blog by Director of the Office of Equal Employment Opportunity and
Diversity Bismarck Myrick.
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Improving the Trademark Register
 When selecting a mark
for a new product or service, a business will search the USPTO database of registered
marks to determine whether a particular mark is available. Registered
trademarks that are not actually in use in commerce unnecessarily block someone
else from registering the mark.
To ensure the accuracy
of our trademark registry, in 2012, the USPTO launched a pilot program to
gather data on whether registered marks were actually being used on the
products and services listed on their registrations.
Read the guest blog by Commissioner for Trademarks Mary Boney Denison.
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Protecting the Rights of American Innovators in Cuba
 President Obama’s historic announcement,
just two years ago, paved a new course of history for a more open U.S.-Cuba
relationship—and today the
Administration is taking steps to not only break down economic barriers, but also give
way to more scientific collaboration, unlocking new opportunities for
innovation. That presents a dynamic opportunity for the U.S. Patent and
Trademark Office (USPTO) — an agency of the U.S. Department of Commerce — to
support and facilitate trade and investment between our countries. That’s why
under leadership of President Obama and Secretary Pritzker, we are working to
create a framework for strong intellectual property rights that will anchor
investment, and fuel research and development in both countries. And it’s
also why last week I participated in an historic office-to-office meeting
between the USPTO and the Cuban Intellectual Property Office (OCPI) during the
World Intellectual Property Office (WIPO) General Assemblies in Switzerland, to
exchange perspectives on how each of our systems can be strengthened for the
21st century.
Read the guest blog by Deputy Director Russ Slifer.
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Patent Quality Chat – Assistance in Patenting: Patents
Ombudsman and Pro Se Assistance
 The Deputy Commissioner for Patent Quality held the eleventh
Patent Quality Chat in the 2016 webinar series on Tuesday, October 11th from
noon to 1 pm ET on Assistance in Patenting: Patents Ombudsman and
Pro Se Assistance. Speakers Anthony Knight, Director
of Stakeholder Outreach and Patents Ombudsman and Mindy Bickel,
Associate Commissioner for Innovation Development detailed how the Pro Se Assistance Program helps inventors and small business owners who file patent
applications without the assistance of a registered patent attorney or agent, and how the Patents
Ombudsman Program assists applicants during
patent applications prosecution. Improving interactions with our patent customers
is a key part of the USPTO’s Enhanced Patent Quality Initiative
(EPQI).
Patent Quality Chat is a monthly, lunchtime webinar series designed to provide
information on patent quality topics and gather your input. The next Patent Quality Chat will be held on November 8 and will discuss the findings of
the USPTO’s Clarity
of the Record Pilot.
To learn more about the October Patent
Quality Chat, watch the archived video or view the presentation slides.
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