37 CFR 5.2 - Secrecy order.
(a) When notified by the chief officer of a defense agency that publication or disclosure of the invention by the granting of a patent would be detrimental to the national security, an order that the invention be kept secret will be issued by the Commissioner for Patents.
(b) Any request for compensation as provided in 35 U.S.C. 183 must not be made to the Patent and Trademark Office, but directly to the department or agency which caused the secrecy order to be issued.
(c) An application disclosing any significant part of the subject matter of an application under a secrecy order pursuant to paragraph (a) of this section also falls within the scope of such secrecy order. Any such application that is pending before the Office must be promptly brought to the attention of Licensing and Review, unless such application is itself under a secrecy order pursuant to paragraph (a) of this section. Any subsequently filed application containing any significant part of the subject matter of an application under a secrecy order pursuant to paragraph (a) of this section must either be hand-carried to Licensing and Review or mailed to the Office in compliance with § 5.1(a).
Title 37 published on 20-Dec-2017 04:15
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 37 CFR Part 5 after this date.
GPO FDSys XML | Text type regulations.gov FR Doc. 2015-06397 RIN 0651-AC87 Docket No. PTO-P-2013-0025 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Final rule. Effective date: The changes in this final rule take effect on May 13, 2015. Applicability date: The changes to 37 CFR 1.32, 1.46, 1.63, 1.76, and 1.175 in this final rule apply only to patent applications filed under 35 U.S.C. 111, 363, or 385 on or after September 16, 2012. The changes to 37 CFR 1.53(b) and (c) and 1.57(a)(4) in this final rule apply only to patent applications filed under 35 U.S.C. 111 on or after December 18, 2013. 37 CFR Parts 1, 3, 5, 11, and 41 Title I of the Patent Law Treaties Implementation Act of 2012 (“PLTIA”) amends the United States patent laws to implement the provisions of the Geneva Act of the Hague Agreement Concerning the International Registration of Industrial Designs, July 2, 1999, (hereinafter “Hague Agreement”) and is to take effect on the entry into force of the Hague Agreement with respect to the United States. Under the Hague Agreement, qualified applicants may apply for design protection in the Contracting Parties to the Hague Agreement by filing a single, standardized international design application in a single language. The United States Patent and Trademark Office is revising the rules of practice to implement title I of the PLTIA.
GPO FDSys XML | Text type regulations.gov FR Doc. 2014-00729 RIN 0651-AC87 Docket No. PTO-P-2013-0025 DEPARTMENT OF COMMERCE, Patent and Trademark Office Notice of extension of public comment period. The comment deadline announced in the proposed rule published on November 29, 2013 (78 FR 71870) has been extended. To be ensured of consideration, written comments must be received on or before Tuesday, February 4, 2014. 37 CFR Parts 1, 3, 5 and 11 The United States Patent and Trademark Office (“USPTO” or “Office”) published a notice of proposed rulemaking to change the rules of practice to implement Title I of the Patent Law Treaties Implementation Act of 2012 (“PLTIA”). Title I of the PLTIA amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement and is to take effect on the entry in force of the Hague Agreement with respect to the United States. On January 14, 2014, the Office conducted a public forum at the Alexandria, Virginia headquarters to discuss the proposed rules. The USPTO is extending the comment period in order to provide interested members of the public with additional time to submit written comments to the USPTO.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-30785 RIN Docket No. PTO-C-2013-0059 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Notice of meeting. Event: The USPTO will hold a forum in Alexandria, Virginia, on January 14, 2014, beginning at 9:00 a.m. Eastern Standard Time (EST), and ending at 12:00 p.m. EST. Registration: Registration for the forum is requested by December 31, 2013. 37 CFR Parts 1, 3, 5 and 11 The United States Patent and Trademark Office (“USPTO” or “Office”) is convening a forum to discuss implementation of title I of the Patent Law Treaties Implementation Act of 2012 (“PLTIA”). The PLTIA amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs (“Hague Agreement”) and is to take effect on the entry into force of the Hague Agreement with respect to the United States. On November 29, 2013, the Office published a proposed rule in the Federal Register proposing changes to the rules of practice to implement title I of the PLTIA and seeking written comments on the proposals. The forum is an additional way for the public to learn about the Office's proposals in advance of the written comment deadline.
GPO FDSys XML | Text type regulations.gov FR Doc. 2013-28262 RIN 0651-AC87 Docket No. PTO-P-2013-0025 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Notice of proposed rulemaking. Comment Deadline Date: Written comments must be received on or before January 28, 2014. 37 CFR Parts 1, 3, 5 and 11 Title I of the Patent Law Treaties Implementation Act of 2012 (“PLTIA”) amends the patent laws to implement the provisions of the 1999 Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs (“Hague Agreement”) and is to take effect on the entry into force of the Hague Agreement with respect to the United States. The Hague Agreement provides that an applicant is entitled to apply for design protection in Hague Agreement member countries and with intergovernmental organizations by filing a single, standardized international design application in a single language. The United States Patent and Trademark Office (USPTO or Office) proposes changes to the rules of practice to implement title I of the PLTIA.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-17907 RIN 0651-AC68 Docket No. PTO-P-2011-0074 DEPARTMENT OF COMMERCE, Patent and Trademark Office Final rule. Effective Date: The changes in this final rule take effect on September 16, 2012. Applicability Date: The changes to 37 CFR 1.9, 1.12, 1.14, 1.17(g), 1.27, 1.32, 1.33, 1.36, 1.41, 1.42, 1.43, 1.45, 1.46, 1.53(f) and (h), 1.55, 1.56, 1.63, 1.64, 1.66, 1.67, 1.76, 1.78, 1.81, 1.105, 1.131, 1.153, 1.162, 1.172, 1.175, 1.211, 1.215, 1.321, 1.421, 1.422, 1.424, 1.431, 1.491, 1.495(a), (c), and (h), 1.497, 3.31, 3.71, 3.73, and 41.9, and the removal of 37 CFR 1.47 and 1.432, apply only to patent applications filed under 35 U.S.C. 111(a) or 363 on or after September 16, 2012. 37 CFR Parts 1, 3, 5, 10, and 41 The United States Patent and Trademark Office (Office) is revising the rules of practice to implement the inventor's oath or declaration provisions of the Leahy-Smith America Invents Act (AIA). The AIA permits a person to whom the inventor has assigned, or is under an obligation to assign, the invention, or who otherwise shows sufficient proprietary interest in the matter, to make the application for patent. The AIA also streamlines the requirements for the inventor's oath or declaration, and permits a substitute statement in lieu of an oath or declaration in certain circumstances. The Office is revising the rules of practice relating to the inventor's oath or declaration, including reissue oaths or declarations, and substitute statements signed by a person other than an inventor, and to provide for assignments containing oath or declaration statements. Additionally, the Office is revising the rules of practice relating to the inventor's oath or declaration to allow applicants to postpone filing the inventor's oath or declaration until the application is otherwise in condition for allowance. Finally, to better facilitate processing of patent applications, the Office is revising and clarifying the rules of practice for power of attorney and prosecution of an application by an assignee.
GPO FDSys XML | Text type regulations.gov FR Doc. 2012-18530 RIN 0651-AC66 Docket No. PTO-P-2011-0072 DEPARTMENT OF COMMERCE, United States Patent and Trademark Office Final rule. Effective date: The changes in this final rule are effective on September 16, 2012. 37 CFR Parts 1, 5, 10, 11, and 41 The Leahy-Smith America Invents Act (AIA) expands the scope of information that any party may cite in a patent file to include written statements of a patent owner filed in a proceeding before a Federal court or the United States Patent and Trademark Office (Office) regarding the scope of any claim of the patent, and provides for how such information may be considered in ex parte reexamination, inter partes review, and post grant review. The AIA also provides for an estoppel that may attach with respect to the filing of an ex parte reexamination request subsequent to a final written decision in an inter partes review or post grant review proceeding. The Office is revising the rules of practice to implement these post-patent provisions, as well as other miscellaneous provisions, of the AIA.
- 37 CFR 5.11 — License for Filing In, or Exporting To, a Foreign Country an Application on an Invention Made in the United States or Technical Data Relating Thereto.
- 37 CFR 1.211 — Publication of Applications.
- 37 CFR 1.76 — Application Data Sheet.
- 37 CFR 5.1 — Applications and Correspondence Involving National Security.