Filing Patent Applications Electronically During Designated Significant Outages of the United States Patent and Trademark Office Electronic Business Systems, 44264-44265 [2018-18897]

Download as PDF 44264 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices amozie on DSK3GDR082PROD with NOTICES1 ocean exploration science and technology; and ‘omics science. Individuals with expertise in other NOAA mission areas are also welcome to apply. Composition and Points of View: The Board will consist of approximately fifteen members, including a Chair, designated by the Under Secretary in accordance with FACA requirements. Members will be appointed for threeyear terms, renewable once, and serve at the discretion of the Under Secretary. If a member resigns before the end of his or her first term, the vacancy appointment shall be for the remainder of the unexpired term, and shall be renewable twice if the unexpired term is less than one year. Members will be appointed as special government employees (SGEs) and will be subject to the ethical standards applicable to SGEs. Members are reimbursed for actual and reasonable travel and per diem expenses incurred in performing such duties but will not be reimbursed for their time. As a Federal Advisory Committee, the Board’s membership is required to be balanced in terms of viewpoints represented and the functions to be performed as well as the interests of geographic regions of the country and the diverse sectors of U.S. society. The SAB meets in person three times each year, exclusive of teleconferences or subcommittee, task force, and working group meetings. Board members must be willing to serve as liaisons to SAB working groups and/or participate in periodic reviews of the NOAA Cooperative Institutes and overarching reviews of NOAA’s research enterprise. Nominations: Interested persons may nominate themselves or third parties. Applications: An application is required to be considered for Board membership, regardless of whether a person is nominated by a third party or self-nominated. The application package must include: (1) The nominee’s full name, title, institutional affiliation, and contact information; (2) the nominee’s area(s) of expertise; (3) a short description of his/her qualifications relative to the kinds of advice being solicited by NOAA in this Notice; and (4) a current resume (maximum length four [4] pages). Dated: August 23, 2018. David Holst, Chief Financial Officer/Administrative Officer, Office of Oceanic and Atmospheric Research, National Oceanic and Atmospheric Administration. [FR Doc. 2018–18815 Filed 8–29–18; 8:45 am] BILLING CODE 3510–KD–P VerDate Sep<11>2014 17:25 Aug 29, 2018 Jkt 244001 DEPARTMENT OF COMMERCE United States Patent and Trademark Office [Docket No.: PTO–P–2018–0054] Filing Patent Applications Electronically During Designated Significant Outages of the United States Patent and Trademark Office Electronic Business Systems United States Patent and Trademark Office, Commerce. ACTION: Notice. AGENCY: The United States Patent and Trademark Office (USPTO) encourages applicants to file their patent applications via its electronic filing system (EFS-Web). The USPTO experiences occasional unplanned electronic business system outages, including unplanned system outages that preclude patent applicants and patentees from filing patent documents and fees via the electronic filing system for a significant period of time. This notice prescribes a procedure for filing patent applications by alternative electronic means during a significant unplanned electronic business system outage, as designated by the Director of the USPTO. An application filed by the alternative electronic means prescribed in this notice during a designated significant unplanned electronic business system outage will be considered to have been filed by the USPTO’s electronic filing system, and thus will not incur the fee required by section 10(h) of the Leahy-Smith America Invents Act for a patent application not filed by the USPTO’s electronic filing system. DATES: Applicability date: The alternative electronic filing procedures prescribed in this notice apply to patent applications filed from August 15, 2018 through and including August 23, 2018. FOR FURTHER INFORMATION CONTACT: Eugenia A. Jones, Senior Legal Advisor, Office of Patent Legal Administration, at 571–272–7727, or Erin M. Harriman, Senior Legal Advisor, Office of Patent Legal Administration, at 571–272–7747. SUPPLEMENTARY INFORMATION: The USPTO encourages applicants to file their patent applications via its electronic filing system (EFS-Web) and collects a fee as required by section 10(h) of the Leahy-Smith America Invents act for patent applications not filed by electronic means as prescribed by the Director. Information concerning electronic filing via EFS-Web is available from the EFS-Web landing SUMMARY: PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 page on the USPTO’s internet website (https://www.uspto.gov/patentsapplication-process/applying-online/ about-efs-web) and is discussed in section 502.05 of the Manual of Patent Examining Procedure (MPEP). The USPTO periodically takes various electronic business systems off line (during non-business hours) to perform routine maintenance. The USPTO, however, also experiences occasional unplanned electronic business system outages. While the USPTO is typically able to restore its electronic business systems with sufficient time remaining in a day to permit patent applicants and patentees to file patent documents and fees via the electronic filing system on that day, the USPTO also experiences significant unplanned electronic business system outages that preclude patent applicants and patentees from filing patent documents and fees via the electronic filing system for a significant period of time. The USPTO experienced such a significant unplanned electronic business systems outage beginning on August 15, 2018. This notice prescribes a procedure for filing patent applications by electronic means during a designated significant unplanned electronic business system outage. The alternative electronic filing means prescribed in this notice is available only when there is a significant unplanned electronic business system outage that precludes patent applicants and patentees from filing patent documents and fees via the electronic filing system for a significant period of time, as designated by the Director of the USPTO (a ‘‘designated significant unplanned electronic business system outage’’). The unplanned electronic business systems outage beginning August 15, 2018 is designated as a significant unplanned electronic business system outage, and the alternative electronic filing means prescribed in this notice is available for patent applications filed from August 15, 2018 through and including August 23, 2018. The USPTO will post a notice on its internet website in the event of a future designated significant unplanned electronic business system outage, and indicate the dates during which the alternative electronic filing means prescribed in this notice are available due to such designated significant unplanned electronic business system outage. 37 CFR 1.16(t) and 1.445(a)(1)(ii) implement section 10(h) of the LeahySmith America Invents Act, which requires an additional fee for each application for an original (i.e., nonreissue) patent, except for a design, plant, or provisional application, that is E:\FR\FM\30AUN1.SGM 30AUN1 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Notices amozie on DSK3GDR082PROD with NOTICES1 not filed by electronic means as prescribed by the Director of the USPTO. An application filed by the alternative electronic filing means prescribed by this notice during a designated significant unplanned electronic business system outage will be treated as an application filed by electronic means for purposes of section 10(h) of the Leahy-Smith America Invents Act (and by the USPTO’s electronic filing system for purposes of 37 CFR 1.16(t) and 1.445(a)(1)(ii)). Thus, the non-electronic filing fee set forth in 37 CFR 1.16(t) and 1.445(a)(1)(ii) is not required for an application filed by the alternative electronic filing means prescribed by this notice during a designated significant unplanned electronic business system outage. The application will also be treated as being filed by the USPTO’s electronic filing system for purposes of calculation of the application size fee set forth in 37 CFR 1.52(f)(2) and the reduced basic filing fee for small entities who file in compliance with the USPTO’s electronic filing system (37 CFR 1.16(a)). The application, however, will not be treated as being filed by the USPTO’s electronic filing system for purposes of the electronic filing discount in the international filing fee (PCT Rule 15 and 37 CFR 1.445(b)).1 The alternative electronic filing means during designated significant unplanned electronic business system outages is as follows: The applicant must file the patent application during a designated significant unplanned electronic business system outage by an alternative filing method permitted by 37 CFR 1.6, such as by the Priority Mail Express® service of the U.S. Postal Service under 37 CFR 1.10 or hand delivery 2 to the USPTO. See MPEP § 502.05; see also Legal Framework for Electronic Filing System—Web (EFSWeb), 74 FR 55200, 55204 (Oct. 27, 2009).3 Applicants are reminded that unless an application is filed by the 1 The USPTO has no authority to treat an international application filed by the alternative electronic filing means prescribed by this notice as having been filed in the electronic format prescribed by the Administrative Instructions under the PCT for the electronic filing discount in the international filing fee or to waive the international filing fee. 2 New patent applications hand carried to the USPTO must be delivered to the Customer Service Window in the Randolph Building, 401 Dulany Street, Alexandria, Virginia 22314 (MPEP section 501). 3 Applicants are reminded that applications filed under 37 CFR 1.53 (except a design continued prosecution application (CPA) under 37 CFR 1.53(d)), PCT international applications, and international design applications cannot be submitted by facsimile transmission. See 37 CFR 1.6(d). VerDate Sep<11>2014 17:25 Aug 29, 2018 Jkt 244001 Priority Mail Express® service of the U.S. Postal Service in accordance with 37 CFR 1.10, the filing date of the application will be the date on which the application is received at the USPTO headquarters in Alexandria, Virginia. See 37 CFR 1.6. In addition, a copy of the application must be filed via EFS-Web (or Patent Center 4) no later than: (1) One month from the date a filing receipt 5 is first issued for the application, and be accompanied by a request for refund, if the non-electronic filing fee has been paid; or (2) the expiration of the period for reply to a notice requiring payment of the nonelectronic filing fee (e.g., a notice to file missing parts under 37 CFR 1.53(f)) if the non-electronic filing fee has not been paid. The copy of the application filed via EFS-Web (or Patent Center) must be accompanied by a statement that it is a true copy of the original application as filed by the alternative filing method during the designated significant unplanned electronic business system outage. The copy of the application also must be filed via EFS-Web (or Patent Center) as a follow-on paper in the application, and not as a new application. If the copy of the application is filed via EFS-Web (or Patent Center) as a new application, the copy will be treated as a new application, and the application filed by an alternative filing method will not be treated as an application filed by the prescribed alternative electronic filing means. The copy of the application should not be filed until applicant has received either a filing receipt or other USPTO notice identifying the application number assigned to the application. Dated: August 27, 2018. Andrei Iancu, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2018–18897 Filed 8–29–18; 8:45 am] BILLING CODE 3510–16–P 4 Patent Center is a new patent electronic filing and management system that is in development, and which will replace EFS-Web and the Patent Application Information and Retrieval (PAIR) system. Further information concerning Patent Center is available on the USPTO’s internet website at https://www.uspto.gov/patent/initiatives/aboutpatent-center. 5 The term ‘‘filing receipt’’ as used in this notice also includes a Notification of the International Application Number and of the International Filing Date (PCT/RO/105) in a PCT application. PO 00000 Frm 00009 Fmt 4703 Sfmt 9990 44265 DEPARTMENT OF EDUCATION [Docket No. ED–2018–ICCD–0072] 2019–20 National Postsecondary Student Aid Study (NPSAS: 20) Field Test Institution Contacting and Enrollment List Collection; Cancellation National Center for Education Statistics (NCES), Department of Education (ED). AGENCY: ACTION: Notice of cancellation. On July 3, 2018, the Department of Education (ED) published a 60 day comment period notice in the Federal Register with FR DOC #2018– 14441 (Page 31383, Column 2 and 3; Page 31384, Column 1 and 2) seeking public comment for an information collection entitled, ‘‘2019–20 National Postsecondary Student Aid Study (NPSAS:20) Field Test Institution Contacting and Enrollment List Collection’’ conducted by the National Center for Education Statistics (NCES). The Department of Education would like to cancel that public comment period notice. NCES intends to conduct the NPSAS:20 full-scale study as planned from October 2019 to November 2020. In March 2019, NCES will publish a notice in the Federal Register for a 60-day public comment period followed by a 30-day comment period for NPSAS:20 Full-Scale Institution Contacting and Enrollment List Collection clearance request. The NPSAS:20 full-scale study will use methods and survey items that have already been used in previous cycles of NPSAS. In addition, NCES is developing a cognitive testing plan that will allow pre-testing of a subset of questions from the planned NPSAS:20 student interview. NCES expects to submit a clearance request for these cognitive testing activities by July 2019. The Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management, hereby issues a cancellation notice as required by the Paperwork Reduction Act of 1995. SUMMARY: Dated: August 27, 2018. Kate Mullan, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management. [FR Doc. 2018–18840 Filed 8–29–18; 8:45 am] BILLING CODE 4000–01–P E:\FR\FM\30AUN1.SGM 30AUN1

Agencies

[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Notices]
[Pages 44264-44265]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18897]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office

[Docket No.: PTO-P-2018-0054]


Filing Patent Applications Electronically During Designated 
Significant Outages of the United States Patent and Trademark Office 
Electronic Business Systems

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

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SUMMARY: The United States Patent and Trademark Office (USPTO) 
encourages applicants to file their patent applications via its 
electronic filing system (EFS-Web). The USPTO experiences occasional 
unplanned electronic business system outages, including unplanned 
system outages that preclude patent applicants and patentees from 
filing patent documents and fees via the electronic filing system for a 
significant period of time. This notice prescribes a procedure for 
filing patent applications by alternative electronic means during a 
significant unplanned electronic business system outage, as designated 
by the Director of the USPTO. An application filed by the alternative 
electronic means prescribed in this notice during a designated 
significant unplanned electronic business system outage will be 
considered to have been filed by the USPTO's electronic filing system, 
and thus will not incur the fee required by section 10(h) of the Leahy-
Smith America Invents Act for a patent application not filed by the 
USPTO's electronic filing system.

DATES: 
    Applicability date: The alternative electronic filing procedures 
prescribed in this notice apply to patent applications filed from 
August 15, 2018 through and including August 23, 2018.

FOR FURTHER INFORMATION CONTACT: Eugenia A. Jones, Senior Legal 
Advisor, Office of Patent Legal Administration, at 571-272-7727, or 
Erin M. Harriman, Senior Legal Advisor, Office of Patent Legal 
Administration, at 571-272-7747.

SUPPLEMENTARY INFORMATION: The USPTO encourages applicants to file 
their patent applications via its electronic filing system (EFS-Web) 
and collects a fee as required by section 10(h) of the Leahy-Smith 
America Invents act for patent applications not filed by electronic 
means as prescribed by the Director. Information concerning electronic 
filing via EFS-Web is available from the EFS-Web landing page on the 
USPTO's internet website (https://www.uspto.gov/patents-application-process/applying-online/about-efs-web) and is discussed in section 
502.05 of the Manual of Patent Examining Procedure (MPEP).
    The USPTO periodically takes various electronic business systems 
off line (during non-business hours) to perform routine maintenance. 
The USPTO, however, also experiences occasional unplanned electronic 
business system outages. While the USPTO is typically able to restore 
its electronic business systems with sufficient time remaining in a day 
to permit patent applicants and patentees to file patent documents and 
fees via the electronic filing system on that day, the USPTO also 
experiences significant unplanned electronic business system outages 
that preclude patent applicants and patentees from filing patent 
documents and fees via the electronic filing system for a significant 
period of time. The USPTO experienced such a significant unplanned 
electronic business systems outage beginning on August 15, 2018. This 
notice prescribes a procedure for filing patent applications by 
electronic means during a designated significant unplanned electronic 
business system outage.
    The alternative electronic filing means prescribed in this notice 
is available only when there is a significant unplanned electronic 
business system outage that precludes patent applicants and patentees 
from filing patent documents and fees via the electronic filing system 
for a significant period of time, as designated by the Director of the 
USPTO (a ``designated significant unplanned electronic business system 
outage''). The unplanned electronic business systems outage beginning 
August 15, 2018 is designated as a significant unplanned electronic 
business system outage, and the alternative electronic filing means 
prescribed in this notice is available for patent applications filed 
from August 15, 2018 through and including August 23, 2018. The USPTO 
will post a notice on its internet website in the event of a future 
designated significant unplanned electronic business system outage, and 
indicate the dates during which the alternative electronic filing means 
prescribed in this notice are available due to such designated 
significant unplanned electronic business system outage.
    37 CFR 1.16(t) and 1.445(a)(1)(ii) implement section 10(h) of the 
Leahy-Smith America Invents Act, which requires an additional fee for 
each application for an original (i.e., nonreissue) patent, except for 
a design, plant, or provisional application, that is

[[Page 44265]]

not filed by electronic means as prescribed by the Director of the 
USPTO. An application filed by the alternative electronic filing means 
prescribed by this notice during a designated significant unplanned 
electronic business system outage will be treated as an application 
filed by electronic means for purposes of section 10(h) of the Leahy-
Smith America Invents Act (and by the USPTO's electronic filing system 
for purposes of 37 CFR 1.16(t) and 1.445(a)(1)(ii)). Thus, the non-
electronic filing fee set forth in 37 CFR 1.16(t) and 1.445(a)(1)(ii) 
is not required for an application filed by the alternative electronic 
filing means prescribed by this notice during a designated significant 
unplanned electronic business system outage. The application will also 
be treated as being filed by the USPTO's electronic filing system for 
purposes of calculation of the application size fee set forth in 37 CFR 
1.52(f)(2) and the reduced basic filing fee for small entities who file 
in compliance with the USPTO's electronic filing system (37 CFR 
1.16(a)). The application, however, will not be treated as being filed 
by the USPTO's electronic filing system for purposes of the electronic 
filing discount in the international filing fee (PCT Rule 15 and 37 CFR 
1.445(b)).\1\
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    \1\ The USPTO has no authority to treat an international 
application filed by the alternative electronic filing means 
prescribed by this notice as having been filed in the electronic 
format prescribed by the Administrative Instructions under the PCT 
for the electronic filing discount in the international filing fee 
or to waive the international filing fee.
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    The alternative electronic filing means during designated 
significant unplanned electronic business system outages is as follows: 
The applicant must file the patent application during a designated 
significant unplanned electronic business system outage by an 
alternative filing method permitted by 37 CFR 1.6, such as by the 
Priority Mail Express[supreg] service of the U.S. Postal Service under 
37 CFR 1.10 or hand delivery \2\ to the USPTO. See MPEP Sec.  502.05; 
see also Legal Framework for Electronic Filing System--Web (EFS-Web), 
74 FR 55200, 55204 (Oct. 27, 2009).\3\ Applicants are reminded that 
unless an application is filed by the Priority Mail Express[supreg] 
service of the U.S. Postal Service in accordance with 37 CFR 1.10, the 
filing date of the application will be the date on which the 
application is received at the USPTO headquarters in Alexandria, 
Virginia. See 37 CFR 1.6. In addition, a copy of the application must 
be filed via EFS-Web (or Patent Center \4\) no later than: (1) One 
month from the date a filing receipt \5\ is first issued for the 
application, and be accompanied by a request for refund, if the non-
electronic filing fee has been paid; or (2) the expiration of the 
period for reply to a notice requiring payment of the non-electronic 
filing fee (e.g., a notice to file missing parts under 37 CFR 1.53(f)) 
if the non-electronic filing fee has not been paid.
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    \2\ New patent applications hand carried to the USPTO must be 
delivered to the Customer Service Window in the Randolph Building, 
401 Dulany Street, Alexandria, Virginia 22314 (MPEP section 501).
    \3\ Applicants are reminded that applications filed under 37 CFR 
1.53 (except a design continued prosecution application (CPA) under 
37 CFR 1.53(d)), PCT international applications, and international 
design applications cannot be submitted by facsimile transmission. 
See 37 CFR 1.6(d).
    \4\ Patent Center is a new patent electronic filing and 
management system that is in development, and which will replace 
EFS-Web and the Patent Application Information and Retrieval (PAIR) 
system. Further information concerning Patent Center is available on 
the USPTO's internet website at https://www.uspto.gov/patent/initiatives/about-patent-center.
    \5\ The term ``filing receipt'' as used in this notice also 
includes a Notification of the International Application Number and 
of the International Filing Date (PCT/RO/105) in a PCT application.
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    The copy of the application filed via EFS-Web (or Patent Center) 
must be accompanied by a statement that it is a true copy of the 
original application as filed by the alternative filing method during 
the designated significant unplanned electronic business system outage. 
The copy of the application also must be filed via EFS-Web (or Patent 
Center) as a follow-on paper in the application, and not as a new 
application. If the copy of the application is filed via EFS-Web (or 
Patent Center) as a new application, the copy will be treated as a new 
application, and the application filed by an alternative filing method 
will not be treated as an application filed by the prescribed 
alternative electronic filing means. The copy of the application should 
not be filed until applicant has received either a filing receipt or 
other USPTO notice identifying the application number assigned to the 
application.

    Dated: August 27, 2018.
Andrei Iancu,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2018-18897 Filed 8-29-18; 8:45 am]
 BILLING CODE 3510-16-P