[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Notices]
[Pages 76401-76405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30822]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2010-0071]
Pilot Program for Extended Time Period To Reply to a Notice To
File Missing Parts of Nonprovisional Application
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (USPTO)
previously published a notice requesting comments on a proposed change
to missing parts practice in nonprovisional applications. The USPTO has
considered the comments and is implementing a pilot program (Extended
Missing Parts Pilot Program) in which an applicant can request a
twelve-month time period to pay certain fees and to reply to a Notice
to File Missing Parts of Nonprovisional Application. Under the Extended
Missing Parts Pilot Program, applicant must file a nonprovisional
application within twelve months of the filing date of a provisional
application and directly claim the benefit of the provisional
application, as well as submit a certification and request to
participate in the Extended Missing Parts Pilot Program with the
nonprovisional application. In addition, applicant must not file a
nonpublication request. Applicant will be given a twelve-month period
to decide whether the nonprovisional application should be completed by
paying the search fee, the examination fee, any excess claim fees, and
the surcharge ($130.00 for non-small entity or $65.00 for small entity)
for the late submission of the search fee and examination fee within
that twelve-month period. The nonprovisional application will be
published under the existing eighteen-month publication provisions.
Therefore, applicant should also submit the basic filing fee, an
executed oath or declaration, and application papers that are in
condition for publication, on filing of the application with the
request to participate in the pilot. If the basic filing fee, an
executed oath declaration, and/or application papers that are in
condition for publication are not submitted with the application and
the request to participate in the pilot, applicant will need to submit
these items within a two-month (extendable) time period. In view of the
comments, the USPTO is cautiously moving forward by implementing the
proposed procedure as a pilot program. Specifically, the pilot program
will require applicant to submit a certification and request to
participate in the pilot program, rather than automatically applying
the procedure to all applicants. The USPTO is providing a certification
and request form that includes educational information regarding
domestic benefit claims, foreign filings, patent term adjustment (PTA)
effects, the need for a complete disclosure of the invention, potential
increase in fees, and the benefits of submitting a complete set of
claims. In addition, the USPTO is implementing a number of educational
initiatives to assist independent inventors and other applicants. The
Extended Missing Parts Pilot Program will benefit applicants by
permitting additional time to determine if patent protection should be
sought--at a relatively low cost--and by permitting applicants to focus
efforts on commercialization during this period. The Extended Missing
Parts Pilot Program will benefit the USPTO and the public by adding
publications to the body of prior art, and by removing from the USPTO's
workload those nonprovisional applications for which applicants later
decide not to pursue examination. Applicants are advised that the
extended missing parts period does not affect the twelve-month priority
period provided by the Paris Convention for the Protection of
Industrial Property. Thus, any foreign filings must still be made
within twelve months of the filing date of the provisional application
if applicant wishes to rely on the provisional application in the
foreign-filed application or if protection is desired in a country
requiring filing within twelve months of the earliest application for
which rights are left outstanding in order to be entitled to priority.
DATES: Effective Date: December 8, 2010.
Duration: The Extended Missing Parts Pilot Program will run for
twelve months from its effective date. Therefore, any certification and
request to participate in the Extended Missing Parts Pilot Program must
be filed before December 8, 2011. The USPTO may extend the pilot
program (with or
[[Page 76402]]
without modifications) depending on the feedback received and the
effectiveness of the pilot program.
FOR FURTHER INFORMATION CONTACT: Eugenia A. Jones, Senior Legal
Advisor, Office of Patent Legal Administration, Office of the Associate
Commissioner for Patent Examination Policy, by telephone at (571) 272-
7727, or by mail addressed to: Mail Stop Comments--Patents,
Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450,
marked to the attention of Eugenia A. Jones.
Inquiries regarding this notice may be directed to the Office of
Patent Legal Administration, by telephone at (571) 272-7701, or by
electronic mail at [email protected].
SUPPLEMENTARY INFORMATION: The USPTO published a notice requesting
comments on a proposed change to missing parts practice in
nonprovisional applications. See Request for Comments on Proposed
Change to Missing Parts Practice, 75 FR 16750 (April 2, 2010), 1353
Off. Gaz. Pat. Office 223 (April 27, 2010). Specifically, the USPTO
requested comments on whether the missing parts practice should be
changed to provide applicants with an extended time period to reply to
a Notice to File Missing Parts requiring fees in a nonprovisional
application filed under 35 U.S.C. 111(a) that claims the benefit of a
provisional application and meets certain conditions. The request for
comments identified a number of potential benefits of such an extended
time period to reply to a missing parts notice, including increased use
of the eighteen-month publication system, more time for applicants to
ascertain the value of their inventions and focus on commercialization
efforts, and removal of applications from the USPTO's workload.
The USPTO received over forty comments from intellectual property
organizations, universities, industry, a law firm, individual patent
practitioners, and the general public. The USPTO acknowledges and
appreciates the many comments that were submitted from the intellectual
property community. The comments from those who will benefit from the
extended time period were generally positive. Many comments expressed
concerns over the potential for a loss of rights by some applicants,
such as independent inventors. The USPTO has considered the written
comments including those that raised concerns or provided suggestions.
The USPTO is implementing a change to missing parts practice in
nonprovisional applications as a pilot program (i.e., Extended Missing
Parts Pilot Program). The pilot program will allow the USPTO to proceed
with caution, while placing emphasis on awareness and education of the
public regarding the program. The USPTO will also be better able to
evaluate the effectiveness of the program and make modifications or
eliminate the program as deemed appropriate. Furthermore, those
applicants who do not wish to participate in the pilot program should
not be affected by the pilot program and do not need to change their
practices. The pilot program will require applicant to submit a
certification and request to participate in the pilot program, rather
than automatically applying the procedure to all applicants. The USPTO
is providing a certification and request form that includes educational
information regarding domestic benefit claims, foreign filings, patent
term adjustment (PTA) effects, the need for a complete disclosure of
the invention, potential increase in fees, and the benefits of
submitting a complete set of claims. In addition, the USPTO is
implementing a number of educational initiatives to assist independent
inventors and other applicants. Applicants who do not submit a request
to participate in the pilot program will continue to receive a Notice
to File Missing Parts of Nonprovisional Application that sets a two-
month (extendable) time period to reply to the notice in an application
that has been accorded a filing date but has items that are missing.
The USPTO cautions all applicants that, in order to claim the
benefit of a prior provisional application, the statute requires a
nonprovisional application filed under 35 U.S.C. 111(a) to be filed
within twelve months after the date on which the corresponding
provisional application was filed. See 35 U.S.C. 119(e). It is
essential that applicants understand that the Extended Missing Parts
Pilot Program cannot and does not change this statutory requirement.
It is noted that this notice merely describes agency policy and
procedures, and does not involve substantive rule making. While the
missing parts practice in nonprovisional applications is set forth to
some extent in 37 CFR 1.53(f), the rule does not set forth the specific
time period that must be given in the notice to applicant that certain
fees or an oath or declaration are required.
I. Requirements: In order for an applicant to be provided a twelve-
month (non-extendable) time period to pay the search and examination
fees and any required excess claims fees in response to a Notice to
File Missing Parts of Nonprovisional Application under the Extended
Missing Parts Pilot Program, the applicant must satisfy the following
conditions: (1) Applicant must submit a certification and request to
participate in the Extended Missing Parts Pilot Program with the
nonprovisional application on filing, preferably by using Form PTO/SB/
421 entitled ``Certification and Request for Extended Missing Parts
Pilot Program''; (2) the application must be an original nonprovisional
utility or plant application filed under 35 U.S.C. 111(a) within the
duration of the pilot program; (3) the nonprovisional application must
directly claim the benefit under 35 U.S.C. 119(e) and 37 CFR 1.78 of a
prior provisional application filed within the previous twelve months;
the specific reference to the provisional application must be in the
first sentence(s) of the specification following the title or in an
application data sheet under 37 CFR 1.76 (see 37 CFR 1.78(a)(5)); and
(4) applicant must not have filed a nonpublication request.
As required for all nonprovisional applications, applicant will
need to satisfy filing date requirements and publication requirements.
In accordance with 35 U.S.C. 122(b), the USPTO will publish the
application promptly after the expiration of eighteen months from the
earliest filing date to which benefit is sought. Therefore, the
nonprovisional application should also be in condition for publication
as provided in 37 CFR 1.211(c). The following are required in order for
the nonprovisional application to be in condition for publication: (1)
The basic filing fee; (2) an executed oath or declaration in compliance
with 37 CFR 1.63; (3) a specification in compliance with 37 CFR 1.52;
(4) an abstract in compliance with 37 CFR 1.72(b); (5) drawings in
compliance with 37 CFR 1.84 (if applicable); (6) any application size
fee required under 37 CFR 1.16(s); (7) any English translation required
by 37 CFR 1.52(d); and (8) a sequence listing in compliance with 37 CFR
1.821-1.825 (if applicable). The USPTO also requires any petition under
37 CFR 1.47 to be granted, any compact disc requirements to be
satisfied, and an English translation of the provisional application to
be filed in the provisional application if the provisional application
was filed in a non-English language and a translation has not yet been
filed. If the requirements for publication are not met, applicant will
need to satisfy the publication requirements within a two-month
extendable time period as discussed in section II of this notice.
[[Page 76403]]
As noted above, applicants should request participation in the
Extended Missing Parts Pilot Program by using Form PTO/SB/421. For
utility patent applications, applicant may file the application and the
certification and request electronically using the USPTO electronic
filing system, EFS-Web, and selecting the document description of
``Certification and Request for Missing Parts Pilot'' for the
certification and request on the EFS-Web screen. Form PTO/SB/421 will
be available on the USPTO Web site at http://www.uspto.gov/forms/index.jsp. Information regarding EFS-Web is available on the USPTO Web
site at http://www.uspto.gov/ebc/index.jsp. The utility application
including the certification and request to participate in the pilot
program may also be filed by mail or hand-carried to the USPTO. For
plant patent applications, applicant must file the application
including the certification and request to participate in the pilot
program by mail or hand-carried to the USPTO since plant patent
applications cannot be filed electronically using EFS-Web. See Legal
Framework for Electronic Filing System Web (EFS-Web), 74 FR 55200 (Oct.
27, 2009), 1348 Off. Gaz. Pat. Office 394 (Nov. 24, 2009).
It is strongly recommended that any new applications submitted by
mail be filed using the ``Express Mail Post Office to Addressee
service'' of the United States Postal Service (USPS) in accordance with
37 CFR 1.10 in order for the application to be considered filed with
the USPTO on the date of deposit with the USPS. If the ``Express Mail''
service of the USPS (in accordance with 37 CFR 1.10) is not utilized,
then the new application can only be accorded the date of actual
receipt in the USPTO (and there is no remedy for an application that is
lost in the mail). New applications cannot be submitted by facsimile
transmission and, if submitted by facsimile transmission, are not
accorded a filing or receipt date and may be returned to applicant. See
37 CFR 1.6(d) and 1.8(a)(2)(i)(A).
II. Processing of Requests: If applicant satisfies the requirements
(discussed above) on filing of the nonprovisional application and the
application is in condition for publication, the USPTO will send
applicant a Notice to File Missing Parts of Nonprovisional Application
that sets a twelve-month (non-extendable) time period to submit the
search fee, the examination fee, any excess claims fees (under 37 CFR
1.16(h)-(j)), and the surcharge under 37 CFR 1.16(f) (for the late
submission of the search fee and examination fee). The twelve-month
time period will run from the mailing date, or notification date for e-
Office Action participants, of the Notice to File Missing Parts. For
information on the e-Office Action program, see Electronic Office
Action, 1343 Off. Gaz. Pat. Office 45 (June 2, 2009), and http://www.uspto.gov/patents/process/status/e-Office_Action.jsp. After an
applicant files a timely reply to the Notice to File Missing Parts
within the twelve-month time period and the nonprovisional application
is completed, the nonprovisional application will be placed in the
examination queue based on the actual filing date of the nonprovisional
application.
A. Application Not in Condition for Publication: If the application
papers need to be corrected in order for the application to be in
condition for publication (such as the specification pages contain
improper margins or line spacing, or the drawings are not acceptable
because they are not electronically reproducible), or if the basic
filing fee or an executed oath or declaration is not submitted on
filing, and applicant has submitted a certification and request to
participate in the pilot program, the USPTO will accept the
certification and request but send a Notice to File Missing Parts of
Nonprovisional Application that: (1) Sets a two-month (extendable) time
period for applicant to correct the application papers and/or submit
the basic filing fee or executed oath or declaration and surcharge (if
appropriate), and (2) sets a twelve-month (non-extendable) time period
for applicant to submit the search fee, the examination fee, any excess
claims fees, and the surcharge for the late filing of the search fee
and examination fee (if appropriate). If the basic filing fee and/or an
executed oath or declaration is not submitted on filing, applicant will
be required to pay the surcharge under 37 CFR 1.16(f) for the late
filing of the basic filing fee and/or executed oath or declaration
within the two-month (extendable) time period. Applicants are advised
that only a single surcharge under 37 CFR 1.16(f) is required in a
nonprovisional application for filing any of the basic filing fee, the
executed oath or declaration, the search fee, or the examination fee
after the filing date of the application.
Example: On December 15, 2010, applicant files a nonprovisional
utility application under 35 U.S.C. 111(a) that claims the benefit of a
prior-filed provisional application filed December 20, 2009. The
benefit claim to the provisional application is included in the first
sentence of the specification of the nonprovisional application. The
nonprovisional application is filed with a ``Certification and Request
for Extended Missing Parts Pilot Program'' (Form PTO/SB/421). The
nonprovisional application includes a specification in compliance with
37 CFR 1.52, drawings in compliance with 37 CFR 1.84, an abstract in
compliance with 37 CFR 1.72(b), and an executed declaration in
compliance with 37 CFR 1.63. No fees are submitted with the
nonprovisional application. Thereafter, on January 3, 2011, the USPTO
mails a Notice to File Missing Parts of Nonprovisional Application that
sets: (1) A two-month (extendable) time period for applicant to submit
the basic filing fee and the surcharge under 37 CFR 1.16(f), and (2)
sets a twelve-month (non-extendable) time period for applicant to
submit the search fee and the examination fee. In order to avoid
abandonment of the application, applicant would need to either: (1) Pay
the basic filing fee and the surcharge under 37 CFR 1.16(f) by March 3,
2011, if payment of the basic filing fee and the surcharge is being
submitted without a petition for extension of time under 37 CFR
1.136(a) and extension fee; or (2) pay the basic filing fee and the
surcharge by no later than August 3, 2011, if submitted with an
appropriate petition for extension of time under 37 CFR 1.136(a) and
extension fee. In addition, applicant would need to pay the search fee
and the examination fee by January 3, 2012, to avoid abandonment of the
application. Applicant would not need to pay another surcharge with the
search and examination fees since the surcharge was paid with the basic
filing fee.
B. Improper Requests: Requests to participate in the Extended
Missing Parts Pilot Program will not be accepted in the following
situations: (1) Where the certification and request is submitted in an
application that is not eligible for the pilot program; (2) where the
application is not entitled to a filing date; (3) where the
certification and request is submitted after the filing date of the
nonprovisional application; (4) where the nonprovisional application
does not directly claim the benefit under 35 U.S.C. 119(e) and 37 CFR
1.78 of a provisional application filed within the previous twelve
months; and (5) where a nonpublication request is filed with the
nonprovisional application.
(1) Application is Not Eligible: Design applications, provisional
applications, national stage applications under 35 U.S.C. 371,
international (PCT) applications, reissue applications, and
[[Page 76404]]
reexamination proceedings are excluded from the Extended Missing Parts
Pilot Program. In these situations, the USPTO will send a Notice to
File Missing Parts that sets a two-month (extendable) time period to
submit any missing items including fees.
(2) No Filing Date: If a nonprovisional application is submitted
that does not meet the requirements under 35 U.S.C. 111(a) to be
accorded a filing date, the USPTO will send a Notice of Incomplete
Application that sets a two-month time limit for applicant to submit
the items required for a filing date. In the situation where a Notice
of Incomplete Application is sent, the certification and request to
participate in the Extended Missing Parts Pilot Program may be accepted
once the application is entitled to a filing date if the requirements
of the Extended Missing Parts Pilot Program are met. It should be
noted, however, that if the nonprovisional application is accorded a
filing date that is more than twelve months after the provisional
application's filing date, the certification and request to participate
will not be accepted since the benefit claim to the provisional
application would not be proper.
(3) Untimely Request: If applicant submits the certification and
request for the Extended Missing Parts Pilot Program after the filing
date of the nonprovisional application, the USPTO will not accept the
request and the application will not be eligible for the program.
Therefore, the USPTO will send a Notice to File Missing Parts that sets
a two-month (extendable) time period to submit any missing items
including fees.
(4) No Proper Benefit Claim: If applicant submits a certification
and request to participate in the Extended Missing Parts Pilot Program,
but does not include a claim for the benefit under 35 U.S.C. 119(e) and
37 CFR 1.78 of a prior provisional application, the USPTO will send
applicant a Notice to File Missing Parts that only sets a two-month
time period. In this situation, applicant may submit a proper benefit
claim of a prior provisional application within four months from the
filing date of the nonprovisional application if applicant still wants
a twelve-month time period to submit the search fee, examination fee,
any excess claims fees, and the surcharge (if appropriate). Applicant
would need to timely file any other items required in the Notice to
File Missing Parts. If applicant submits a proper benefit claim within
four months, the USPTO would send a notice (e.g., a Notice of
Incomplete Reply) that states applicant has a twelve-month time period
from the mailing date (or notification date) of the initial Notice to
File Missing Parts to submit the search fee, examination fee, any
excess claims fees, and the surcharge (if the surcharge is not required
for the late filing of the basic filing fee or an executed oath or
declaration). If it is more than four months from the filing date of
the nonprovisional application, applicant would most likely need a
petition under 37 CFR 1.78 to accept an unintentionally delayed claim
for the benefit of a prior provisional application. Therefore,
applicants will not be permitted to add or correct the benefit claim
under 35 U.S.C. 119(e) and 37 CFR 1.78 for the purpose of being
eligible for the pilot program if it is more than four months from the
filing date of the nonprovisional application.
(5) A Nonpublication Request is Filed: If applicant submits a
nonpublication request and a certification and request to participate
in the Extended Missing Parts Pilot Program on filing of the
application and thus the USPTO sends a Notice to File Missing Parts
that only sets a two-month time period, applicant may submit a timely
and properly signed rescission of the nonpublication request (e.g.,
PTO/SB/36) if applicant still wants a twelve-month time period to
submit the search fee, examination fee, any excess claims fees, and the
surcharge (if appropriate). Applicant would need to timely file any
other items required in the Notice to File Missing Parts. If applicant
submits such a proper rescission of the nonpublication request, the
USPTO would send a notice (e.g., a Notice of Incomplete Reply) that
states applicant has a twelve-month time period from the mailing date
(or notification date) of the initial Notice to File Missing Parts to
submit the search fee, examination fee, any excess claims fees, and the
surcharge (if the surcharge is not required for the late filing of the
basic filing fee or an executed oath or declaration).
C. Authorization to Charge Fees: If applicant wishes to participate
in the Extended Missing Parts Pilot Program, applicant should not
provide a general authorization to charge fees or a specific
authorization to charge the search, examination, and/or excess claims
fees to a deposit account. However, in the rare situation where
applicant files a proper certification and request to participate in
the Extended Missing Parts Pilot Program with the application on
filing, and all other requirements set forth in this notice are
satisfied, but applicant submits an authorization to charge fees to a
deposit account that covers fees set forth in 37 CFR 1.16, the USPTO
will: (1) Recognize the certification and request to participate in the
Extended Missing Parts Pilot Program; (2) provide applicant a twelve-
month (non-extendable) time period to pay the search and examination
fees, any required excess claims fees, and the surcharge (if
appropriate) in response to a Notice to File Missing Parts of
Nonprovisional Application under the Extended Missing Parts Pilot
Program; and (3) charge the basic filing fee and any required
application size fee if not otherwise submitted. In this situation, the
Office will accept the authorization to charge fees to a deposit
account for any fees that are due, excluding the search and examination
fees and excess claims fees. Thus, applicant will be eligible for the
Extended Missing Parts Pilot Program and must reply to the Notice to
File Missing Parts of Nonprovisional Application under the Extended
Missing Parts Pilot Program within the twelve-month time period by
paying the search and examination fees, any required excess claims
fees, and any required surcharge, to avoid the abandonment of the
application.
III. Important Reminders: Applicants are reminded that the
disclosure of an invention in a provisional application should be as
complete as possible because the claimed subject matter in the later-
filed nonprovisional application must have support in the provisional
application in order for the applicant to obtain the benefit of the
filing date of the provisional application.
Furthermore, the nonprovisional application as originally filed
must have a complete disclosure that complies with 35 U.S.C. 112, first
paragraph, which is sufficient to support the claims submitted on
filing and any claims submitted later during prosecution. New matter
cannot be added to an application after the filing date of the
application. See 35 U.S.C. 132(a). In order to be accorded a filing
date, a nonprovisional application requires a specification as
prescribed by 35 U.S.C. 112, which requires the specification to
conclude with at least one claim, and drawings as prescribed by 35
U.S.C. 113, which requires drawings if necessary for an understanding
of the invention. See 35 U.S.C. 111(a). While only one claim is
required in a nonprovisional application for filing date purposes and
applicant may file an amendment adding additional claims later during
prosecution, applicant should consider the benefits of submitting a
complete set of claims on filing of the nonprovisional application.
This would reduce the likelihood of adding claims later during
prosecution
[[Page 76405]]
that contain new matter. Also, if a patent is granted and the patentee
is successful in litigation against an infringer, provisional rights to
a reasonable royalty under 35 U.S.C. 154(d) may be available only if
the claims that are published in the patent application publication are
substantially identical to the patented claims that are infringed,
assuming timely actual notice is provided. Thus, the importance of the
claims that are included in the patent application publication should
not be overlooked.
Applicants are also advised that the extended missing parts period
does not affect the twelve-month priority period provided by the Paris
Convention for the Protection of Industrial Property (Paris
Convention). Thus, any foreign filings must still be made within twelve
months of the filing date of the provisional application if applicant
wishes to rely on the provisional application in the foreign-filed
application or if protection is desired in a country requiring filing
within twelve months of the earliest application for which rights are
left outstanding in order to be entitled to priority.
The current patent term adjustment (PTA) provisions apply to all
original utility or plant nonprovisional applications filed on or after
May 29, 2000, which will include applications under the pilot program.
Therefore, any PTA accrued by an applicant based on certain
administrative delays by the USPTO is offset by a reduction for failing
to reply to a notice by the USPTO within three months. See 37 CFR
1.704(b). If an applicant replies to a Notice to File Missing Parts
more than three months after mailing (or notification) of the notice,
the additional time will be treated as an offset to any positive PTA
that is accrued by applicant.
In no event will a reduction under 37 CFR 1.704(b) reduce the
twenty-year patent term. The ``twenty-year patent term'' refers to the
term of a patent (other than a design patent) that begins on the date
the patent issues and ends on the date that is twenty years from the
date on which the application for patent was filed in the United States
or, if the application contains a specific reference to an earlier
filed application or applications under 35 U.S.C. 120, 121, or 365(c),
twenty years from the filing date of the earliest of such
application(s). See 35 U.S.C. 154(a)(2). Domestic benefit under 35
U.S.C. 119(e) to one or more provisional applications is not considered
in the calculation of the twenty-year term. For more information on
patent term, see section 2701 of the Manual of Patent Examining
Procedure (MPEP) (8th ed. 2001) (Rev. 2, May 2004).
Applicants are also reminded that fees are subject to change and
the fees that are due in an application are the fees in effect at the
time of fee payment. Therefore, if the search fee, examination fee,
excess claims fees, and/or the surcharge (or any other fees) have
increased after the mailing (or notification) of a Notice to File
Missing Parts that sets a time period to pay such fees, applicant will
be required to pay the increased fee amounts. Applicants should consult
the current fee schedule on the USPTO Web site before paying any fees
that are due.
Form PTO/SB/421 will include an identification of the requirements
of the Extended Missing Parts Pilot Program as well as various
acknowledgments regarding the pilot program. Therefore, applicants
requesting participation in the Extended Missing Parts Pilot Program
should be aware of the requirements and the potential drawbacks of the
pilot program.
IV. Paperwork Reduction Act: An applicant who wishes to participate
in the pilot program must submit a certification and request to
participate in the Extended Missing Parts Pilot Program, preferably by
using Form PTO/SB/421. The Office of Management and Budget (OMB) has
determined that, under 5 CFR 1320.3(h), Form PTO/SB/421 does not
collect ``information'' within the meaning of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.). Therefore, this notice does not
involve information collection requirements which are subject to review
by OMB.
The USPTO previously published the notice Missing Parts Practice,
75 FR 53631 (Sept. 1, 2010), requesting comments on the USPTO's
proposal to collect information using Form PTO/SB/421. In light of
OMB's determination that Form PTO/SB/421 does not collect information
within the meaning of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), the USPTO is withdrawing the request for comments issued
in the September 1, 2010 notice.
V. Additional Information: While the USPTO also requested comments
on an optional service of having an international style search report
prepared during the twelve-month extended missing parts period, the
USPTO is not implementing such a service at this time.
Dated: November 19, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2010-30822 Filed 12-7-10; 8:45 am]
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