[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]
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