[Federal Register Volume 86, Number 72 (Friday, April 16, 2021)]
[Notices]
[Pages 20123-20126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07857]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Patent Prosecution Highway (PPH) Program

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

[[Page 20124]]


ACTION: Notice of information collection; request for comment.

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SUMMARY: The United States Patent and Trademark Office (USPTO), in 
accordance with the Paperwork Reduction Act of 1995, invites comments 
on the extension and revision of an existing information collection: 
0651-0058 (Patent Prosecution Highway (PPH) Program). The purpose of 
this notice is to allow 60 days for public comment preceding submission 
of the information collection to OMB.

DATES: To ensure consideration, comments regarding this information 
collection must be received on or before June 15, 2021.

ADDRESSES: Interested persons are invited to submit written comments by 
any of the following methods. Do not submit Confidential Business 
Information or otherwise sensitive or protected information:
     Email: [email protected]. Include ``0651-
0058 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Kimberly Hardy, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450.

FOR FURTHER INFORMATION CONTACT: Request for additional information 
should be directed to Parikha Mehta, Patent Examination Policy Advisor, 
Office of Patent Legal Administration, United States Patent and 
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by 
telephone at 571-272-3248; or by email to [email protected]. 
Additional information about this information 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 (OLE) 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 (PCT)-PPH programs, which 
permit participating patent offices to draw upon the positive results 
of the PCT work product from another participating office. PCT-PPH 
programs use 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 the USPTO 
information collection, 0651-0021 (Patent Cooperation Treaty).
    More recently, the USPTO and several other offices acted to 
consolidate and replace existing 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. Both the Global PPH and the 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.
    This information collection covers data gathered through the 
Request for Participation in the Patent Prosecution Highway (PPH) Pilot 
Program, which the public uses to request an accelerated examination 
within the PPH provisions.

II. Method of Collection

    Items in this information collection must be submitted 
electronically.

III. Data

    OMB Control Number: 0651-0058.

Form Numbers: (SB = Specimen Book)
 PTO/SB/20GLBL (Request for Participation in the Global/IP5 PPH 
Pilot Program in the USPTO)
 PTO/SB/20BR (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the Brazilian National 
Institute of Industrial Property (INPI) and the USPTO)
 PTO/SB/20CA (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the Industrial Property 
Office of the Czech Republic (IPOCZ) and the USPTO)
 PTO/SB/20MX (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the Mexican Institute 
of Industrial Property (TMPI) and the USPTO)
 PTO/SB/20NI (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the Nicaraguan Registry 
of Intellectual Property (NRIP) and the USPTO)
 PTO/SB/20PH (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the Intellectual 
Property Office of the Philippines (IPOPH) and the USPTO)
 PTO/SB/20RO (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the Romanian State 
Office of Inventions and Trademarks (OSIM) and the USPTO)
 PTO/SB/20SA (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program between the Saudi Authority for 
Intellectual Property of the Kingdom of Saudi Arabia (SAIP) and the 
USPTO)
 PTO/SB/20TW (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the Taiwan Intellectual 
Property Office (TIPO) and the USPTO)

    Type of Review: Extension and revision of a currently approved 
information collection.
    Affected Public: Private sector; individuals or households.
    Estimated Number of Respondents: 3,567 respondents per year.
    Estimated Number of Responses: 7,090 responses per year.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 2 hours to complete a response. This includes 
the time to gather the necessary information, create the documents, and 
submit the completed item to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 14,180 hours.
    Estimated Total Annual Respondent Hourly Cost Burden: $5,672,000.

[[Page 20125]]



                           Table 1--Total Hourly Burden for Private Sector Respondents
----------------------------------------------------------------------------------------------------------------
                                            Estimated    Estimated
                               Estimated      annual      time for      Estimated    Rate \1\ ($/    Estimated
 Item No.         Item           annual     responses     response   annual  burden     hour)     annual  burden
                              respondents     (year)      (hours)      (hour/year)
                                                   (a)          (b)     (a) x (b) =          (d)     (c) x (d) =
                                                                                (c)                          (e)
----------------------------------------------------------------------------------------------------------------
1.........  Request for             3,255        6,510          * 2          13,020         $400      $5,208,000
             Participation
             in the Global/
             IP5 PPH Pilot
             Program in the
             USPTO (PTO/SB/
             20GLBL).
2.........  Request for                 9            9          * 2              18          400           7,200
             Participation
             in the PPH
             Program Between
             the Brazilian
             National
             Institute of
             Industrial
             Property (INPI)
             and the USPTO
             (PTO/SB/20BR).
3.........  Request for                 4            4          * 2               8          400           3,200
             Participation
             in the PPH
             Program Between
             the Industrial
             Property Office
             of the Czech
             Republic
             (IPOCZ) and the
             USPTO (PTO/SB/
             20CZ).
4.........  Request for                 4            4          * 2               8          400           3,200
             Participation
             in the PPH
             Program Between
             the Mexican
             Institute of
             Industrial
             Property (TMPI)
             and the USPTO
             (PTO/SB/20MX).
5.........  Request for                 4            4          * 2               8          400           3,200
             Participation
             in the PPH
             Program Between
             the Nicaraguan
             Registry of
             Intellectual
             Property (NRIP)
             and the USPTO
             (PTO/SB/20NI).
6.........  Request for                 4            4          * 2               8          400           3,200
             Participation
             in the PPH
             Program Between
             the
             Intellectual
             Property Office
             of the
             Philippines
             (IPOPH) and the
             USPTO (PTO/SB/
             20PH).
7.........  Request for                 4            4          * 2               8          400           3,200
             Participation
             in the PPH
             Program Between
             the Romanian
             State Office of
             Inventions and
             Trademarks
             (OSIM) and the
             USPTO (PTO/SB/
             20RO).
8.........  Request for                 4            4          * 2               8          400           3,200
             Participation
             in the PPH
             Program between
             the Saudi
             Authority for
             Intellectual
             Property of the
             Kingdom of
             Saudi Arabia
             (SAIP) and the
             USPTO (PTO/SB/
             20SA).
9.........  Request for                23           46          * 2              92          400          36,800
             Participation
             in the PPH
             Program Between
             the Taiwan
             Intellectual
             Property Office
             (TIPO) and the
             USPTO (PTO/SB/
             20TW).
                             -----------------------------------------------------------------------------------
               Total........        3,311        6,589  ...........          13,178  ...........       5,271,200
----------------------------------------------------------------------------------------------------------------
* (120 minutes).
\1\ 2019 Report of the Economic Survey from the Law Practice Management Committee of the American Intellectual
  Property Law Association (AIPLA). https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey survey.


                     Table 2--Total Hourly Burden for Individuals or Households Respondents
----------------------------------------------------------------------------------------------------------------
                                            Estimated    Estimated
                               Estimated      annual      time for      Estimated    Rate \2\ ($/    Estimated
 Item No.         Item           annual     responses     response   annual  burden     hour)     annual  burden
                              respondents     (year)      (hours)      (hour/year)
                                                   (a)          (b)     (a) x (b) =          (d)     (c) x (d) =
                                                                                (c)                          (e)
----------------------------------------------------------------------------------------------------------------
1.........  Request for               245          490          * 2             980         $400        $392,000
             Participation
             in the Global/
             IP5 PPH Pilot
             Program in the
             USPTO (PTO/SB/
             20GLBL).
2.........  Request for                 1            1          * 2               2          400             800
             Participation
             in the PPH
             Program Between
             the Brazilian
             National
             Institute of
             Industrial
             Property (INPI)
             and the USPTO
             (PTO/SB/20BR).
3.........  Request for                 1            1          * 2               2          400             800
             Participation
             in the PPH
             Program Between
             the Industrial
             Property Office
             of the Czech
             Republic
             (IPOCZ) and the
             USPTO (PTO/SB/
             20CZ).
4.........  Request for                 1            1          * 2               2          400             800
             Participation
             in the PPH
             Program Between
             the Mexican
             Institute of
             Industrial
             Property (TMPI)
             and the USPTO
             (PTO/SB/20MX).
5.........  Request for                 1            1          * 2               2          400             800
             Participation
             in the PPH
             Program Between
             the Nicaraguan
             Registry of
             Intellectual
             Property (NRIP)
             and the USPTO
             (PTO/SB/20NI).
6.........  Request for                 1            1          * 2               2          400             800
             Participation
             in the PPH
             Program Between
             the
             Intellectual
             Property Office
             of the
             Philippines
             (IPOPH) and the
             USPTO (PTO/SB/
             20PH).
7.........  Request for                 1            1          * 2               2          400             800
             Participation
             in the PPH
             Program Between
             the Romanian
             State Office of
             Inventions and
             Trademarks
             (OSIM) and the
             USPTO (PTO/SB/
             20RO).
8.........  Request for                 1            1          * 2               2          400             800
             Participation
             in the PPH
             Program between
             the Saudi
             Authority for
             Intellectual
             Property of the
             Kingdom of
             Saudi Arabia
             (SAIP) and the
             USPTO (PTO/SB/
             20SA).
9.........  Request for                 4            4          * 2               8          400           3,200
             Participation
             in the PPH
             Program Between
             the Taiwan
             Intellectual
             Property Office
             (TIPO) and the
             USPTO (PTO/SB/
             20TW).
                             -----------------------------------------------------------------------------------
               Total........          256          501  ...........           1,002  ...........         400,800
----------------------------------------------------------------------------------------------------------------
* (120 minutes).
\2\ 2019 Report of the Economic Survey from the Law Practice Management Committee of the American Intellectual
  Property Law Association (AIPLA). https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey survey


[[Page 20126]]

    Estimated Total Annual (Non-hour) Respondent Cost Burden: $0.00. 
There are no filing fees or start-up, maintenance, recordkeeping, or 
postage costs associated with this information collection.
    Respondent's Obligation: Required to obtain or retain benefits.

IV. Request for Comments

    The USPTO is soliciting public comments to:
    (a) Evaluate 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) Evaluate the accuracy of the Agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (c) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (d) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    All comments submitted in response to this notice are a matter of 
public record. USPTO will include or summarize each comment in the 
request to OMB to approve this information collection. Before including 
an address, phone number, email address, or other personal identifying 
information in a comment, be aware that the entire comment-- including 
personal identifying information--may be made publicly available at any 
time. While you may ask in your comment to withhold personal 
identifying information from public view, USPTO cannot guarantee that 
it will be able to do so.

Kimberly Hardy,
Information Collections Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2021-07857 Filed 4-15-21; 8:45 am]
BILLING CODE 3510-16-P