Patent Prosecution Highway (PPH) Pilot Program, 65015-65016 [E7-22541]

Agencies

• Patent and Trademark Office

[Federal Register Volume 72, Number 222 (Monday, November 19, 2007)]
[Notices]
[Pages 65015-65016]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-22541]


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PATENT AND TRADEMARK OFFICE


Patent Prosecution Highway (PPH) Pilot Program

ACTION: Proposed collection; comment request.

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SUMMARY: The United States Patent and Trademark Office (USPTO), as part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal agencies to comment on the 
proposed addition to this continuing 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 January 18, 
2008.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0058 
comment'' in the subject line of the message.
     Fax: 571-273-0112, marked to the attention of Susan 
Fawcett.
     Mail: Susan K. Fawcett, Records Officer, Office of the 
Chief Information Officer, Customer Information Services Group, Public 
Information Services Division, United States Patent and Trademark 
Office, P.O. Box 1450, Alexandria, VA 22313-1450.
     Federal e-Rulemaking Portal: https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Robert A. Clarke, Director, Office of Patent 
Legal Administration, United States Patent and Trademark Office, P.O. 
Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7735; or 
by e-mail at Robert.Clarke@uspto.gov.

SUPPLEMENTARY INFORMATION: 

I. Abstract

    A work-sharing pilot program is being established between the 
United States Patent and Trademark Office (USPTO) and the Japan Patent 
Office (JPO). This work-sharing program is called the ``New Route.'' 
Under the New Route, a filing in one member office of this arrangement 
would be deemed a filing in all member offices. The first office and 
applicant would be given a 30-month processing time frame in which to 
make available a first office action and any necessary translations to 
the second office(s), and the second office(s) would exploit the search 
and examination results in conducting their own examination. The New 
Route proposal permits the search and examination results of the first 
office to be transmitted to the second office(s) according to an 
internationally coordinated time frame. By allowing the second office 
to exploit the search and examination results of the first office, the 
primary benefits of the New Route program would be to reduce overall 
office workload, minimize duplication of search efforts, and increase 
examination quality.
    Because the New Route, as envisioned, would require changes in law 
in both the USPTO and JPO, the USPTO and JPO agreed to commence a pilot 
program to test the New Route concept based on the two filing scenarios 
currently available under existing law in both offices. The two filing 
scenarios eligible to participate in the New Route pilot program are: 
(1) A priority application is filed in the first office and a Patent 
Cooperation Treaty (PCT) application claiming priority to that 
application is filed with the same office as the PCT Receiving Office; 
if the priority application is examined within about 24 months and the 
corresponding PCT application enters the national stage in the second 
office, that national stage application would be eligible to 
participate in the New Route pilot program based on the priority 
application; and (2) a PCT application is filed at the first office as 
the PCT Receiving Office (no priority application), the PCT application 
enters the national stage early in the first office so that search and 
examination results on the national stage application are available by 
about the 24th month, and the PCT application enters national stage in 
the second office at the 30th month. That national stage application in 
the second office would be eligible to participate in the New Route 
pilot program based on the national stage application in the first 
office.

[[Page 65016]]

    In order to participate in the New Route pilot program, applicants 
must submit the following at the time of entry into the national stage 
of the PCT application in the USPTO: (a) A copy of the first office 
action by the JPO and English translation thereof; (b) a copy of the 
claims searched and examined by the JPO and English translation 
thereof; (c) a statement that the translations are accurate; and (d) a 
request to participate in the New Route pilot program along with a 
petition to make special and the required petition fee.
    The pilot program will begin on January 28, 2008, and will end when 
the number of requests reaches 50 or the expiration of one year, 
whichever occurs first. The information collection includes one 
proposed form, Request for Participation in the New Route Pilot Program 
Between the JPO and the USPTO (PTO/SB/10), which may be used by 
applicants to request participation in the pilot program and to ensure 
that they meet the program requirements.

II. Method of Collection

    Requests to participate in the New Route pilot program must be 
submitted by fax to the Office of the Commissioner for Patents (571-
273-0125) to ensure that the request is processed in a timely manner. 
The USPTO will consider alternative methods of submission under this 
program after the pilot period is concluded.

III. Data

    OMB Number: 0651-0058.
    Form Number(s): PTO/SB/10, PTO/SB/20.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals or households; businesses or other 
for-profits; and not-for-profit institutions.
    Estimated Number of Respondents: 800 responses per year, including 
50 responses per year using the Request for Participation in the New 
Route Pilot Program.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 1.5 hours to gather the necessary information, 
prepare the form, and submit the completed Request for Participation in 
the New Route Pilot Program to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 1,575 hours per 
year, including 75 hours for using the Request for Participation in the 
New Route Pilot Program.
    Estimated Total Annual Respondent Cost Burden: $478,800 per year. 
The USPTO expects that the information in this collection will be 
prepared by attorneys. Using the professional rate of $304 per hour for 
associate attorneys in private firms, the USPTO estimates that the 
respondent cost burden for submitting the Request for Participation in 
the New Route Pilot Program will be approximately $22,800 per year, 
which would result in a total annual respondent cost burden of $478,800 
for this collection.

----------------------------------------------------------------------------------------------------------------
                                                             Estimated time                         Estimated
                           Item                               for response        Estimated       annual burden
                                                                 (hours)      annual responses        hours
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Request for Participation in the New Route Pilot Program                 1.5                50                75
 Between the JPO and the USPTO (PTO/SB/10)................
                                                           -----------------------------------------------------
    Total.................................................  ................                50                75
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    Estimated Total Annual Non-hour Respondent Cost Burden: $104,000 
per year. There are no capital start-up, maintenance, postage, or 
recordkeeping costs associated with this collection. However, there are 
additional filing fees associated with the proposed Requests for 
Participation in the New Route Pilot Program.
    The filing fee for a Request for Participation in the New Route 
Pilot Program is $130 under 37 CFR 1.17(h), and up to 50 filings are 
expected per year, for a total of $6,500 in filing fees due to these 
requests. When added to the previously approved burden for this 
collection, the total annual (non-hour) cost burden for this collection 
is estimated to be $104,000 per year.

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 shall 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: November 8, 2007.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer, 
Customer Information Services Group, Public Information Services 
Division.
[FR Doc. E7-22541 Filed 11-16-07; 8:45 am]
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