96-30751. Changes in Signature and Filing Requirements for Correspondence Filed in the Patent and Trademark Office

[Federal Register Volume 61, Number 233 (Tuesday, December 3, 1996)]
[Rules and Regulations]
[Pages 64027-64028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-30751]


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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 [phone].

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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