80_FR_63745 80 FR 63543 - Patent Public Advisory Committee Public Hearing on the Proposed Patent Fee Schedule

80 FR 63543 - Patent Public Advisory Committee Public Hearing on the Proposed Patent Fee Schedule

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 80, Issue 202 (October 20, 2015)

Page Range63543-63544
FR Document2015-26574

Under Section 10 of the America Invents Act (AIA), the United States Patent and Trademark Office (USPTO) may set or adjust by rule any patent or trademark fee established, authorized, or charged under Title 35 of the United States Code or the Trademark Act of 1946, respectively. The USPTO currently is planning to set or adjust patent fees pursuant to its Section 10 fee setting authority. As part of the rulemaking process to set or adjust patent fees, the Patent Public Advisory Committee (PPAC) is required under Section 10 of the AIA to hold a public hearing about any proposed patent fees, and the USPTO is required to assist PPAC in carrying out that hearing. To that end, the USPTO will make its proposed patent fees available as set forth in the Supplementary Information section of this Notice before any PPAC hearing and will help the PPAC to notify the public about the hearing. Accordingly, this document announces the dates and logistics for the PPAC public hearing regarding USPTO proposed patent fees. Interested members of the public are invited to testify at the hearing and/or submit written comments about the proposed patent fees and the questions posed on PPAC's Web site about the proposed fees.

Federal Register, Volume 80 Issue 202 (Tuesday, October 20, 2015)
[Federal Register Volume 80, Number 202 (Tuesday, October 20, 2015)]
[Notices]
[Pages 63543-63544]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-26574]


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DEPARTMENT OF COMMERCE

Patent and Office

[Docket No. PTO-P-2015-0065]


Patent Public Advisory Committee Public Hearing on the Proposed 
Patent Fee Schedule

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice of Public Hearing.

-----------------------------------------------------------------------

SUMMARY: Under Section 10 of the America Invents Act (AIA), the United 
States Patent and Trademark Office (USPTO) may set or adjust by rule 
any patent or trademark fee established, authorized, or charged under 
Title 35 of the United States Code or the Trademark Act of 1946, 
respectively. The USPTO currently is planning to set or adjust patent 
fees pursuant to its Section 10 fee setting authority. As part of the 
rulemaking process to set or adjust patent fees, the Patent Public 
Advisory Committee (PPAC) is required under Section 10 of the AIA to 
hold a public hearing about any proposed patent fees, and the USPTO is 
required to assist PPAC in carrying out that hearing. To that end, the 
USPTO will make its proposed patent fees available as set forth in the 
Supplementary Information section of this Notice before any PPAC 
hearing and will help the PPAC to notify the public about the hearing. 
Accordingly, this document announces the dates and logistics for the 
PPAC public hearing regarding USPTO proposed patent fees. Interested 
members of the public are invited to testify at the hearing and/or 
submit written comments about the proposed patent fees and the 
questions posed on PPAC's Web site about the proposed fees.

DATES: Public hearing: November 19, 2015.
    Comments: For those wishing to submit written comments on the fee 
proposal that will be published by November 12, 2015, but not 
requesting an opportunity to testify at the public hearing, the 
deadline for receipt of those written comments is November 25, 2015.
    Oral testimony: Those wishing to present oral testimony at the 
hearing must request an opportunity to do so in writing no later than 
November 12, 2015.
    Pre-scheduled speakers: Pre-scheduled speakers providing testimony 
at the hearing should submit a written copy of their testimony for 
inclusion in the record of the proceedings no later than November 25, 
2015.

ADDRESSES: Public hearing: The PPAC will hold a public hearing on 
November 19, 2015 beginning at 2:00 p.m., Eastern Standard Time (EST), 
and ending at 4:00 p.m., EST, at the USPTO, Madison Auditorium South, 
Concourse Level, Madison Building, 600 Dulany Street, Alexandria, 
Virginia 22314.
    Email: Written comments should be sent by email addressed to 
[email protected].
    Postal mail: Comments may also be submitted by postal mail 
addressed to: United States Patent and Trademark Office, Mail Stop CFO, 
P.O. Box 1450,

[[Page 63544]]

Alexandria, VA 22313-1450, ATTN: Brendan Hourigan. Although comments 
may be submitted by postal mail, the USPTO prefers to receive comments 
via email. Written comments should be identified in the subject line of 
the email or postal mailing as ``Fee Setting.'' Because comments will 
be made available for public inspection, information that is not 
desired to be made public, such as an address or telephone number, 
should not be included in the comments.
    Web cast: The public hearing will be available via Web cast. 
Information about the Web cast will be posted on the USPTO's Internet 
Web site (address: www.uspto.gov/about-us/performance-and-planning/fee-setting-and-adjusting) before the public hearing.
    Transcripts: Transcript of the hearing will be available on the 
USPTO Internet Web site (www.uspto.gov/about-us/performance-and-planning/fee-setting-and-adjusting) shortly after the hearing.

FOR FURTHER INFORMATION CONTACT: Brendan Hourigan, Office of the Chief 
Financial Officer, by phone (571) 272-8966, or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: Requests to testify should indicate the 
following: (1) The name of the person wishing to testify; (2) the 
person's contact information (telephone number and email address); (3) 
the organization(s) the person represents, if any; and (4) an 
indication of the amount of time needed for the testimony. Requests to 
testify must be submitted by email to Jennifer Lo at 
[email protected]. Based upon the requests received, an agenda for 
witness testimony will be sent to testifying requesters and posted on 
the USPTO Internet Web site (address: www.uspto.gov/about-us/performance-and-planning/fee-setting-and-adjusting). If time permits, 
the PPAC may permit unscheduled testimony as well.
    Effective September 16, 2011, with the passage of the AIA, the 
USPTO is authorized under Section 10 of the AIA to set or adjust by 
rule all patent and trademark fees established, authorized, or charged 
under Title 35 of the United States Code and the Trademark Act of 1946, 
respectively. Patent and trademark fees set or adjusted by rule under 
Section 10 of the AIA may only recover the aggregate estimated costs to 
the Office for processing, activities, services, and materials relating 
to patents and trademarks, respectively, including administrative costs 
of the Office with respect to each as the case may be.
    Congress set forth the process for the USPTO to follow in setting 
or adjusting patent and trademark fees by rule under Section 10 of the 
AIA. Congress requires the relevant advisory committee to hold a public 
hearing about the USPTO fee proposals after receiving them from the 
agency. Congress likewise requires the relevant advisory committee to 
prepare a written report on the proposed fees and the USPTO to consider 
the relevant advisory committee's report before finally setting or 
adjusting the fees. Further, Congress requires the USPTO to publish its 
proposed fees and supporting rationale in the Federal Register and give 
the public not less than 45 days in which to submit comments on the 
proposed change in fees. Finally, Congress requires the USPTO to 
publish its final rule setting or adjusting fees also in the Federal 
Register.
    Presently, the USPTO is planning to exercise its fee setting 
authority to set or adjust patent fees. The USPTO will publish a 
proposed patent fee schedule and related supplementary information for 
public viewing no later than November 12, 2015, on the USPTO Internet 
Web site (address: www.uspto.gov/about-us/performance-and-planning/fee-setting-and-adjusting). In turn, the PPAC will hold a public hearing 
about the proposed patent fee schedule on the date indicated herein. 
The USPTO will assist the PPAC in holding the hearing by providing 
resources to organize the hearing and by notifying the public about the 
hearing, such as through this notice. To gather information from the 
public about the USPTO's proposed patent fees, the PPAC will post 
specific questions for the public's consideration on the PPAC's 
Internet Web site (address: http://www.uspto.gov/about/advisory/ppac) 
after the USPTO publishes its proposed patent fee schedule. The public 
may wish to address those questions in its hearing testimony and/or in 
written comments submitted to PPAC as described herein.
    Following the PPAC public hearing, the USPTO will publish a Notice 
of Proposed Rulemaking in the Federal Register, setting forth its 
proposed patent fees. The publication of that Notice will open a 
comment window through which the public may provide written comments 
directly to the USPTO. Additional information about public comment to 
the USPTO will be provided in the USPTO's Notice of Proposed 
Rulemaking.

    Dated: October 14, 2015.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2015-26574 Filed 10-19-15; 8:45 am]
BILLING CODE 3510-16-P



                                                                               Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices                                          63543

                                                  Web site (address: www.uspto.gov/                       or adjusting fees also in the Federal                 States Patent and Trademark Office
                                                  about-us/performance-and-planning/                      Register.                                             (USPTO) may set or adjust by rule any
                                                  fee-setting-and-adjusting) shortly after                   Presently, the USPTO is planning to                patent or trademark fee established,
                                                  the hearing.                                            exercise its fee setting authority to set or          authorized, or charged under Title 35 of
                                                                                                          adjust trademark fees. The USPTO will                 the United States Code or the
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                          publish a proposed trademark fee                      Trademark Act of 1946, respectively.
                                                  Brendan Hourigan, Office of the Chief
                                                                                                          schedule and related supplementary                    The USPTO currently is planning to set
                                                  Financial Officer, by phone (571) 272–
                                                                                                          information for public viewing no later               or adjust patent fees pursuant to its
                                                  8966, or by email at brendan.hourigan@                  than October 27, 2015, on the USPTO
                                                  uspto.gov.                                                                                                    Section 10 fee setting authority. As part
                                                                                                          Internet Web site (address:                           of the rulemaking process to set or
                                                  SUPPLEMENTARY INFORMATION:       Requests               www.uspto.gov/about-us/performance-                   adjust patent fees, the Patent Public
                                                  to testify should indicate the following:               and-planning/fee-setting-and-adjusting).              Advisory Committee (PPAC) is required
                                                  (1) The name of the person wishing to                   In turn, the TPAC will hold a public                  under Section 10 of the AIA to hold a
                                                  testify; (2) the person’s contact                       hearing about the proposed trademark                  public hearing about any proposed
                                                  information (telephone number and                       fee schedule on the date indicated                    patent fees, and the USPTO is required
                                                  email address); (3) the organization(s)                 herein. The USPTO will assist the TPAC                to assist PPAC in carrying out that
                                                  the person represents, if any; and (4) an               in holding the hearing by providing                   hearing. To that end, the USPTO will
                                                  indication of the amount of time needed                 resources to organize the hearing and by              make its proposed patent fees available
                                                  for the testimony. Requests to testify                  notifying the public about the hearing,               as set forth in the Supplementary
                                                  must be submitted by email to Pamela                    such as through this notice. To gather                Information section of this Notice before
                                                  Lloyd at Pamela.Lloyd@uspto.gov.                        information from the public about the                 any PPAC hearing and will help the
                                                  Based upon the requests received, an                    USPTO’s proposed trademark fees, the                  PPAC to notify the public about the
                                                  agenda for witness testimony will be                    TPAC will post specific questions for                 hearing. Accordingly, this document
                                                  sent to testifying requesters and posted                the public’s consideration on the                     announces the dates and logistics for the
                                                  on the USPTO Internet Web site                          TPAC’s Internet Web site (address:                    PPAC public hearing regarding USPTO
                                                  (address: www.uspto.gov/about-us/                       www.uspto.gov/about/advisory/tpac)                    proposed patent fees. Interested
                                                  performance-and-planning/fee-setting-                   after the USPTO publishes its proposed                members of the public are invited to
                                                  and-adjusting). If time permits, the                    trademark fee schedule. The public may                testify at the hearing and/or submit
                                                  TPAC may permit unscheduled                             wish to address those questions in its                written comments about the proposed
                                                  testimony as well.                                      hearing testimony and/or in written                   patent fees and the questions posed on
                                                     Effective September 16, 2011, with                   comments submitted to TPAC as                         PPAC’s Web site about the proposed
                                                  the passage of the AIA, the USPTO is                    described herein.                                     fees.
                                                  authorized under Section 10 of the AIA                     Following the TPAC public hearing,
                                                                                                          the USPTO will publish a Notice of                    DATES: Public hearing: November 19,
                                                  to set or adjust by rule all patent and                                                                       2015.
                                                  trademark fees established, authorized,                 Proposed Rulemaking in the Federal
                                                                                                          Register, setting forth its proposed                     Comments: For those wishing to
                                                  or charged under Title 35 of the United                                                                       submit written comments on the fee
                                                  States Code and the Trademark Act of                    trademark fees. The publication of that
                                                                                                          Notice will open a comment window                     proposal that will be published by
                                                  1946, respectively. Patent and                                                                                November 12, 2015, but not requesting
                                                  trademark fees set or adjusted by rule                  through which the public may provide
                                                                                                          written comments directly to the                      an opportunity to testify at the public
                                                  under Section 10 of the AIA may only                                                                          hearing, the deadline for receipt of those
                                                  recover the aggregate estimated costs to                USPTO. Additional information about
                                                                                                          public comment to the USPTO will be                   written comments is November 25,
                                                  the Office for processing, activities,                                                                        2015.
                                                  services, and materials relating to                     provided in the USPTO’s Notice of
                                                                                                                                                                   Oral testimony: Those wishing to
                                                  patents and trademarks, respectively,                   Proposed Rulemaking.
                                                                                                                                                                present oral testimony at the hearing
                                                  including administrative costs of the                     Dated: October 14, 2015.                            must request an opportunity to do so in
                                                  Office with respect to each as the case                 Michelle K. Lee,                                      writing no later than November 12,
                                                  may be.                                                 Under Secretary of Commerce for Intellectual          2015.
                                                     Congress set forth the process for the               Property and Director of the United States               Pre-scheduled speakers: Pre-
                                                  USPTO to follow in setting or adjusting                 Patent and Trademark Office.                          scheduled speakers providing testimony
                                                  patent and trademark fees by rule under                 [FR Doc. 2015–26572 Filed 10–19–15; 8:45 am]          at the hearing should submit a written
                                                  Section 10 of the AIA. Congress requires                BILLING CODE 3510–16–P                                copy of their testimony for inclusion in
                                                  the relevant advisory committee to hold                                                                       the record of the proceedings no later
                                                  a public hearing about the USPTO fee                                                                          than November 25, 2015.
                                                  proposals after receiving them from the                 DEPARTMENT OF COMMERCE                                ADDRESSES: Public hearing: The PPAC
                                                  agency. Congress likewise requires the                                                                        will hold a public hearing on November
                                                                                                          Patent and Office
                                                  relevant advisory committee to prepare                                                                        19, 2015 beginning at 2:00 p.m., Eastern
                                                  a written report on the proposed fees                   [Docket No. PTO–P–2015–0065]                          Standard Time (EST), and ending at
                                                  and the USPTO to consider the relevant                                                                        4:00 p.m., EST, at the USPTO, Madison
                                                  advisory committee’s report before                      Patent Public Advisory Committee                      Auditorium South, Concourse Level,
                                                  finally setting or adjusting the fees.                  Public Hearing on the Proposed Patent                 Madison Building, 600 Dulany Street,
                                                                                                          Fee Schedule
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                                                  Further, Congress requires the USPTO                                                                          Alexandria, Virginia 22314.
                                                  to publish its proposed fees and                        AGENCY: United States Patent and                         Email: Written comments should be
                                                  supporting rationale in the Federal                     Trademark Office, Department of                       sent by email addressed to fee.setting@
                                                  Register and give the public not less                   Commerce.                                             uspto.gov.
                                                  than 45 days in which to submit                         ACTION: Notice of Public Hearing.                        Postal mail: Comments may also be
                                                  comments on the proposed change in                                                                            submitted by postal mail addressed to:
                                                  fees. Finally, Congress requires the                    SUMMARY: Under Section 10 of the                      United States Patent and Trademark
                                                  USPTO to publish its final rule setting                 America Invents Act (AIA), the United                 Office, Mail Stop CFO, P.O. Box 1450,


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                                                  63544                        Federal Register / Vol. 80, No. 202 / Tuesday, October 20, 2015 / Notices

                                                  Alexandria, VA 22313–1450, ATTN:                        patent and trademark fees by rule under                 Dated: October 14, 2015.
                                                  Brendan Hourigan. Although comments                     Section 10 of the AIA. Congress requires              Michelle K. Lee,
                                                  may be submitted by postal mail, the                    the relevant advisory committee to hold               Under Secretary of Commerce for Intellectual
                                                  USPTO prefers to receive comments via                   a public hearing about the USPTO fee                  Property and Director of the United States
                                                  email. Written comments should be                       proposals after receiving them from the               Patent and Trademark Office.
                                                  identified in the subject line of the                   agency. Congress likewise requires the                [FR Doc. 2015–26574 Filed 10–19–15; 8:45 am]
                                                  email or postal mailing as ‘‘Fee Setting.’’             relevant advisory committee to prepare                BILLING CODE 3510–16–P
                                                  Because comments will be made                           a written report on the proposed fees
                                                  available for public inspection,                        and the USPTO to consider the relevant
                                                  information that is not desired to be                   advisory committee’s report before                    COMMODITY FUTURES TRADING
                                                  made public, such as an address or                      finally setting or adjusting the fees.                COMMISSION
                                                  telephone number, should not be                         Further, Congress requires the USPTO
                                                  included in the comments.                                                                                     Agency Information Collection
                                                                                                          to publish its proposed fees and                      Activities Under OMB Review
                                                     Web cast: The public hearing will be
                                                  available via Web cast. Information                     supporting rationale in the Federal
                                                                                                          Register and give the public not less                 AGENCY: Commodity Futures Trading
                                                  about the Web cast will be posted on the                                                                      Commission.
                                                  USPTO’s Internet Web site (address:                     than 45 days in which to submit
                                                                                                          comments on the proposed change in                    ACTION: Notice.
                                                  www.uspto.gov/about-us/performance-
                                                  and-planning/fee-setting-and-adjusting)                 fees. Finally, Congress requires the                  SUMMARY:    In compliance with the
                                                  before the public hearing.                              USPTO to publish its final rule setting               Paperwork Reduction Act of 1995
                                                     Transcripts: Transcript of the hearing               or adjusting fees also in the Federal                 (‘‘PRA’’), this notice announces that the
                                                  will be available on the USPTO Internet                 Register.                                             Information Collection Request (‘‘ICR’’)
                                                  Web site (www.uspto.gov/about-us/                          Presently, the USPTO is planning to                abstracted below has been forwarded to
                                                  performance-and-planning/fee-setting-                   exercise its fee setting authority to set or          the Office of Management and Budget
                                                  and-adjusting) shortly after the hearing.               adjust patent fees. The USPTO will                    (‘‘OMB’’) for review and comment. The
                                                  FOR FURTHER INFORMATION CONTACT:                        publish a proposed patent fee schedule                ICR describes the nature of the
                                                  Brendan Hourigan, Office of the Chief                   and related supplementary information                 information collection and its expected
                                                  Financial Officer, by phone (571) 272–                  for public viewing no later than                      costs and burden.
                                                  8966, or by email at brendan.hourigan@                  November 12, 2015, on the USPTO                       DATES: Comments must be submitted on
                                                  uspto.gov.                                              Internet Web site (address:                           or before November 19, 2015.
                                                  SUPPLEMENTARY INFORMATION: Requests                     www.uspto.gov/about-us/performance-                   ADDRESSES: Comments regarding the
                                                  to testify should indicate the following:               and-planning/fee-setting-and-adjusting).              burden estimated or any other aspect of
                                                  (1) The name of the person wishing to                   In turn, the PPAC will hold a public                  the information collection, including
                                                  testify; (2) the person’s contact                       hearing about the proposed patent fee                 suggestions for reducing the burden,
                                                  information (telephone number and                       schedule on the date indicated herein.                may be submitted directly to the Office
                                                  email address); (3) the organization(s)                 The USPTO will assist the PPAC in                     of Information and Regulatory Affairs
                                                  the person represents, if any; and (4) an               holding the hearing by providing                      (‘‘OIRA’’) in OMB, within 30 days of the
                                                  indication of the amount of time needed                                                                       notice’s publication, by email at
                                                                                                          resources to organize the hearing and by
                                                  for the testimony. Requests to testify                                                                        OIRAsubmissions@omb.eop.gov. Please
                                                                                                          notifying the public about the hearing,
                                                  must be submitted by email to Jennifer                                                                        identify the comments by OMB Control
                                                                                                          such as through this notice. To gather
                                                  Lo at Jennifer.Lo@uspto.gov. Based upon                                                                       No. 3038–0101. Please provide the
                                                  the requests received, an agenda for                    information from the public about the
                                                                                                                                                                Commission with a copy of all
                                                  witness testimony will be sent to                       USPTO’s proposed patent fees, the
                                                                                                                                                                submitted comments at the address
                                                  testifying requesters and posted on the                 PPAC will post specific questions for                 listed below. Please refer to OMB
                                                  USPTO Internet Web site (address:                       the public’s consideration on the                     Reference No. 3038–0101, found on
                                                  www.uspto.gov/about-us/performance-                     PPAC’s Internet Web site (address:                    http://reginfo.gov. Comments may also
                                                  and-planning/fee-setting-and-adjusting).                http://www.uspto.gov/about/advisory/                  be mailed to the Office of Information
                                                  If time permits, the PPAC may permit                    ppac) after the USPTO publishes its                   and Regulatory Affairs, Office of
                                                  unscheduled testimony as well.                          proposed patent fee schedule. The                     Management and Budget, Attention:
                                                     Effective September 16, 2011, with                   public may wish to address those                      Desk Officer for the Commodity Futures
                                                  the passage of the AIA, the USPTO is                    questions in its hearing testimony and/               Trading Commission, 725 17th Street
                                                  authorized under Section 10 of the AIA                  or in written comments submitted to                   NW., Washington, DC 20503, and to the
                                                  to set or adjust by rule all patent and                 PPAC as described herein.                             Commission through the Agency’s Web
                                                  trademark fees established, authorized,                    Following the PPAC public hearing,                 site at http://comments.cftc.gov. Follow
                                                  or charged under Title 35 of the United                 the USPTO will publish a Notice of                    the instructions for submitting
                                                  States Code and the Trademark Act of                                                                          comments through the Web site.
                                                                                                          Proposed Rulemaking in the Federal
                                                  1946, respectively. Patent and                                                                                   Comments may also be mailed to:
                                                                                                          Register, setting forth its proposed
                                                  trademark fees set or adjusted by rule                                                                        Christopher Kirkpatrick, Secretary of the
                                                                                                          patent fees. The publication of that
                                                  under Section 10 of the AIA may only                                                                          Commission, Commodity Futures
                                                  recover the aggregate estimated costs to                Notice will open a comment window
                                                                                                                                                                Trading Commission, Three Lafayette
                                                                                                          through which the public may provide
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                                                  the Office for processing, activities,                                                                        Centre, 1155 21st Street NW.,
                                                  services, and materials relating to                     written comments directly to the                      Washington, DC 20581 or by Hand
                                                  patents and trademarks, respectively,                   USPTO. Additional information about                   Delivery/Courier at the same address.
                                                  including administrative costs of the                   public comment to the USPTO will be                      A copy of the supporting statements
                                                  Office with respect to each as the case                 provided in the USPTO’s Notice of                     for the collection of information
                                                  may be.                                                 Proposed Rulemaking.                                  discussed above may be obtained by
                                                     Congress set forth the process for the                                                                     visiting http://reginfo.gov. All
                                                  USPTO to follow in setting or adjusting                                                                       comments must be submitted in


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Document Created: 2015-12-14 15:25:56
Document Modified: 2015-12-14 15:25:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of Public Hearing.
DatesPublic hearing: November 19, 2015.
ContactBrendan Hourigan, Office of the Chief Financial Officer, by phone (571) 272-8966, or by email at [email protected]
FR Citation80 FR 63543 

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