Extension of the Modified COVID-19 Prioritized Examination Pilot Program, 74406 [2021-28359]

Download as PDF 74406 Federal Register / Vol. 86, No. 248 / Thursday, December 30, 2021 / Notices non-containment traps and bycatch of non-target species is expected to be minimal. Bycatch from the spiny lobster traps are expected to be similar to that from the spiny lobster trap fishery in the South Atlantic. The applicant has requested the EFP be effective for a 2-year period from the date the EFP is issued. NMFS finds the application warrants further consideration based on a preliminary review. Possible conditions the agency may impose on the permit, if granted, include but are not limited to, a prohibition on conducting activities within marine protected areas, marine sanctuaries, or special management zones. Additionally, NMFS may require special protections for ESAlisted species and designated critical habitat, and may require particular gear markings. A final decision on issuance of the EFP will depend on NMFS’ review of public comments received on the application, consultations with the appropriate fishery management agency of the affected state, the South Atlantic Fishery Management Council, the U.S. Coast Guard, and a determination that the activities to be taken under the EFP are consistent with all applicable laws and regulations. Authority: 16 U.S.C 1801 et seq. Dated: December 27, 2021. Karen Abrams, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2021–28352 Filed 12–29–21; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No.: PTO–P–2021–0037] Extension of the Modified COVID–19 Prioritized Examination Pilot Program United States Patent and Trademark Office, Department of Commerce. ACTION: Notice. AGENCY: The United States Patent and Trademark Office (USPTO or Office) is extending the modified COVID–19 Prioritized Examination Pilot Program. Requests that are compliant with the pilot program’s requirements and are filed on or before March 31, 2022, will be accepted. The USPTO will evaluate whether to terminate or further extend the program during this extension period. khammond on DSKJM1Z7X2PROD with NOTICES SUMMARY: The COVID–19 Prioritized Examination Pilot Program is extended DATES: VerDate Sep<11>2014 17:19 Dec 29, 2021 Jkt 256001 as of December 30, 2021, to run until March 31, 2022. FOR FURTHER INFORMATION CONTACT: Robert A. Clarke, Editor of the Manual of Patent Examining Procedure (MPEP) (571–272–7735; robert.clarke@ uspto.gov). SUPPLEMENTARY INFORMATION: On May 14, 2020, the USPTO published a notice on the implementation of the COVID–19 Prioritized Examination Pilot Program. See COVID–19 Prioritized Examination Pilot Program, 85 FR 28932 (May 14, 2020) (COVID–19 Track One Notice). On September 3, 2021, the USPTO published a notice extending the program to December 31, 2021, and modifying it by removing the limit on the number of applications that could receive prioritized examination. See Modification of COVID–19 Prioritized Examination Pilot Program, 86 FR 49522 (September 3, 2021) (Modifying Notice). The COVID–19 Track One Notice indicated that an applicant may request prioritized examination without payment of the prioritized examination fee and associated processing fee if: (1) The application’s claim(s) covered a product or process related to COVID–19, (2) the product or process was subject to an applicable Food and Drug Administration (FDA) approval for COVID–19 use, and (3) the applicant met other requirements noted in the COVID–19 Track One Notice. As of November 29, 2021, 180 patents had issued from applications granted prioritized status under the pilot program. The average total pendency, including time consumed by continued examination, from filing date to issue date for those applications was 276 days. The shortest pendency from filing date to issue date for those applications was 75 days. The Modifying Notice indicated that the pilot program would expire on December 31, 2021. In this notice, the Office is extending the pilot program by setting the expiration date as March 31, 2022. The Office will evaluate whether to terminate or further extend the program during this extension period. If the USPTO determines that a further extension of the pilot program is appropriate, the agency will publish a subsequent notice to the public further extending the program. Unless the pilot program is further extended by a subsequent notice, following the expiration of this extension, the pilot program will be terminated, and applicants may instead seek to use the Prioritized Examination (Track One) Program. Applications accorded prioritized examination under the pilot program will not lose that PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 status merely because the application is still pending after the date the pilot program is terminated. In other words, applications accepted into the pilot program will continue to be examined under prioritized examination status until that status is terminated for one or more reasons, as described in the COVID–19 Track One Notice. The Track One Program permits an applicant to have an application advanced out of turn (accorded special status) for examination under 37 CFR 1.102(e) if the applicant timely files a request for prioritized (Track One) examination accompanied by the appropriate fees and meets the other conditions of 37 CFR 1.102(e). See MPEP 708.02(b)(2). The current fee schedule is available at www.uspto.gov/ learning-and-resources/fees-andpayment/uspto-fee-schedule. The Track One Program does not have the restrictions of the COVID–19 Prioritized Examination Pilot Program on the types of inventions for which special status may be sought, as the Track One Program does not require a connection to any particular technology. Moreover, delays associated with the determination of whether an application presents a claim that covers a product or process related to COVID–19 and whether the product or process was subject to an applicable FDA approval for COVID–19 use may be avoided under the Track One Program. Andrew Hirshfeld, Commissioner for Patents, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2021–28359 Filed 12–29–21; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF DEFENSE Department of the Army [Docket ID: USA–2021–HQ–0013] Submission for OMB Review; Comment Request Department of the Army, Department of Defense (DoD). ACTION: 30-Day information collection notice. AGENCY: The Department of Defense has submitted to OMB for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act. DATES: Consideration will be given to all comments received by January 31, 2022. SUMMARY: E:\FR\FM\30DEN1.SGM 30DEN1

Agencies

[Federal Register Volume 86, Number 248 (Thursday, December 30, 2021)]
[Notices]
[Page 74406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-28359]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No.: PTO-P-2021-0037]


Extension of the Modified COVID-19 Prioritized Examination Pilot 
Program

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice.

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SUMMARY: The United States Patent and Trademark Office (USPTO or 
Office) is extending the modified COVID-19 Prioritized Examination 
Pilot Program. Requests that are compliant with the pilot program's 
requirements and are filed on or before March 31, 2022, will be 
accepted. The USPTO will evaluate whether to terminate or further 
extend the program during this extension period.

DATES: The COVID-19 Prioritized Examination Pilot Program is extended 
as of December 30, 2021, to run until March 31, 2022.

FOR FURTHER INFORMATION CONTACT: Robert A. Clarke, Editor of the Manual 
of Patent Examining Procedure (MPEP) (571-272-7735; 
[email protected]).

SUPPLEMENTARY INFORMATION: On May 14, 2020, the USPTO published a 
notice on the implementation of the COVID-19 Prioritized Examination 
Pilot Program. See COVID-19 Prioritized Examination Pilot Program, 85 
FR 28932 (May 14, 2020) (COVID-19 Track One Notice). On September 3, 
2021, the USPTO published a notice extending the program to December 
31, 2021, and modifying it by removing the limit on the number of 
applications that could receive prioritized examination. See 
Modification of COVID-19 Prioritized Examination Pilot Program, 86 FR 
49522 (September 3, 2021) (Modifying Notice).
    The COVID-19 Track One Notice indicated that an applicant may 
request prioritized examination without payment of the prioritized 
examination fee and associated processing fee if: (1) The application's 
claim(s) covered a product or process related to COVID-19, (2) the 
product or process was subject to an applicable Food and Drug 
Administration (FDA) approval for COVID-19 use, and (3) the applicant 
met other requirements noted in the COVID-19 Track One Notice. As of 
November 29, 2021, 180 patents had issued from applications granted 
prioritized status under the pilot program. The average total pendency, 
including time consumed by continued examination, from filing date to 
issue date for those applications was 276 days. The shortest pendency 
from filing date to issue date for those applications was 75 days.
    The Modifying Notice indicated that the pilot program would expire 
on December 31, 2021. In this notice, the Office is extending the pilot 
program by setting the expiration date as March 31, 2022. The Office 
will evaluate whether to terminate or further extend the program during 
this extension period. If the USPTO determines that a further extension 
of the pilot program is appropriate, the agency will publish a 
subsequent notice to the public further extending the program.
    Unless the pilot program is further extended by a subsequent 
notice, following the expiration of this extension, the pilot program 
will be terminated, and applicants may instead seek to use the 
Prioritized Examination (Track One) Program. Applications accorded 
prioritized examination under the pilot program will not lose that 
status merely because the application is still pending after the date 
the pilot program is terminated. In other words, applications accepted 
into the pilot program will continue to be examined under prioritized 
examination status until that status is terminated for one or more 
reasons, as described in the COVID-19 Track One Notice.
    The Track One Program permits an applicant to have an application 
advanced out of turn (accorded special status) for examination under 37 
CFR 1.102(e) if the applicant timely files a request for prioritized 
(Track One) examination accompanied by the appropriate fees and meets 
the other conditions of 37 CFR 1.102(e). See MPEP 708.02(b)(2). The 
current fee schedule is available at www.uspto.gov/learning-and-resources/fees-and-payment/uspto-fee-schedule.
    The Track One Program does not have the restrictions of the COVID-
19 Prioritized Examination Pilot Program on the types of inventions for 
which special status may be sought, as the Track One Program does not 
require a connection to any particular technology. Moreover, delays 
associated with the determination of whether an application presents a 
claim that covers a product or process related to COVID-19 and whether 
the product or process was subject to an applicable FDA approval for 
COVID-19 use may be avoided under the Track One Program.

Andrew Hirshfeld,
Commissioner for Patents, Performing the Functions and Duties of the 
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2021-28359 Filed 12-29-21; 8:45 am]
BILLING CODE 3510-16-P