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Green Technology Petition Pilot Robert W. Bahr

содержание презентации «Green Technology Petition Pilot Robert W. Bahr.ppt»
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1Green Technology Petition Pilot Robert 7Biofuel (USPC 44/589, 605) Solar energy
W. Bahr. (USPC 126/561-714; 320/101) Hybrid-powered
2Green Tech: Discussion Points. 1. vehicles (USPC 180/65.21-65.29;
Authority and Overview: resources / 73/35.01-35.13, 112-115, 116-119A,
overview 2. Petition Requirement: common 121-132) USPC requirement is purposefully
errors and tips 3. Petition Review: narrow in order for the USPTO to balance
process, statistics, examples 4. Future. the workload The USPTO recognizes that
2. many technologies that could be considered
3Green Tech: Authority. Federal “green”, but are not included in the
Register: December 8, 2009 (Vol. 74, No. pilot. 7.
234); pages 64666-64669 Pilot was 8Green Tech: Common Filing Errors. USPC
announced by Secretary Locke in requirement not met Accounts for >80%
Washington, DC – coinciding with the start of dismissals to-date Petition missing
of UN’s Climate Change Conference in materiality statement Petition does not
Copenhagen, Denmark Part of an Obama include publication fee Application filed
Administration effort to spur innovation after December 8, 2009. 8.
and create jobs Information, including 9Green Tech: Filing Tips. Use of form
Press Release, Federal Register Notice, PTO/SB/420 is strongly encouraged Ensure
Form, FAQs, Statistics and Contacts, can that the USPC requirements are met Contact
be found at: SPE/examiner to correct erroneous USPC’s
http://www.uspto.gov/patents/init_events/g prior to filing petition Include payment
een_tech.jsp. 3. of publication fee Must be paid even if
4Green Tech: Overview. Pilot will run application has been published. 9.
for twelve months from its effective date, 10Green Tech: Petition Review. The
i.e. December 8, 2009 Limited to specific Technology Centers are currently deciding
areas of green technology Environmental all Green Technology petitions Current
quality Energy conservation Development of goal is for an initial decision to be
renewable energy resources Greenhouse gas rendered within two weeks of petition
emission reduction Must meet USPC receipt date Applications must be in a
requirements set forth in the Federal docket-ready status, i.e. released by
Register Notice Limited to the first 3,000 Office of Patent Application Processing
petitions granted by USPTO “Special” (OPAP), in order for a decision to be
status Advances an application out of turn rendered A single request for
for initial examination Accorded special reconsideration may be filed within 30
status in any appeal to the BPAI and in days of a decision dismissing the petition
the patent publication process. 4. Applicant may amend the claims and suggest
5Green Tech: Filing Requirements. a new USPC to overcome any initial USPC
Non-reissue, non-provisional utility defect. 10.
application filed under 35 USC 111(a) or a 11Green Tech: Statistics. 11. Green
35 USC 371 application Application must Petition Report Summary. Green Petition
have been filed prior to December 8, 2009 Report Summary. Report date: 03/08/2010.
or be a 35 USC 371 filing based on an Report date: 03/08/2010. Request Summary.
international application filed prior to Request Summary. Awaiting decision. 133.
December 8, 2009 Filed electronically via Requests granted. 242. Requests dismissed.
EFS-Web Filed at least one day prior to 453. Requests denied. 3. Total requests.
the date that a first Office action 831.
appears in PAIR Include a request for 12Green Tech: Statistics. 12. Green
early publication in compliance with 37 Petition Report Summary. Green Petition
CFR 1.219 and the publication fee as set Report Summary. Report date: 03/08/2010.
forth in 37 CFR 1.18(d). Note that payment Report date: 03/08/2010. Total Requests by
is required even if the application has TC. Total Requests by TC. TC1600. 35.
already published. 5. TC1700. 294. TC2100. 32. TC2400. 3.
6Green Tech: Filing Requirements. ?3/20 TC2600. 4. TC2800. 207. TC3600. 75.
claims directed to a single invention TC3700. 164. None. 17.
having no multiple dependent claims State 13Green Tech: Example. 13.
basis for special status and include a 14Green Tech: Example. 14.
statement explaining how the materiality 15Green Tech: Future. USPTO may extend
standard is met Statement that the the pilot program (with or without
applicant agrees to make a telephonic modifications) to extend longer than
election without traverse if a restriction twelve months and/or include more than
requirement is made by the examiner 3,000 granted petitions Any extension will
Application must be classified in one of be announced by the USPTO via a written
the U.S. patent classifications (USPCs) notice, i.e. a Federal Register or OG
set forth in the Federal Register Notice. Notice. Future suggestions regarding the
6. Green Tech Petition Pilot should be
7Green Tech: Filing Requirements. USPC directed to Pinchus Laufer
requirement includes subclasses in 58 (Pinchus.laufer@uspto.gov) and Blaine
distinct classification classes and Copenheaver
encompasses seven TCs Eligible (Blaine.copenheaver@uspto.gov). 15.
classifications cover a wide range of 16Questions. Thank You. 16.
green technologies Some examples include:
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Green Technology Petition Pilot Robert W. Bahr

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