[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Notices]
[Pages 14949-14950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6765]


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

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Patent Cooperation Treaty

ACTION: Proposed collection; comment request.

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

SUMMARY: The Department of Commerce (DOC), as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to comment on the continuing and 
proposed information collection, as required by the Paperwork Reduction 
Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before May 19, 2000.

ADDRESSES: Direct all written comments to Linda Engelmeier, 
Departmental Forms Clearance Officer, Department of Commerce, Room 
5027, 14th and Constitution Avenue, NW, Washington, D.C. 20230 or via 
the Internet (LE[email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Rafael Bacares by telephone at 
(703) 308-6312, by facsimile transmission at (703) 308-6459, or by e-
mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    This collection of information is required by the provisions of the 
Patent Cooperation Treaty (PCT), a United Nations Treaty that was 
signed on June 19, 1970 by the 20 member states of the Paris Union for 
the Protection of Industrial Property (of which the United States is a 
member). The general purpose of the PCT is to simplify the filing of 
patent applications for the same invention in different countries. This 
treaty standardizes the filing procedures and the format of the 
application, and enables an applicant to file one international 
application in one location, in one language and pay one initial set of 
fees. The international application receives an international filing 
date (priority date) that is considered to be the actual filing date in 
the various designated countries. The PCT has streamlined the filing 
process and made it more efficient. The PCT became operational in June 
of 1978, and is administered by the World Intellectual Property 
Organization (WIPO) in Geneva, Switzerland.
    The United States Patent and Trademark Office (PTO) acts in the 
capacity of the United States Receiving Office (RO/US) for 
international applications filed by residents and nationals of the 
United States. While applicants send most of their correspondence 
directly to the PTO, they also can file certain documents directly with 
the International Bureau (IB). The PTO also serves in the capacity of 
an International Searching Authority (ISA) and an International 
Preliminary Examining Authority (IPEA).
    The PCT allows for the introduction of electronic filing of the 
international application, as long as the confidentiality requirements 
are met. The PTO currently has various electronic filing efforts 
underway. One of these, the Patent Cooperation Treaty (PCT) Operations 
Workflow and Electronic Review (POWER), will allow for the electronic 
filing of international applications. POWER is being implemented in two 
phases. Phase I, which the PTO released in October 1999, allows the PTO 
to electronically process international applications. The second phase 
of POWER, currently in development, will allow applicants to file their 
international applications electronically. The PTO estimates that Phase 
II will be released in late FY 2000.

II. Method of Collection

    The current method of collection of the PCT application by the PTO 
is either by mail or hand delivery. Follow-up communications (e.g. 
amendments, petitions, etc.), except for drawings, may, in addition to 
the above methods, be transmitted to the PTO by facsimile.

[[Page 14950]]

III. Data

    OMB Number: 0651-0021.
    Form Numbers: Form PCT/RO/101, Form PCT/RO/101 (Annex), PTO/1382, 
Form PCT/Model of power of attorney, Form PCT/Model of general power of 
attorney, Form PCT/RO/134, Form PCT/RO/144, Form PCT/IPEA/401, Form 
PCT/IPEA/401 (Annex), and Form PCT/IB/328. Not all of the information 
required by this collection is collected from the public by using 
forms. It is not mandatory that an applicant use these forms to provide 
the PTO with the necessary information. However, the PTO advises 
applicants to use these forms to ensure that all of the necessary 
information is provided and to assist the PTO in processing the 
international applications quickly and efficiently.
    Type of Review: Renewal with change.
    Affected Public: Individuals or households, business or other for-
profit organizations; not-for-profit institutions, farms, Federal 
Government, and state, local, or tribal government.
    Estimated Number of Respondents: 467,103 responses per year. Of 
this total, 48,149 responses are due to additional requirements 
overlooked in previous submissions. The PTO estimates that 29,367 
requests to the IB to transmit copies of an international application; 
3,305 withdrawals of internal applications, designations of the state, 
demands, election, and priority claims; 522 requests/authorizations to 
access international applications; and 14,955 translations will be 
submitted per year.
    Estimated Time Per Response: The PTO estimates that it will take 
the public from 15 minutes to 4 hours to gather the information 
required by this information collection. In addition, the PTO estimates 
that it will take the public from 15 minutes to 2 hours to provide the 
information for the information requirements overlooked in the previous 
submissions. The time estimates for the forms include the amount of 
time that the PTO estimates that it will take an applicant to read and 
understand the instructions, gather the necessary information, complete 
the forms, prepare the necessary attachments, and submit the forms to 
the PTO.
    Estimated Total Annual Burden Hours: 467,103 hours per year.
    Estimated Total Annual Cost Burden: $0 (no capital start-up or 
maintenance expenditures are required). Using the professional hourly 
rate of $175.00 for associate attorneys in private firms, the PTO 
estimates $81,743,025 for salary costs associated with respondents.

----------------------------------------------------------------------------------------------------------------
                                                                            Estimated    Estimated
                                                                             time for      annual     Estimated
                   Item                            PTO form number           response      burden       annual
                                                                             (hours)       hours      responses
----------------------------------------------------------------------------------------------------------------
Request and Fee Calculation...............  PCT/RO/101...................            1       30,305       30,305
Description/claims/drawings/ abstracts....  Not Applicable...............            3       91,000      273,000
Transmittal letter to the RO/US...........  PTO/1382.....................         0.25       21,214        5,304
PCT/Model of Power of Attorney............  Same as Title................         0.25       20,000        5,000
PCT/Model of General Power of Attorney....  Same as Title................         0.25        2,729          682
Extensions of time........................  Not Applicable...............         0.25       24,244        6,061
Priority documents........................  Not Applic able..............         0.25       45,000       11,250
Indications/deposited microorganisms......  PCT/RO/134...................         0.25          303           76
Response to invitation to correct defects.  Not Applicable...............            2       91,000      182,000
Request for rectification of obvious        Not Applicable...............          0.5        2,174        1,087
 errors.
Notice/confirmation/precautionary           PCT/RO/144...................         0.25        3,305          826
 designations.
Demand (Annex and Notes)..................  PCT/IPEA/40/1................            1       14,151       14,151
Amendments................................  Not Applicable...............            1       12,028       12,028
Notice Effecting Later Elections..........  PCT/IB/328...................         0.25       47,621       11,905
Fee Authorization.........................  Not Applicable...............         0.25       12,122        3,031
Petitions.................................  Not Applicable...............            4        1,758        7,032
Requests to transmit copies of              Not Applicable...............         0.25       29,367        7,342
 international application.
Withdrawal of international application/    Not Applicable...............         0.25        3,305          826
 designations of the state/demands/
 elections/priority claims.
Request/authorization to access             Not Applicable...............         0.25          522          131
 international application.
Translations..............................  Not Applicable...............            2       14,955       29,910
                                           ---------------------------------------------------------------------
    TOTALS................................  .............................  ...........      467,103      601,947
----------------------------------------------------------------------------------------------------------------

IV. Request for Comments

    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 will 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.
    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.

    Dated: March 14, 2000.
Madeleine Clayton,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 00-6765 Filed 3-17-00; 8:45 am]
BILLING CODE 3510-16-P