81 FR 61195 - Request for Comments on the Extended Missing Parts Pilot Program
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 81, Issue 172 (September 6, 2016)
Patent and Trademark Office
Federal Register Volume 81, Issue 172 (September 6, 2016)
| Page Range | 61195-61196 | |
| FR Document | 2016-21306 |
[Federal Register Volume 81, Number 172 (Tuesday, September 6, 2016)] [Notices] [Pages 61195-61196] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21306] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO-P-2016-0027] Request for Comments on the Extended Missing Parts Pilot Program AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Request for comments. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO) has a pilot program (Extended Missing Parts Pilot Program) in which an applicant, under certain conditions, can request a 12-month time period to pay the search fee, the examination fee, any excess claim fees, and the surcharge (for the late submission of the search fee and the examination fee) in a nonprovisional application. The Extended Missing Parts Pilot Program is currently set to expire on December 31, 2016. The USPTO is seeking public comment on whether the Extended Missing Parts Pilot Program offers sufficient benefits to the patent community for it to be made permanent or whether the USPTO should permit the program to expire. DATES: Comment Deadline Date: Written comments must be received on or before November 7, 2016. ADDRESSES: Comments should be sent by electronic mail message over the Internet addressed to: [email protected]. Comments may also be submitted by postal mail addressed to: Mail Stop Comments-- Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313- 1450, marked to the attention of Eugenia A. Jones. Although comments may be submitted by postal mail, the Office prefers to receive comments by electronic mail message over the Internet in order to facilitate posting on the USPTO's Internet Web site. Electronic comments are preferred to be submitted in plain text, but also may be submitted in ADOBE[supreg] portable document format or MICROSOFT WORD[supreg] format. Comments not submitted electronically should be submitted on paper in a format that facilitates convenient digital scanning into ADOBE[supreg] portable document format. The comments will be available for public inspection at the Office of the Commissioner for Patents, currently located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia 22314. Comments also will be available for viewing via the USPTO's Internet Web site (http://www.uspto.gov). Because comments 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 in the comments. It would be helpful to the USPTO if comments included information about: (1) The name and affiliation of the individual responding; and (2) an indication of whether the comments represent views of the respondent's organization or are the respondent's personal views. FOR FURTHER INFORMATION CONTACT: Eugenia A. Jones, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272- 7727, or Erin M. Harriman, Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272-7747. SUPPLEMENTARY INFORMATION: I. Background On December 8, 2010, after considering written comments from the public, the USPTO implemented the Extended Missing Parts Pilot Program. See Pilot Program for Extended Time Period To Reply to a Notice to File Missing Parts of Nonprovisional Application, 75 FR 76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Office 44 (Jan. 4, 2011). Over the course of the pilot program, the USPTO provided extensions of the Extended Missing Parts Pilot Program through notices published in the Federal Register. The most recent notice extended the program until December 31, 2016, to allow the USPTO time to seek public comment on whether the Extended Missing Parts Pilot Program offers sufficient benefits to the patent community for it to be made permanent. See Extension of Extended Missing Parts Pilot Program, 80 FR 80325 (Dec. 24, 2015), 1422 Off. Gaz. Pat. Office 192 (Jan. 19, 2016). Since the Extended Missing Parts Pilot Program has been in place for more than five years, it is now a good opportunity to seek public comment on whether the program offers sufficient benefits to the patent community for it to be made permanent or whether the USPTO should permit the program to expire. Summary of the Extended Missing Parts Pilot Program: In order for an applicant to be provided a 12-month (non-extendable) time period to pay the search and examination fees and any required excess claims fees in response to a Notice to File Missing Parts of Nonprovisional Application under the Extended Missing Parts Pilot Program, the applicant must satisfy the following conditions: (1) The applicant must submit a certification and request to participate in the Extended Missing Parts Pilot Program with the nonprovisional application on filing, preferably by using Form PTO/AIA/421, titled ``Certification and Request for Extended Missing Parts Pilot Program''; (2) the application must be an original (i.e., not a Reissue) nonprovisional [[Page 61196]] utility or plant application filed under 35 U.S.C. 111(a) within the duration of the pilot program; (3) the nonprovisional application must directly claim the benefit under 35 U.S.C. 119(e) and 37 CFR 1.78 of a prior provisional application filed within the previous 12 months, and the specific reference to the provisional application must be in an application data sheet under 37 CFR 1.76 (see 37 CFR 1.78(a)(3)); and (4) the applicant must not have filed a nonpublication request. As required for all nonprovisional applications, the applicant must satisfy filing date requirements and publication requirements. If the application submitted on filing does not meet the requirements for publication, or if the application is filed without any claims, the Office of Patent Application Processing will issue an appropriate notice setting a two-month (extendable) time period within which to respond. The Extended Missing Parts Pilot Program does not change the two-month time period set forth in any such notice. In accordance with 35 U.S.C. 122(b), the USPTO will publish the application promptly after the expiration of 18 months from the earliest filing date for which benefit is sought. If the applicant satisfies the requirements (discussed above) on filing of the nonprovisional application and the application is in condition for publication, the USPTO will send the applicant a Notice to File Missing Parts of Nonprovisional Application that sets a 12- month (non-extendable) time period to submit the search fee, the examination fee, any excess claims fees (under 37 CFR 1.16(h)-(j)), and the surcharge under 37 CFR 1.16(f) (for the late submission of the search fee and examination fee). If an applicant files a timely reply to the Notice to File Missing Parts within the 12-month time period and the nonprovisional application is completed, the nonprovisional application will be placed in the examination queue based on the actual filing date of the nonprovisional application. For additional discussion, see Pilot Program for Extended Time Period To Reply to a Notice to File Missing Parts of Nonprovisional Application, 75 FR 76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Office 44 (Jan. 4, 2011), and Extension of the Extended Missing Parts Pilot Program, 80 FR 80325 (Dec. 24, 2015), 1422 Off. Gaz. Pat. Office 192 (Jan. 19, 2016). II. Request for Public Comments The USPTO is requesting written public comments on whether the Extended Missing Parts Pilot Program should be made permanent. The USPTO seeks input from the public on the following: 1. Have you participated in the Extended Missing Parts Pilot Program? If so, please discuss what aspects of the program you think are beneficial and what aspects are not. 2. Please discuss why an applicant would be discouraged from participating in the Extended Missing Parts Pilot Program. 3. Do you think the USPTO should make the Extended Missing Parts Pilot Program permanent? Why or why not? 4. Please provide any other input that you would like the USPTO to consider in determining whether the Extended Missing Parts Pilot Program should be made permanent. Dated: August 29, 2016. Russell Slifer, Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office. [FR Doc. 2016-21306 Filed 9-2-16; 8:45 am] BILLING CODE 3510-16-P
![Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices 61195
approximately 112 Firewalled Status ACTION: Request for comments. of the respondent’s organization or are
Application Forms per year. the respondent’s personal views.
Estimated Time per Response: 60 SUMMARY: The United States Patent and
FOR FURTHER INFORMATION CONTACT:
minutes. Trademark Office (USPTO) has a pilot
program (Extended Missing Parts Pilot Eugenia A. Jones, Senior Legal Advisor,
Estimated Total Annual Burden Office of Patent Legal Administration,
Hours: 112 (112 × 1 hour = 112 hours). Program) in which an applicant, under
Office of the Deputy Commissioner for
Estimated Total Annual Cost to certain conditions, can request a 12-
month time period to pay the search fee, Patent Examination Policy, by telephone
Public: NTIS expects to receive
the examination fee, any excess claim at (571) 272–7727, or Erin M. Harriman,
approximately 112 applications
fees, and the surcharge (for the late Legal Advisor, Office of Patent Legal
annually at a fee of $200 per
submission of the search fee and the Administration, Office of the Deputy
application, for a total cost to the public
examination fee) in a nonprovisional Commissioner for Patent Examination
of $22,400. The total annual cost reflects
application. The Extended Missing Parts Policy, by telephone at (571) 272–7747.
the cost to the Federal Government,
which consists of the expenses Pilot Program is currently set to expire SUPPLEMENTARY INFORMATION:
associated with NTIS personnel on December 31, 2016. The USPTO is I. Background
reviewing and processing the Firewalled seeking public comment on whether the
Status Application Forms. In addition, Extended Missing Parts Pilot Program On December 8, 2010, after
NTIS estimates that it will take a senior offers sufficient benefits to the patent considering written comments from the
auditor within the organization one community for it to be made permanent public, the USPTO implemented the
hour to complete the form at a rate of or whether the USPTO should permit Extended Missing Parts Pilot Program.
$135 per hour, for a total additional cost the program to expire. See Pilot Program for Extended Time
to the public of $15,120 (112 burden DATES: Comment Deadline Date: Written Period To Reply to a Notice to File
hours × $135/hour = $15,120). NTIS comments must be received on or before Missing Parts of Nonprovisional
estimates the total annual cost to the November 7, 2016. Application, 75 FR 76401 (Dec. 8, 2010),
public to be $22,400 in fees + $15,120 1362 Off. Gaz. Pat. Office 44 (Jan. 4,
ADDRESSES: Comments should be sent
in staff time = $37,520. by electronic mail message over the 2011). Over the course of the pilot
Internet addressed to: program, the USPTO provided
IV. Request for Comments extensions of the Extended Missing
extendedmissingparts2016@uspto.gov.
Comments are invited on: (a) Whether Comments may also be submitted by Parts Pilot Program through notices
the proposed collection of information postal mail addressed to: Mail Stop published in the Federal Register. The
is necessary for the proper performance Comments—Patents, Commissioner for most recent notice extended the
of the functions of the agency, including Patents, P.O. Box 1450, Alexandria, VA program until December 31, 2016, to
whether the information shall have 22313–1450, marked to the attention of allow the USPTO time to seek public
practical utility; (b) the accuracy of the Eugenia A. Jones. comment on whether the Extended
agency’s estimate of the burden Although comments may be Missing Parts Pilot Program offers
(including hours and cost) of the submitted by postal mail, the Office sufficient benefits to the patent
proposed collection of information; (c) prefers to receive comments by community for it to be made permanent.
ways to enhance the quality, utility, and electronic mail message over the See Extension of Extended Missing Parts
clarity of the information to be Internet in order to facilitate posting on Pilot Program, 80 FR 80325 (Dec. 24,
collected; and (d) ways to minimize the the USPTO’s Internet Web site. 2015), 1422 Off. Gaz. Pat. Office 192
burden of the collection of information Electronic comments are preferred to be (Jan. 19, 2016). Since the Extended
on respondents, including through the submitted in plain text, but also may be Missing Parts Pilot Program has been in
use of automated collection techniques submitted in ADOBE® portable place for more than five years, it is now
or other forms of information document format or MICROSOFT a good opportunity to seek public
technology. WORD® format. Comments not comment on whether the program offers
Comments submitted in response to submitted electronically should be sufficient benefits to the patent
this notice will be summarized and/or submitted on paper in a format that community for it to be made permanent
included in the request for OMB facilitates convenient digital scanning or whether the USPTO should permit
approval of this information collection; into ADOBE® portable document the program to expire.
they also will become a matter of public format. Summary of the Extended Missing
record. The comments will be available for Parts Pilot Program: In order for an
Dated: August 31, 2016. public inspection at the Office of the applicant to be provided a 12-month
Commissioner for Patents, currently (non-extendable) time period to pay the
Glenna Mickelson,
located in Madison East, Tenth Floor, search and examination fees and any
Management Analyst, Office of the Chief
600 Dulany Street, Alexandria, Virginia required excess claims fees in response
Information Officer.
22314. Comments also will be available to a Notice to File Missing Parts of
[FR Doc. 2016–21279 Filed 9–2–16; 8:45 am]
for viewing via the USPTO’s Internet Nonprovisional Application under the
BILLING CODE 3510–13–P
Web site (http://www.uspto.gov). Extended Missing Parts Pilot Program,
Because comments will be made the applicant must satisfy the following
available for public inspection, conditions: (1) The applicant must
DEPARTMENT OF COMMERCE
information that the submitter does not submit a certification and request to
desire to make public, such as an participate in the Extended Missing
mstockstill on DSK3G9T082PROD with NOTICES
Patent and Trademark Office
address or phone number, should not be Parts Pilot Program with the
[Docket No. PTO–P–2016–0027] included in the comments. It would be nonprovisional application on filing,
helpful to the USPTO if comments preferably by using Form PTO/AIA/421,
Request for Comments on the
included information about: (1) The titled ‘‘Certification and Request for
Extended Missing Parts Pilot Program
name and affiliation of the individual Extended Missing Parts Pilot Program’’;
AGENCY:United States Patent and responding; and (2) an indication of (2) the application must be an original
Trademark Office, Commerce. whether the comments represent views (i.e., not a Reissue) nonprovisional
VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\06SEN1.SGM 06SEN1](https://thefederalregister.org/doc/81_FR_61367/page/1.svg)
![61196 Federal Register / Vol. 81, No. 172 / Tuesday, September 6, 2016 / Notices
utility or plant application filed under should be made permanent. The USPTO ADDRESSES: All individuals or entities
35 U.S.C. 111(a) within the duration of seeks input from the public on the who wish to participate in the challenge
the pilot program; (3) the following: must register and submit their entry
nonprovisional application must 1. Have you participated in the through www.challenge.gov.
directly claim the benefit under 35 Extended Missing Parts Pilot Program? FOR FURTHER INFORMATION CONTACT: For
U.S.C. 119(e) and 37 CFR 1.78 of a prior If so, please discuss what aspects of the further information, please contact
provisional application filed within the program you think are beneficial and Thomas A. Beach, Office of the Under
previous 12 months, and the specific what aspects are not. Secretary and Director, at 571–272–
reference to the provisional application 2. Please discuss why an applicant 8600.
must be in an application data sheet would be discouraged from SUPPLEMENTARY INFORMATION:
under 37 CFR 1.76 (see 37 CFR participating in the Extended Missing
1.78(a)(3)); and (4) the applicant must Parts Pilot Program. I. About the Challenge
not have filed a nonpublication request. 3. Do you think the USPTO should Background
As required for all nonprovisional make the Extended Missing Parts Pilot
applications, the applicant must satisfy Program permanent? Why or why not? Cancer is undoubtedly a disease that
filing date requirements and publication 4. Please provide any other input that touches all our lives. Ending cancer as
requirements. If the application you would like the USPTO to consider we know it requires the formation of
submitted on filing does not meet the in determining whether the Extended new alliances. As President Obama
requirements for publication, or if the Missing Parts Pilot Program should be noted, getting this done isn’t just going
application is filed without any claims, made permanent. to take the best and brightest across the
the Office of Patent Application medical, research, and data
Dated: August 29, 2016. communities—but millions of
Processing will issue an appropriate
notice setting a two-month (extendable) Russell Slifer, Americans owning a stake of it. By
time period within which to respond. Deputy Under Secretary of Commerce for harnessing the power of patent data and
The Extended Missing Parts Pilot Intellectual Property and Deputy Director of accelerating the process for protecting
Program does not change the two-month the United States Patent and Trademark the intellectual property that leads to
Office. cancer immunotherapy breakthroughs,
time period set forth in any such notice.
[FR Doc. 2016–21306 Filed 9–2–16; 8:45 am] the USPTO is standing up and doing its
In accordance with 35 U.S.C. 122(b), the
USPTO will publish the application BILLING CODE 3510–16–P part to help bring potentially life-saving
promptly after the expiration of 18 treatments to patients, faster.
months from the earliest filing date for The Challenge
which benefit is sought. DEPARTMENT OF COMMERCE
If the applicant satisfies the With data released through the
Patent and Trademark Office USPTO Developer Hub, users are
requirements (discussed above) on filing
of the nonprovisional application and [Docket No. PTO–C–2016–0032] building rich visualizations of
the application is in condition for intellectual property data, an early
publication, the USPTO will send the USPTO Cancer Moonshot Challenge indicator of meaningful innovation and
applicant a Notice to File Missing Parts research and development (R&D), and
AGENCY: United States Patent and combining this data with other state or
of Nonprovisional Application that sets Trademark Office, Commerce.
a 12-month (non-extendable) time agency data, such as census and bureau
ACTION: Notice. of labor statistics, and/or economic and
period to submit the search fee, the
examination fee, any excess claims fees financial data. These types of
SUMMARY: The United States Patent and
(under 37 CFR 1.16(h)-(j)), and the visualizations demonstrate the power of
Trademark Office (USPTO) publishes
surcharge under 37 CFR 1.16(f) (for the telling complex stories that lead to
this notice to announce the Cancer
late submission of the search fee and impactful insights and ask why the data
Moonshot Challenge, which was
examination fee). If an applicant files a matters. Similarly, we challenge you to
launched on August 22, 2016, to enlist
timely reply to the Notice to File create and illuminate new trend lines
the public’s help to leverage the
Missing Parts within the 12-month time and interactive mappings of innovation
USPTO’s intellectual property data,
period and the nonprovisional with visualizations for all types of
often an early indicator of meaningful
application is completed, the cancer treatments and diagnostics by
research and development, and combine
nonprovisional application will be combining our data with other unique
it with other economic and funding
placed in the examination queue based data. Be sure to list the sources of your
data. This challenge supports the goals
on the actual filing date of the data sets (i.e., orange book data from the
and objectives of the National Cancer
nonprovisional application. FDA), tools, and assumptions used to
Moonshot, a Presidential initiative to
For additional discussion, see Pilot form your conclusion and
speed up cancer advances, make more
Program for Extended Time Period To visualizations. Imagine your data
therapies available to more patients, and
Reply to a Notice to File Missing Parts visualizations will be the foundation to
improve the ability to prevent cancer
of Nonprovisional Application, 75 FR empower the Federal Government—as
and detect it at an early stage. This
76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat. well as the medical, research, and data
notice provides the public with
Office 44 (Jan. 4, 2011), and Extension communities—to make more precise
information on participation and
of the Extended Missing Parts Pilot funding and policy decisions based on
application requirements for the
the commercialization lifecycle of the
mstockstill on DSK3G9T082PROD with NOTICES
Program, 80 FR 80325 (Dec. 24, 2015), challenge, including the judging criteria,
1422 Off. Gaz. Pat. Office 192 (Jan. 19, most promising treatments, while
submission requirements, and rules of
2016). maximizing U.S. competitiveness in
eligibility.
cancer investments.
II. Request for Public Comments DATES: Challenge Deadline: The Using analytic tools, processes, and
The USPTO is requesting written deadline for submissions is September other interoperable data sets, we are
public comments on whether the 12, 2016, 5:00 p.m. Eastern Standard challenging you to develop interactive
Extended Missing Parts Pilot Program Time (EST). visualizations and stories that can help
VerDate Sep<11>2014 17:04 Sep 02, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\06SEN1.SGM 06SEN1](https://thefederalregister.org/doc/81_FR_61367/page/2.svg)
Document Created: 2018-02-09 12:04:22
Document Modified: 2018-02-09 12:04:22
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Request for comments. | |
| Dates | Comment Deadline Date: Written comments must be received on or before November 7, 2016. | |
| Contact | Eugenia A. Jones, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272- 7727, or Erin M. Harriman, Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy, by telephone at (571) 272-7747. | |
| FR Citation | 81 FR 61195 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR