81_FR_15751 81 FR 15694 - Request for Information Related to Intellectual Property, Genetic Resources and Associated Traditional Knowledge

81 FR 15694 - Request for Information Related to Intellectual Property, Genetic Resources and Associated Traditional Knowledge

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 81, Issue 57 (March 24, 2016)

Page Range15694-15695
FR Document2016-06681

The United States Patent and Trademark Office (USPTO) is requesting information from its stakeholders regarding issues to be discussed in upcoming World Intellectual Property Organization (WIPO) meetings related to intellectual property, genetic resources, and associated traditional knowledge.

Federal Register, Volume 81 Issue 57 (Thursday, March 24, 2016) 
[Federal Register Volume 81, Number 57 (Thursday, March 24, 2016)]
[Notices]
[Pages 15694-15695]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06681]


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DEPARTMENT OF COMMERCE

 Patent and Trademark Office

[Docket No.: PTO-P-2016-0008]


Request for Information Related to Intellectual Property, Genetic 
Resources and Associated Traditional Knowledge

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for Comments.

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SUMMARY: The United States Patent and Trademark Office (USPTO) is 
requesting information from its stakeholders regarding issues to be 
discussed in upcoming World Intellectual Property Organization (WIPO) 
meetings related to intellectual property, genetic resources, and 
associated traditional knowledge.

DATES: Submission Deadline Date: To be ensured of consideration, 
submissions must be received on or before May 23, 2016.

ADDRESSES: Written submissions should be sent by electronic mail over 
the Internet addressed to: [email protected]. Submissions may 
also be submitted by postal mail addressed to: Director of the United 
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 
22313-1450, marked to the attention of Karin Ferriter, Office of Policy 
and International Affairs. Although submissions may be sent by postal 
mail, the USPTO prefers to receive submissions by electronic mail 
message over the Internet because sharing submissions with the public 
is more easily accomplished.
    Electronic submissions are preferred to be formatted in plain text, 
but also may be submitted in ADOBE[supreg] portable document format or 
MICROSOFT WORD[supreg] format. Submissions not sent electronically 
should be on paper in a format that facilitates convenient digital 
scanning into ADOBE[supreg] portable document format.
    Timely filed submissions will be available for public inspection at 
the Office of Policy and International Affairs, currently located in 
Madison West, Tenth Floor, 600 Dulany Street, Alexandria, Virginia 
22314. Submissions also will be available for viewing via the USPTO's 
Internet Web site (http://www.uspto.gov/patents-getting-started/international-protection/patent-policy). Because submissions will be 
made available for public inspection, information that the submitter 
does not desire to make public, such as an address or phone number, 
should not be included. It would be helpful to the USPTO if written 
submissions include the following information: (1) The name and 
affiliation of the individual responding; and (2) an indication of 
whether submissions offered represent the views of the respondent's 
organization or are the respondent's personal views.

FOR FURTHER INFORMATION CONTACT: Karin Ferriter, Attorney-Advisor 
(telephone (571) 272-9300; electronic mail message 
[email protected]) or Dominic Keating, Director, Intellectual 
Property Attach[eacute] Program (telephone (571) 272-9300; electronic 
mail message [email protected]), of the Office of Policy and 
International Affairs.

SUPPLEMENTARY INFORMATION: The World Intellectual Property 
Organization's (WIPO) Intergovernmental Committee

[[Page 15695]]

on Intellectual Property and Genetic Resources, Traditional Knowledge 
and Folklore (IGC) will conduct its thirtieth session from May 30 to 
June 3, 2016. The United States will participate in that meeting.
    At the meeting, the IGC will continue a longstanding discussion as 
to whether WIPO members should require patent applicants to disclose 
the source or origin of traditional knowledge and genetic resources 
used in an invention, as well as practices to prevent the granting of 
patents for inventions that are not patentable. These discussions have 
included definitional issues, including the definitions of genetic 
resources and traditional knowledge. See http://www.wipo.int/tk/en/igc/ 
for more information. Such practices include searching publicly 
available databases of genetic resource information and traditional 
knowledge.
    The IGC decided to invite relevant parties to provide information 
that could aid the IGC in its deliberations. The USPTO welcomes 
comments from the public on issues related to these topics. Comments 
regard the issues below would be particularly helpful to the USPTO.
     Currently, several resources are available which enable 
USPTO patent examiners to search prior art traditional knowledge and 
medicine, many of which are also available to the public,\1\ and some 
of which are available only to patent examiners through the USPTO 
Science and Technology Information Center.
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    \1\ See http://www.uspto.gov/patent/laws-and-regulations/comments-public/traditional-knowledge-and-medicine-resources.
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    [cir] Are there additional databases with information about genetic 
resources and traditional knowledge that patent examiners should use to 
assess patentability?
    [cir] What are the best practices for establishing such a database?
    [cir] Before such a database is made publicly available, what steps 
should be taken to ensure that it does not include confidential 
information?
    [cir] What studies have been done regarding national laws and 
practices that require patent applications to disclose the country of 
source or origin for genetic resources or traditional knowledge that 
may be implicated in the patent application?
     The meeting is also expected to consider a wide range of 
views among IGC delegations as to whether the intellectual property 
system should play a role in ensuring that researchers obtain informed 
consent before obtaining genetic resources or traditional knowledge 
from indigenous peoples.
    [cir] What codes of conduct (e.g., University or industry regarding 
research), practices (e.g., State park procedures to obtain prior 
informed consent), and laws (e.g., tribal laws regarding sharing of 
culture and granting prior informed consent) are relevant to the 
protection of genetic resources and traditional knowledge?
    [cir] What studies have been done regarding national laws and 
practices requiring patent applications to disclose the country of 
source or origin for genetic resources or traditional knowledge?
     At various times, different IGC delegations have referred 
to the Universal Declaration of Human Rights, and to the United Nations 
Declaration on the Rights of Indigenous Peoples.
    [cir] How, if at all, should these Declarations inform the 
discussions at the IGC?
    Interested parties are invited to share their views on these 
matters. The information obtained can help ensure that the United 
States delegation has the most current views on relevant issues for 
discussion at the WIPO IGC meetings. Studies, citations of databases, 
codes of conduct, and laws that are provided in response to this notice 
may be collected and submitted to WIPO for compilation as part of the 
reference materials for the WIPO IGC.

    Dated: March 18, 2016.
Michelle K. Lee
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2016-06681 Filed 3-23-16; 8:45 am]
 BILLING CODE 3510-16-P

15694 Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices final report needs no comments, NMFS circumstances of the incident. NMFS DATES: Submission Deadline Date: To be will consider the draft report as the would work with Glacier Bay NP to ensured of consideration, submissions Final Report. determine whether modifications in the must be received on or before May 23, b. Final Report: Glacier Bay shall activities are appropriate. 2016. prepare and submit a Final Report to In the event that Glacier Bay NP ADDRESSES: Written submissions should NMFS within 30 days following discovers an injured or dead marine be sent by electronic mail over the resolution of any comments on the draft mammal, and the lead visual observer Internet addressed to: report from NMFS. determines that the injury or death is InfoForWIPOIGC@uspto.gov. not associated with or related to the Submissions may also be submitted by 8. Reporting Injured or Dead Marine authorized activities (e.g., previously Mammals postal mail addressed to: Director of the wounded animal, carcass with moderate United States Patent and Trademark In the unanticipated event that the to advanced decomposition, or Office, P.O. Box 1450, Alexandria, VA specified activity clearly causes the take scavenger damage), Glacier Bay NP will 22313–1450, marked to the attention of of a marine mammal in a manner report the incident to the Division Chief, Karin Ferriter, Office of Policy and prohibited by the authorization, such as Permits and Conservation Division, International Affairs. Although an injury (Level A harassment), serious Office of Protected Resources, NMFS, submissions may be sent by postal mail, injury, or mortality (e.g., vessel-strike, and the Alaska Regional Stranding the USPTO prefers to receive stampede, etc.), BLM and/or its Coordinator within 24 hours of the submissions by electronic mail message designees shall immediately cease the discovery. Glacier Bay NP personnel over the Internet because sharing specified activities and immediately will provide photographs or video submissions with the public is more report the incident to the Division Chief, footage (if available) or other easily accomplished. Permits and Conservation Division, documentation of the stranded animal Electronic submissions are preferred Office of Protected Resources, NMFS, sighting to us. Glacier Bay NP can to be formatted in plain text, but also and the Alaska Regional Stranding continue their survey activities while may be submitted in ADOBE® portable Coordinator. The report must include NMFS reviews the circumstances of the document format or MICROSOFT the following information: incident. WORD® format. Submissions not sent • Time, date, and location (latitude/ electronically should be on paper in a longitude) of the incident; Request for Public Comments format that facilitates convenient digital • Description and location of the NMFS requests comment on the scanning into ADOBE® portable incident (including water depth, if analyses, the draft Authorization, and document format. applicable); any other aspect of the Notice of Timely filed submissions will be • Environmental conditions (e.g., Proposed Incidental Harassment available for public inspection at the wind speed and direction, Beaufort sea Authorization for Glacier Bay NP’s Office of Policy and International state, cloud cover, and visibility); activities. Affairs, currently located in Madison • Description of all marine mammal Please include any supporting data or West, Tenth Floor, 600 Dulany Street, observations in the 24 hours preceding literature citations with your comments Alexandria, Virginia 22314. the incident; to help inform our final decision on Submissions also will be available for • Species identification or Glacier Bay NP’s request for an viewing via the USPTO’s Internet Web description of the animal(s) involved; Authorization. • Fate of the animal(s); and site (http://www.uspto.gov/patents- Dated: March 18, 2016. getting-started/international-protection/ • Photographs or video footage of the animal(s) (if equipment is available). Perry F. Gayaldo, patent-policy). Because submissions Glacier Bay NP shall not resume its Deputy Director, Office of Protected will be made available for public activities until NMFS is able to review Resources, National Marine Fisheries Service. inspection, information that the the circumstances of the prohibited [FR Doc. 2016–06673 Filed 3–23–16; 8:45 am] submitter does not desire to make take. NMFS will work with Glacier Bay BILLING CODE 3510–22–P public, such as an address or phone NP to determine what is necessary to number, should not be included. It minimize the likelihood of further would be helpful to the USPTO if prohibited take and ensure MMPA DEPARTMENT OF COMMERCE written submissions include the compliance. Glacier Bay NP may not following information: (1) The name Patent and Trademark Office and affiliation of the individual resume their activities until notified by us via letter, email, or telephone. [Docket No.: PTO–P–2016–0008] responding; and (2) an indication of In the event that Glacier Bay NP whether submissions offered represent discovers an injured or dead marine Request for Information Related to the views of the respondent’s mammal, and the marine mammal Intellectual Property, Genetic organization or are the respondent’s observer determines that the cause of Resources and Associated Traditional personal views. the injury or death is unknown and the Knowledge FOR FURTHER INFORMATION CONTACT: death is relatively recent (i.e., in less AGENCY: United States Patent and Karin Ferriter, Attorney-Advisor than a moderate state of decomposition Trademark Office, Commerce. (telephone (571) 272–9300; electronic as we describe in the next paragraph), mail message Karin.Ferriter@uspto.gov) ACTION: Request for Comments. Glacier Bay NP will immediately report or Dominic Keating, Director, asabaliauskas on DSK3SPTVN1PROD with NOTICES the incident to the Division Chief, SUMMARY: The United States Patent and Intellectual Property Attaché Program Permits and Conservation Division, Trademark Office (USPTO) is requesting (telephone (571) 272–9300; electronic Office of Protected Resources, NMFS, information from its stakeholders mail message Dominic.Keating@ and the Alaska Regional Stranding regarding issues to be discussed in uspto.gov), of the Office of Policy and Coordinator. The report must include upcoming World Intellectual Property International Affairs. the same information identified in the Organization (WIPO) meetings related to SUPPLEMENTARY INFORMATION: The World paragraph above this section. Activities intellectual property, genetic resources, Intellectual Property Organization’s may continue while NMFS reviews the and associated traditional knowledge. (WIPO) Intergovernmental Committee VerDate Sep<11>2014 17:44 Mar 23, 2016 Jkt 238001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1

Federal Register / Vol. 81, No. 57 / Thursday, March 24, 2016 / Notices 15695 on Intellectual Property and Genetic traditional knowledge from indigenous DATES: Comments will be accepted on or Resources, Traditional Knowledge and peoples. before April 25, 2016. This proposed Folklore (IGC) will conduct its thirtieth Æ What codes of conduct (e.g., action will be effective on the date session from May 30 to June 3, 2016. University or industry regarding following the end of the comment The United States will participate in research), practices (e.g., State park period unless comments are received that meeting. procedures to obtain prior informed which result in a contrary At the meeting, the IGC will continue consent), and laws (e.g., tribal laws determination. a longstanding discussion as to whether regarding sharing of culture and WIPO members should require patent granting prior informed consent) are ADDRESSES: You may submit comments, applicants to disclose the source or relevant to the protection of genetic identified by docket number and title, origin of traditional knowledge and resources and traditional knowledge? by any of the following methods: genetic resources used in an invention, Æ What studies have been done regarding national laws and practices * Federal Rulemaking Portal: http:// as well as practices to prevent the requiring patent applications to disclose www.regulations.gov. Follow the granting of patents for inventions that the country of source or origin for instructions for submitting comments. are not patentable. These discussions have included definitional issues, genetic resources or traditional * Mail: Department of Defense, Office including the definitions of genetic knowledge? of the Deputy Chief Management resources and traditional knowledge. • At various times, different IGC Officer, Directorate of Oversight and See http://www.wipo.int/tk/en/igc/ for delegations have referred to the Compliance, Regulatory and Audit more information. Such practices Universal Declaration of Human Rights, Matters Office, 9010 Defense Pentagon, include searching publicly available and to the United Nations Declaration Washington, DC 20301–9010. databases of genetic resource on the Rights of Indigenous Peoples. Æ How, if at all, should these Instructions: All submissions received information and traditional knowledge. must include the agency name and The IGC decided to invite relevant Declarations inform the discussions at the IGC? docket number for this Federal Register parties to provide information that Interested parties are invited to share document. The general policy for could aid the IGC in its deliberations. their views on these matters. The comments and other submissions from The USPTO welcomes comments from information obtained can help ensure members of the public is to make these the public on issues related to these that the United States delegation has the submissions available for public topics. Comments regard the issues most current views on relevant issues viewing on the Internet at http:// below would be particularly helpful to for discussion at the WIPO IGC www.regulations.gov as they are the USPTO. • Currently, several resources are meetings. Studies, citations of received without change, including any available which enable USPTO patent databases, codes of conduct, and laws personal identifiers or contact examiners to search prior art traditional that are provided in response to this information. knowledge and medicine, many of notice may be collected and submitted which are also available to the public,1 to WIPO for compilation as part of the FOR FURTHER INFORMATION CONTACT: Ms. and some of which are available only to reference materials for the WIPO IGC. Tracy Rogers, Department of the Army, patent examiners through the USPTO Dated: March 18, 2016. Privacy Office, U.S. Army Records Science and Technology Information Michelle K. Lee Management and Declassification Center. Under Secretary of Commerce for Intellectual Agency, 7701 Telegraph Road, Casey Æ Are there additional databases with Property and Director of the United States Building, Suite 144, Alexandria, VA information about genetic resources and Patent and Trademark Office. 22325–3905 or by calling (703) 428– traditional knowledge that patent [FR Doc. 2016–06681 Filed 3–23–16; 8:45 am] 7499. examiners should use to assess BILLING CODE 3510–16–P patentability? SUPPLEMENTARY INFORMATION: The Æ What are the best practices for Department of the Army’s notices for establishing such a database? DEPARTMENT OF DEFENSE systems of records subject to the Privacy Æ Before such a database is made Act of 1974 (5 U.S.C. 552a), as amended, publicly available, what steps should be Department of the Army have been published in the Federal taken to ensure that it does not include Register and are available from the [Docket ID: USA–2016–HQ–0010] confidential information? address in the FOR FURTHER INFORMATION Æ What studies have been done Privacy Act of 1974; System of CONTACT or from the Defense Privacy regarding national laws and practices Records and Civil Liberties Division Web site at that require patent applications to http://dpcld.defense.gov/. The proposed disclose the country of source or origin AGENCY: Department of the Army, DoD. systems reports, as required by 5 U.S.C. for genetic resources or traditional ACTION:Notice to alter a System of 552a(r) of the Privacy Act, as amended, knowledge that may be implicated in Records. were submitted on March 18, 2016, to the patent application? the House Committee on Oversight and • The meeting is also expected to SUMMARY: The Department of the Army proposes to alter a system of records, Government Reform, the Senate consider a wide range of views among Committee on Homeland Security and A0600–43 DAPE, entitled ‘‘DA asabaliauskas on DSK3SPTVN1PROD with NOTICES IGC delegations as to whether the Governmental Affairs, and the Office of intellectual property system should play Conscientious Objector Review Board’’. This system is used to investigate claims Management and Budget (OMB) a role in ensuring that researchers pursuant to paragraph 4c of Appendix I obtain informed consent before of a service member that he/she is a conscientious objector to participation to OMB Circular No. A–130, ‘‘Federal obtaining genetic resources or in war or to the bearing of arms and to Agency Responsibilities for Maintaining 1 See http://www.uspto.gov/patent/laws-and- make final determination resulting in Records About Individuals,’’ dated regulations/comments-public/traditional- assignment of appropriate status or February 8, 1996 (February 20, 1996, 61 knowledge-and-medicine-resources. awarding of discharge. FR 6427). VerDate Sep<11>2014 17:44 Mar 23, 2016 Jkt 238001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\24MRN1.SGM 24MRN1


Document Created: 2016-03-24 00:57:43
Document Modified: 2016-03-24 00:57:43
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
ActionRequest for Comments.
ContactKarin Ferriter, Attorney-Advisor (telephone (571) 272-9300; electronic mail message [email protected]) or Dominic Keating, Director, Intellectual Property Attach[eacute] Program (telephone (571) 272-9300; electronic mail message [email protected]), of the Office of Policy and International Affairs.
FR Citation81 FR 15694 
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