[Federal Register Volume 74, Number 195 (Friday, October 9, 2009)]
[Notices]
[Page 52184]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-24395]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No. PTO-P-2009-0037]


Additional Period for Comments on Interim Examination 
Instructions for Evaluating Patent Subject Matter Eligibility

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for comments; additional comment period.

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SUMMARY: The United States Patent and Trademark Office (USPTO) has 
prepared interim examination instructions for evaluating patent subject 
matter eligibility under 35 U.S.C. 101 (Interim Patent Subject Matter 
Eligibility Examination Instructions) pending a decision by the U.S. 
Supreme Court in Bilski v. Kappos, and invited the public to submit 
written comments on the Interim Patent Subject Matter Eligibility 
Examination Instructions. The USPTO is extending the comment period to 
ensure that members of the public have sufficient opportunity to submit 
comments on the Interim Patent Subject Matter Eligibility Examination 
Instructions. The USPTO will revise the instructions as appropriate 
based on comments received.
    Comment Deadline Date: Written comments must be received on or 
before November 9, 2009. No public hearing will be held.

ADDRESSES: Comments should be sent by electronic mail message over the 
Internet addressed to <a href="/cdn-cgi/l/email-protection#88c9cab1b0a6cbe7e5e5ede6fcfbc8fdfbf8fce7a6efe7fe"><span class="__cf_email__" data-cfemail="7736354e4f5934181a1a1219030437020407031859101801">[email protected]</span></a>. Comments may also be 
submitted by facsimile to (571) 273-0125, marked to the attention of 
Caroline D. Dennison. Although comments may be submitted by mail or 
facsimile, the USPTO prefers to receive comments via the Internet.
    The comments will be available for public inspection at the Office 
of the Commissioner for Patents, located in Madison East, Tenth Floor, 
600 Dulany Street, Alexandria, Virginia, and will be available via the 
Office Internet Web site (address: http://www.uspto.gov). Because 
comments will be made available for public inspection, information that 
is not desired to be made public, such as an address or phone number, 
should not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Caroline D. Dennison, Office of the 
Deputy Commissioner for Patent Examination Policy, by telephone at 571-
272-7729, or by facsimile transmission to 571-273-0125, marked to the 
attention of Caroline D. Dennison.

SUPPLEMENTARY INFORMATION: The USPTO posted the Interim Patent Subject 
Matter Eligibility Examination Instructions on its Internet Web site 
(address: http://www.uspto.gov) on August 27, 2009. The notice 
published on the USPTO's Internet Web site invited public comment on 
the Interim Patent Subject Matter Eligibility Examination Instructions 
and indicated that comments must be received on or before September 28, 
2009, to be ensured of consideration. The USPTO subsequently published 
a notice in the Federal Register confirming that the USPTO was inviting 
public comment on the Interim Patent Subject Matter Eligibility 
Examination Instructions and that comments must be received on or 
before September 28, 2009, to be ensured of consideration. See Request 
for Comments on Interim Examination Instructions for Evaluating Patent 
Subject Matter Eligibility, 74 FR 47780 (September 17, 2009) (notice). 
The USPTO is extending the comment period because the USPTO desires the 
benefit of public comment on the instructions and wants to ensure that 
members of the public have sufficient opportunity to submit comments on 
the Interim Patent Subject Matter Eligibility Examination Instructions. 
Comments that have already been received are under consideration and 
the USPTO will revise the instructions as appropriate based on comments 
received.

    Dated: October 5, 2009.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. E9-24395 Filed 10-8-09; 8:45 am]
BILLING CODE 3510-16-P


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