Patent Cooperation Treaty Collaborative Search and Examination Pilot Project Between the IP5 Offices, 30145-30147 [2018-13800]

Download as PDF Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices (c) Acoustic Monitoring Report Seattle DOT shall submit an Acoustic Monitoring Report within 90 days after completion of the in-water construction work, expiration of the IHA (if issued), or 60 days prior to the requested date of issuance of any subsequent IHA, whichever sooner. The report shall provide details on the monitored piles, method of installation, monitoring equipment, and sound levels documented during both the sound source measurements and the background monitoring. NMFS shall have an opportunity to provide comments on the report or changes in monitoring for the second season, and if NMFS has comments, Seattle DOT shall address the comments and submit a final report to NMFS within 30 days. If no comments are received from NMFS within 30 days, the draft report shall be considered final. Any comments received during that time shall be addressed in full prior to finalization of the report. 8. This Authorization may be modified, suspended or withdrawn if the holder fails to abide by the conditions prescribed herein or if NMFS determines the authorized taking is having more than a negligible impact on the species or stock of affected marine mammals. 9. A copy of this Authorization must be in the possession of each contractor who performs the construction work at the Pier 62 Project. daltland on DSKBBV9HB2PROD with NOTICES Request for Public Comments We request comment on our analyses, the proposed authorization, and any other aspect of this Notice of Proposed IHA for the proposed pile driving activities by Seattle DOT. We also request comment on the potential for renewal of this proposed IHA as described in the paragraph below. Please include with your comments any supporting data or literature citations to help inform our final decision on the request for MMPA authorization. On a case-by-case basis, NMFS may issue a subsequent one-year IHA without additional notice when (1) another year of identical or nearly identical activities as described in the Specified Activities section is planned or (2) the activities would not be completed by the time the IHA expires and a subsequent IHA would allow for completion of the activities beyond that described in the Dates and Duration section, provided all of the following conditions are met: • A request for renewal is received no later than 60 days prior to expiration of the current IHA. VerDate Sep<11>2014 16:58 Jun 26, 2018 Jkt 244001 • The request for renewal must include the following: (1) An explanation that the activities to be conducted beyond the initial dates either are identical to the previously analyzed activities or include changes so minor (e.g., reduction in pile size) that the changes do not affect the previous analyses, take estimates, or mitigation and monitoring requirements. (2) A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized. • Upon review of the request for renewal, the status of the affected species or stocks, and any other pertinent information, NMFS determines that there are no more than minor changes in the activities, the mitigation and monitoring measures remain the same and appropriate, and the original findings remain valid. Elaine T. Saiz, Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2018–13803 Filed 6–26–18; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No.: PTO–P–2018–0032] Patent Cooperation Treaty Collaborative Search and Examination Pilot Project Between the IP5 Offices United States Patent and Trademark Office, Commerce. ACTION: Notice. AGENCY: The United States Patent and Trademark Office (USPTO), the European Patent Office (EPO), the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO) and the State Intellectual Property Office of the People’s Republic of China (SIPO), referred to collectively as the IP5 Offices, will launch a pilot project on Collaborative Search and Examination (CS&E) under the Patent Cooperation Treaty (PCT). This will be the third such pilot. The USPTO, the EPO, and the KIPO conducted two previous pilots in 2010 and in 2011–2012. The third pilot is needed to further develop and test the concept amongst all the IP5 Offices. In particular, this IP5 pilot project aims at assessing user interest for a CS&E product and the expected efficiency gains for the IP5 Offices. DATES: SUMMARY: PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 30145 Pilot Effective date: July 1, 2018. Duration: Requests to participate in the PCT CS&E pilot project may be filed with international applications filed through the receiving Office of one of the IP5 Offices or the International Bureau of the World Intellectual Property Organization (WIPO) until June 30, 2020. During each year, the USPTO, in its capacity as the main International Searching Authority, will accept a total of 50 international applications into the pilot. FOR FURTHER INFORMATION CONTACT: Inquiries regarding the handling of any specific application participating in the pilot may be directed to Daniel Hunter, Director of International Work Sharing, Planning, and Implementation, Office of International Patent Cooperation, by telephone at (571) 272–8050 or by email to daniel.hunter@uspto.gov. Inquiries concerning this notice may be directed to Michael Neas, Deputy Director, International Patent Legal Administration, by phone (571) 272– 3289 or by email to michael.neas@ uspto.gov. SUPPLEMENTARY INFORMATION: I. Concept The concept of CS&E under the PCT refers to the collaboration of examiners from different International Searching Authorities in different regions and with different working languages on one international application for the establishment of an international search report and written opinion under PCT Chapter I, which, although remaining the opinion of the chosen International Search Authority, is based on contributions from all participating IP5 Offices. Under the pilot project, the examiner of the IP5 Office from the chosen International Searching Authority under PCT Rule 35 for a given international application (‘‘the main examiner’’) works on the application by conducting the search and examination and by establishing a provisional international search report and written opinion. These provisional work products are transmitted to examiners from the other participating IP5 Offices in their capacity as an International Searching Authority (‘‘the peer examiners’’). Each peer examiner provides the main examiner with his contribution, in light of the provisional international search report and written opinion. The final international search report and written opinion are subsequently established by the main examiner after having taken into consideration the contributions of the peer examiners. Further details regarding the implementation of the E:\FR\FM\27JNN1.SGM 27JNN1 30146 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES CS&E concept within the framework of this pilot project are provided below. II. Framework Under the pilot project, with a view to assessing the users’ interest for a CS&E product, international applications processed under the collaborative scheme will be selected by applicants (‘‘applicant-driven approach’’), whereas, under the two previous pilot projects, the applications were selected by the participating IP5 Offices. Applicants wishing to participate in the pilot project must submit a request for participation in the pilot on a standard participation form and file it together with the international application at the receiving Office of one of the IP5 Offices or the International Bureau. The participation form is available in all official languages of the IP5 Offices on WIPO’s website at http://www.wipo.int/pct/en/filing/ cse.html. For international applications filed in English, requests for participation in the pilot may be filed beginning July 1, 2018. Each applicant will be able to select only a limited number of international applications for inclusion in the program. Initially, only international applications filed in English will be accepted into the pilot. Eventually, international authorities that work in languages other than English will accept international applications filed in those languages into the pilot. Each main International Searching Authority that will accept international applications filed in a language other than English will inform the applicants accordingly by a communication published on its website. Such communication will specify the additional languages that will be accepted by a main International Searching Authority for the purposes of this pilot and the date as of which requests for participation in the pilot may be filed in such languages. The USPTO in its capacity as an International Searching Authority only accepts applications in English. The receiving Office will transmit the participation form to the International Bureau and the main International Searching Authority as part of the record copy and search copy, respectively. Upon receipt of the search copy, the main International Searching Authority will determine if the request for participation in the pilot may be accepted based on whether the applicable requirements detailed below in part III are met. The International Searching Authority will notify the applicant and the International Bureau VerDate Sep<11>2014 16:58 Jun 26, 2018 Jkt 244001 of the acceptance or refusal of the request for participation in the pilot using Form PCT/ISA/224 (Communication in Cases for Which No Other Form Is Applicable). The main International Searching Authority will perform the search and examination as it would for any other international application not processed under this pilot. It will establish a provisional international search report (Form PCT/ISA/210) (or, where appropriate, declaration of nonestablishment of international search report (Form PCT/ISA/203)) and written opinion (Form PCT/ISA/237), and, where applicable, a record of the search strategy. The form and content of the record of the search strategy will generally be according to the current practice of each International Searching Authority. The main International Searching Authority will transmit the above mentioned provisional work products to the peer International Searching Authorities, where a peer examiner will prepare a contribution to the final work product, taking into consideration the provisional work products prepared by the main International Searching Authority and performing additional searching to the extent deemed necessary. With respect to the handling of cases lacking unity of invention by the peer International Searching Authorities, a principle of the first invention will be followed. This means that each main International Searching Authority proceeds with the non-unity procedure according to its own standard practice, while the provisional work products submitted to the peer International Searching Authorities are based only on the invention first mentioned in the claims as determined by the main International Searching Authority. Peer examiners will focus their searches on what they determine to be the first invention, regardless of whether the provisional work products are directed to one or more inventions. Each peer International Searching Authority will transmit its contribution to the main International Searching Authority using a standard peer contribution form. Depending on its practice, each peer International Searching Authority will either record its contribution directly on the peer contribution form or use the peer contribution form as a cover sheet for the standard forms PCT/ISA/210 and PCT/ISA/237. Peer contribution forms and peer contributions attached to such forms, if any, will be made available as separate documents in WIPO’s PATENTSCOPE. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 The main International Searching Authority will consider the contributions received from the peer International Searching Authorities and prepare the final international search report (Form PCT/ISA/210) (or, where appropriate, declaration of nonestablishment of international search report (Form PCT/ISA/203)) and written opinion (Form PCT/ISA/237) in light of these contributions. The main International Searching Authority will strive to establish these final work products within the time limit under PCT Rule 42.1; however, compliance with this time limit may not be guaranteed due to the collaborative nature of the pilot project, which inherently results in additional administrative burdens. The final work products will be transmitted to the applicant and the International Bureau. Final CS&E work products will be identified, either by a direct indication in box V of Form PCT/ISA/237 or at the top of a supplemental sheet referenced in said box, as the result of the collaboration under the pilot, which does not necessarily reflect the opinions of all IP5 Offices. Only the final CS&E work product may serve as a basis for requesting participation in a Patent Prosecution Highway (PPH) pilot program. All exchanges of documents and information among the IP5 Offices will be carried out via an ePCT-based platform allowing a secure and confidential data transmission. This ePCT-based platform is provided and maintained by the International Bureau. In this pilot project, the international search fee charged by each IP5 Office remains unchanged. Therefore, applicants participating in this pilot will pay only the standard fee for a PCT Chapter I search at the chosen International Searching Authority. However, if following this pilot the CS&E product is implemented as a regular product under the PCT, applicants will have to pay a specific fee for such product (the CS&E fee). The maximum prospective amount of the CS&E fee is the aggregated amount of the search fees of the participating International Searching Authorities plus an administrative fee to cover the collaboration costs. Towards the end of the pilot project, participating applicants will be asked to complete a questionnaire about their interest for a regular CS&E product under the PCT. Responses to the questionnaire will be taken into account by the IP5 Offices in the assessment of the pilot project. E:\FR\FM\27JNN1.SGM 27JNN1 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Notices III. Requirements and Limitations for Participation Applicants who would like to participate in the pilot project must be aware of both the following requirements to be met by applicants and the following limitations set by the IP5 Offices. A. Requirements To Be Met by Applicants The following requirements must be met by applicants wishing to participate in the pilot project: (a) The request for participation in the pilot must be submitted on the standard participation form and filed together with the international application. (b) The participation form and the international application must be filed at the receiving Office of one of the IP5 Offices or at the International Bureau as receiving Office, and the applicant must select one of the IP5 Offices as the main International Searching Authority under PCT Rule 35. For example, U.S. applicants filing with the USPTO or the International Bureau as receiving Office may select the USPTO, the EPO, the KIPO, or the JPO as International Searching Authority, subject to certain limitations as described in the PCT Applicant’s Guide, Annex C/US. (c) Where the participation form and the international application are filed with the USPTO, they must be filed in electronic form via the USPTO’s EFSWeb system. The participation form must be loaded into EFS-Web as a separate document using document description ‘‘Request to Participate in PCT CS&E Pilot.’’ This is true even where the participation form is prepared using WIPO’s ePCT system since EFSWeb only extracts the PCT Request form and Fee Calculation sheet from ePCT or PCT Safe zip files. (d) The participation form and the international application must be filed in English when they are filed with the USPTO. As noted above, the other IP5 Offices will initially only accept applications filed in English and will announce when they are prepared to accept applications in languages other than English. daltland on DSKBBV9HB2PROD with NOTICES B. Limitations Set by the IP5 Offices 16:58 Jun 26, 2018 Jkt 244001 IV. Duration The pilot project is divided into two phases, a preparatory phase and an operational phase. The preparatory phase started on June 2, 2016, and was dedicated to the administrative and practical preparations required for a smooth functioning of the pilot. The operational phase will start on July 1, 2018, and will be dedicated to the processing of applications under the collaborative scheme, the monitoring of applications for evaluation purposes, and the assessment of the outcome of the pilot. The operational phase will last for a period of three years ending on July 1, 2021, and will include an evaluation of the impact of the pilot on examination during the subsequent national/regional stages. Requests for participation in the pilot will be accepted only during the first two years of the operational phase, i.e., from July 1, 2018, to June 30, 2020. Dated: June 21, 2018. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2018–13800 Filed 6–26–18; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF DEFENSE The following limitations related to organizational aspects of the pilot must be complied with for the main International Searching Authority to accept a request for participation in the pilot: (a) The applicant must not have had ten international applications accepted in the pilot by the same main International Searching Authority. VerDate Sep<11>2014 (b) The main International Searching Authority must not have accepted 100 international applications into the pilot. The USPTO, in its capacity as the main International Searching Authority, will accept 50 applications during the first year of the pilot, that is from July 1, 2018, to June 30, 2019, and 50 applications during the second year of the pilot, that is from July 1, 2019, to June 30, 2020. (c) The main International Searching Authority must not determine that there is a defect in the application (e.g., the application does not contain a sequence listing portion of the description and/or a copy of a sequence listing in computer readable form as provided for in the Administrative Instructions under the PCT) impeding the processing of the application according to the timeline for the collaborative process. Office of the Secretary [Docket ID DOD–2018–OS–0039] Manual for Courts-Martial; Proposed Amendments Joint Service Committee on Military Justice (JSC), Department of Defense. AGENCY: PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 30147 Notice of proposed amendments to the Manual for Courts-Martial, United States (2016 ed.) and notice of public meeting. ACTION: The Department of Defense requests comments on proposed changes to the Manual for CourtsMartial, United States (2016 ed.) (MCM). The proposed changes concern the rules of procedure and evidence applicable in trials by courts-martial as well as amendments to portions of the MCM discussing the punitive articles of the Uniform Code of Military Justice. The approval authority for these changes is the President. These proposed changes have not been coordinated within the Department of Defense under DoD Directive 5500.01, ‘‘Preparing, Processing and Coordinating Legislation, Executive Orders, Proclamations, Views Letters, and Testimony,’’ June 15, 2007, and do not constitute the official position of the Department of Defense, the Military Departments, or any other Government agency. DATES: Comments on the proposed changes must be received no later than August 27, 2018. A public meeting for comments will be held on July 11, 2018, at 1:30 p.m. in the United States Court of Appeals for the Armed Forces building, 450 E Street NW, Washington DC 20442–0001. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate for Oversight and Compliance, 4800 Mark Center Drive, Mailbox #24, Suite 08D09, Alexandria, VA 22350–1700. Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the internet at http:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Lieutenant Alexandra Nica, JAGC, USN, Executive Secretary, JSC, (202) 685– 7058, alexandra.nica@navy.mil. The JSC website is located at http:// jsc.defense.gov. SUPPLEMENTARY INFORMATION: This notice is provided in accordance with SUMMARY: E:\FR\FM\27JNN1.SGM 27JNN1

Agencies

[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Notices]
[Pages 30145-30147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13800]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

 Patent and Trademark Office

[Docket No.: PTO-P-2018-0032]


Patent Cooperation Treaty Collaborative Search and Examination 
Pilot Project Between the IP5 Offices

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO), the 
European Patent Office (EPO), the Japan Patent Office (JPO), the Korean 
Intellectual Property Office (KIPO) and the State Intellectual Property 
Office of the People's Republic of China (SIPO), referred to 
collectively as the IP5 Offices, will launch a pilot project on 
Collaborative Search and Examination (CS&E) under the Patent 
Cooperation Treaty (PCT). This will be the third such pilot. The USPTO, 
the EPO, and the KIPO conducted two previous pilots in 2010 and in 
2011-2012. The third pilot is needed to further develop and test the 
concept amongst all the IP5 Offices. In particular, this IP5 pilot 
project aims at assessing user interest for a CS&E product and the 
expected efficiency gains for the IP5 Offices.

DATES: 
    Pilot Effective date: July 1, 2018.
    Duration: Requests to participate in the PCT CS&E pilot project may 
be filed with international applications filed through the receiving 
Office of one of the IP5 Offices or the International Bureau of the 
World Intellectual Property Organization (WIPO) until June 30, 2020. 
During each year, the USPTO, in its capacity as the main International 
Searching Authority, will accept a total of 50 international 
applications into the pilot.

FOR FURTHER INFORMATION CONTACT: Inquiries regarding the handling of 
any specific application participating in the pilot may be directed to 
Daniel Hunter, Director of International Work Sharing, Planning, and 
Implementation, Office of International Patent Cooperation, by 
telephone at (571) 272-8050 or by email to [email protected]. 
Inquiries concerning this notice may be directed to Michael Neas, 
Deputy Director, International Patent Legal Administration, by phone 
(571) 272-3289 or by email to [email protected].

SUPPLEMENTARY INFORMATION:

I. Concept

    The concept of CS&E under the PCT refers to the collaboration of 
examiners from different International Searching Authorities in 
different regions and with different working languages on one 
international application for the establishment of an international 
search report and written opinion under PCT Chapter I, which, although 
remaining the opinion of the chosen International Search Authority, is 
based on contributions from all participating IP5 Offices.
    Under the pilot project, the examiner of the IP5 Office from the 
chosen International Searching Authority under PCT Rule 35 for a given 
international application (``the main examiner'') works on the 
application by conducting the search and examination and by 
establishing a provisional international search report and written 
opinion. These provisional work products are transmitted to examiners 
from the other participating IP5 Offices in their capacity as an 
International Searching Authority (``the peer examiners''). Each peer 
examiner provides the main examiner with his contribution, in light of 
the provisional international search report and written opinion. The 
final international search report and written opinion are subsequently 
established by the main examiner after having taken into consideration 
the contributions of the peer examiners. Further details regarding the 
implementation of the

[[Page 30146]]

CS&E concept within the framework of this pilot project are provided 
below.

II. Framework

    Under the pilot project, with a view to assessing the users' 
interest for a CS&E product, international applications processed under 
the collaborative scheme will be selected by applicants (``applicant-
driven approach''), whereas, under the two previous pilot projects, the 
applications were selected by the participating IP5 Offices.
    Applicants wishing to participate in the pilot project must submit 
a request for participation in the pilot on a standard participation 
form and file it together with the international application at the 
receiving Office of one of the IP5 Offices or the International Bureau. 
The participation form is available in all official languages of the 
IP5 Offices on WIPO's website at http://www.wipo.int/pct/en/filing/cse.html.
    For international applications filed in English, requests for 
participation in the pilot may be filed beginning July 1, 2018. Each 
applicant will be able to select only a limited number of international 
applications for inclusion in the program.
    Initially, only international applications filed in English will be 
accepted into the pilot. Eventually, international authorities that 
work in languages other than English will accept international 
applications filed in those languages into the pilot. Each main 
International Searching Authority that will accept international 
applications filed in a language other than English will inform the 
applicants accordingly by a communication published on its website. 
Such communication will specify the additional languages that will be 
accepted by a main International Searching Authority for the purposes 
of this pilot and the date as of which requests for participation in 
the pilot may be filed in such languages. The USPTO in its capacity as 
an International Searching Authority only accepts applications in 
English.
    The receiving Office will transmit the participation form to the 
International Bureau and the main International Searching Authority as 
part of the record copy and search copy, respectively. Upon receipt of 
the search copy, the main International Searching Authority will 
determine if the request for participation in the pilot may be accepted 
based on whether the applicable requirements detailed below in part III 
are met. The International Searching Authority will notify the 
applicant and the International Bureau of the acceptance or refusal of 
the request for participation in the pilot using Form PCT/ISA/224 
(Communication in Cases for Which No Other Form Is Applicable).
    The main International Searching Authority will perform the search 
and examination as it would for any other international application not 
processed under this pilot. It will establish a provisional 
international search report (Form PCT/ISA/210) (or, where appropriate, 
declaration of non-establishment of international search report (Form 
PCT/ISA/203)) and written opinion (Form PCT/ISA/237), and, where 
applicable, a record of the search strategy. The form and content of 
the record of the search strategy will generally be according to the 
current practice of each International Searching Authority.
    The main International Searching Authority will transmit the above 
mentioned provisional work products to the peer International Searching 
Authorities, where a peer examiner will prepare a contribution to the 
final work product, taking into consideration the provisional work 
products prepared by the main International Searching Authority and 
performing additional searching to the extent deemed necessary.
    With respect to the handling of cases lacking unity of invention by 
the peer International Searching Authorities, a principle of the first 
invention will be followed. This means that each main International 
Searching Authority proceeds with the non-unity procedure according to 
its own standard practice, while the provisional work products 
submitted to the peer International Searching Authorities are based 
only on the invention first mentioned in the claims as determined by 
the main International Searching Authority. Peer examiners will focus 
their searches on what they determine to be the first invention, 
regardless of whether the provisional work products are directed to one 
or more inventions.
    Each peer International Searching Authority will transmit its 
contribution to the main International Searching Authority using a 
standard peer contribution form. Depending on its practice, each peer 
International Searching Authority will either record its contribution 
directly on the peer contribution form or use the peer contribution 
form as a cover sheet for the standard forms PCT/ISA/210 and PCT/ISA/
237. Peer contribution forms and peer contributions attached to such 
forms, if any, will be made available as separate documents in WIPO's 
PATENTSCOPE.
    The main International Searching Authority will consider the 
contributions received from the peer International Searching 
Authorities and prepare the final international search report (Form 
PCT/ISA/210) (or, where appropriate, declaration of non-establishment 
of international search report (Form PCT/ISA/203)) and written opinion 
(Form PCT/ISA/237) in light of these contributions. The main 
International Searching Authority will strive to establish these final 
work products within the time limit under PCT Rule 42.1; however, 
compliance with this time limit may not be guaranteed due to the 
collaborative nature of the pilot project, which inherently results in 
additional administrative burdens. The final work products will be 
transmitted to the applicant and the International Bureau.
    Final CS&E work products will be identified, either by a direct 
indication in box V of Form PCT/ISA/237 or at the top of a supplemental 
sheet referenced in said box, as the result of the collaboration under 
the pilot, which does not necessarily reflect the opinions of all IP5 
Offices. Only the final CS&E work product may serve as a basis for 
requesting participation in a Patent Prosecution Highway (PPH) pilot 
program.
    All exchanges of documents and information among the IP5 Offices 
will be carried out via an ePCT-based platform allowing a secure and 
confidential data transmission. This ePCT-based platform is provided 
and maintained by the International Bureau.
    In this pilot project, the international search fee charged by each 
IP5 Office remains unchanged. Therefore, applicants participating in 
this pilot will pay only the standard fee for a PCT Chapter I search at 
the chosen International Searching Authority. However, if following 
this pilot the CS&E product is implemented as a regular product under 
the PCT, applicants will have to pay a specific fee for such product 
(the CS&E fee). The maximum prospective amount of the CS&E fee is the 
aggregated amount of the search fees of the participating International 
Searching Authorities plus an administrative fee to cover the 
collaboration costs.
    Towards the end of the pilot project, participating applicants will 
be asked to complete a questionnaire about their interest for a regular 
CS&E product under the PCT. Responses to the questionnaire will be 
taken into account by the IP5 Offices in the assessment of the pilot 
project.

[[Page 30147]]

III. Requirements and Limitations for Participation

    Applicants who would like to participate in the pilot project must 
be aware of both the following requirements to be met by applicants and 
the following limitations set by the IP5 Offices.

A. Requirements To Be Met by Applicants

    The following requirements must be met by applicants wishing to 
participate in the pilot project:
    (a) The request for participation in the pilot must be submitted on 
the standard participation form and filed together with the 
international application.
    (b) The participation form and the international application must 
be filed at the receiving Office of one of the IP5 Offices or at the 
International Bureau as receiving Office, and the applicant must select 
one of the IP5 Offices as the main International Searching Authority 
under PCT Rule 35. For example, U.S. applicants filing with the USPTO 
or the International Bureau as receiving Office may select the USPTO, 
the EPO, the KIPO, or the JPO as International Searching Authority, 
subject to certain limitations as described in the PCT Applicant's 
Guide, Annex C/US.
    (c) Where the participation form and the international application 
are filed with the USPTO, they must be filed in electronic form via the 
USPTO's EFS-Web system. The participation form must be loaded into EFS-
Web as a separate document using document description ``Request to 
Participate in PCT CS&E Pilot.'' This is true even where the 
participation form is prepared using WIPO's ePCT system since EFS-Web 
only extracts the PCT Request form and Fee Calculation sheet from ePCT 
or PCT Safe zip files.
    (d) The participation form and the international application must 
be filed in English when they are filed with the USPTO. As noted above, 
the other IP5 Offices will initially only accept applications filed in 
English and will announce when they are prepared to accept applications 
in languages other than English.

B. Limitations Set by the IP5 Offices

    The following limitations related to organizational aspects of the 
pilot must be complied with for the main International Searching 
Authority to accept a request for participation in the pilot:
    (a) The applicant must not have had ten international applications 
accepted in the pilot by the same main International Searching 
Authority.
    (b) The main International Searching Authority must not have 
accepted 100 international applications into the pilot. The USPTO, in 
its capacity as the main International Searching Authority, will accept 
50 applications during the first year of the pilot, that is from July 
1, 2018, to June 30, 2019, and 50 applications during the second year 
of the pilot, that is from July 1, 2019, to June 30, 2020.
    (c) The main International Searching Authority must not determine 
that there is a defect in the application (e.g., the application does 
not contain a sequence listing portion of the description and/or a copy 
of a sequence listing in computer readable form as provided for in the 
Administrative Instructions under the PCT) impeding the processing of 
the application according to the timeline for the collaborative 
process.

IV. Duration

    The pilot project is divided into two phases, a preparatory phase 
and an operational phase. The preparatory phase started on June 2, 
2016, and was dedicated to the administrative and practical 
preparations required for a smooth functioning of the pilot. The 
operational phase will start on July 1, 2018, and will be dedicated to 
the processing of applications under the collaborative scheme, the 
monitoring of applications for evaluation purposes, and the assessment 
of the outcome of the pilot. The operational phase will last for a 
period of three years ending on July 1, 2021, and will include an 
evaluation of the impact of the pilot on examination during the 
subsequent national/regional stages. Requests for participation in the 
pilot will be accepted only during the first two years of the 
operational phase, i.e., from July 1, 2018, to June 30, 2020.

    Dated: June 21, 2018.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2018-13800 Filed 6-26-18; 8:45 am]
 BILLING CODE 3510-16-P