UNIFORM CERTIFICATE OF ATTENDANCE FOR CLE To be ...

sroberts on DSK5SPTVN1PROD with RULES48824 Federal Register / Vol. 77, No. 157 / Tuesday, August 14, 2012 / Rules and Regulations(h) Surcharge for filing any of thesearch fee, the examination fee, or theinventor’s oath or declaration after thedate of the commencement of thenational stage (§ 1.491(a)) pursuant to§ 1.495(c)By a small entity (§ 1.27(a)) .......... $65.00By other than a small entity ......... $130.00* * * * *■ 57. Section 1.495 is amended byrevising paragraphs (a), (c), (g), and (h)to read as follows:§ 1.495 Entering the national stage in theUnited States of America.(a) The applicant in an internationalapplication must fulfill therequirements of 35 U.S.C. 371 withinthe time periods set forth in paragraphs(b) and (c) of this section in order toprevent the abandonment of theinternational application as to theUnited States of America. The thirtymonthtime period set forth inparagraphs (b), (c), (d), (e) and (h) of thissection may not be extended.* * * * *(c)(1) If applicant complies withparagraph (b) of this section beforeexpiration of thirty months from thepriority date, the Office will notify theapplicant if he or she has omitted anyof:(i) A translation of the internationalapplication, as filed, into the Englishlanguage, if it was originally filed inanother language and if any Englishlanguage translation of the publicationof the international applicationpreviously submitted under 35 U.S.C.154(d) (§ 1.417) is not also a translationof the international application as filed(35 U.S.C. 371(c)(2));(ii) The inventor’s oath or declaration(35 U.S.C. 371(c)(4) and § 1.497), if adeclaration of inventorship incompliance with § 1.63 has not beenpreviously submitted in theinternational application under PCTRule 4.17(iv) within the time limitsprovided for in PCT Rule 26ter.1;(iii) The search fee set forth in§ 1.492(b);(iv) The examination fee set forth in§ 1.492(c); and(v) Any application size fee requiredby § 1.492(j).(2) A notice under paragraph (c)(1) ofthis section will set a time period withinwhich applicant must provide anyomitted translation, search fee set forthin § 1.492(b), examination fee set forthin § 1.492(c), and any application sizefee required by § 1.492(j) in order toavoid abandonment of the application.(3) The inventor’s oath or declarationmust also be filed within the periodspecified in paragraph (c)(2) of thissection, except that the filing of theinventor’s oath or declaration may bepostponed until the application isotherwise in condition for allowanceunder the conditions specified inparagraphs (c)(3)(i) through (c)(3)(iii) ofthis section.(i) The application contains anapplication data sheet in accordancewith § 1.76 filed prior to the expirationof the time period set in any noticeunder paragraph (c)(1) identifying:(A) Each inventor by his or her legalname;(B) A mailing address where theinventor customarily receives mail, andresidence, if an inventor lives at alocation which is different from wherethe inventor customarily receives mail,for each inventor.(ii) The applicant must file an oath ordeclaration in compliance with § 1.63,or substitute statement in compliancewith § 1.64, executed by or with respectto each actual inventor no later than theexpiration of the time period set in the‘‘Notice of Allowability’’ to avoidabandonment, when the applicant isnotified in a ‘‘Notice of Allowability’’that an application is otherwise incondition for allowance. The timeperiod set in a ‘‘Notice of Allowability’’is not extendable. See § 1.136(c). TheOffice may dispense with the noticeprovided for in paragraph (c)(1) of thissection if an oath or declaration under§ 1.63, or substitute statement under§ 1.64, executed by or with respect toeach actual inventor has been filedbefore the application is in condition forallowance.(iii) An international application inwhich the basic national fee under 35U.S.C. 41(a)(1)(F) has been paid and forwhich an application data sheet inaccordance with § 1.76 has been filedmay be treated as complying with 35U.S.C. 371 for purposes of eighteenmonthpublication under 35 U.S.C.122(b) and § 1.211 et seq.(4) The payment of the processing feeset forth in § 1.492(i) is required foracceptance of an English translationlater than the expiration of thirtymonths after the priority date. Thepayment of the surcharge set forth in§ 1.492(h) is required for acceptance ofany of the search fee, the examinationfee, or the inventor’s oath or declarationafter the date of the commencement ofthe national stage (§ 1.491(a)).(5) A ‘‘Sequence Listing’’ need not betranslated if the ‘‘Sequence Listing’’complies with PCT Rule 12.1(d) and thedescription complies with PCT Rule5.2(b).* * * * *(g) The documents and fees submittedunder paragraphs (b) and (c) of thisVerDate Mar2010 17:28 Aug 13, 2012 Jkt 226001 PO 00000 Frm 00050 Fmt 4701 Sfmt 4700 E:\FR\FM\14AUR6.SGM 14AUR6section must be identified as asubmission to enter the national stageunder 35 U.S.C. 371. If the documentsand fees contain conflicting indicationsas between an application under 35U.S.C. 111 and a submission to enter thenational stage under 35 U.S.C. 371, thedocuments and fees will be treated as asubmission to enter the national stageunder 35 U.S.C. 371.(h) An international applicationbecomes abandoned as to the UnitedStates thirty months from the prioritydate if the requirements of paragraph (b)of this section have not been compliedwith within thirty months from thepriority date.■ 58. Section 1.496 is revised to read asfollows:§ 1.496 Examination of internationalapplications in the national stage.National stage applications havingpaid therein the search fee as set forthin § 1.492(b)(1) and examination fee asset forth in § 1.492(c)(1) may beamended subsequent to the date ofcommencement of national stageprocessing only to the extent necessaryto eliminate objections as to form or tocancel rejected claims. Such nationalstage applications will be advanced outof turn for examination.■ 59. Section 1.497 is revised to read asfollows:§ 1.497 Inventor’s oath or declarationunder 35 U.S.C. 371(c)(4).(a) When an applicant of aninternational application desires toenter the national stage under 35 U.S.C.371 pursuant to § 1.495, and adeclaration in compliance with § 1.63has not been previously submitted inthe international application under PCTRule 4.17(iv) within the time limitsprovided for in PCT Rule 26ter.1, theapplicant must file the inventor’s oathor declaration. The inventor, or eachindividual who is a joint inventor of aclaimed invention, in an application forpatent must execute an oath ordeclaration in accordance with theconditions and requirements of § 1.63,except as provided for in § 1.64.(b) An oath or declaration under§ 1.63 will be accepted as complyingwith 35 U.S.C. 371(c)(4) if it complieswith the requirements of §§ 1.63(a), (c)and (g). A substitute statement under§ 1.64 will be accepted as complyingwith 35 U.S.C. 371(c)(4) if it complieswith the requirements of §§ 1.64(b)(1),(c) and (e) and identifies the personexecuting the substitute statement. If anewly executed inventor’s oath ordeclaration under § 1.63 or substitutestatement under § 1.64 is not requiredpursuant to § 1.63(d), submission of the