Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Prosecution Highway (PPH) Program, 20123-20126 [2021-07857]
Download as PDF
20123
Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Notices
TABLE 2—TOTAL HOURLY BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS
Item No.
Estimated
annual
respondents
Item
1 ...........................
2 ...........................
Total ..............
Trademark Assignment System
(ETAS) (PTO–1594).
Patent
Assignment
System
(EPAS) (PTO–1595).
....................................................
Estimated
annual
responses
(year)
Estimated time
for response
(hour)
Estimated
annual burden
(hours/year)
Rate 2
($/hour)
Estimated
annual
burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
23,989
23,989
0.5 (30 minutes) .........
11,995
$273
$3,274,635
235,962
235,962
0.5 (30 minutes) .........
117,981
273
32,208,813
259,951
259,951
.....................................
129,976
........................
35,483,448
2 2019
Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA);
https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour.
The hourly rate for paraprofessional/paralegals is estimated at $145 from data published in the 2018 Utilization and Compensation Survey by the National Association
of Legal Assistants (NALA); https://www.nala.org/paralegals/research-and-survey-findings. The USPTO estimates that the combined rate for respondents will be approximately $273 per hour.
Estimated Total Annual Cost Burden
(Non-Hourly): $3,968,076. This
information collection has annual (nonhour) costs in the form of filing fees and
postage costs.
Filing Fees
The filing fee for submitting a nonelectronic patent assignment as
indicated by 37 CFR 1.21(h) is $50 per
property for recording each document,
while the filing fee for submitting a
trademark assignment as indicated by
37 CFR 2.6(b)(6) is $40.00 for recording
the first property in a document and
$25.00 for each additional property in
the same document. The USPTO
estimates that the average fee for a
trademark assignment recordation
request is approximately $65.00.
Therefore, this information collection
has an estimated total of $3,969,795 in
filing fees per year.
TABLE 3—FILING FEES
Item No.
Item
Estimated
cost
Estimated
non-hour
cost burden
(a)
(b)
(a) × (b) = (c)
1 ........................
2 ........................
4 ........................
Patent Recordation Form Cover Sheet (PTO–1595) ...................................
Trademark Recordation Form Cover Sheet (PTO–1594) ............................
Electronic Trademark Assignment System (ETAS) (PTO–1594) ................
1,351
1,050
58,923
$50
65
65
$67,550
68,250
3,829,995
....................
Total ..............................................................................................................
........................
........................
3,965,795
Postage Costs
Customers may incur postage costs
when submitting a patent or trademark
assignment request to the USPTO by
mail. The Patent and Trademark
Recordation Cover Sheets can be
submitted by mail, for a total of 2,401
mailed submissions. The average
postage cost for a mailed Patent or
Trademark Recordation Form Cover
Sheet is $0.95, resulting in a total
postage cost of $2,281 per year for this
information collection.
IV. Request for Comments
jbell on DSKJLSW7X2PROD with NOTICES
Estimated
annual
responses
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,
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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
PO 00000
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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. 2021–07854 Filed 4–15–21; 8:45 am]
BILLING CODE 3510–16–P
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
United States Patent and
Trademark Office, Department of
Commerce.
AGENCY:
E:\FR\FM\16APN1.SGM
16APN1
20124
Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Notices
Notice of information collection;
request for comment.
ACTION:
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: InformationCollection@
uspto.gov. Include ‘‘0651–0058
comment’’ in the subject line of the
message.
• Federal Rulemaking Portal: https://
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 Parikha.Mehta@
USPTO.GOV. Additional information
about this information collection is also
available at https://www.reginfo.gov
under ‘‘Information Collection Review.’’
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
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
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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
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Sfmt 4703
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: $5,672,000.
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Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Notices
TABLE 1—TOTAL HOURLY BURDEN FOR PRIVATE SECTOR RESPONDENTS
Item
No.
1 .........
2 .........
3 .........
4 .........
5 .........
6 .........
7 .........
8 .........
9 .........
Estimated
annual
respondents
Item
Estimated
annual
responses
(year)
Estimated
time for
response
(hours)
Estimated
annual
burden
(hour/year)
Rate 1
($/hour)
Estimated
annual
burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
Request for Participation in the Global/IP5 PPH Pilot Program in the USPTO (PTO/SB/20GLBL).
Request for Participation in the PPH Program Between the
Brazilian National Institute of Industrial Property (INPI) and
the USPTO (PTO/SB/20BR).
Request for Participation in the PPH Program Between the
Industrial Property Office of the Czech Republic (IPOCZ)
and the USPTO (PTO/SB/20CZ).
Request for Participation in the PPH Program Between the
Mexican Institute of Industrial Property (TMPI) and the
USPTO (PTO/SB/20MX).
Request for Participation in the PPH Program Between the
Nicaraguan Registry of Intellectual Property (NRIP) and the
USPTO (PTO/SB/20NI).
Request for Participation in the PPH Program Between the
Intellectual Property Office of the Philippines (IPOPH) and
the USPTO (PTO/SB/20PH).
Request for Participation in the PPH Program Between the
Romanian State Office of Inventions and Trademarks
(OSIM) and the USPTO (PTO/SB/20RO).
Request for 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).
Request for Participation in the PPH Program Between the
Taiwan Intellectual Property Office (TIPO) and the USPTO
(PTO/SB/20TW).
3,255
6,510
*2
13,020
$400
$5,208,000
9
9
*2
18
400
7,200
4
4
*2
8
400
3,200
4
4
*2
8
400
3,200
4
4
*2
8
400
3,200
4
4
*2
8
400
3,200
4
4
*2
8
400
3,200
4
4
*2
8
400
3,200
23
46
*2
92
400
36,800
Total ...................................................................................
3,311
6,589
....................
13,178
....................
5,271,200
* (120 minutes).
1 2019 Report of the Economic Survey from the Law Practice Management Committee of the American Intellectual Property Law Association (AIPLA). https://
www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey.
TABLE 2—TOTAL HOURLY BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS
Item
No.
1 .........
2 .........
3 .........
4 .........
5 .........
6 .........
7 .........
8 .........
jbell on DSKJLSW7X2PROD with NOTICES
9 .........
Estimated
annual
respondents
Item
Estimated
annual
responses
(year)
Estimated
time for
response
(hours)
Estimated
annual
burden
(hour/year)
Rate 2
($/hour)
Estimated
annual
burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
Request for Participation in the Global/IP5 PPH Pilot Program in the USPTO (PTO/SB/20GLBL).
Request for Participation in the PPH Program Between the
Brazilian National Institute of Industrial Property (INPI) and
the USPTO (PTO/SB/20BR).
Request for Participation in the PPH Program Between the
Industrial Property Office of the Czech Republic (IPOCZ)
and the USPTO (PTO/SB/20CZ).
Request for Participation in the PPH Program Between the
Mexican Institute of Industrial Property (TMPI) and the
USPTO (PTO/SB/20MX).
Request for Participation in the PPH Program Between the
Nicaraguan Registry of Intellectual Property (NRIP) and the
USPTO (PTO/SB/20NI).
Request for Participation in the PPH Program Between the
Intellectual Property Office of the Philippines (IPOPH) and
the USPTO (PTO/SB/20PH).
Request for Participation in the PPH Program Between the
Romanian State Office of Inventions and Trademarks
(OSIM) and the USPTO (PTO/SB/20RO).
Request for 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).
Request for Participation in the PPH Program Between the
Taiwan Intellectual Property Office (TIPO) and the USPTO
(PTO/SB/20TW).
245
490
*2
980
$400
$392,000
1
1
*2
2
400
800
1
1
*2
2
400
800
1
1
*2
2
400
800
1
1
*2
2
400
800
1
1
*2
2
400
800
1
1
*2
2
400
800
1
1
*2
2
400
800
4
4
*2
8
400
3,200
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
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E:\FR\FM\16APN1.SGM
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20126
Federal Register / Vol. 86, No. 72 / Friday, April 16, 2021 / Notices
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.
jbell on DSKJLSW7X2PROD with NOTICES
[FR Doc. 2021–07857 Filed 4–15–21; 8:45 am]
19:57 Apr 15, 2021
Patent and Trademark Office
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Public Search Facility User ID
and Badging
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of information collection;
request for comment.
AGENCY:
The United States Patent and
Trademark Office (USPTO), as required
by the Paperwork Reduction Act of
1995, invites comments on the
extension and revision of an existing
information collection: 0651–0041
(Public Search Facility User ID and
Badging). 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: InformationCollection@
uspto.gov. Include ‘‘0651–0041
comment’’ in the subject line of the
message.
• Federal Rulemaking Portal: https://
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:
Requests for additional information
should be directed to Terry Howard,
Manager, Public Search Facility, United
States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313–
1450; by telephone at 571–272–3258; or
by email to Terry.Howard@uspto.gov.
Additional information about this
information collection is also available
at https://www.reginfo.gov under
‘‘Information Collection Review.’’
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Abstract
The United States Patent and
Trademark Office (USPTO) is required
by 35 U.S.C. 41(i)(1) to maintain a
Public Search Facility to make
publically accessible USPTO patent and
BILLING CODE 3510–16–P
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DEPARTMENT OF COMMERCE
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trademark collections for search and
retrieval. The Public Search Facility is
located in a publicly accessible portion
of USPTO headquarters in Alexandria,
Virginia, and offers the public access to
the collection’s paper, microfilm, and
electronic files and trained staff to assist
users with searches. The USPTO also
offers training courses to assist users
with the advanced electronic search
systems available at the facility.
This information collection covers
information collected in applications
required for those members of the
public who wish to use the electronic
search systems at the Public Search
Facility to establish a USPTO online
access account, and to obtain, renew, or
replace online access accounts. The
public may apply for an online access
account at the Public Search Facility
reference desk by providing the
necessary information and proper
identification. The access account
includes a bar-coded user number and
an expiration date. Users may renew
their account by validating and
updating the required information and
may obtain a replacement for a lost
account information by providing
proper identification. Users who wish to
register for the voluntary training
courses may do so by completing the
appropriate form.
This information collection also
covers information in applications to
establish, renew, or replace security
identification badges issued, under the
authority provided in 41 CFR part 102–
81, to members of the public who wish
to access the Public Search Facility.
Users may apply for a security badge inperson at the USPTO Security Office by
providing the necessary information and
presenting a valid form of identification
with photograph. The security badges
include a color photograph of the user
and must be worn at all times while at
the USPTO facilities.
II. Methods of Collection
Items in this information collection
must be submitted in-person; including
the security badges and account
requests. Requests for training may be
submitted in-person, online, or through
the mail.
III. Data
OMB Number: 0651–0041.
Form Number(s):
• PTO–2030 (Application for Public
User ID)
• PTO–2224 (Security Identification
Badges for Public Users)
Type of Review: Extension and
revision of a currently approved
information collection.
E:\FR\FM\16APN1.SGM
16APN1
Agencies
[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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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: https://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 https://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]
BILLING CODE 3510-16-P