USPTO Announces Further Extension for Comments on Initiatives to Improve the Robustness and Reliability of Patent Rights

Update by Evan Smith and Grace Kim

The U.S. Patent and Trademark Office (USPTO) has once again extended the period during which it is accepting comments on the notice titled “Request for Comments on USPTO Initiatives to Ensure the Robustness and Reliability of Patent Rights” to February 28, 2023. This request for comments (RFC) originally published on October 4, 2022 at 87 FR 60130. The notice’s comment period was previously extended at 87 FR 66282 until February 1, 2023. The USPTO has indicated that there will be no further extensions of the comment period.

This notice is directed towards gathering public comments on a variety of proposed USPTO initiatives. Topics addressed by this RFC include prior art searching, support for claimed subject matter, request for continued examination (RCE) practice, and restriction practice. This RFC also seeks comments on certain initiatives related to these topics that are outlined in the USPTO's July 6, 2022, letter to the Food and Drug Administration (FDA) and questions set forth in a June 8, 2022, letter to the USPTO from six United States Senators.

Comments must be submitted through the Federal eRulemaking Portal at https://www.regulations.gov/docket/PTO-P-2022-0025. Please note that comments will be made available for public inspection, so private information should not be included. This February 14th announcement published in the Federal Register and is available at https://www.federalregister.gov/documents/2023/02/14/2023-03119/request-for-comments-on-uspto-initiatives-to-ensure-the-robustness-and-reliability-of-patent-rights.