Changes in Signature and Filing Requirements for Correspondence Filed in the Patent and Trademark Office

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 1

[Docket No. 961030301-6301-01]

RIN 0651-AA55

Changes in Signature and Filing Requirements for Correspondence

Filed in the Patent and Trademark Office

AGENCY: Patent and Trademark Office, Commerce.

[[Page 64028]]

ACTION: Correcting amendment.

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SUMMARY: This document contains a further correction to the final

regulations which were published Friday, October 22, 1993 (58 FR

54494). The regulations related to the changes in signature and filing

requirements for correspondence filed in the Patent and Trademark

Office. The correction re-inserts part of a rule (37 CFR 1.741) that

was inadvertently deleted when the rule was amended.

EFFECTIVE DATE: December 3, 1996.

FOR FURTHER INFORMATION CONTACT: Karin Tyson by telephone at (703) 305-

9285; by mail marked to her attention and addressed to the Assistant

Commissioner for Patents, Box COMMENTS--PATENTS, Washington, D.C.

20231; or by fax marked to her attention at (703) 308-6916.

SUPPLEMENTARY INFORMATION:

Background

The final regulation that is the subject of this correction was

revised to change ``Certificate of Mailing'' to ``Certificate of

Mailing or Transmission'' in 37 CFR 1.741(a) as published at 58 FR

54494 (October 22, 1993), corrected at 58 FR 64154 (December 6, 1993),

and in the Official Gazette of the Patent and Trademark Office at 1156

Off. Gaz. Pat. Office 61 (November 16, 1993), corrected at 1157 Off.

Gaz. Pat. Office 87 (December 28, 1993).

Need for Correction

As published, the final regulation inadvertently deleted the last

sentence of the first paragraph of paragraph (a) of Rule 741 and

paragraphs (a)(1)-(a)(6).

Paperwork Reduction Act Statement

Notwithstanding any other provision of law, no person is required

to respond to nor shall a person be subject to a penalty for failure to

comply with a collection of information subject to the requirements of

the Paperwork Reduction Act (PRA) unless that collection of information

displays a currently valid OMB control number.

OMB has approved the collection of the information required by this

rule under OMB # 0651-0020.

List of Subjects in 37 CFR Part 1

Administrative practice and procedure, Freedom of Information,

Inventions and patents, Reporting and record keeping requirements.

PART 1--RULES OF PRACTICE IN PATENT CASES

Accordingly, 37 CFR part 1 is corrected by making the following

correcting amendment:

1. The authority citation for 37 CFR part 1 continues to read as

follows:

Authority: 35 U.S.C. 6, unless otherwise noted.

2. In Sec. 1.741, paragraph (a) is revised to read as follows:

Sec. 1.741 Filing date of application.

(a) The filing date of an application for extension of a patent

term is the date on which a complete application is received in the

Patent and Trademark Office or filed pursuant to the ``Certificate of

Mailing or Transmission'' procedures of 37 CFR 1.8 or ``Express Mail''

provisions of 37 CFR 1.10. A complete application shall include:

(1) An identification of the approved product;

(2) An identification of each Federal statute under which

regulatory review occurred;

(3) An identification of the patent for which an extension is being

sought;

(4) An identification of each claim of the patent which claims the

approved product or a method of using or manufacturing the approved

product;

(5) Sufficient information to enable the Commissioner to determine

under 35 U.S.C. 156 subsections (a) and (b) the eligibility of a patent

for extension and the rights that will be derived from the extension

and information to enable the Commissioner and the Secretary of Health

and Human Services or the Secretary of Agriculture to determine the

length of the regulatory review period; and

(6) A brief description of the activities undertaken by the

marketing applicant during the applicable regulatory review period with

respect to the approved product and the significant dates applicable to

such activities.

* * * * *

Dated: November 26, 1996.

Bruce A. Lehman,

Assistant Secretary of Commerce and Commissioner of Patents and

Trademarks.

[FR Doc. 96-30751 Filed 12-2-96; 8:45 am]

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