PTAB/USPTO Update - January 2022

USPTO Leadership

• Drew Hirshfeld is still performing the functions and duties of Director.  Kathi Vidal, the Biden Administration's nominee to be the next Director, testified at the Senate Judiciary Committee's hearing considering her nomination on December 1.  She subsequently submitted written answers to senators' written questions.

USPTO News

• On December 16, the USPTO announced new membership to its Patent and Trademark Public Advisory Committees (PPAC and TPAC).  The new PPAC members are Charles Duan (Cornell fellow), Suzanne Harrison (Percipience LLC), and Heidi S. Nebel (McKee, Voorhees & Sease, PLC).  The new TPAC members are Adraea Brown (Harley-Davidson), Rodrick J. Enns (Enns & Archer LLP), and Dana Brown Northcott (Amazon.com).

Notices, Guidance, and Requests

• Extension of the Modified COVID–19 Prioritized Examination Pilot Program, 86 Fed. Reg. 74406 (Dec. 30, 2021) (announcing that the USPTO is extending the COVID-19 Prioritized Examination Pilot Program to March 31, 2022).
• New Implementation Date for Voluntary Continuing Legal Education Certification, 86 Fed. Reg. 71453 (Dec. 16, 2021) (announcing that the USPTO is delaying indefinitely the implementation of the voluntary continuing legal education (CLE) certification).
• Issuing Electronic Trademark Registration Certificates, 86 Fed. Reg. 71249 (Dec. 15, 2021) [Comments must be received by January 14, 2022] (seeking comments on USPTO plan to begin issuing electronic trademark registration certificates in the spring of 2022) (correction).

Final Rules

• There are no new final rules.

Interim Rules

• There are no interim rules.

Proposed Rules

• Electronic Patent Issuance, 86 Fed. Reg. 71209 (Dec. 15, 2021) [Written comments period closes February 14, 2022] (proposing to issue patents electronically through the USPTO's patent document viewing systems (PAIR) rather than on paper).
• Date of Receipt of Electronic Submissions of Patent Correspondence, 86 Fed. Reg. 69195 (Dec. 7, 2021) [Written comments period closes February 7, 2022] (proposing to amend the patent rules of practice to provide that the receipt date of correspondence submitted via EFS is the date in U.S. Eastern Time when the USPTO received the correspondence). 

PTAB Decisions

• New Precedential PTAB Decisions

• New Informative PTAB Decisions

New Requests for POP Review

• There are no new requests for POP review.

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