83 FR 6532 - Patent Prosecution Highway Program
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 83, Issue 31 (February 14, 2018)
Patent and Trademark Office
Federal Register Volume 83, Issue 31 (February 14, 2018)
| Page Range | 6532-6533 | |
| FR Document | 2018-02988 |
[Federal Register Volume 83, Number 31 (Wednesday, February 14, 2018)] [Notices] [Pages 6532-6533] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02988] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office Patent Prosecution Highway Program ACTION: Proposed collection; comment request. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), invites comments on a proposed extension of an existing information collection: 0651-0058 (Patent Prosecution Highway (PPH) Program). DATES: Written comments must be submitted on or before April 16, 2018. ADDRESSES: You may submit comments by any of the following methods:Email: [email protected]. Include ``0651- 0058 comment'' in the subject line of the message. Federal Rulemaking Portal: http://www.regulations.gov. Mail: Marcie Lovett, Director, Records and Information Governance Division, Office of the Chief Technology Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email to [email protected]. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' SUPPLEMENTARY INFORMATION: I. Abstract The Patent Prosecution Highway (PPH) is a framework in which an application whose claims have been determined to be patentable by an Office of Earlier Examination (OEE) is eligible to go through an accelerated examination in an Office of Later Examination with a simple procedure upon an applicant's request. By leveraging the search and examination work product of the OEE, PPH programs (1) deliver lower prosecution costs, (2) support applicants in their efforts to obtain stable patent rights efficiently around the world, and (3) reduce the search and examination burden, while improving the examination quality, of participating patent offices. Originally, the PPH programs were limited to the utilization of search and examination results of national applications between cross filings under the Paris Convention. Later, the potential of the PPH was greatly expanded by Patent Cooperation Treaty-Patent Prosecution Highway (PCT-PPH) programs, which permitted participating patent offices to draw upon the positive results of the PCT work product from another participating office. The PCT-PPH programs used international written opinions and international preliminary examination reports developed within the framework of the PCT, thereby making the PPH available to a larger number of applicants. Information collected for the PCT is approved under OMB control number 0651-0021. In 2014, the USPTO and several other offices acted to consolidate and replace existing PPH and PCT-PPH programs, with the goal of streamlining the PPH process for both offices and applicants. To that end, the USPTO and other offices established the Global PPH pilot program and the IP5 PPH pilot program. The Global PPH and IP5 PPH pilot programs are running concurrently and are substantially identical, differing only with regard to their respective participating offices. The USPTO is participating in both the Global PPH pilot program and the IP5 PPH pilot program. For USPTO applications, the Global PPH and IP5 PPH pilot programs supersede any prior PPH program between the USPTO and each Global PPH and IP5 PPH participating office. Any existing PPH programs between the USPTO and offices that are not participating in either the Global PPH pilot program or the IP5 PPH pilot program remain in effect. Regardless of the pilot program used, the Global PPH pilot program, the IP5 PPH pilot program, and the other existing PPH programs, all provide pathways for patent applications to receive the benefits of coordinated patent review across intellectual property offices. The information gathered in this collection is integral to the PPH programs that USPTO participates in by identifying patent applications being [[Page 6533]] filed at multiple intellectual property offices across the globe, including at the USPTO. This includes declaring the OEE with whom the application has been filed, identifying information for the application at the OEE, and providing the necessary supporting documentation for the application. The forms also identify the correspondence between the claims being made at the USPTO with claims filed in the OEE and an explanation for that correspondence. The ten forms used to gather the information described above are: The Global Form (PTO/SB/20GLBL) and nine individual country forms allowing participants to file in a U.S. application to request to make the U.S. applicants special under a PPH or PCT-PPH program. The thirty- four forms in this collection that previously operated under individual countries' Requests for Participation are being removed as they have been consolidated under the Global Form (PTO/SB/20GLBL). For more complete information on the PPH, including (1) a complete identification of participating countries and offices and the programs under which each country's patent office is participating, (2) the forms needed to request entry into the PPH, both at the USPTO and other participating offices, and (3) information as to which of the PPH program remain pilots and which have been made permanent, please visit http://www.uspto.gov/patents/init_events/pph/index.jsp. II. Method of Collection Requests to participate in the PPH program must be submitted online under EFS-Web, the USPTO's web-based electronic filing system. III. Data OMB Number: 0651-0058. IC Instruments and Forms: PTO/SB/20GLBL, PTO/SB/20AR, PTO/SB/20BR, PTO/SB/20CZ, PTO/SB/20EA, PTO/SB/20MX, PTO/SB/20NI, PTO/SB/20PH, PTO/ SB/20RO, and PTO/SB/20TW. Type of Review: Revision of a currently approved collection. Affected Public: Individuals or households; business or other for- profits; and not-for-profit institutions. Estimated Number of Respondents: 8,110 responses per year. Estimated Time per Response: The USPTO estimates that it will take the public approximately two hours to gather the necessary information, prepare the appropriate form, and submit a completed request to the USPTO. Estimated Total Annual Respondent Burden Hours: 16,200 hours. Estimated Total Annual Respondent Cost Burden: $7,104,360. The USPTO expects that the information in this collection will be prepared by attorney. The professional hourly rate for attorneys is $438. The rate is established by estimates in the 2017 Report on the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association. Using this hourly rate, the USPTO estimates that the total respondent cost burden for this collection is $7,104,360 per year. -------------------------------------------------------------------------------------------------------------------------------------------------------- Respondent cost IC No. Item Response time (hours) Responses Burden hours Rate burden; ........................... (a).................................. (b) (c) = (a) x (b) (d) (e) = (c) x (d) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1................... Request for Participation 2 (120 minutes)...................... 8,000 16,000 $438.00 $7,008,000.00 in the Global/IP5 PPH Pilot Program in the USPTO (PTO/SB/20GLBL). 2................... National Institute of 2 (120 minutes)...................... 10 20 438.00 8,760.00 Industrial Property of Argentina (INPI-Argentina (PTO/SB/20AR). 3................... Instituto Nacional da 2 (120 minutes)...................... 10 20 438.00 8,760.00 Propriedade Industrial (Brazil) (INPI) (PTO/SB/ 20BR). 4................... Industrial Property Office 2 (120 minutes)...................... 10 20 438.00 8,760.00 of the Czech Republic (IPOCZ) (PTO/SB/20CZ). 5................... Eurasian Patent Office of 2 (120 minutes)...................... 10 20 438.00 8,760.00 the Eurasian Patent Organization (EAPO) (PTO/ SB/20EA). 6................... Mexican Institute of 2 (120 minutes)...................... 10 20 438.00 8,760.00 Industrial Property (TMPI) (PTO/SB/20MX). 7................... Nicaraguan Registry of 2 (120 minutes)...................... 10 20 438.00 8,760.00 Intellectual Property (NRIP) (PTO/SB/20NI). 8................... Intellectual Property 2 (120 minutes)...................... 10 20 438.00 8,760.00 Office of the Philippines (IPOPH) (PTO/SB/20PH). 9................... Romanian State Office of 2 (120 minutes)...................... 10 20 438.00 8,760.00 Inventions and Trademarks (OSIM) (PTO/SB/20RO). 10.................. Taiwan Intellectual 2 (120 minutes)...................... 30 60 438.00 26,280.00 Property Office (TIPO) (PTO/SB/20TW). ------------------------------------------------------------------------------------------------------ Totals.............. ........................... ..................................... 8,110 16,220 ........... 7,104,360.00 -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated Total Annual Non-hour Respondent Cost Burden: $0. There are no capital start-up, maintenance, or postage costs associated with this collection. This collection also has no filing fees or recordkeeping costs. IV. Request for Comments Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they also will become a matter of public record. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) The accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology. Marcie Lovett, Records and Information Governance Division Director, OCTO, United States Patent and Trademark Office. [FR Doc. 2018-02988 Filed 2-13-18; 8:45 am] BILLING CODE 3510-16-P
![6532 Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices
• TTS is expected to affect only a seals incidental to the ICEX18 examination in an Office of Later
limited number of animals; submarine test and training activities in Examination with a simple procedure
• There will be no loss or the Beaufort Sea and Arctic Ocean, upon an applicant’s request. By
modification of ringed seal habitat and provided the previously described leveraging the search and examination
minimal, temporary impacts on prey; mitigation, monitoring and reporting work product of the OEE, PPH programs
• Physical impacts to ringed seal requirements are incorporated. (1) deliver lower prosecution costs, (2)
subnivean lairs will be avoided; and Dated: February 8, 2018. support applicants in their efforts to
• Mitigation requirements for ice obtain stable patent rights efficiently
camp activities would minimize Donna S. Wieting,
around the world, and (3) reduce the
impacts to animals during the pupping Director, Office of Protected Resources,
search and examination burden, while
season. National Marine Fisheries Service.
improving the examination quality, of
Based on the analysis contained [FR Doc. 2018–03080 Filed 2–13–18; 8:45 am]
participating patent offices.
herein of the likely effects of the BILLING CODE 3510–22–P Originally, the PPH programs were
specified activity on marine mammals limited to the utilization of search and
and their habitat, and taking into examination results of national
consideration the implementation of the DEPARTMENT OF COMMERCE applications between cross filings under
planned monitoring and mitigation the Paris Convention. Later, the
Patent and Trademark Office
measures, NMFS finds that the total potential of the PPH was greatly
marine mammal take from the planned Patent Prosecution Highway Program expanded by Patent Cooperation Treaty-
activity will have a negligible impact on Patent Prosecution Highway (PCT–PPH)
all affected marine mammal species or ACTION: Proposed collection; comment programs, which permitted participating
stocks. request. patent offices to draw upon the positive
results of the PCT work product from
Unmitigable Adverse Impact Analysis SUMMARY: The United States Patent and another participating office. The PCT–
and Determination Trademark Office (USPTO), as required PPH programs used international
Impacts to subsistence uses of marine by the Paperwork Reduction Act of 1995 written opinions and international
mammals resulting from the planned (44 U.S.C. 3506(c)(2)(A)), invites preliminary examination reports
action are not anticipated. The planned comments on a proposed extension of developed within the framework of the
action would occur outside of the an existing information collection: PCT, thereby making the PPH available
primary subsistence use season (i.e. 0651–0058 (Patent Prosecution Highway to a larger number of applicants.
summer months), and the study area is (PPH) Program). Information collected for the PCT is
100–200 nmi seaward of known DATES: Written comments must be approved under OMB control number
subsistence use areas. Harvest locations submitted on or before April 16, 2018. 0651–0021.
for ringed seals extend up to 80 nmi ADDRESSES: You may submit comments
In 2014, the USPTO and several other
from shore during the summer months by any of the following methods: offices acted to consolidate and replace
while winter harvest of ringed seals • Email: InformationCollection@ existing PPH and PCT–PPH programs,
typically occurs closer to shore. Based uspto.gov. Include ‘‘0651–0058 with the goal of streamlining the PPH
on this information, NMFS has comment’’ in the subject line of the process for both offices and applicants.
determined that there will not be an message. To that end, the USPTO and other
unmitigable adverse impact on • Federal Rulemaking Portal: http:// offices established the Global PPH pilot
subsistence uses from the Navy’s www.regulations.gov. program and the IP5 PPH pilot program.
planned activities. • Mail: Marcie Lovett, Director, The Global PPH and IP5 PPH pilot
programs are running concurrently and
Endangered Species Act (ESA) Records and Information Governance
are substantially identical, differing
Division, Office of the Chief Technology
Section 7(a)(2) of the ESA of 1973 (16 only with regard to their respective
Officer, United States Patent and
U.S.C. 1531 et seq.) requires that each participating offices. The USPTO is
Trademark Office, P.O. Box 1450,
Federal agency insure that any action it participating in both the Global PPH
Alexandria, VA 22313–1450.
authorizes, funds, or carries out is not pilot program and the IP5 PPH pilot
likely to jeopardize the continued FOR FURTHER INFORMATION CONTACT: program. For USPTO applications, the
existence of any endangered or Requests for additional information Global PPH and IP5 PPH pilot programs
threatened species or result in the should be directed to Raul Tamayo, supersede any prior PPH program
destruction or adverse modification of Senior Legal Advisor, Office of Patent between the USPTO and each Global
designated critical habitat. To ensure Legal Administration, United States PPH and IP5 PPH participating office.
ESA compliance for the issuance of Patent and Trademark Office, P.O. Box Any existing PPH programs between the
IHAs, NMFS consults internally with 1450, Alexandria, VA 22313–1450; by USPTO and offices that are not
our ESA Interagency Cooperation telephone at 571–272–7728; or by email participating in either the Global PPH
Division whenever we propose to to Raul.Tamayo@upsto.gov. Additional pilot program or the IP5 PPH pilot
authorize take for endangered or information about this collection is also program remain in effect. Regardless of
threatened species. available at http://www.reginfo.gov the pilot program used, the Global PPH
No incidental take of ESA-listed under ‘‘Information Collection Review.’’ pilot program, the IP5 PPH pilot
species is authorized or expected to SUPPLEMENTARY INFORMATION: program, and the other existing PPH
result from this activity. Therefore, programs, all provide pathways for
daltland on DSKBBV9HB2PROD with NOTICES
I. Abstract
NMFS has determined that consultation patent applications to receive the
under section 7 of the ESA is not The Patent Prosecution Highway benefits of coordinated patent review
required for this action. (PPH) is a framework in which an across intellectual property offices.
application whose claims have been The information gathered in this
Authorization determined to be patentable by an Office collection is integral to the PPH
NMFS has issued an IHA to the Navy of Earlier Examination (OEE) is eligible programs that USPTO participates in by
for the potential harassment of ringed to go through an accelerated identifying patent applications being
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6563/page/1.svg)
![Federal Register / Vol. 83, No. 31 / Wednesday, February 14, 2018 / Notices 6533
filed at multiple intellectual property identification of participating countries Affected Public: Individuals or
offices across the globe, including at the and offices and the programs under households; business or other for-
USPTO. This includes declaring the which each country’s patent office is profits; and not-for-profit institutions.
OEE with whom the application has participating, (2) the forms needed to Estimated Number of Respondents:
been filed, identifying information for request entry into the PPH, both at the 8,110 responses per year.
the application at the OEE, and USPTO and other participating offices, Estimated Time per Response: The
providing the necessary supporting and (3) information as to which of the USPTO estimates that it will take the
documentation for the application. The PPH program remain pilots and which public approximately two hours to
forms also identify the correspondence have been made permanent, please visit gather the necessary information,
between the claims being made at the http://www.uspto.gov/patents/init_ prepare the appropriate form, and
USPTO with claims filed in the OEE events/pph/index.jsp. submit a completed request to the
and an explanation for that USPTO.
II. Method of Collection
correspondence. Estimated Total Annual Respondent
The ten forms used to gather the Requests to participate in the PPH Burden Hours: 16,200 hours.
information described above are: The program must be submitted online Estimated Total Annual Respondent
Global Form (PTO/SB/20GLBL) and under EFS-Web, the USPTO’s web- Cost Burden: $7,104,360. The USPTO
nine individual country forms allowing based electronic filing system. expects that the information in this
participants to file in a U.S. application collection will be prepared by attorney.
to request to make the U.S. applicants III. Data The professional hourly rate for
special under a PPH or PCT–PPH OMB Number: 0651–0058. attorneys is $438. The rate is established
program. The thirty-four forms in this by estimates in the 2017 Report on the
collection that previously operated IC Instruments and Forms: PTO/SB/ Economic Survey, published by the
under individual countries’ Requests for 20GLBL, PTO/SB/20AR, PTO/SB/20BR, Committee on Economics of Legal
Participation are being removed as they PTO/SB/20CZ, PTO/SB/20EA, PTO/SB/ Practice of the American Intellectual
have been consolidated under the 20MX, PTO/SB/20NI, PTO/SB/20PH, Property Law Association. Using this
Global Form (PTO/SB/20GLBL). PTO/SB/20RO, and PTO/SB/20TW. hourly rate, the USPTO estimates that
For more complete information on the Type of Review: Revision of a the total respondent cost burden for this
PPH, including (1) a complete currently approved collection. collection is $7,104,360 per year.
Response time Respondent cost
IC No. Item Responses Burden hours Rate
(hours) burden;
(a) (b) (c) = (a) × (b) (d) (e) = (c) × (d)
1 ......... Request for Participation in the Global/IP5 PPH Pilot 2 (120 minutes) .............. 8,000 16,000 $438.00 $7,008,000.00
Program in the USPTO (PTO/SB/20GLBL).
2 ......... National Institute of Industrial Property of Argentina 2 (120 minutes) .............. 10 20 438.00 8,760.00
(INPI-Argentina (PTO/SB/20AR).
3 ......... Instituto Nacional da Propriedade Industrial (Brazil) 2 (120 minutes) .............. 10 20 438.00 8,760.00
(INPI) (PTO/SB/20BR).
4 ......... Industrial Property Office of the Czech Republic 2 (120 minutes) .............. 10 20 438.00 8,760.00
(IPOCZ) (PTO/SB/20CZ).
5 ......... Eurasian Patent Office of the Eurasian Patent Organi- 2 (120 minutes) .............. 10 20 438.00 8,760.00
zation (EAPO) (PTO/SB/20EA).
6 ......... Mexican Institute of Industrial Property (TMPI) (PTO/ 2 (120 minutes) .............. 10 20 438.00 8,760.00
SB/20MX).
7 ......... Nicaraguan Registry of Intellectual Property (NRIP) 2 (120 minutes) .............. 10 20 438.00 8,760.00
(PTO/SB/20NI).
8 ......... Intellectual Property Office of the Philippines (IPOPH) 2 (120 minutes) .............. 10 20 438.00 8,760.00
(PTO/SB/20PH).
9 ......... Romanian State Office of Inventions and Trademarks 2 (120 minutes) .............. 10 20 438.00 8,760.00
(OSIM) (PTO/SB/20RO).
10 ....... Taiwan Intellectual Property Office (TIPO) (PTO/SB/ 2 (120 minutes) .............. 30 60 438.00 26,280.00
20TW).
Totals .......................................................................................... ......................................... 8,110 16,220 .................... 7,104,360.00
Estimated Total Annual Non-hour (a) Whether the proposed collection of collection techniques or other forms of
Respondent Cost Burden: $0. There are information is necessary for the proper information technology.
no capital start-up, maintenance, or performance of the functions of the
agency, including whether the Marcie Lovett,
postage costs associated with this
collection. This collection also has no information shall have practical utility; Records and Information Governance
Division Director, OCTO, United States Patent
filing fees or recordkeeping costs. (b) The accuracy of the agency’s and Trademark Office.
IV. Request for Comments estimate of the burden (including hours
[FR Doc. 2018–02988 Filed 2–13–18; 8:45 am]
and cost) of the proposed collection of
BILLING CODE 3510–16–P
information;
daltland on DSKBBV9HB2PROD with NOTICES
Comments submitted in response to
this notice will be summarized or (c) Ways to enhance the quality,
included in the request for OMB utility, and clarity of the information to
approval of this information collection; be collected; and
they also will become a matter of public (d) Ways to minimize the burden of
record. the collection of information on
Comments are invited on: respondents, e.g., the use of automated
VerDate Sep<11>2014 22:07 Feb 13, 2018 Jkt 244001 PO 00000 Frm 00027 Fmt 4703 Sfmt 9990 E:\FR\FM\14FEN1.SGM 14FEN1](https://thefederalregister.org/doc/83_FR_6563/page/2.svg)
Document Created: 2018-02-14 03:59:26
Document Modified: 2018-02-14 03:59:26
| 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 | Proposed collection; comment request. | |
| Dates | Written comments must be submitted on or before April 16, 2018. | |
| Contact | Requests for additional information should be directed to Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email to [email protected] Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' | |
| FR Citation | 83 FR 6532 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR