Extension of Period To Allow Submission of a PDF With a Patent Application Filed in DOCX Format, 77812-77813 [2022-27366]
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Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
estimate because we assume all takes
are of different individual animals,
which is likely not the case. Some
individuals may be encountered
multiple times in a day, but PSOs would
count them as separate individuals if
they cannot be identified.
Based on the analysis contained
herein of the activity (including the
mitigation and monitoring measures)
and the anticipated take of marine
mammals, NMFS finds that small
numbers of marine mammals would be
taken relative to the population size of
the affected species or stocks.
Unmitigable Adverse Impact Analysis
and Determination
There are no relevant subsistence uses
of the affected marine mammal stocks or
species implicated by this action.
Therefore, NMFS has determined that
the total taking of affected species or
stocks would not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
lotter on DSK11XQN23PROD with NOTICES1
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our action
(i.e., the issuance of an IHA) with
respect to potential impacts on the
human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
determined that the issuance of the IHA
qualifies to be categorically excluded
from further NEPA review.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we authorize take for
endangered or threatened species, in
VerDate Sep<11>2014
18:41 Dec 19, 2022
Jkt 259001
this case with the ESA Interagency
Cooperation Division within NMFS’
OPR.
The NMFS Office of Protected
Resources (OPR) ESA Interagency
Cooperation Division issued a Biological
Opinion under section 7 of the ESA, on
the issuance of an IHA to NSF under
section 101(a)(5)(D) of the MMPA by the
NMFS OPR Permits and Conservation
Division. The Biological Opinion
concluded that the action is not likely
to jeopardize the continued existence of
ESA-listed blue whales, fin whales, sei
whales, and sperm whales. There is no
designated critical habitat in the action
area for any ESA-listed marine mammal
species.
Authorization
As a result of these determinations,
NMFS has issued an IHA to NSF for
conducting seismic survey and
icebreaking in the Ross Sea, in January
through February 2023, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated. The IHA can be found
at: https://www.fisheries.noaa.gov/
action/incidental-take-authorizationnational-science-foundation-officepolar-programs-geophysical.
Dated: December 14, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2022–27498 Filed 12–19–22; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO–P–2022–0002]
Extension of Period To Allow
Submission of a PDF With a Patent
Application Filed in DOCX Format
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice.
AGENCY:
The United States Patent and
Trademark Office (USPTO) is
continuing to modernize and streamline
its patent application systems to support
robust and reliable patent rights, speed
the issuance of patents, and reduce the
costs and barriers of global patent
protection. The submission of patent
applications in DOCX format facilitates
the USPTO’s ongoing efforts. The
USPTO recognizes that, during the
transition, some applicants have been
hesitant to file patent applications in
DOCX format. On April 28, 2022, the
USPTO announced that, for a temporary
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
period, ending on December 31, 2022, it
was providing patent applicants with
the option to submit an applicantgenerated PDF version of the
application along with the DOCX file(s)
when filing an application in Patent
Center. Based on stakeholder requests,
the USPTO is extending the temporary
period during which patent applicants
have the option to submit an applicantgenerated PDF of the application along
with the validated DOCX file(s) when
filing an application in Patent Center
through June 30, 2023. To encourage
greater adoption of DOCX so that the
USPTO can move forward with its other
modernization and harmonization
efforts, there is no change to the January
1, 2023, effective date of the non-DOCX
filing surcharge fee.
DATES: Duration: The option to submit
an applicant-generated PDF of a patent
application along with the DOCX file(s)
when filing an application in Patent
Center, as discussed in this notice, will
be available through June 30, 2023.
Fee applicability: The non-DOCX
filing surcharge fee set forth in 37 CFR
1.16(u) will go into effect on January 1,
2023.
FOR FURTHER INFORMATION CONTACT:
Mark O. Polutta, Senior Legal Advisor,
Office of Patent Legal Administration, at
571–272–7709; or Eugenia A. Jones,
Senior Legal Advisor, Office of Patent
Legal Administration, at 571–272–7727.
For technical questions about
submitting documents in DOCX format,
please contact the Patent Electronic
Business Center (EBC) at 1–877–217–
9197 (toll-free), 571–272–4100 (local), or
ebc@uspto.gov. The EBC is open from 6
a.m. to midnight ET, Monday–Friday.
SUPPLEMENTARY INFORMATION: Filing in
DOCX format eliminates the need for
patent applicants to convert structured
text to PDF format, improves patent
application quality by providing
content-based validations prior to
submission, provides automated
document indexing, allows for future
reuse of content, and improves
searching for patent applications. It is
also necessary for planned, upcoming
USPTO efforts to automate more of the
patent application process, including
through pre-examination of applications
to put applications in better shape
before they are examined by a patent
examiner. It is also critical to reducing
barriers and costs affiliated with global
intellectual property (IP) protection by
ensuring that the different IP systems
can communicate, electronically, with
one another.
The USPTO appreciates the feedback
and support from its stakeholders,
including those who have switched to
E:\FR\FM\20DEN1.SGM
20DEN1
lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 87, No. 243 / Tuesday, December 20, 2022 / Notices
filing patent applications in DOCX
format. The feedback from stakeholders
during this transition to a DOCX system
has been extremely helpful to the
USPTO in improving its systems. The
USPTO is no longer seeing any errors
being reported as a result of filing patent
applications in DOCX format when
applicants follow the guidance provided
by the USPTO.
The USPTO recognizes that, during
the transition, some applicants have
been hesitant to file patent applications
in DOCX format for fear that certain
technical information including
formulas might not be accurately
reflected in the DOCX version.
Accordingly, in April 2022, the USPTO
announced that, for a period of time
ending December 31, 2022, it was
providing patent applicants with the
option to submit a back-up applicantgenerated PDF version of the
application along with the DOCX file(s)
when filing an application in Patent
Center. See Filing Patent Applications
in DOCX Format, 87 FR 25226 (Apr. 28,
2022). The USPTO believed that the
initial period would encourage
applicants to file in DOCX while
ensuring that if any discrepancies were
discovered, the back-up version could
be used to correct the discrepancies. As
with the DOCX version of the
application, the applicant-generated
PDF version also becomes part of the
official record.
The USPTO expresses its gratitude to
those who have used DOCX during this
period and have reported any
discrepancies. That effort allowed the
USPTO to engage in enhanced testing of
its information technology systems, and
improve its guidance, as more users
filed in DOCX. Even though the USPTO
is no longer receiving discrepancy
reports from those who file in DOCX
following the USPTO’s guidance, based
on stakeholder requests, the USPTO is
extending the temporary period to
submit applicant-generated PDFs
through June 30, 2023.
The USPTO reminds applicants that
the option to submit an applicantgenerated PDF version of the
application is not available for
applications filed via EFS-Web. The
agency anticipates that more applicants
will begin filing applications in DOCX
format once the non-DOCX filing
surcharge fee becomes effective on
January 1, 2023. Nevertheless, extending
the temporary period during which
patent applicants have the option to
submit an applicant-generated PDF of
the application along with the validated
DOCX file(s) through June 30, 2023, will
provide applicants additional time to
gain confidence in the reliability and
VerDate Sep<11>2014
18:41 Dec 19, 2022
Jkt 259001
accuracy of the USPTO system when
filing applications in DOCX format and
safeguard the applicant should any
conversion discrepancies take place.
Applicants are also reminded that they
can file test submissions through Patent
Center training mode to practice filing
in DOCX. Information on filing
application documents in DOCX and a
link to the DOCX training sessions are
available at www.uspto.gov/patents/
docx.
As discussed in the notice published
on April 28, 2022, patent applicants
who choose to submit an applicantgenerated PDF with the validated DOCX
file(s) when filing an application in
Patent Center during the temporary
period will not have to pay additional
fees, such as an application size fee, as
a result of filing the applicant-generated
PDF, and, on petition, will be able to
rely on the applicant-generated PDF if a
discrepancy occurs during the filing
process. To avoid incurring additional
fees for the PDF, applicants must follow
the process for submitting an applicantgenerated PDF (Auxiliary PDF) set forth
in the quick reference guide available at
www.uspto.gov/sites/default/files/
documents/Aux_PDF_QRG_Final_
2022.docx. The USPTO will continue to
waive the petition fee under 37 CFR
1.17(f) for a petition under 37 CFR 1.182
that relies on an applicant-generated
PDF that was filed in Patent Center
during the temporary period as the
source to make a correction to the
record. The USPTO will include the
applicant-generated PDF in any certified
copy of the application as filed, if the
applicant-generated PDF remains part of
the official record when applicant’s
request is processed. After the
expiration of the temporary period (June
30, 2023), patent applicants who submit
an applicant-generated PDF with the
validated DOCX file(s) will need to pay
the non-DOCX filing surcharge fee and
any other additional fees, such as an
application size fee, as a result of filing
the applicant-generated PDF.
As a reminder, the USPTO published
a final rule in the Federal Register that
included a new non-DOCX filing
surcharge fee, set forth in 37 CFR
1.16(u), with an effective date of January
1, 2022. See Setting and Adjusting
Patent Fees During Fiscal Year 2020, 85
FR 46932 (Aug. 3, 2020). The USPTO
later announced it was delaying the
effective date of this fee until January 1,
2023. See Setting and Adjusting Patent
Fees During Fiscal Year 2020, 86 FR
66192 (Nov. 22, 2021). The effective
date of the non-DOCX filing surcharge
fee now set forth in 37 CFR 1.16(u) is
not being delayed. The non-DOCX filing
surcharge fee, which applies only to
PO 00000
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Fmt 4703
Sfmt 4703
77813
non-reissue (original), nonprovisional
utility applications filed under 35
U.S.C. 111, including continuing
applications, will become effective on
January 1, 2023. Small and micro-entity
discounts will apply.
For more information regarding the
filing of an applicant-generated PDF in
Patent Center, including the options
available for making corrections to the
record, please see Filing Patent
Applications in DOCX Format, 87 FR
25226 (Apr. 28, 2022).
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2022–27366 Filed 12–19–22; 8:45 am]
BILLING CODE 3510–16–P
DEFENSE NUCLEAR FACILITIES
SAFETY BOARD
Sunshine Act Meetings
1:30 p.m.–3 p.m.,
January 5, 2023.
PLACE: Defense Nuclear Facilities Safety
Board, 625 Indiana Avenue NW, Suite
700, Washington, DC 20004.
STATUS: Closed. During the closed
meeting, the Board Members will
discuss issues dealing with potential
Recommendations to the Secretary of
Energy. The Board is invoking the
exemption to close a meeting described
in 5 U.S.C. 552b(c)(3) and 10 CFR
1704.4(c). The Board has determined
that it is necessary to close the meeting
since conducting an open meeting is
likely to disclose matters that are
specifically exempted from disclosure
by statute. In this case, the deliberations
will pertain to potential Board
Recommendations which, under 42
U.S.C. 2286d(b) and (h)(3), may not be
made publicly available until after they
have been received by the Secretary of
Energy or the President, respectively.
MATTERS TO BE CONSIDERED: The meeting
will proceed in accordance with the
closed meeting agenda which is posted
on the Board’s public website at
www.dnfsb.gov. Technical staff may
present information to the Board. The
Board Members are expected to conduct
deliberations regarding potential
Recommendations to the Secretary of
Energy.
CONTACT PERSON FOR MORE INFORMATION:
Tara Tadlock, Associate Director for
Board Operations, Defense Nuclear
Facilities Safety Board, 625 Indiana
Avenue NW, Suite 700, Washington, DC
20004–2901, (800) 788–4016. This is a
toll-free number.
TIME AND DATE:
E:\FR\FM\20DEN1.SGM
20DEN1
]]>Agencies
[Federal Register Volume 87, Number 243 (Tuesday, December 20, 2022)]
[Notices]
[Pages 77812-77813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27366]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2022-0002]
Extension of Period To Allow Submission of a PDF With a Patent
Application Filed in DOCX Format
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO) is
continuing to modernize and streamline its patent application systems
to support robust and reliable patent rights, speed the issuance of
patents, and reduce the costs and barriers of global patent protection.
The submission of patent applications in DOCX format facilitates the
USPTO's ongoing efforts. The USPTO recognizes that, during the
transition, some applicants have been hesitant to file patent
applications in DOCX format. On April 28, 2022, the USPTO announced
that, for a temporary period, ending on December 31, 2022, it was
providing patent applicants with the option to submit an applicant-
generated PDF version of the application along with the DOCX file(s)
when filing an application in Patent Center. Based on stakeholder
requests, the USPTO is extending the temporary period during which
patent applicants have the option to submit an applicant-generated PDF
of the application along with the validated DOCX file(s) when filing an
application in Patent Center through June 30, 2023. To encourage
greater adoption of DOCX so that the USPTO can move forward with its
other modernization and harmonization efforts, there is no change to
the January 1, 2023, effective date of the non-DOCX filing surcharge
fee.
DATES: Duration: The option to submit an applicant-generated PDF of a
patent application along with the DOCX file(s) when filing an
application in Patent Center, as discussed in this notice, will be
available through June 30, 2023.
Fee applicability: The non-DOCX filing surcharge fee set forth in
37 CFR 1.16(u) will go into effect on January 1, 2023.
FOR FURTHER INFORMATION CONTACT: Mark O. Polutta, Senior Legal Advisor,
Office of Patent Legal Administration, at 571-272-7709; or Eugenia A.
Jones, Senior Legal Advisor, Office of Patent Legal Administration, at
571-272-7727.
For technical questions about submitting documents in DOCX format,
please contact the Patent Electronic Business Center (EBC) at 1-877-
217-9197 (toll-free), 571-272-4100 (local), or [email protected]. The EBC
is open from 6 a.m. to midnight ET, Monday-Friday.
SUPPLEMENTARY INFORMATION: Filing in DOCX format eliminates the need
for patent applicants to convert structured text to PDF format,
improves patent application quality by providing content-based
validations prior to submission, provides automated document indexing,
allows for future reuse of content, and improves searching for patent
applications. It is also necessary for planned, upcoming USPTO efforts
to automate more of the patent application process, including through
pre-examination of applications to put applications in better shape
before they are examined by a patent examiner. It is also critical to
reducing barriers and costs affiliated with global intellectual
property (IP) protection by ensuring that the different IP systems can
communicate, electronically, with one another.
The USPTO appreciates the feedback and support from its
stakeholders, including those who have switched to
[[Page 77813]]
filing patent applications in DOCX format. The feedback from
stakeholders during this transition to a DOCX system has been extremely
helpful to the USPTO in improving its systems. The USPTO is no longer
seeing any errors being reported as a result of filing patent
applications in DOCX format when applicants follow the guidance
provided by the USPTO.
The USPTO recognizes that, during the transition, some applicants
have been hesitant to file patent applications in DOCX format for fear
that certain technical information including formulas might not be
accurately reflected in the DOCX version. Accordingly, in April 2022,
the USPTO announced that, for a period of time ending December 31,
2022, it was providing patent applicants with the option to submit a
back-up applicant-generated PDF version of the application along with
the DOCX file(s) when filing an application in Patent Center. See
Filing Patent Applications in DOCX Format, 87 FR 25226 (Apr. 28, 2022).
The USPTO believed that the initial period would encourage applicants
to file in DOCX while ensuring that if any discrepancies were
discovered, the back-up version could be used to correct the
discrepancies. As with the DOCX version of the application, the
applicant-generated PDF version also becomes part of the official
record.
The USPTO expresses its gratitude to those who have used DOCX
during this period and have reported any discrepancies. That effort
allowed the USPTO to engage in enhanced testing of its information
technology systems, and improve its guidance, as more users filed in
DOCX. Even though the USPTO is no longer receiving discrepancy reports
from those who file in DOCX following the USPTO's guidance, based on
stakeholder requests, the USPTO is extending the temporary period to
submit applicant-generated PDFs through June 30, 2023.
The USPTO reminds applicants that the option to submit an
applicant-generated PDF version of the application is not available for
applications filed via EFS-Web. The agency anticipates that more
applicants will begin filing applications in DOCX format once the non-
DOCX filing surcharge fee becomes effective on January 1, 2023.
Nevertheless, extending the temporary period during which patent
applicants have the option to submit an applicant-generated PDF of the
application along with the validated DOCX file(s) through June 30,
2023, will provide applicants additional time to gain confidence in the
reliability and accuracy of the USPTO system when filing applications
in DOCX format and safeguard the applicant should any conversion
discrepancies take place. Applicants are also reminded that they can
file test submissions through Patent Center training mode to practice
filing in DOCX. Information on filing application documents in DOCX and
a link to the DOCX training sessions are available at www.uspto.gov/patents/docx.
As discussed in the notice published on April 28, 2022, patent
applicants who choose to submit an applicant-generated PDF with the
validated DOCX file(s) when filing an application in Patent Center
during the temporary period will not have to pay additional fees, such
as an application size fee, as a result of filing the applicant-
generated PDF, and, on petition, will be able to rely on the applicant-
generated PDF if a discrepancy occurs during the filing process. To
avoid incurring additional fees for the PDF, applicants must follow the
process for submitting an applicant-generated PDF (Auxiliary PDF) set
forth in the quick reference guide available at www.uspto.gov/sites/default/files/documents/Aux_PDF_QRG_Final_2022.docx. The USPTO will
continue to waive the petition fee under 37 CFR 1.17(f) for a petition
under 37 CFR 1.182 that relies on an applicant-generated PDF that was
filed in Patent Center during the temporary period as the source to
make a correction to the record. The USPTO will include the applicant-
generated PDF in any certified copy of the application as filed, if the
applicant-generated PDF remains part of the official record when
applicant's request is processed. After the expiration of the temporary
period (June 30, 2023), patent applicants who submit an applicant-
generated PDF with the validated DOCX file(s) will need to pay the non-
DOCX filing surcharge fee and any other additional fees, such as an
application size fee, as a result of filing the applicant-generated
PDF.
As a reminder, the USPTO published a final rule in the Federal
Register that included a new non-DOCX filing surcharge fee, set forth
in 37 CFR 1.16(u), with an effective date of January 1, 2022. See
Setting and Adjusting Patent Fees During Fiscal Year 2020, 85 FR 46932
(Aug. 3, 2020). The USPTO later announced it was delaying the effective
date of this fee until January 1, 2023. See Setting and Adjusting
Patent Fees During Fiscal Year 2020, 86 FR 66192 (Nov. 22, 2021). The
effective date of the non-DOCX filing surcharge fee now set forth in 37
CFR 1.16(u) is not being delayed. The non-DOCX filing surcharge fee,
which applies only to non-reissue (original), nonprovisional utility
applications filed under 35 U.S.C. 111, including continuing
applications, will become effective on January 1, 2023. Small and
micro-entity discounts will apply.
For more information regarding the filing of an applicant-generated
PDF in Patent Center, including the options available for making
corrections to the record, please see Filing Patent Applications in
DOCX Format, 87 FR 25226 (Apr. 28, 2022).
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2022-27366 Filed 12-19-22; 8:45 am]
BILLING CODE 3510-16-P
