82 FR 24249 - July 2017 Revision of Patent Cooperation Treaty Procedures
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 82, Issue 101 (May 26, 2017)
Patent and Trademark Office
Federal Register Volume 82, Issue 101 (May 26, 2017)
| Page Range | 24249-24253 | |
| FR Document | 2017-10870 |
[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)] [Rules and Regulations] [Pages 24249-24253] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-10870] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office 37 CFR Part 1 [Docket No.: PTO-P-2017-0002] RIN 0651-AD14 July 2017 Revision of Patent Cooperation Treaty Procedures AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO or Office) is amending the rules of practice to implement certain amendments made to the Regulations under the Patent [[Page 24250]] Cooperation Treaty (PCT) that will take effect on July 1, 2017, concerning the transmittal by a Receiving Office to an International Searching Authority of documents relating to an earlier search or classification. DATES: Effective date: This rule is effective July 1, 2017. Applicability date: The changes in this final rule apply to international applications having an international filing date on or after July 1, 2017. FOR FURTHER INFORMATION CONTACT: Boris Milef, Senior Legal Examiner, International Patent Legal Administration, at (571) 272-3288. SUPPLEMENTARY INFORMATION: During the October 5 to 14, 2015, meeting of the Governing Bodies of the World Intellectual Property Organization (WIPO), the PCT Assembly adopted a number of amendments to the PCT Regulations having various dates of entry into force. See report adopted by the 47th Assembly of the PCT Union, available at http://www.wipo.int/edocs/mdocs/govbody/en/pct_a_47/pct_a_47_9.pdf. This final rule implements the changes to PCT Rules 12bis, 23bis, and 41, concerning the transmittal by the Receiving Office (RO) to the International Searching Authority (ISA) of documents relating to an earlier search or classification. Pursuant to 35 U.S.C. 361, the USPTO is required to perform all acts connected with the discharge of duties required of an RO. Accordingly, the USPTO is amending the rules of practice to implement these adopted PCT rules. These adopted rules were published in the May 12, 2016, issue of the PCT Gazette at pages 95-99, available on WIPO's Web site at http://www.wipo.int/pct/en/official_notices, and will apply to international applications having an international filing date on or after July 1, 2017. Under the current PCT rules, applicants can request the ISA to take into account the results of an earlier search carried out by the same or another ISA or by a national office. See PCT Rule 4.12. Applicants making such a request must submit to the RO a copy of the results of the earlier search, subject to certain exceptions. One exception is where the office acting as the RO has performed the earlier search, the applicant may request the RO to transmit a copy of the results of the earlier search to the ISA rather than submit a copy of the results to the RO. See current PCT Rule 12bis.1(c). Submission of a copy of the results of the earlier search to the RO is also not required where the earlier search was carried out by the same ISA or by the same office as that which is acting as the ISA. See current PCT Rule 12bis.1(d). Nor is the submission of a copy of the results of the earlier search to the RO required where a copy of the search results is available to the ISA in a form and manner acceptable to it, for example, from a digital library. See current PCT Rule 12bis.1(f). The USPTO, in its capacity as an ISA, currently does not obtain a copy of the results of an earlier search pursuant to Rule 12bis.1(f). As explained above, the mechanism under the current PCT rules for providing an ISA with a copy of the results of an earlier search is applicant driven. In addition, the current PCT rules do not specifically provide for the transmittal by the RO to the ISA of a copy of the results of any earlier classification available to the RO. To help reduce the workload of ISAs and improve the quality of international search reports, the PCT Regulations were amended to increase the availability of the results of an earlier search or earlier classification to ISAs by providing an Office driven mechanism for furnishing such information to ISAs. A summary of the new PCT Regulations are provided as follows. New PCT Rule 23bis.1 concerns the transmittal of documents relating to an earlier search where the applicant has made a request under PCT Rule 4.12 that the ISA take into account the results of an earlier search. Rule 23bis.1(a) provides that the RO shall transmit to the ISA, together with the search copy (see PCT Article 12(1); PCT Rule 23), any copy referred to in Rule 12bis.1(a) related to an earlier search in respect of which the applicant has made a request under Rule 4.12, provided that any such copy: (i) Has been submitted by the applicant to the RO together with the international application; (ii) has been requested by the applicant to be prepared and transmitted by the RO to the ISA; or (iii) is available to the RO in a form and manner acceptable to it, for example, from a digital library, in accordance with Rule 12bis.1(d). Rule 23bis.1(b) further provides that, if the results of any earlier classification are not included in the copy of the results of the earlier search referred to in Rule 12bis.1(a), the RO shall also transmit to the ISA, together with the search copy, a copy of the results of any earlier classification effected by that office, if available. New PCT Rule 23bis.2 provides for the transmittal by the RO to the ISA of the copy of the results of an earlier search or earlier classification in respect of an earlier application for which priority is claimed in the international application, where the earlier application is filed with the same office that is acting as the RO and that office has carried out an earlier search in respect of the earlier application or has classified the earlier application. Under this provision, transmittal of a copy of the results of an earlier search or earlier classification by the RO to the ISA will not be required in the following circumstances: (1) Where an RO has notified the International Bureau by April 14, 2016, that it may, on the request of the applicant submitted together with the international application, decide not to transmit the results of an earlier search (Rule 23bis.2(b)); (2) where the earlier search was carried out by the ISA or where the RO is aware that the results are available to the ISA (Rule 23bis.2(d)); and (3) where, to the extent that on October 14, 2015, the transmission of the copies referred to Rule 23bis.2(a) without the authorization by the applicant is not compatible with the national law applied by the RO, the provisions of PCT Rule 23bis.2(a) will not apply with respect to any international application filed with that RO for as long as such transmission without the authorization by the applicant continues not to be compatible with that law, provided that the RO informed the International Bureau accordingly by April 14, 2016 (PCT Rule 23bis.2(e)). Under the national law of the United States, unpublished applications for patents are generally required to be kept in confidence by the USPTO and no information concerning the same given without authority of the applicant or owner. See 35 U.S.C. 122; 37 CFR 1.14. Accordingly, the USPTO has notified the International Bureau pursuant to PCT Rule 23bis.2(e) that it will not transmit the copies referred to in Rule 23bis.2 to the extent that the national law of the United States requires that patent applications that have not been published must be kept in confidence unless specifically authorized by the applicant. See the October 20, 2016, issue of the PCT Gazette at pages 210-13, available at http://www.wipo.int/export/sites/www/pct/en/official_notices/officialnotices16.pdf. Discussion of Specific Rules The following is a discussion of the amendments to 37 CFR part 1, made pursuant to the amendments to the PCT Regulations. 37 CFR 1.453: In general, Sec. 1.453 is added to provide the procedures for the transmittal by the USPTO in its capacity as an RO of documents relating to an earlier search or earlier classification in [[Page 24251]] accordance with amendments made to the PCT Regulations that will take effect on July 1, 2017. Section 1.453(a) implements the provisions of new PCT Rule 23bis.1 by providing that, where an applicant has requested in an international application filed with the United States Receiving Office (RO/US) pursuant to PCT Rule 4.12 that an ISA take into account the results of an earlier search, the RO/US shall prepare and transmit to the ISA, as applicable, a copy of the results of the earlier search and any earlier classification as provided under PCT Rule 23bis.1. As discussed above, the applicant driven mechanism of PCT Rule 23bis.1 differs from the current applicant driven PCT mechanism by further providing for the automatic transmittal by the RO to the ISA of a copy of the results of any earlier classification effected by the RO. Also, consistent with the USPTO's current practice as an ISA, the USPTO, in its capacity as an RO, does not at the present time contemplate obtaining a copy of the results of an earlier search pursuant to PCT Rule 23bis.1(a)(iii), for example, from a digital library. Section 1.453(b) implements the provisions of PCT Rule 23bis.2 by providing that, where an international application filed with the RO/US claims the priority of an earlier application filed with the USPTO in which the USPTO has carried out an earlier search or has classified such earlier application, the RO/US shall prepare and transmit to the ISA a copy of the results of any such earlier search and earlier classification as provided under PCT Rule 23bis.2. This automatic process is triggered based on the presence of a priority claim in the PCT application to an application in which the USPTO carried out an earlier search or has classified the earlier application. The RO/US will not retrieve the results of an earlier search or earlier classification conducted by an office other than the USPTO. Section 1.453(c), therefore, is limited to applications held in confidence by the USPTO and is not directed to applications held in confidence by offices other than the USPTO. In accordance with the requirements of 35 U.S.C. 122 and the aforementioned notification under PCT Rule 23bis.2(e) by the USPTO, Sec. 1.453(a) and (b) are subject to the provisions of Sec. 1.453(c), which provides that the RO/US will not prepare a copy of the results of the earlier search or earlier classification referred to in Sec. 1.453(a) or (b) for transmittal to an ISA from an application preserved in confidence by the USPTO under Sec. 1.14 unless the international application contains written authority granting the ISA access to such results. Section 1.453(c) further provides that such written authority must be signed by an applicant in the international application who is also an applicant in the application preserved in confidence or by a person set forth in Sec. 1.14(c) permitted to grant access to the application preserved in confidence. The Office anticipates that the PCT Request form (PCT/RO/ 101) will be revised to provide the option to include written authority therein. The provisions of Sec. 1.453(c) will permit, inter alia, an applicant in the international application to sign the written authority (either directly or through applicant's representative (Sec. 1.455)), provided that applicant is also an applicant in the application that is preserved in confidence. Rulemaking Considerations A. Administrative Procedure Act: This final rule implements changes made to the Regulations under the PCT and involves changes to the rules of agency practice and procedure and/or interpretive rules. See Perez v. Mortg. Bankers Ass'n, 135 S. Ct. 1199, 1204 (2015) (Interpretive rules ``advise the public of the agency's construction of the statutes and rules which it administers.'' (citation and internal quotation marks omitted)); Nat'l Org. of Veterans' Advocates v. Sec'y of Veterans Affairs, 260 F.3d 1365, 1375 (Fed. Cir. 2001) (Rule that clarifies interpretation of a statute is interpretive.); Bachow Commc'ns Inc. v. FCC, 237 F.3d 683, 690 (D.C. Cir. 2001) (Rules governing an application process are procedural under the Administrative Procedure Act.); Inova Alexandria Hosp. v. Shalala, 244 F.3d 342, 350 (4th Cir. 2001) (Rules for handling appeals were procedural where they did not change the substantive standard for reviewing claims.). Accordingly, prior notice and opportunity for public comment for the changes in this rulemaking are not required pursuant to 5 U.S.C. 553(b) or (c), or any other law. See Perez, 135 S. Ct. at 1206 (Notice- and-comment procedures are required neither when an agency ``issue[s] an initial interpretive rule'' nor ``when it amends or repeals that interpretive rule.''); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336- 37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 2(b)(2)(B), does not require notice and comment rulemaking for ``interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice'' (quoting 5 U.S.C. 553(b)(A))). Alternatively, the provisions of the Administrative Procedure Act requiring prior notice and opportunity for public comment are inapplicable because this rulemaking involves a military or foreign affairs function of the United States. See 5 U.S.C. 553(a)(1). The USPTO, in its capacity as an RO, is required to perform all acts connected with the discharge of duties required of an RO. See 35 U.S.C. 361. This final rule adopts changes required to conform the rules of practice for international applications to the amendments to the PCT Regulations, which will become effective on July 1, 2017. Thus, this final rule is covered by the foreign affairs function exception of 5 U.S.C. 553(a)(1) and may be adopted without prior notice and opportunity for public comment. See Int'l Brotherhood of Teamsters v. Pena, 17 F.3d 1478, 1486 (D.C. Cir. 1994). B. Regulatory Flexibility Act: As prior notice and an opportunity for public comment are not required pursuant to 5 U.S.C. 553 or any other law, neither a Regulatory Flexibility Act analysis nor a certification under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) is required. See 5 U.S.C. 603. C. Executive Orders 12866 (Regulatory Planning and Review), 13563 (Improving Regulation and Regulatory Review), and 13771 (Reducing Regulation and Controlling Regulatory Costs): This rulemaking has been determined to be not significant for purposes of Executive Order 12866 (Sept. 30, 1993). The Office has complied with Executive Order 13563. Specifically, the Office has, to the extent feasible and applicable: (1) Made a reasoned determination that the benefits justify the costs of the rule; (2) tailored the rule to impose the least burden on society consistent with obtaining the regulatory objectives; (3) selected a regulatory approach that maximizes net benefits; (4) specified performance objectives; (5) identified and assessed available alternatives; (6) involved the public in an open exchange of information and perspectives among experts in relevant disciplines, affected stakeholders in the private sector and the public as a whole, and provided on-line access to the rulemaking docket; (7) attempted to promote coordination, simplification, and harmonization across government agencies and identified goals designed to promote innovation; (8) considered approaches that reduce burdens and maintain flexibility and freedom of choice for the public; and (9) ensured the objectivity of scientific and technological information and processes. [[Page 24252]] Because this rulemaking has been determined to be not significant for purposes of Executive Order 12866, the requirements of Executive Order 13771 (Jan. 30, 2017) do not apply. See Guidance Implementing Executive Order 13771, Titled ``Reducing Regulation and Controlling Regulatory Costs,'' at page 3 (OMB mem.) (April 5, 2017). Alternatively, this final rule is not subject to Executive Order 13771 as it does not meet the definition of ``regulation'' or ``rule'' under Section 4 of Executive Order 13771, which excludes regulations issued with respect to a military, national security, or foreign affairs function of the United States. D. Executive Order 13132 (Federalism): This rulemaking does not contain policies with federalism implications sufficient to warrant preparation of a Federalism Assessment under Executive Order 13132 (Aug. 4, 1999). E. Executive Order 13175 (Tribal Consultation): This rulemaking will not: (1) Have substantial direct effects on one or more Indian tribes; (2) impose substantial direct compliance costs on Indian tribal governments; or (3) preempt tribal law. Therefore, a tribal summary impact statement is not required under Executive Order 13175 (Nov. 6, 2000). F. Executive Order 13211 (Energy Effects): This rulemaking is not a significant energy action under Executive Order 13211 because this rulemaking is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Therefore, a Statement of Energy Effects is not required under Executive Order 13211 (May 18, 2001). G. Executive Order 12988 (Civil Justice Reform): This rulemaking meets applicable standards to minimize litigation, eliminate ambiguity, and reduce burden as set forth in sections 3(a) and 3(b)(2) of Executive Order 12988 (Feb. 5, 1996). H. Executive Order 13045 (Protection of Children): This rulemaking does not concern an environmental risk to health or safety that may disproportionately affect children under Executive Order 13045 (Apr. 21, 1997). I. Executive Order 12630 (Taking of Private Property): This rulemaking will not affect a taking of private property or otherwise have taking implications under Executive Order 12630 (Mar. 15, 1988). J. Congressional Review Act: Under the Congressional Review Act provisions of the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the USPTO will submit a report containing the final rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the Government Accountability Office. The changes in this notice are not expected to result in an annual effect on the economy of 100 million dollars or more, a major increase in costs or prices, or significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and export markets. Therefore, this notice is not expected to result in a ``major rule'' as defined in 5 U.S.C. 804(2). K. Unfunded Mandates Reform Act of 1995: The changes set forth in this notice do not involve a federal intergovernmental mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, of 100 million dollars (as adjusted) or more in any one year, or a federal private sector mandate that will result in the expenditure by the private sector of 100 million dollars (as adjusted) or more in any one year, and will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995. See 2 U.S.C. 1501 et seq. L. National Environmental Policy Act: This rulemaking will not have any effect on the quality of the environment and is thus categorically excluded from review under the National Environmental Policy Act of 1969. See 42 U.S.C. 4321 et seq. M. National Technology Transfer and Advancement Act: The requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because this rulemaking does not contain provisions that involve the use of technical standards. N. Paperwork Reduction Act: The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) requires that the Office consider the impact of paperwork and other information collection burdens imposed on the public. This rulemaking involves information collection requirements which are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3549). The collection of information involved in this rule has been reviewed and previously approved by OMB under control number 0651-0021. Notwithstanding any other provision of law, no person is required to respond to nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a currently valid OMB control number. List of Subjects in 37 CFR Part 1 Administrative practice and procedure, Biologics, Courts, Freedom of information Inventions and patents, Reporting and recordkeeping requirements, Small businesses. For the reasons set forth in the preamble, 37 CFR part 1 is amended as follows: PART 1--RULES OF PRACTICE IN PATENT CASES 0 1. The authority citation for 37 CFR part 1 continues to read as follows: Authority: 35 U.S.C. 2(b)(2), unless otherwise noted. 0 2. Section 1.453 is added under the center heading ``Priority'' to read as follows: Sec. 1.453 Transmittal of documents relating to earlier search or classification. (a) Subject to paragraph (c) of this section, where an applicant has requested in an international application filed with the United States Receiving Office pursuant to PCT Rule 4.12 that an International Searching Authority take into account the results of an earlier search, the United States Receiving Office shall prepare and transmit to the International Searching Authority, as applicable, a copy of the results of the earlier search and any earlier classification as provided under PCT Rule 23bis.1. (b) Subject to paragraph (c) of this section, where an international application filed with the United States Receiving Office claims the priority of an earlier application filed with the USPTO in which the USPTO has carried out an earlier search or has classified such earlier application, the United States Receiving Office shall prepare and transmit to the International Searching Authority a copy of the results of any such earlier search and earlier classification as provided under PCT Rule 23bis.2. (c) The United States Receiving Office will not prepare a copy of the results of an earlier search or earlier classification referred to in paragraphs (a) and (b) of this section for transmittal to an International Searching Authority from an application preserved in confidence (Sec. 1.14) unless the international application contains written authority granting the International Searching [[Page 24253]] Authority access to such results. Written authority provided under this paragraph must be signed by: (1) An applicant in the international application who is also an applicant in the application preserved in confidence; or (2) A person set forth in Sec. 1.14(c) permitted to grant access to the application preserved in confidence. Dated: May 22, 2017. Michelle K. Lee, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2017-10870 Filed 5-25-17; 8:45 am] BILLING CODE 3510-16-P
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DEPARTMENT OF HOMELAND The Coast Guard will also inform the Henry Ford Avenue railroad bridge,
SECURITY users of the waterways through our mile 4.8, over Cerritos Channel, at Long
Local and Broadcast Notices to Mariners Beach, CA. The drawbridge navigation
Coast Guard of the change in operating schedule for span provides a vertical clearance of 6
the bridge so that vessel operators can feet above Mean High Water in the
33 CFR Part 117 arrange their transits to minimize any closed-to-navigation position. The draw
[Docket No. USCG–2017–0444] impact caused by the temporary operates as required by 33 CFR
deviation. 117.147(b). Navigation on the waterway
Drawbridge Operation Regulation; In accordance with 33 CFR 117.35(e), is commercial, search and rescue, law
Neponset River, Boston, MA the drawbridge must return to its regular enforcement, and recreational.
operating schedule immediately at the The drawspan will be secured in the
AGENCY: Coast Guard, DHS. end of the effective period of this closed-to-navigation position from 6:30
ACTION:Notice of deviation from temporary deviation. This deviation p.m. on May 27, 2017 to 6:30 p.m. on
drawbridge regulation. from the operating regulations is June 10, 2017, to allow the bridge owner
authorized under 33 CFR 117.35. to replace the operating machinery. This
SUMMARY: The Coast Guard has issued a
Dated: May 23, 2017. temporary deviation has been
temporary deviation from the operating
C.J. Bisignano,
coordinated with the waterway users.
schedule that governs the Granite
No objections to the proposed
Avenue Bridge across Neponset River, Supervisory Bridge Management Specialist,
First Coast Guard District.
temporary deviation were raised.
mile 2.5, at Boston, Massachusetts. This Vessels able to pass through the
deviation is necessary in order to [FR Doc. 2017–10856 Filed 5–25–17; 8:45 am]
bridge in the closed position may do so
facilitate the McKeon Post Scholarship BILLING CODE 9110–04–P
at any time. The bridge will be able to
Road Race and allows the bridge to open for emergencies with between 4 to
remain in the closed position for two 24 hours advance notice. Los Angeles
hours. DEPARTMENT OF HOMELAND
Harbor can be used as an alternate route
DATES: This deviation is effective from
SECURITY
for vessels. The Coast Guard will also
9:30 a.m. to 11:30 a.m. on June 18, 2017. Coast Guard inform the users of the waterway
ADDRESSES: The docket for this through our Local and Broadcast
deviation, USCG–2017–0444 is available 33 CFR Part 117 Notices to Mariners of the change in
at http://www.regulations.gov. Type the operating schedule for the bridge so
docket number in the ‘‘SEARCH’’ box [Docket No. USCG–2017–0462] vessel operators can arrange their
and click ‘‘SEARCH’’. Click on Open transits to minimize any impact caused
Drawbridge Operation Regulation; by the temporary deviation.
Docket Folder on the line associated
Cerritos Channel, Long Beach, CA In accordance with 33 CFR 117.35(e),
with this deviation.
FOR FURTHER INFORMATION CONTACT: If AGENCY: Coast Guard, DHS. the drawbridge must return to its regular
you have questions on this temporary ACTION:Notice of deviation from operating schedule immediately at the
deviation, call or email James L. drawbridge regulation. end of the effective period of this
Rousseau, Senior Bridge Management temporary deviation. This deviation
Specialist, First District Bridge Branch, SUMMARY: The Coast Guard has issued a from the operating regulations is
U.S. Coast Guard; telephone 617–223– temporary deviation from the operating authorized under 33 CFR 117.35.
8619, email james.l.rousseau2@ schedule that governs the Henry Ford Dated: May 22, 2017.
uscg.mil. Avenue railroad bridge across Cerritos
C.T. Hausner,
Channel, mile 4.8 at Long Beach, CA.
SUPPLEMENTARY INFORMATION: The owner District Bridge Chief, Eleventh Coast Guard
The deviation is necessary to allow the
of the bridge, the Massachusetts District.
bridge owner to replace the operating
Department of Transportation, requested machinery of the bridge. This deviation [FR Doc. 2017–10854 Filed 5–25–17; 8:45 am]
a temporary deviation from the normal allows the bridge to remain in the BILLING CODE 9110–04–P
operating schedule to facilitate a road closed-to-navigation position during the
race. The Granite Avenue Bridge, mile deviation period.
2.5, across Neponset River, has a DEPARTMENT OF COMMERCE
DATES: This deviation is effective from
vertical clearance of 6 feet at mean high
6:30 p.m. on May 27, 2017 to 6:30 p.m. Patent and Trademark Office
water and 16 feet at mean low water in
on June 10, 2017.
the closed position. The existing
ADDRESSES: The docket for this 37 CFR Part 1
drawbridge operating regulations are
listed at 33 CFR 117.611. deviation, [USCG–2017–0462], is
available at http://www.regulations.gov. [Docket No.: PTO–P–2017–0002]
The temporary deviation will allow
the Granite Avenue Bridge to remain Type the docket number in the RIN 0651–AD14
closed from 9:30 a.m. through 11:30 ‘‘SEARCH’’ box and click ‘‘SEARCH.’’
a.m. on June 18, 2017. The waterway is Click on Open Docket Folder on the line July 2017 Revision of Patent
used primarily by seasonal recreational associated with this deviation. Cooperation Treaty Procedures
vessels. Coordination with waterway FOR FURTHER INFORMATION CONTACT: If AGENCY: United States Patent and
users has indicated no objections to the you have questions on this temporary Trademark Office, Commerce.
mstockstill on DSK30JT082PROD with RULES
proposed short-term closure of the deviation, call or email Carl T. Hausner,
ACTION: Final rule.
draw. Chief, Bridge Section, Eleventh Coast
Vessels able to pass through the Guard District; telephone 510–437– SUMMARY: The United States Patent and
bridge in the closed positions may do so 3516; email Carl.T.Hausner@uscg.mil. Trademark Office (USPTO or Office) is
at anytime. The bridge will be able to SUPPLEMENTARY INFORMATION: The Port amending the rules of practice to
open for emergencies. There is no of Los Angeles has requested a implement certain amendments made to
alternate route for vessels to pass. temporary change to the operation of the the Regulations under the Patent
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accordance with amendments made to written authority granting the ISA Alternatively, the provisions of the
the PCT Regulations that will take effect access to such results. Section 1.453(c) Administrative Procedure Act requiring
on July 1, 2017. further provides that such written prior notice and opportunity for public
Section 1.453(a) implements the authority must be signed by an comment are inapplicable because this
provisions of new PCT Rule 23bis.1 by applicant in the international rulemaking involves a military or
providing that, where an applicant has application who is also an applicant in foreign affairs function of the United
requested in an international the application preserved in confidence States. See 5 U.S.C. 553(a)(1). The
application filed with the United States or by a person set forth in § 1.14(c) USPTO, in its capacity as an RO, is
Receiving Office (RO/US) pursuant to permitted to grant access to the required to perform all acts connected
PCT Rule 4.12 that an ISA take into application preserved in confidence. with the discharge of duties required of
account the results of an earlier search, The Office anticipates that the PCT an RO. See 35 U.S.C. 361. This final rule
the RO/US shall prepare and transmit to Request form (PCT/RO/101) will be adopts changes required to conform the
the ISA, as applicable, a copy of the revised to provide the option to include rules of practice for international
results of the earlier search and any written authority therein. The applications to the amendments to the
earlier classification as provided under provisions of § 1.453(c) will permit, PCT Regulations, which will become
PCT Rule 23bis.1. As discussed above, inter alia, an applicant in the effective on July 1, 2017. Thus, this final
the applicant driven mechanism of PCT international application to sign the rule is covered by the foreign affairs
Rule 23bis.1 differs from the current written authority (either directly or function exception of 5 U.S.C. 553(a)(1)
applicant driven PCT mechanism by through applicant’s representative and may be adopted without prior
further providing for the automatic (§ 1.455)), provided that applicant is notice and opportunity for public
transmittal by the RO to the ISA of a also an applicant in the application that comment. See Int’l Brotherhood of
copy of the results of any earlier is preserved in confidence. Teamsters v. Pena, 17 F.3d 1478, 1486
classification effected by the RO. Also, (D.C. Cir. 1994).
consistent with the USPTO’s current Rulemaking Considerations B. Regulatory Flexibility Act: As prior
practice as an ISA, the USPTO, in its A. Administrative Procedure Act: This notice and an opportunity for public
capacity as an RO, does not at the final rule implements changes made to comment are not required pursuant to 5
present time contemplate obtaining a the Regulations under the PCT and U.S.C. 553 or any other law, neither a
copy of the results of an earlier search involves changes to the rules of agency Regulatory Flexibility Act analysis nor a
pursuant to PCT Rule 23bis.1(a)(iii), for practice and procedure and/or certification under the Regulatory
example, from a digital library. interpretive rules. See Perez v. Mortg. Flexibility Act (5 U.S.C. 601 et seq.) is
Section 1.453(b) implements the Bankers Ass’n, 135 S. Ct. 1199, 1204 required. See 5 U.S.C. 603.
provisions of PCT Rule 23bis.2 by (2015) (Interpretive rules ‘‘advise the C. Executive Orders 12866 (Regulatory
providing that, where an international public of the agency’s construction of Planning and Review), 13563
application filed with the RO/US claims the statutes and rules which it (Improving Regulation and Regulatory
the priority of an earlier application administers.’’ (citation and internal Review), and 13771 (Reducing
filed with the USPTO in which the quotation marks omitted)); Nat’l Org. of Regulation and Controlling Regulatory
USPTO has carried out an earlier search Veterans’ Advocates v. Sec’y of Veterans Costs): This rulemaking has been
or has classified such earlier Affairs, 260 F.3d 1365, 1375 (Fed. Cir. determined to be not significant for
application, the RO/US shall prepare 2001) (Rule that clarifies interpretation purposes of Executive Order 12866
and transmit to the ISA a copy of the of a statute is interpretive.); Bachow (Sept. 30, 1993).
results of any such earlier search and Commc’ns Inc. v. FCC, 237 F.3d 683, The Office has complied with
earlier classification as provided under 690 (D.C. Cir. 2001) (Rules governing an Executive Order 13563. Specifically, the
PCT Rule 23bis.2. This automatic application process are procedural Office has, to the extent feasible and
process is triggered based on the under the Administrative Procedure applicable: (1) Made a reasoned
presence of a priority claim in the PCT Act.); Inova Alexandria Hosp. v. determination that the benefits justify
application to an application in which Shalala, 244 F.3d 342, 350 (4th Cir. the costs of the rule; (2) tailored the rule
the USPTO carried out an earlier search 2001) (Rules for handling appeals were to impose the least burden on society
or has classified the earlier application. procedural where they did not change consistent with obtaining the regulatory
The RO/US will not retrieve the the substantive standard for reviewing objectives; (3) selected a regulatory
results of an earlier search or earlier claims.). approach that maximizes net benefits;
classification conducted by an office Accordingly, prior notice and (4) specified performance objectives; (5)
other than the USPTO. Section 1.453(c), opportunity for public comment for the identified and assessed available
therefore, is limited to applications held changes in this rulemaking are not alternatives; (6) involved the public in
in confidence by the USPTO and is not required pursuant to 5 U.S.C. 553(b) or an open exchange of information and
directed to applications held in (c), or any other law. See Perez, 135 S. perspectives among experts in relevant
confidence by offices other than the Ct. at 1206 (Notice-and-comment disciplines, affected stakeholders in the
USPTO. In accordance with the procedures are required neither when private sector and the public as a whole,
requirements of 35 U.S.C. 122 and the an agency ‘‘issue[s] an initial and provided on-line access to the
aforementioned notification under PCT interpretive rule’’ nor ‘‘when it amends rulemaking docket; (7) attempted to
Rule 23bis.2(e) by the USPTO, § 1.453(a) or repeals that interpretive rule.’’); promote coordination, simplification,
and (b) are subject to the provisions of Cooper Techs. Co. v. Dudas, 536 F.3d and harmonization across government
§ 1.453(c), which provides that the RO/ 1330, 1336–37 (Fed. Cir. 2008) (stating agencies and identified goals designed
mstockstill on DSK30JT082PROD with RULES
US will not prepare a copy of the results that 5 U.S.C. 553, and thus 35 U.S.C. to promote innovation; (8) considered
of the earlier search or earlier 2(b)(2)(B), does not require notice and approaches that reduce burdens and
classification referred to in § 1.453(a) or comment rulemaking for ‘‘interpretative maintain flexibility and freedom of
(b) for transmittal to an ISA from an rules, general statements of policy, or choice for the public; and (9) ensured
application preserved in confidence by rules of agency organization, procedure, the objectivity of scientific and
the USPTO under § 1.14 unless the or practice’’ (quoting 5 U.S.C. technological information and
international application contains 553(b)(A))). processes.
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![Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations 24253
Authority access to such results. Written Atmospheric Administration (NOAA), 5,040 metric tons (mt), and 16,478 mt as
authority provided under this paragraph Commerce. established by the final 2017 and 2018
must be signed by: ACTION: Temporary rule; reallocation. harvest specifications for groundfish in
(1) An applicant in the international the BSAI (82 FR 11826; February 27,
application who is also an applicant in SUMMARY: NMFS is exchanging unused 2017). The 2017 rock sole and yellowfin
the application preserved in confidence; yellowfin sole Community Development
sole CDQ ABC reserves are 11,556 mt
or Quota (CDQ) for rock sole CDQ
and 11,428 mt as established by the
(2) A person set forth in § 1.14(c) acceptable biological catch (ABC)
reserves in the Bering Sea and Aleutian final 2017 and 2018 harvest
permitted to grant access to the
application preserved in confidence. Islands management area. This action is specifications for groundfish in the
necessary to allow the 2017 total BSAI (82 FR 11826; February 27, 2017).
Dated: May 22, 2017.
allowable catch of rock sole in the The Aleutian Pribilof Island
Michelle K. Lee,
Bering Sea and Aleutian Islands Community Development Association
Under Secretary of Commerce for Intellectual
Property and Director of the United States
management area to be harvested. has requested that NMFS exchange 700
Patent and Trademark Office. DATES: Effective May 26, 2017 through mt of yellowfin sole CDQ reserves for
[FR Doc. 2017–10870 Filed 5–25–17; 8:45 am] December 31, 2017. 700 mt of rock sole CDQ ABC reserves
BILLING CODE 3510–16–P FOR FURTHER INFORMATION CONTACT: under § 679.31(d). Therefore, in
Steve Whitney, 907–586–7228. accordance with § 679.31(d), NMFS
SUPPLEMENTARY INFORMATION: NMFS exchanges 700 mt of yellowfin sole CDQ
DEPARTMENT OF COMMERCE manages the groundfish fishery in the reserves for 700 mt of rock sole CDQ
Bering Sea and Aleutian Islands ABC reserves in the BSAI. This action
National Oceanic and Atmospheric management area (BSAI) according to also decreases and increases the TACs
Administration the Fishery Management Plan for and CDQ ABC reserves by the
Groundfish of the Bering Sea and corresponding amounts. Tables 11 and
50 CFR Part 679 Aleutian Islands Management Area 13 of the final 2017 and 2018 harvest
[Docket No. 161020985–7181–02] (FMP) prepared by the North Pacific specifications for groundfish in the
Fishery Management Council under BSAI (82 FR 11826; February 27, 2017),
RIN 0648–XF458 authority of the Magnuson-Stevens are revised as follows:
Fisheries of the Exclusive Economic Fishery Conservation and Management
Zone Off Alaska; Exchange of Flatfish Act. Regulations governing fishing by
in the Bering Sea and Aleutian Islands U.S. vessels in accordance with the FMP
Management Area appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
AGENCY: National Marine Fisheries The 2017 rock sole and yellowfin sole
Service (NMFS), National Oceanic and CDQ reserves specified in the BSAI are
TABLE 11—FINAL 2017 COMMUNITY DEVELOPMENT QUOTA (CDQ) RESERVES, INCIDENTAL CATCH AMOUNTS (ICAS), AND
AMENDMENT 80 ALLOCATIONS OF THE ALEUTIAN ISLANDS PACIFIC OCEAN PERCH, AND BSAI FLATHEAD SOLE, ROCK
SOLE, AND YELLOWFIN SOLE TACS
[Amounts are in metric tons]
Pacific ocean perch Flathead sole Rock sole Yellowfin sole
Sector Eastern Central Western
Aleutian Aleutian Aleutian BSAI BSAI BSAI
District District District
TAC .......................................................... 7,900 7,000 9,000 14,500 47,800 153,300
CDQ ......................................................... 845 749 963 1,552 5,740 15,778
ICA ........................................................... 100 60 10 4,000 5,000 4,500
BSAI trawl limited access ........................ 695 619 161 0 0 18,151
Amendment 80 ......................................... 6,259 5,572 7,866 8,949 37,060 114,871
Alaska Groundfish Cooperative ............... 3,319 2,954 4,171 918 9,168 45,638
Alaska Seafood Cooperative ................... 2,940 2,617 3,695 8,031 27,893 69,233
Note: Sector apportionments may not total precisely due to rounding.
TABLE 13—FINAL 2017 AND 2018 ABC SURPLUS, COMMUNITY DEVELOPMENT QUOTA (CDQ) ABC RESERVES, AND
AMENDMENT 80 ABC RESERVES IN THE BSAI FOR FLATHEAD SOLE, ROCK SOLE, AND YELLOWFIN SOLE
[Amounts are in metric tons]
2017 Flathead 2017 Rock 2017 Yellowfin 2018 Flathead 2018 Rock 2018 Yellowfin
Sector sole sole sole sole sole sole
mstockstill on DSK30JT082PROD with RULES
ABC .......................................................... 68,278 155,100 260,800 66,164 143,100 250,800
TAC .......................................................... 14,500 47,800 153,300 14,500 47,100 154,000
ABC surplus ............................................. 53,778 107,300 107,500 51,664 96,000 96,800
ABC reserve ............................................. 53,778 107,300 107,500 51,664 96,000 96,800
CDQ ABC reserve ................................... 5,754 10,856 12,128 5,528 10,272 10,358
Amendment 80 ABC reserve ................... 48,024 96,444 95,372 46,136 85,728 86,442
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Document Created: 2017-05-26 02:23:53
Document Modified: 2017-05-26 02:23:53
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective date: This rule is effective July 1, 2017. | |
| Contact | Boris Milef, Senior Legal Examiner, International Patent Legal Administration, at (571) 272-3288. | |
| FR Citation | 82 FR 24249 | |
| RIN Number | 0651-AD14 | |
| CFR Associated | Administrative Practice and Procedure; Biologics; Courts; Freedom of Information Inventions and Patents; Reporting and Recordkeeping Requirements and Small Businesses |
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