USPTO Kicks Off Semiconductor Engineering Pilot Method to Expedite Semiconductor Manufacturing Programs | McDonnell Boehnen Hulbert & Berghoff LLP

Now, the USPTO announced a new, no-price tag, pilot program that accelerates the assessment procedure for US patent applications relevant to semiconductor production. Setting up Friday, December 1, 2023, candidates can file a petition to take part in the pilot application. Petitions that correspond to qualifying non-provisional utility patent purposes, directed to “certain procedures and apparatuses for production semiconductor products,” will be highly developed out of switch for examination (accorded exclusive standing) until a initial action.

  • Qualifying apps need to be “non-continuing initial utility non-provisional applications” that may well optionally assert priority to a prior provisional application or 1 or extra international precedence purposes.
  • At least one declare of the qualifying application have to go over a system or an apparatus for manufacturing a semiconductor unit and correspond to 1 or a lot more of the technical ideas in H10 (Semiconductor Units Electrical Reliable-Point out Gadgets Not Otherwise Presented For) or H01L (Semiconductor Gadgets Not Coated by Class H10) in the Cooperative Patent Classification (CPC) program.
  • Applicants should file the petition to make distinctive (PTMS) with the application or entry into the national phase below 35 U.S.C. 371 or inside of 30 days of the submitting day or entry day of the application.
  • The payment for the PTMS beneath 37 CFR 1.102(d) has been waived for this program.

In a related information release, the Secretary of Commerce Gina Raimondo said that “This new USPTO program will assure we are prioritizing essential intellectual assets protections to incentivize investments in domestic semiconductor manufacturing.” The Director of the USPTO, Kathi Vidal explained of the new pilot method: “Fast monitoring examination of patent programs connected to semiconductor machine production speeds bringing crucial innovations to market place and strengthens our nation’s offer chain.”

The pilot software aims to assist the Making Practical Incentives to Produce Semiconductors (CHIPS) Act of 2022, which allocates investments made to boost semiconductor manufacturing potential and enhance the resilience of the semiconductor provide chain. The Semiconductor Technological know-how Pilot Method supports the CHIPS Act by “encouraging investigate, improvement, and innovation in the semiconductor manufacturing space and delivering equitable intellectual property protection to incentivize investments in the semiconductor manufacturing region.” The USPTO stated that the new pilot software can help achieve the targets of the CHIPS Act by expediting and encouraging improvements relating to semiconductor equipment and their manufacture.

The petition (Type PTO/SB/467) will be obtainable beginning December 1, 2023. The pilot software will be available until December 2, 2024 or right until the USPTO accepts 1,000 grantable petitions, whichever is attained 1st.

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