Sixth Extension of the Modified COVID-19 Prioritized Examination Pilot Program for Patent Applications, 9495 [2023-03216]
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Federal Register / Vol. 88, No. 30 / Tuesday, February 14, 2023 / Notices
of Rights 4 and the AI Risk Management
Framework 5 within the innovation
ecosystem?
9. What statutory changes, if any,
should be considered as to U.S.
inventorship law, and what
consequences do you foresee for those
statutory changes? For example:
a. Should AI systems be made eligible
to be listed as an inventor? Does
allowing AI systems to be listed as an
inventor promote and incentivize
innovation?
b. Should listing an inventor remain
a requirement for a U.S. patent?
10. Are there any laws or practices in
other countries that effectively address
inventorship for inventions with
significant contributions from AI
systems?
11. The USPTO plans to continue
engaging with stakeholders on the
intersection of AI and intellectual
property. What areas of focus (e.g.,
obviousness, disclosure, data
protection) should the USPTO prioritize
in future engagements?
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2023–03066 Filed 2–13–23; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO–P–2021–0037]
Sixth Extension of the Modified
COVID–19 Prioritized Examination Pilot
Program for Patent Applications
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice.
AGENCY:
To continue to support the
acceleration of innovations in the fight
against COVID–19 during the public
health emergency, the United States
Patent and Trademark Office (USPTO or
Office) is extending the modified
COVID–19 Prioritized Examination Pilot
Program, which provides prioritized
examination of certain patent
applications. Requests that are
compliant with the pilot program’s
requirements and are filed on or before
May 11, 2023, will be accepted.
DATES: The COVID–19 Prioritized
Examination Pilot Program is extended
ddrumheller on DSK120RN23PROD with NOTICES
SUMMARY:
4 See https://www.whitehouse.gov/ostp/ai-bill-ofrights/.
5 See https://www.nist.gov/itl/ai-riskmanagement-framework.
VerDate Sep<11>2014
20:12 Feb 13, 2023
Jkt 259001
as of February 14, 2023, to run until
May 11, 2023.
FOR FURTHER INFORMATION CONTACT: Raul
Tamayo, Senior Legal Advisor, Office of
Patent Legal Administration (571–272–
77285, raul.tamayo@uspto.gov).
SUPPLEMENTARY INFORMATION: In 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).
The pilot program was implemented to
support the acceleration of innovations
in the fight against COVID–19. 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 patent 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.
Since the COVID–19 Track One
Notice, the USPTO has modified the
pilot program by removing the limit on
the number of patent applications that
could receive prioritized examination
and extending the pilot program five
times through notices published in the
Federal Register. The most recent notice
(87 FR 78661, December 22, 2022)
extended the program until February 15,
2023.
As of January 9, 2023, 364 patents had
issued from applications granted
prioritized status under the pilot
program. The average total pendency for
those applications was 356 days. The
shortest pendency from filing date to
issue date for those applications was 75
days.
The USPTO is further extending the
pilot program by setting the expiration
date as May 11, 2023. The extension
aligns with the January 30, 2023,
announcement by the White House that
it plans to extend the public health
emergency to May 11, 2023, and then
end it on that date. See
www.whitehouse.gov/wp-content/
uploads/2023/01/SAP-H.R.-382-H.J.Res.-7.pdf.
Following the expiration of this
extension, the pilot program will be
terminated in favor of the Office
dedicating its resources to its other
prioritized examination programs.
Patent applicants interested in
expediting the prosecution of their
patent application may instead seek to
use the Prioritized Examination (Track
PO 00000
Frm 00070
Fmt 4703
Sfmt 4703
9495
One) Program. Patent 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 but will instead
retain 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 a patent 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
§ 708.02(b)(2) of the Manual of Patent
Examining Procedure (9th ed., rev.
10.2019, June 2020). The current
USPTO fee schedule is available at
www.uspto.gov/Fees.
The Track One Program does not have
the restrictions of the COVID–19
Prioritized Examination Pilot Program
regarding 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, under the Track
One Program, an applicant can avoid
delays associated with the
determination of whether a patent
application presents a claim that covers
a product or process related to COVID–
19 and whether the product or process
is subject to an applicable FDA approval
for COVID–19 use.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2023–03216 Filed 2–13–23; 8:45 am]
BILLING CODE 3510–16–P
COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
FEDERAL REGISTER CITATION OF PREVIOUS
ANNOUNCEMENT: 88 FR 8262, February 8,
2023.
PREVIOUSLY ANNOUNCED TIME AND DATE OF
THE MEETING: 1:00 p.m. EST,
Wednesday, February 15, 2023.
The place of
the meeting has changed. This meeting
will now take place virtually. The
meeting time and date, Closed status,
and matters to be considered, as
previously announced, remain
unchanged.
CHANGES IN THE MEETING:
CONTACT PERSON FOR MORE INFORMATION:
Christopher Kirkpatrick, 202–418–5964.
E:\FR\FM\14FEN1.SGM
14FEN1
Agencies
[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Notices]
[Page 9495]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03216]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No.: PTO-P-2021-0037]
Sixth Extension of the Modified COVID-19 Prioritized Examination
Pilot Program for Patent Applications
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: To continue to support the acceleration of innovations in the
fight against COVID-19 during the public health emergency, the United
States Patent and Trademark Office (USPTO or Office) is extending the
modified COVID-19 Prioritized Examination Pilot Program, which provides
prioritized examination of certain patent applications. Requests that
are compliant with the pilot program's requirements and are filed on or
before May 11, 2023, will be accepted.
DATES: The COVID-19 Prioritized Examination Pilot Program is extended
as of February 14, 2023, to run until May 11, 2023.
FOR FURTHER INFORMATION CONTACT: Raul Tamayo, Senior Legal Advisor,
Office of Patent Legal Administration (571-272-77285,
[email protected]).
SUPPLEMENTARY INFORMATION: In 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). The pilot program was
implemented to support the acceleration of innovations in the fight
against COVID-19. 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
patent 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.
Since the COVID-19 Track One Notice, the USPTO has modified the
pilot program by removing the limit on the number of patent
applications that could receive prioritized examination and extending
the pilot program five times through notices published in the Federal
Register. The most recent notice (87 FR 78661, December 22, 2022)
extended the program until February 15, 2023.
As of January 9, 2023, 364 patents had issued from applications
granted prioritized status under the pilot program. The average total
pendency for those applications was 356 days. The shortest pendency
from filing date to issue date for those applications was 75 days.
The USPTO is further extending the pilot program by setting the
expiration date as May 11, 2023. The extension aligns with the January
30, 2023, announcement by the White House that it plans to extend the
public health emergency to May 11, 2023, and then end it on that date.
See www.whitehouse.gov/wp-content/uploads/2023/01/SAP-H.R.-382-H.J.-Res.-7.pdf.
Following the expiration of this extension, the pilot program will
be terminated in favor of the Office dedicating its resources to its
other prioritized examination programs. Patent applicants interested in
expediting the prosecution of their patent application may instead seek
to use the Prioritized Examination (Track One) Program. Patent
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 but will instead
retain 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 a patent
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
Sec. 708.02(b)(2) of the Manual of Patent Examining Procedure (9th
ed., rev. 10.2019, June 2020). The current USPTO fee schedule is
available at www.uspto.gov/Fees.
The Track One Program does not have the restrictions of the COVID-
19 Prioritized Examination Pilot Program regarding 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, under the Track One Program, an applicant can avoid delays
associated with the determination of whether a patent application
presents a claim that covers a product or process related to COVID-19
and whether the product or process is subject to an applicable FDA
approval for COVID-19 use.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2023-03216 Filed 2-13-23; 8:45 am]
BILLING CODE 3510-16-P