The U.S. Patent and Trademark Office (USPTO) will further extend its Extended Missing Parts Pilot Program for another 12 months. The program is beneficial for inventors because it allows patent applicants to request a twelve-month time period to pay the search fee, the examination fee, any excess claim fees, and the surcharge (for the late submission of the search fee and the examination fee) in a nonprovisional application.
According to the USPTO: “This would serve as a vehicle for inventors–at their option–to effectively have up to 24 months to make decisions regarding the significant investment of time and money required to take a non-provisional patent application forward.”
The USPTO first launched the pilot in 2010 and has previously extended it. As highlighted by the USPTO, it benefits both the agency and inventors “by permitting additional time to determine if patent protection should be sought–at a relatively low cost–and by permitting applicants to focus efforts on commercialization during this period.”
In order to take advantage of the Extended Missing parts Pilot Program, the applicant must satisfy the following conditions:
- The applicant must submit a certification and request to participate in the Extended Missing Parts Pilot Program with the nonprovisional application on filing, preferably by using Form PTO/AIA/421 titled “Certification and Request for Extended Missing Parts Pilot Program;”
- The application must be an original (i.e. not a Reissue) nonprovisional utility or plant application filed under 35 U.S.C. 111(a) within the duration of the pilot program;
- The nonprovisional application must directly claim the benefit under 35 U.S.C. 119(e) and 37 CFR 1.78 of a prior provisional application filed within the previous twelve months; and
- The applicant must not have filed a nonpublication request.
The program will now will run through December 31, 2013.
How Can I Help?
For more information about how you or your company may benefit from this pilot program or one of the many others offered by the USPTO, contact me for a free 30 minute consultation at firstname.lastname@example.org or call TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) and ask for Norman.
– Ex astris, scientia –
I am and avid amateur astronomer and intellectual property attorney in Pasadena, California and I am a Rising Star as rated by Super Lawyers Magazine. As a former Chief Petty Officer in the U.S. Navy, I am a proud member of the Armed Service Committee of the Los Angeles County Bar Association working to aid all active duty and veterans in our communities. Connect with me on Google +