[Federal Register Volume 77, Number 19 (Monday, January 30, 2012)]
[Proposed Rules]
[Pages 4509-4510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-1939]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Chapter I
[Docket No.: PTO-P-2012-0002]
Patent Public Advisory Committee Public Hearings on the Proposed
Patent Fee Schedule
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of Public Hearings.
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SUMMARY: Under Section 10 of the America Invents Act (AIA), the United
States Patent and Trademark Office (USPTO) may set or adjust by rule
any patent or trademark fee established, authorized, or charged under
Title 35 of the United States Code or the Trademark Act of 1946,
respectively. The USPTO currently is planning to set or adjust patent
fees pursuant to its Section 10 fee setting authority. As part of the
rulemaking process to set or adjust patent fees, the Patent Public
Advisory Committee (PPAC) is required under Section 10 of the AIA to
hold a public hearing about any proposed patent fees, and the USPTO is
required to assist PPAC in carrying out that hearing. To that end, the
USPTO will make its proposed patent fees available as set forth in the
Supplementary Information section of this Notice before any PPAC
hearing and will help the PPAC to notify the public about the hearing.
Accordingly, this document announces the dates and logistics for two
PPAC public hearings regarding USPTO proposed patent fees. Interested
members of the public are invited to testify at the hearing and/or
submit written comments about the proposed patent fees and the
questions posed on PPAC's Web site about the proposed fees.
DATES: Public hearings: February 15 and 23, 2012.
Comments: For those wishing to submit written comments, but not
requesting an opportunity to testify at either public hearing, the
deadline for receipt of those written comments is February 29, 2012.
Oral testimony: Those wishing to present oral testimony at either
hearing must request an opportunity to do so in writing no later than
February 8, 2012.
Pre-scheduled speakers: Pre-scheduled speakers providing testimony
at the hearings should submit a written copy of their testimony for
inclusion in the record of the proceedings no later than February 29,
2012.
ADDRESSES: Public hearings: The PPAC will hold public hearings on
Wednesday, February 15, 2012, beginning at 8 a.m., Eastern Standard
Time (EST), and ending at 3 p.m., EST, at the USPTO, Madison
Auditorium, Concourse Level, Madison Building, 600 Dulany Street,
Alexandria, Virginia 22314, and on Thursday, February 23, 2012,
beginning at 8 a.m., Pacific Standard Time (PST), and ending at 3 p.m.,
PST, at the Sunnyvale Public Library, 665 W. Olive Avenue, Sunnyvale,
California 94086.
Email: Written comments should be sent by email addressed to
[email protected].
Postal mail: Comments may also be submitted by postal mail
addressed to: United States Patent and Trademark Office, Mail Stop CFO,
P.O. Box 1450, Alexandria, VA 22313-1450, ATTN: Michelle Picard.
Although comments may be submitted by postal mail, the USPTO prefers to
receive comments via email. Written comments should be identified in
the subject line of the email or postal mailing as ``Fee Setting.''
Because comments will be made available for public inspection,
information that is not desired to be made public, such as an address
or telephone number, should not be included in the comments.
Web cast: The public hearings will be available via Web cast.
Information about the Web cast will be posted on the USPTO's Internet
Web site (address: www.uspto.gov/americainventsact) before the public
hearing.
Transcripts: Transcripts of the hearings will be available on the
USPTO Internet Web site (www.uspto.gov/americainventsact) shortly after
the hearings.
FOR FURTHER INFORMATION CONTACT: Michelle Picard, Office of the Chief
Financial Officer, by phone (571) 272-6354, or by email at
[email protected]; or Janet Gongola, Office of the Under
Secretary and Director, by phone at (571) 272-8734, or by email at
[email protected].
SUPPLEMENTARY INFORMATION: Requests to testify should indicate the
following: (1) The name of the person wishing to testify; (2) the
person's contact information (telephone number and email address); (3)
the organization(s)
[[Page 4510]]
the person represents, if any; and (4) an indication of the amount of
time needed for the testimony. Requests to testify must be submitted by
email to Jennifer Lo at [email protected]. Based upon the requests
received, an agenda for witness testimony will be sent to testifying
requesters and posted on the USPTO Internet Web site (address:
www.uspto.gov/americainventsact). If time permits, the PPAC may permit
unscheduled testimony as well.
Effective September 16, 2011, with the passage of the AIA, the
USPTO is authorized under Section 10 of the AIA to set or adjust by
rule all patent and trademark fees established, authorized, or charged
under Title 35 of the United States Code and the Trademark Act of 1946,
respectively. Patent and trademark fees set or adjusted by rule under
Section 10 of the AIA may only recover the aggregate estimated costs to
the Office for processing, activities, services, and materials relating
to patents and trademarks, respectively, including administrative costs
of the Office with respect to each as the case may be.
Congress set forth the process for the USPTO to follow in setting
or adjusting patent and trademark fees by rule under Section 10 of the
AIA. Congress requires the relevant advisory committee to hold a public
hearing about the USPTO fee proposals after receiving them from the
agency. Congress likewise requires the relevant advisory committee to
prepare a written report on the proposed fees and the USPTO to consider
the relevant advisory committee's report before finally setting or
adjusting the fees. Further, Congress requires the USPTO to publish its
proposed fees and supporting rationale in the Federal Register and give
the public not less than 45 days in which to submit comments on the
proposed change in fees. Finally, Congress requires the USPTO to
publish its final rule setting or adjusting fees also in the Federal
Register.
Presently, the USPTO is planning to exercise its fee setting
authority to set or adjust patent fees. The USPTO will publish a
proposed patent fee schedule and related supplementary information for
public viewing no later than February 7, 2012, on the USPTO Internet
Web site (address: www.uspto.gov/americainventsact). In turn, the PPAC
will hold two public hearings about the proposed patent fee schedule on
the dates indicated herein. The USPTO will assist the PPAC in holding
those hearings by providing resources to organize the hearings and by
notifying the public about the hearings, such as through this Federal
Register Notice.
To gather information from the public about the USPTO's proposed
patent fees, the PPAC will post specific questions for the public's
consideration on the PPAC's Internet Web site (address: http://www.uspto.gov/about/advisory/ppac) after the USPTO publishes its
proposed patent fee schedule. The public may wish to address those
questions in its hearing testimony and/or in written comments submitted
to PPAC as described herein.
Following the PPAC public hearing, the USPTO will publish a Notice
of Proposed Rulemaking in the Federal Register, setting forth its
proposed patent fees. The publication of that Notice will open a
comment window through which the public may provide written comments
directly to the USPTO. Additional information about public comment to
the USPTO will be provided in the USPTO's Notice of Proposed
Rulemaking.
Dated: January 24, 2012.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2012-1939 Filed 1-27-12; 8:45 am]
BILLING CODE 3510-16-P