82_FR_3766 82 FR 3758 - Request for Comments Regarding the Continuation of the Accelerated Examination Program [email protected] Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Pinchus Laufer, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet. The comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site at http://www.uspto.gov. Because comments will be available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments."> [email protected] Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Pinchus Laufer, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet. The comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site at http://www.uspto.gov. Because comments will be available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments." /> [email protected] Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Pinchus Laufer, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet. The comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site at http://www.uspto.gov. Because comments will be available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments." />

82 FR 3758 - Request for Comments Regarding the Continuation of the Accelerated Examination Program

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 82, Issue 8 (January 12, 2017)

Page Range3758-3759
FR Document2017-00568

The United States Patent and Trademark Office (USPTO) is requesting comments from its stakeholders on whether the accelerated examination program should be retained. In an August 16, 2016 notice updating the program to reflect changes in the law and examination practice, the USPTO indicated that the number of accelerated examination requests has been quite low. In particular, in each of the fiscal years 2012-2015, fewer than 250 applications were accepted into the accelerated examination program. Accordingly, the USPTO seeks feedback from its stakeholders on whether the accelerated examination program provides a sufficient benefit to the public to justify the cost of implementation. Comment Deadline: To be ensured of consideration, written comments must be received on or before March 13, 2017. No public hearing will be held. Addresses for Comments: Written comments should be sent by electronic mail addressed to [email protected] Comments may also be submitted by mail addressed to: Mail Stop Comments--Patents, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Pinchus Laufer, Senior Legal Advisor, Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy. Although comments may be submitted by mail, the USPTO prefers to receive comments via the Internet. The comments will be available for public inspection at the Office of the Commissioner for Patents, located in Madison East, Tenth Floor, 600 Dulany Street, Alexandria, Virginia, and will be available via the USPTO Internet Web site at http://www.uspto.gov. Because comments will be available for public inspection, information that is not desired to be made public, such as an address or phone number, should not be included in the comments.

Federal Register, Volume 82 Issue 8 (Thursday, January 12, 2017) 
[Federal Register Volume 82, Number 8 (Thursday, January 12, 2017)]
[Notices]
[Pages 3758-3759]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-00568]


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

DEPARTMENT OF COMMERCE

 Patent and Trademark Office

[Docket No. PTO-P-2016-0054]


Request for Comments Regarding the Continuation of the 
Accelerated Examination Program

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Request for comments.

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

SUMMARY: The United States Patent and Trademark Office (USPTO) is 
requesting comments from its stakeholders on whether the accelerated 
examination program should be retained. In an August 16, 2016 notice 
updating the program to reflect changes in the law and examination 
practice, the USPTO indicated that the number of accelerated 
examination requests has been quite low. In particular, in each of the 
fiscal years 2012-2015, fewer than 250 applications were accepted into 
the accelerated examination program. Accordingly, the USPTO seeks 
feedback from its stakeholders on whether the accelerated examination 
program provides a sufficient benefit to the public to justify the cost 
of implementation.
    Comment Deadline: To be ensured of consideration, written comments 
must be received on or before March 13, 2017. No public hearing will be 
held.
    Addresses for Comments: Written comments should be sent by 
electronic mail addressed to [email protected]. Comments may 
also be submitted by mail addressed to: Mail Stop Comments--Patents, 
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450, 
marked to the attention of Pinchus Laufer, Senior Legal Advisor, Office 
of Patent Legal Administration, Office of the Deputy Commissioner for 
Patent Examination Policy. Although comments may be submitted by mail, 
the USPTO prefers to receive comments via the Internet.
    The comments will be available for public inspection at the Office 
of the Commissioner for Patents, located in Madison East, Tenth Floor, 
600 Dulany Street, Alexandria, Virginia, and will be available via the 
USPTO Internet Web site at http://www.uspto.gov. Because comments will 
be available for public inspection, information that is not desired to 
be made public, such as an address or phone number, should not be 
included in the comments.

FOR FURTHER INFORMATION CONTACT: Pinchus M. Laufer, Senior Legal 
Advisor ((571) 272-7726) or Matthew Sked, Legal Advisor ((571) 272-
7627), Office of Patent Legal Administration, Office of the Deputy 
Commissioner for Patent Examination Policy.

SUPPLEMENTARY INFORMATION: In August 2006, the USPTO implemented the 
accelerated examination program under which an application will be 
advanced out of turn for examination if the applicant files a petition 
to make special with the appropriate showing. See Changes to Practice 
for Petitions in Patent Applications To Make Special and for 
Accelerated Examination, 71 FR 36323 (June 26, 2006). The program 
proved to be relatively popular as it was one of the few options an 
applicant had to expedite examination. The program was recently updated 
on August 16, 2016, to reflect changes in the law and examination 
practice. See Changes in Accelerated Examination Practice, 81 FR 54564 
(August 16, 2016).
    On September 26, 2011, the USPTO implemented the prioritized 
examination program (referred to as ``Track One''), provided for in the 
Leahy-Smith America Invents Act (AIA). See Changes to Implement the 
Prioritized Examination Track (Track I) of the Enhanced Examination 
Timing Control Procedures under the Leahy-Smith America Invents Act, 76 
FR 59050 (September 23, 2011). Track One also provides the ability to 
advance an application out of turn, but without an applicant having to 
meet the requirements of the accelerated examination program, such as 
performing a pre-examination search. Under Track One, applicants simply 
pay

[[Page 3759]]

an additional fee. In each of the past few fiscal years since Track One 
was implemented (fiscal years 2012-2015), fewer than 250 applications 
have met the requirements to take advantage of the accelerated 
examination program. In contrast, Track One has become a much more 
popular program than accelerated examination in that the number of 
requests approaches 10,000 annually over this same time.
    Additionally, over this period, the overall first action pendency 
for newly filed applications has dropped incrementally each year. In 
particular, the overall first action pendency in fiscal year 2015 was 
approximately 17 months. A lower first action pendency and lower 
accelerated examination numbers seem to indicate that applicants have 
less need for as many programs that expedite patent examination.
    Due to the low usage of the accelerated examination program, the 
reduction in overall first action pendency, the popularity of the Track 
One program, and the inconvenience to practitioners and the USPTO of 
retaining a seemingly redundant program with its own special handling 
procedures (See MPEP 708.02(a)), it is unclear whether the accelerated 
examination program still provides a sufficient benefit to the public 
to justify the cost of implementation. Accordingly, the USPTO seeks 
comments from the public on whether the accelerated examination program 
should be retained or discontinued.

    Dated: January 9, 2017.
Michelle K. Lee,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2017-00568 Filed 1-11-17; 8:45 am]
 BILLING CODE 3510-16-P

3758 Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices to the requirements of the Paperwork to the Monterey Regional Water submitted by mail addressed to: Mail Reduction Act (PRA), 44 U.S.C. 3501 et Pollution Control Agency (MRWPCA) Stop Comments—Patents, seq., unless that collection of Pacific Ocean Outfall; 2015. Commissioner for Patents, P.O. Box 8. Jenkins Consulting Memo, Potential information displays a currently valid Impacts on Wave and Current Transport 1450, Alexandria, VA 22313–1450, Office of Management and Budget Processes Due to Infiltration Rates marked to the attention of Pinchus (OMB) control number. Applications for Induced by the South Orange Coastal Laufer, Senior Legal Advisor, Office of the special use permits discussed in this Ocean Desalination Project; 2010. Patent Legal Administration, Office of notice involve a collection-of 9. Chambers Group Memo: Pretreatment and the Deputy Commissioner for Patent information requirement subject to the Design Considerations for Large-Scale Examination Policy. Although requirements of the PRA. OMB has Seawater Facilities; 2010, online: http:// comments may be submitted by mail, www.mwdoc.com/cms2/ckfinder/files/ the USPTO prefers to receive comments approved this collection-of-information files/Evaluation%20of%20Potential requirement under OMB control number %20Impacts%20%20to%20Marine%20 via the Internet. 0648–0141. The collection-of- Life%20by%20Slant%20Wells%20- The comments will be available for information requirement applies to %20MLPA%20DEIR%20Comment public inspection at the Office of the persons seeking special use permits and %202010-10-13.pdf. Commissioner for Patents, located in is necessary to determine whether the 10. Bureau of Reclamation Report: Madison East, Tenth Floor, 600 Dulany proposed activities are consistent with Pretreatment and Design Considerations Street, Alexandria, Virginia, and will be the terms and conditions of special use for Large-Scale Seawater Facilities, available via the USPTO Internet Web permits prescribed by the NMSA. Public online: https://www.usbr.gov/research/ site at http://www.uspto.gov. Because AWT/reportpdfs/report137.pdf. reporting burden for this collection of 11. NOAA National Centers for comments will be available for public information is estimated to average Environmental Information Web site; inspection, information that is not twenty four (24) hours per response Table 1; online: https://www.ngdc. desired to be made public, such as an (application, annual report, and noaa.gov/mgg/global/etopo1_ocean_ address or phone number, should not be financial report), including the time for volumes.html. included in the comments. reviewing instructions, searching [FR Doc. 2017–00515 Filed 1–11–17; 8:45 am] FOR FURTHER INFORMATION CONTACT: existing data sources, gathering and BILLING CODE 3510–NK–P Pinchus M. Laufer, Senior Legal Advisor maintaining the data needed, and ((571) 272–7726) or Matthew Sked, completing and reviewing the collection Legal Advisor ((571) 272–7627), Office of information. This estimate does not DEPARTMENT OF COMMERCE of Patent Legal Administration, Office of include additional time that may be the Deputy Commissioner for Patent required should the applicant be Patent and Trademark Office Examination Policy. required to provide information to [Docket No. PTO–P–2016–0054] SUPPLEMENTARY INFORMATION: In August NOAA for the preparation of 2006, the USPTO implemented the documentation that may be required Request for Comments Regarding the accelerated examination program under under NEPA. Continuation of the Accelerated which an application will be advanced Authority: 16 U.S.C. 1431 et seq. Examination Program out of turn for examination if the Dated: January 3, 2017. AGENCY: United States Patent and applicant files a petition to make special John Armor, Trademark Office, Commerce. with the appropriate showing. See Changes to Practice for Petitions in Director, Office of National Marine ACTION: Request for comments. Sanctuaries. Patent Applications To Make Special SUMMARY: The United States Patent and and for Accelerated Examination, 71 FR References Trademark Office (USPTO) is requesting 36323 (June 26, 2006). The program 1. MBNMS Guidelines for Desalination comments from its stakeholders on proved to be relatively popular as it was Plants in the MBNMS; May 2010, online: whether the accelerated examination one of the few options an applicant had http://montereybay.noaa.gov/ program should be retained. In an to expedite examination. The program resourcepro/resmanissues/pdf/050610 August 16, 2016 notice updating the was recently updated on August 16, desal.pdf. program to reflect changes in the law 2016, to reflect changes in the law and 2. ONMS Fair Market Value Analysis for a examination practice. See Changes in Fiber Optic Cable Permit in National and examination practice, the USPTO Marine Sanctuaries, Aug 2002. indicated that the number of accelerated Accelerated Examination Practice, 81 3. NOAA Final Notice of Applicability of examination requests has been quite FR 54564 (August 16, 2016). Special Use Permit Requirements to low. In particular, in each of the fiscal On September 26, 2011, the USPTO Certain Categories of Activities years 2012–2015, fewer than 250 implemented the prioritized Conducted Within the National Marine applications were accepted into the examination program (referred to as Sanctuary System; May 2013, online: accelerated examination program. ‘‘Track One’’), provided for in the http://sanctuaries.noaa.gov/management Leahy-Smith America Invents Act /fr/78fr25957.pdf. Accordingly, the USPTO seeks feedback from its stakeholders on whether the (AIA). See Changes to Implement the 4. Moss Landing Marine Lab, Ecological Effects of the Moss Landing Powerplant accelerated examination program Prioritized Examination Track (Track I) Thermal Discharge; June 2006. provides a sufficient benefit to the of the Enhanced Examination Timing 5. Ballard Marine Construction report public to justify the cost of Control Procedures under the Leahy- prepared for Monterey Regional Water implementation. Smith America Invents Act, 76 FR Pollution Control Agency; 2014. Comment Deadline: To be ensured of 59050 (September 23, 2011). Track One mstockstill on DSK3G9T082PROD with NOTICES 6. Geoscience Technical Memo; South consideration, written comments must also provides the ability to advance an Orange Coastal Ocean Desalination application out of turn, but without an be received on or before March 13, 2017. Project—Vertical Infiltration Rate of Ocean Water Migrating Through the No public hearing will be held. applicant having to meet the Seafloor in the Vicinity of the Slant Well Addresses for Comments: Written requirements of the accelerated Intake System; 2010. comments should be sent by electronic examination program, such as 7. Geoscience NPDES Start-up Report: mail addressed to AEcomments2016@ performing a pre-examination search. Marina Slant Test Well Water Discharge uspto.gov. Comments may also be Under Track One, applicants simply pay VerDate Sep<11>2014 19:46 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1

Federal Register / Vol. 82, No. 8 / Thursday, January 12, 2017 / Notices 3759 an additional fee. In each of the past few supporting documentation, may be Agency: Corporation for National and fiscal years since Track One was obtained by calling the Corporation for Community Service. implemented (fiscal years 2012–2015), National and Community Service, Jill Title: Independent Living fewer than 250 applications have met Sears, at 202–606–7577 or email to Performance Measures Aggregation Tool the requirements to take advantage of jsears@cns.gov. Individuals who use a and Independent Living and Respite the accelerated examination program. In telecommunications device for the deaf Surveys. contrast, Track One has become a much (TTY–TDD) may call 1–800–833–3722 OMB Number: 3045–0152. more popular program than accelerated between 8:00 a.m. and 8:00 p.m. Eastern Agency Number: None. examination in that the number of Time, Monday through Friday. Affected Public: Senior Companion requests approaches 10,000 annually DATES: Comments may be submitted, Program grantees. over this same time. identified by the title of the information Total Respondents: 53,470. Additionally, over this period, the collection activity, by February 13, Frequency: Once. overall first action pendency for newly Average Time per Response: 30 2017. filed applications has dropped minutes. incrementally each year. In particular, ADDRESSES: Comments may be Estimated Total Burden Hours: 26,735 the overall first action pendency in submitted, identified by the title of the hours. fiscal year 2015 was approximately 17 information collection activity, to the Total Burden Cost (capital/startup): months. A lower first action pendency Office of Information and Regulatory None. and lower accelerated examination Affairs, Attn: Ms. Sharon Mar, OMB Total Burden Cost (operating/ numbers seem to indicate that Desk Officer for the Corporation for maintenance): None. applicants have less need for as many National and Community Service, by Dated: January 6, 2017. programs that expedite patent any of the following two methods Erin McGrath, examination. within 30 days from the date of Senior Corps Deputy Director. Due to the low usage of the publication in the Federal Register: (1) By fax to: 202–395–6974, [FR Doc. 2017–00569 Filed 1–11–17; 8:45 am] accelerated examination program, the reduction in overall first action Attention: Ms. Sharon Mar, OMB Desk BILLING CODE 6050–28–P pendency, the popularity of the Track Officer for the Corporation for National One program, and the inconvenience to and Community Service; or practitioners and the USPTO of (2) By email to: smar@omb.eop.gov. DEPARTMENT OF DEFENSE retaining a seemingly redundant SUPPLEMENTARY INFORMATION: The OMB is particularly interested in comments Defense Acquisition Regulations program with its own special handling which: System procedures (See MPEP 708.02(a)), it is unclear whether the accelerated • Evaluate whether the proposed Early Engagement Opportunity: examination program still provides a collection of information is necessary Implementation of National Defense sufficient benefit to the public to justify for the proper performance of the Authorization Act for Fiscal Year 2017 the cost of implementation. functions of CNCS, including whether Accordingly, the USPTO seeks the information will have practical AGENCY: Department of Defense (DoD). comments from the public on whether utility; ACTION: Notice. the accelerated examination program • Evaluate the accuracy of the should be retained or discontinued. agency’s estimate of the burden of the SUMMARY: DoD announces an early proposed collection of information, engagement opportunity regarding Dated: January 9, 2017. including the validity of the implementation of the National Defense Michelle K. Lee, Authorization Act for Fiscal Year 2017 methodology and assumptions used; Under Secretary of Commerce for Intellectual • Propose ways to enhance the within the acquisition regulations. Property and Director of the United States Patent and Trademark Office. quality, utility, and clarity of the DATES: Early inputs should be submitted information to be collected; and in writing to the address shown below [FR Doc. 2017–00568 Filed 1–11–17; 8:45 am] • Propose ways to minimize the on or before February 13, 2017. BILLING CODE 3510–16–P burden of the collection of information ADDRESSES: Submit early inputs via the on those who are to respond, including Defense Acquisition Regulations System through the use of appropriate (DARS) Web site at http:// CORPORATION FOR NATIONAL AND automated, electronic, mechanical, or www.acq.osd.mil/dpap/dars/ COMMUNITY SERVICE other technological collection index.html. techniques or other forms of information Information Collection; Submission for FOR FURTHER INFORMATION CONTACT: technology. OMB Review, Comment Request Send inquiries via email to Ms. Jennifer Comments Hawes at osd.dfars@mail.mil and AGENCY: Corporation for National and Community Service. A 60-day Notice requesting public reference ‘‘Early Engagement comment was published in the Federal Opportunity: Implementation of ACTION: Notice. Register on May 19, 2016 at 81 FR 97. National Defense Authorization Act for SUMMARY: The Corporation for National This comment period ended July 18, Fiscal Year 2017’’ in the subject line. and Community Service (CNCS) has 2016. No public comments were SUPPLEMENTARY INFORMATION: DoD is submitted a public information received from this Notice. providing an opportunity for the public mstockstill on DSK3G9T082PROD with NOTICES collection request (ICR) entitled Description: Senior Companion to provide early inputs on ‘‘Independent Living Performance Program grantees are required to use the implementation of the National Defense Measures Aggregation Tool’’ for review currently cleared surveys to solicit Authorization Act (NDAA) for Fiscal and approval in accordance with the outcome data from clients and Year (FY) 2017 within the acquisition Paperwork Reduction Act of 1995, caregivers served by Senior Companion regulations. The public is invited to Public Law 104–13, (44 U.S.C. Chapter volunteers. submit early inputs on sections of the 35). Copies of this ICR, with applicable Type of Review: Renewal. NDAA for FY 2017 via the DARS Web VerDate Sep<11>2014 18:28 Jan 11, 2017 Jkt 241001 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\12JAN1.SGM 12JAN1


Document Created: 2017-03-21 14:40:34
Document Modified: 2017-03-21 14:40:34
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.
ContactPinchus M. Laufer, Senior Legal Advisor ((571) 272-7726) or Matthew Sked, Legal Advisor ((571) 272- 7627), Office of Patent Legal Administration, Office of the Deputy Commissioner for Patent Examination Policy.
FR Citation82 FR 3758 
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