Scope of Foreign Filing Licenses, 42781 [E8-16830]

Download as PDF Federal Register / Vol. 73, No. 142 / Wednesday, July 23, 2008 / Notices While the number of potential incidental harassment takes will depend on the distribution and abundance of marine mammals in the vicinity of the survey activity, the number of potential harassment takings is estimated to be small, less than a percent of any of the estimated population sizes, and has been mitigated to the lowest level practicable through incorporation of the measures mentioned previously in this document. Authorization As a result of these determinations, NMFS has issued an IHA to UTIG for conducting a low-energy seismic survey in the northeast Pacific Ocean during June-July, 2008, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. Dated: July 17, 2008. James H. Lecky, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. E8–16845 Filed 7–22–08; 8:45 am] BILLING CODE 3510–22–S DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No.: PTO–P–2008–0024] Scope of Foreign Filing Licenses United States Patent and Trademark Office, Commerce. ACTION: Notice. AGENCY: Applicants and registered patent practitioners are reminded that the export of subject matter abroad pursuant to a license from the United States Patent and Trademark Office (USPTO), such as a foreign filing license, is limited to purposes related to the filing of foreign patent applications. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances. DATES: Effective Date: July 23, 2008. FOR FURTHER INFORMATION CONTACT: Mike Carone, Supervisory Patent Examiner, Technology Center 3600, by telephone at (571) 272–6873. SUPPLEMENTARY INFORMATION: The USPTO has become aware that a number of law firms or service provider companies located in foreign countries are sending solicitations to U.S. registered patent practitioners offering their services in connection with the mstockstill on PROD1PC66 with NOTICES SUMMARY: VerDate Aug<31>2005 18:14 Jul 22, 2008 Jkt 214001 preparation of patent applications to be filed in the United States. Applicants and registered patent practitioners are reminded that the export of subject matter abroad pursuant to a license from the USPTO, such as a foreign filing license, is limited to purposes related to the filing of foreign patent applications. Applicants who are considering exporting subject matter abroad for the preparation of patent applications to be filed in the United States should contact the Bureau of Industry and Security (BIS) at the Department of Commerce for the appropriate clearances. See MPEP § 140 (8th ed., Rev. 5, Aug. 2006). The BIS has promulgated the Export Administration Regulations (EAR) governing exports of dual-use commodities, software, and technology, including technical data, which are codified at 15 CFR Parts 730–774. Furthermore, if the invention was made in the United States, technical data in the form of a patent application, or in any form, can only be exported for purposes related to the preparation, filing or possible filing and prosecution of a foreign patent application, after compliance with the EAR or following the appropriate USPTO foreign filing license procedure. See 37 CFR 5.11(c). A foreign filing license from the USPTO does not authorize the exporting of subject matter abroad for the preparation of patent applications to be filed in the United States. The Commissioner for Patents has been delegated the authority for controlling exports of technology for purposes of the filing of patent applications in foreign countries. See 15 CFR 734.3(b)(1)(v) and 734.10(b) and 35 U.S.C. 184. The USPTO grants foreign filing licenses in accordance with USPTO regulations. See 37 CFR Part 5. The scope of a foreign filing license granted by the USPTO is set forth in 37 CFR 5.15. Applicants and registered patent practitioners are also advised that foreign filing licenses (for the filing of a patent application in a foreign country) do not authorize the export of any technology that is not specifically submitted to the USPTO as part of a U.S. patent application or a petition for a foreign filing license. For example, the USPTO has received short abstracts, PowerPoint slides and even titles of inventions as the disclosure for which a foreign filing license is requested. Although the USPTO will usually process such requests, any foreign filing license granted under 37 CFR 5.15(a) or 5.15(b) on such short description may not authorize filing abroad the ultimate resulting patent applications and may not authorize any additional material PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 42781 added after the initial foreign filing license request. Such additional material that was not submitted to the USPTO for its review may be deemed to have altered ‘‘the general nature of the invention in a manner which would require such application to be made available for inspection under such section 181.’’ See 35 U.S.C. 184. The USPTO has established a Licensing and Review Web page on its Web site that includes frequently asked questions regarding foreign filing licenses and related matters. This Web page is located at http://www.uspto.gov/web/ offices/pac/dapp/opla/lr/ licensing_review.htm. This notice does not change existing law or regulations. Thus, while the notice is effective on July 23, 2008, this notice does not excuse or otherwise affect the legal consequence of a failure to comply with existing law or regulations that occurred prior to July 23, 2008. Information regarding the EAR may be obtained from the BIS Web site at http://www.bis.doc.gov. Questions regarding the EAR should be directed to the BIS’s Outreach and Educational Services Division at (202) 482–4811. Dated: July 16, 2008. Jon W. Dudas, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. E8–16830 Filed 7–22–08; 8:45 am] BILLING CODE 3510–16–P COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Determination under the Textile and Apparel Commercial Availability Provision of the Dominican RepublicCentral America-United States Free Trade Agreement (CAFTA–DR Agreement) July 18, 2008. The Committee for the Implementation of Textile Agreements. ACTION: Determination to add a product in unrestricted quantities to Annex 3.25 of the CAFTA–DR Agreement. AGENCY: EFFECTIVE DATE: July 23, 2008. SUMMARY: The Committee for the Implementation of Textile Agreements (CITA) has determined that certain twill fabrics, as specified below, are not available in commercial quantities in a timely manner in the CAFTA–DR countries. The product will be added to the list in Annex 3.25 of the CAFTA– DR Agreement in unrestricted quantities. E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 73, Number 142 (Wednesday, July 23, 2008)]
[Notices]
[Page 42781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16830]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No.: PTO-P-2008-0024]


Scope of Foreign Filing Licenses

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

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SUMMARY: Applicants and registered patent practitioners are reminded 
that the export of subject matter abroad pursuant to a license from the 
United States Patent and Trademark Office (USPTO), such as a foreign 
filing license, is limited to purposes related to the filing of foreign 
patent applications. Applicants who are considering exporting subject 
matter abroad for the preparation of patent applications to be filed in 
the United States should contact the Bureau of Industry and Security 
(BIS) at the Department of Commerce for the appropriate clearances.

DATES: Effective Date: July 23, 2008.

FOR FURTHER INFORMATION CONTACT: Mike Carone, Supervisory Patent 
Examiner, Technology Center 3600, by telephone at (571) 272-6873.

SUPPLEMENTARY INFORMATION: The USPTO has become aware that a number of 
law firms or service provider companies located in foreign countries 
are sending solicitations to U.S. registered patent practitioners 
offering their services in connection with the preparation of patent 
applications to be filed in the United States. Applicants and 
registered patent practitioners are reminded that the export of subject 
matter abroad pursuant to a license from the USPTO, such as a foreign 
filing license, is limited to purposes related to the filing of foreign 
patent applications. Applicants who are considering exporting subject 
matter abroad for the preparation of patent applications to be filed in 
the United States should contact the Bureau of Industry and Security 
(BIS) at the Department of Commerce for the appropriate clearances. See 
MPEP Sec.  140 (8th ed., Rev. 5, Aug. 2006). The BIS has promulgated 
the Export Administration Regulations (EAR) governing exports of dual-
use commodities, software, and technology, including technical data, 
which are codified at 15 CFR Parts 730-774. Furthermore, if the 
invention was made in the United States, technical data in the form of 
a patent application, or in any form, can only be exported for purposes 
related to the preparation, filing or possible filing and prosecution 
of a foreign patent application, after compliance with the EAR or 
following the appropriate USPTO foreign filing license procedure. See 
37 CFR 5.11(c). A foreign filing license from the USPTO does not 
authorize the exporting of subject matter abroad for the preparation of 
patent applications to be filed in the United States.
    The Commissioner for Patents has been delegated the authority for 
controlling exports of technology for purposes of the filing of patent 
applications in foreign countries. See 15 CFR 734.3(b)(1)(v) and 
734.10(b) and 35 U.S.C. 184. The USPTO grants foreign filing licenses 
in accordance with USPTO regulations. See 37 CFR Part 5. The scope of a 
foreign filing license granted by the USPTO is set forth in 37 CFR 
5.15. Applicants and registered patent practitioners are also advised 
that foreign filing licenses (for the filing of a patent application in 
a foreign country) do not authorize the export of any technology that 
is not specifically submitted to the USPTO as part of a U.S. patent 
application or a petition for a foreign filing license. For example, 
the USPTO has received short abstracts, PowerPoint[supreg] slides and 
even titles of inventions as the disclosure for which a foreign filing 
license is requested. Although the USPTO will usually process such 
requests, any foreign filing license granted under 37 CFR 5.15(a) or 
5.15(b) on such short description may not authorize filing abroad the 
ultimate resulting patent applications and may not authorize any 
additional material added after the initial foreign filing license 
request. Such additional material that was not submitted to the USPTO 
for its review may be deemed to have altered ``the general nature of 
the invention in a manner which would require such application to be 
made available for inspection under such section 181.'' See 35 U.S.C. 
184. The USPTO has established a Licensing and Review Web page on its 
Web site that includes frequently asked questions regarding foreign 
filing licenses and related matters. This Web page is located at http:/
/www.uspto.gov/web/offices/pac/dapp/opla/lr/licensing_review.htm.
    This notice does not change existing law or regulations. Thus, 
while the notice is effective on July 23, 2008, this notice does not 
excuse or otherwise affect the legal consequence of a failure to comply 
with existing law or regulations that occurred prior to July 23, 2008.
    Information regarding the EAR may be obtained from the BIS Web site 
at http://www.bis.doc.gov. Questions regarding the EAR should be 
directed to the BIS's Outreach and Educational Services Division at 
(202) 482-4811.

    Dated: July 16, 2008.
Jon W. Dudas,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
 [FR Doc. E8-16830 Filed 7-22-08; 8:45 am]
BILLING CODE 3510-16-P