Setting and Adjusting Patent Fees During Fiscal Year 2020, 36956-36958 [2023-11917]
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36956
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
TABLE—DATES AND TIMES OF ENFORCEMENT OF 33 CFR 165.1315 SAFETY ZONES AT VARIOUS LOCATIONS WITHIN THE
SECTOR COLUMBIA RIVER CAPTAIN OF THE PORT ZONE IN 2023
Event name
Event location
Date of event
Tri-City Chamber of Commerce Fireworks/
River of Fire Festival.
City of St. Helens 4th of July Fireworks ....
Toledo Summer Festival ............................
Westport 4th of July ...................................
Garibaldi Days Fireworks ...........................
Bald Eagle Days ........................................
Kennewick, WA ..............
St. Helens, OR ...............
Toledo, OR .....................
Westport, WA .................
Garibaldi, OR ..................
Cathlamet, WA ...............
All coordinates listed in the Table
reference Datum NAD 1983.
During the enforcement periods, as
reflected in § 165.1315(a), persons and
vessels are prohibited from being in the
regulated areas unless authorized by the
Captain of the Port Sector Columbia
River or a designated representative. In
addition to this notice of enforcement in
the Federal Register, the Coast Guard
will provide notification of these
enforcement periods via the Local
Notice to Mariners and Broadcast notice
to mariners.
Dated: May 30, 2023.
J.W. Noggle,
Captain, U.S. Coast Guard, Captain of the
Port Sector Columbia River.
[FR Doc. 2023–11919 Filed 6–5–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0381]
Safety Zones; Fireworks Displays in
the Fifth Coast Guard District—Beach
Haven, NJ
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
the Little Egg Harbor, Parker Island, NJ;
Safety Zone on July 4, 2023, or on a rain
date of July 5, 2023, to provide for the
safety of life on navigable waterways
during a barge-based fireworks display.
Our regulation for marine events within
the Fifth Coast Guard District identifies
the boundaries of the regulated area.
During the enforcement period, no
person or vessel may enter, remain in,
or transit through the regulated area,
and anyone in the vicinity must comply
with directions from the Patrol
Commander or any Official Patrol
displaying a Coast Guard ensign.
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SUMMARY:
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Latitude
Longitude
July 4, 2023 9:30 to 11 p.m .........
46°13′37″ N
119°08′47″ W
July
July
July
July
July
45°51′54″
44°37′08″
46°54′17″
45°33′13″
46°12′14″
122°47′26″
123°56′24″
124°05′59″
123°54′56″
123°23′17″
4, 2023 9:30 to 11 p.m .........
15, 2023 9:30 to 11 p.m .......
4, 2023 9:30 to 11 p.m .........
22, 2023 9:30 to 11 p.m .......
15, 2023 9:30 to 11 p.m .......
The portion of the regulation 33
CFR 165.506 for Parker Island, NJ, as
identified in entry 7 of table 1 to
paragraph (h)(1), will be enforced from
9 p.m. through 10 p.m. on July 4, 2023,
or on a rain date of July 5, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, you may call or email
Petty Officer Dylan Caikowski, U.S.
Coast Guard, Sector Delaware Bay,
Waterways Management Division,
telephone 215–271–4814, email
SecDelBayWWM@uscg.mil.
SUPPLEMENTARY INFORMATION:
The Coast Guard will enforce the
safety zone in table 1 to paragraph (h)(1)
to 33 CFR 165.506, entry No. 7 for a
barge-based fireworks display from 9
p.m. through 10 p.m. on July 4, 2023, or
on a rain date of July 5, 2023. This
action is necessary to ensure safety of
life on the navigable waters of the
United States immediately prior to,
during, and immediately after a
fireworks display. Our regulation for
safety zones of fireworks displays
within the Fifth Coast Guard District,
table 1 to paragraph (h)(1) to 33 CFR
165.506, entry 7 specifies the location of
the regulated area as all waters of Little
Egg Harbor within a 500-yard radius of
the fireworks barge position. The
approximate position for the barge is
latitude 39°34′18.77″ N, longitude
074°14′36.2″ W. During the enforcement
period, as reflected in § 165.506(d),
vessels may not enter, remain in, or
transit through the safety zone unless
authorized by the Captain of the Port or
designated Coast Guard patrol personnel
on-scene.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard will provide notification of
this enforcement period via Local
Notice to Mariners and Broadcast Notice
to Mariners.
DATES:
Dated: May 30, 2023.
Jonathan D. Theel,
Captain, U.S. Coast Guard Captain of the
Port Delaware Bay.
[FR Doc. 2023–12024 Filed 6–5–23; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No.: PTO–P–2018–0031]
RIN 0651–AD31
Setting and Adjusting Patent Fees
During Fiscal Year 2020
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Final rule; delay of effective
date and final rule.
AGENCY:
The United States Patent and
Trademark Office (USPTO) published a
final rule in the Federal Register on
August 3, 2020, that includes a fee for
patent applications that are not filed in
the DOCX format, except for design,
plant, or provisional applications. The
effective date of this new fee was most
recently delayed in a final rule
published in the Federal Register on
March 27, 2023, and was scheduled to
become effective on June 30, 2023.
Through this final rule, the USPTO is
delaying the effective date of this fee
until January 17, 2024.
DATES: This final rule is effective on
January 17, 2024. As of June 6, 2023, the
effective date of amendatory instruction
2.i. (affecting 37 CFR 1.16(u)), published
at 85 FR 46932 on August 3, 2020; and
delayed at 86 FR 66192 on November
22, 2021, and at 87 FR 80073 on
December 29, 2022; and as further
amended at 88 FR 17147 on March 22,
2023; and thereafter delayed at 88 FR
18052 on March 27, 2023, is further
delayed until January 17, 2024. The
change to 37 CFR 1.16(u) in amendatory
instruction 2.i., published at 85 FR
46932 on August 3, 2020, is applicable
only to nonprovisional utility
applications filed under 35 U.S.C. 111
for an original patent on or after January
17, 2024.
FOR FURTHER INFORMATION CONTACT:
Mark O. Polutta, Senior Legal Advisor,
Office of Patent Legal Administration, at
SUMMARY:
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Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
571–272–7709; or Eugenia A. Jones,
Senior Legal Advisor, Office of Patent
Legal Administration, at 571–272–7727.
You can also send inquiries to
patentpractice@uspto.gov.
SUPPLEMENTARY INFORMATION: On August
3, 2020, the USPTO published a final
rule in the Federal Register that
included a new fee set forth in § 1.16(u)
with an effective date of January 1,
2022. See Setting and Adjusting Patent
Fees During Fiscal Year 2020, 85 FR
46932. As specified in § 1.16(u), the fee
is due for any application filed under 35
U.S.C. 111 for an original patent—
except design, plant, or provisional
applications—where the specification,
claims, and/or abstract do not conform
to the USPTO requirements for
submission in the DOCX format.
Therefore, the fee is due for
nonprovisional utility applications filed
under 35 U.S.C. 111, including
continuing applications, that are not
filed in the DOCX format.
Currently, applicants may file patent
applications in the DOCX format
through EFS-Web and Patent Center.
The USPTO plans to retire EFS-Web and
therefore encourages stakeholders and
applicants to review the information
about Patent Center available at
www.uspto.gov/PatentCenter. The
USPTO continues to hold many
discussions and training sessions with
stakeholders to ensure a fair and
reasonable transition to the DOCX
format.
The USPTO is delaying the effective
date of the fee set forth in § 1.16(u) until
January 17, 2024. This further delay will
give the USPTO an opportunity, through
a separate Federal Register Notice, to
invite and consider public comments on
a proposed information collection
pertaining to the impact of the § 1.16(u)
fee on the filing of nonprovisional
utility applications under 35 U.S.C. 111,
including continuing applications. As
required by the Paperwork Reduction
Act of 1995 (PRA), the USPTO will
submit the proposed information
collection together with a summary of
any received comments to the Office of
Management and Budget for review
under the PRA. Federal Register Notices
published by the USPTO pertaining to
the PRA are available at www.uspto.gov/
learning-and-resources/federal-registernotices/federal-register-notices-2023.
The USPTO expects that this delay will
afford sufficient time to complete the
PRA clearance process.
This delay will also provide
applicants more time to adjust to filing
patent applications in the DOCX format.
Applicants are encouraged to begin
filing patent applications in the DOCX
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format before the new effective date of
the fee. The USPTO also reminds
applicants that they can file test
submissions through the Patent Center
training mode to practice filing in
DOCX. Applicants who have not yet
taken advantage of the DOCX training
sessions the USPTO hosts are
encouraged to do so. Information on
filing application documents in DOCX
and a link to the DOCX training sessions
are available at www.uspto.gov/patents/
docx.
Rulemaking Requirements
A. Administrative Procedure Act: This
final rule revises the effective date of a
final rule published on August 3, 2020,
implementing a non-DOCX filing
surcharge fee, and is a rule of agency
practice and procedure pursuant to 5
U.S.C. 553(b)(A). See JEM Broad. Co. v.
F.C.C., 22 F.3d 32 (D.C. Cir. 1994)
(‘‘[T]he ‘critical feature’ of the
procedural exception [in 5 U.S.C.
553(b)(A)] ‘is that it covers agency
actions that do not themselves alter the
rights or interests of parties, although
[they] may alter the manner in which
the parties present themselves or their
viewpoints to the agency.’ ’’ (quoting
Batterton v. Marshall, 648 F.2d 694, 707
(D.C. Cir. 1980))); see also Bachow
Commc’ns Inc. v. F.C.C., 237 F.3d 683,
690 (D.C. Cir. 2001) (rules governing an
application process are procedural
under the Administrative Procedure
Act); Inova Alexandria Hosp. v. Shalala,
244 F.3d 342, 350 (4th Cir. 2001) (rules
for handling appeals were procedural
where they did not change the
substantive standard for reviewing
claims). Prior notice and an opportunity
for public comment are not required
pursuant to 5 U.S.C. 553(b) or (c) (or any
other law). See Cooper Techs. Co. v.
Dudas, 536 F.3d 1330, 1336–37 (Fed.
Cir. 2008) (stating that 5 U.S.C. 553, and
thus 35 U.S.C. 2(b)(2)(B), do not require
notice-and-comment rulemaking for
‘‘interpretative rules, general statements
of policy, or rules of agency
organization, procedure, or practice’’
(quoting 5 U.S.C. 553(b)(A))).
Moreover, the Director of the USPTO,
pursuant to the authority at 5 U.S.C.
553(b)(B), finds good cause to adopt the
change to the effective date of § 1.16(u)
in this final rule without prior notice
and an opportunity for public comment,
as such procedures would be
impracticable and contrary to the public
interest. The change to the effective date
will provide the public an opportunity
to more fully comprehend the nature of,
and prepare to comply with, the DOCX
format before the new fee is effective, as
well as provide the USPTO sufficient
time to complete the PRA clearance
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36957
process for the new fee. Delay of this
provision to provide prior notice-andcomment procedures is also
impracticable because it would allow
§ 1.16(u) to go into effect before the
public is ready for the DOCX format.
The Director finds good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effectiveness of this rule.
Immediate implementation of the delay
in the effective date of the fee is in the
public interest because it will provide
the public an opportunity to more fully
comprehend the nature of, and prepare
to comply with, the DOCX format before
the new fee in § 1.16(u) is effective, as
well as provide the USPTO sufficient
time to complete the PRA clearance
process for the new fee.
B. Regulatory Flexibility Act: As prior
notice and an opportunity for public
comment are not required pursuant to 5
U.S.C. 553 or any other law, neither a
regulatory flexibility analysis nor a
certification under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) is
required. See 5 U.S.C. 603.
C. Executive Order 12866 (Regulatory
Planning and Review): This rulemaking
has been determined to be not
significant for purposes of Executive
Order 12866 (Sept. 30, 1993).
D. Paperwork Reduction Act: The
PRA (44 U.S.C. 3507(d)) requires that
the USPTO consider the impact of
paperwork and other information
collection burdens imposed on the
public. The USPTO has determined that
there are no new requirements for
information collection associated with
this final rule.
List of Subjects for 37 CFR Part 1
Administrative practice and
procedure, Biologics, Courts, Freedom
of information, Inventions and patents,
Reporting and recordkeeping
requirements, Small businesses.
For the reasons stated in the
preamble, the USPTO amends 37 CFR
part 1 as follows:
PART 1—RULES OF PRACTICE IN
PATENT CASES
1. The authority citation for 37 CFR
part 1 continues to read as follows:
■
Authority: 35 U.S.C. 2(b)(2), unless
otherwise noted.
§ 1.16
[Amended]
2. In § 1.16, amend paragraph (u)
introductory text by removing ‘‘June 30,
■
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36958
Federal Register / Vol. 88, No. 108 / Tuesday, June 6, 2023 / Rules and Regulations
2023’’ and adding ‘‘January 17, 2024’’ in
its place.
charged only for the 2 ounces that are
above 4 ounces.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
Discount for USPS Marketing Mail
Letter-Shaped Pieces on SCF Pallets
Currently, the Postal Service offers
discounts for USPS Marketing Mail flatshaped pieces on SCF pallets. This
discount would now be extended to
letter-shaped USPS Marketing Mail
pieces on SCF Pallets. This discount
will be applicable to Automation and
Nonautomation (AADC, 3-Digit and 5Digit Presort) Letters, Carrier Route
Letters, High Density Letters, High
Density Plus Letter and Saturation
Letters on SCF Pallets regardless of the
entry (None, DNDC, and DSCF).
[FR Doc. 2023–11917 Filed 6–5–23; 8:45 am]
BILLING CODE 3510–16–P
POSTAL SERVICE
39 CFR Part 111
New Mailing Standards for Domestic
Mailing Services Products
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
On April 10, 2023, the Postal
Service (USPS®) filed a notice of
mailing services price adjustments with
the Postal Regulatory Commission
(PRC), effective July 9, 2023. This final
rule contains the revisions to Mailing
Standards of the United States Postal
Service, Domestic Mail Manual (DMM®)
to implement the changes coincident
with the price adjustments and other
minor DMM changes.
DATES: Effective July 9, 2023.
FOR FURTHER INFORMATION CONTACT:
Doriane Harley at (202) 268–2537 or
Dale Kennedy at (202) 268–6592.
SUMMARY:
SUPPLEMENTARY INFORMATION:
On May 31, 2023, the PRC favorably
reviewed the price adjustments
proposed by the Postal Service. The
price adjustments and DMM revisions
are scheduled to become effective on
July 9, 2023. Final prices are available
under Docket No. R2023–2 (Order No.
6526) on the Postal Regulatory
Commission’s website at www.prc.gov.
ddrumheller on DSK120RN23PROD with RULES1
Marketing Mail Flat-Shaped—New
Pricing Structure
Currently, the pricing structure for
USPS Marketing Mail flat-shaped pieces
uses a two-tier pricing approach. For
pieces weighing 4 oz or less, only a perpiece price is charged. For pieces
weighing over 4 oz but less than 16 oz,
both a per-piece and per-pound rate is
charged.
The Postal Service will change the
way USPS Marketing Mail flats are
priced. For each presort level, all pieces
regardless of their weight will pay a
piece price which will differ only by the
entry level, i.e., Origin, DNDC, DSCF,
and DDU. The pound price would be
applicable only to the weight above 4
ounces. For example, if the piece weighs
6 ounces, the pound price will be
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Registered Mail Service Fees
The Postal Service is revising the fee
structure for Registered Mail® service.
Currently, the fee structure includes the
combined cost of handling and
insurance, which incrementally
increases in accordance with an item’s
declared value, up to $50,000.00—the
maximum available amount of
insurance reimbursement. For items
with declared value over $50,000, there
are incrementally increasing handling
fees, although the maximum amount of
insurance reimbursement remains
capped at $50,000. The Postal Service is
revising the fee structure to eliminate
the additional handling fees for items
with declared value over $50,000, and
instead have a flat fee that will cover the
cost of insurance (which remains
capped at a maximum of $50,000,
regardless of the declared value) and
handling on all items with declared
values over $50,000.00.
USPS Ground Advantage Insurance
Currently, the Postal Service does not
include insurance coverage with USPS
Ground Advantage—Retail and USPS
Ground Advantage—Commercial
(formerly First-Class Package Service—
Retail and First-Class Package Service—
Commercial) pieces against loss,
damage, or missing contents.
Additionally, the Postal Service does
not include insurance with USPS
Ground Advantage Return service
(formerly First-Class Package Return
Service) pieces.
The Postal Service will include
insurance, limited to a maximum
liability of $100.00, with USPS Ground
Advantage—Retail and USPS Ground
Advantage—Commercial pieces.
In addition, the Postal Service will
include the $100.00 of insurance with
USPS Ground Advantage Return service
pieces. The inclusion of $100.00 of
insurance with USPS Ground
Advantage Return service pieces, along
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with Priority Mail Return service which
already has insurance included, will
eliminate the senders’ option to
purchase insurance.
Elimination of Service Type Code
Combinations
The Postal Service is eliminating
certain service type code (STC)/extra
service code (ESC) combinations. The
decision is based on those product and
extra service code combinations with
low use or low demand, and those that
do not follow Postal Service compliance
with Intelligent Mail package barcode
rules. Mailers can speak with a USPS
representative for details.
Marriage Mail 2 oz Incentive Price
Marriage Mail is a form of marketing
mail in which marketing service
companies combine advertisements
from multiple businesses into a single
mailpiece to reduce the cost of the
mailing for individual customers.
The Postal Service will provide
marriage mailers an incentive price on
Saturation USPS Marketing Mail letters
and flats including EDDM (not EDDM
Retail) that weigh 2 ounces or less, if
they meet certain requirements.
Among the requirements to be eligible
to claim the incentive price are that
qualifying Marriage Mail pieces must
include at least 4 advertisers and must
be mailed at minimum 10 times every
12 months (starting with the month of
first claiming the incentive price).
Information on the requirements to
claim the Marriage Mail Incentive price
will be posted on PostalPro at
postalpro.usps.com.
2024 Mailing Promotions
The Postal Service has been incenting
mailers to integrate mobile technology
and use innovative print techniques in
commercial mail since 2012. These
promotions have become an integral
way for industry to try new things and
innovate their mail campaigns. A 2024
Promotions Calendar is planned with
opportunities for mailers to receive a
postage discount by applying treatments
or integrating technology in their mail
campaigns.
These revisions will provide
consistency within postal products and
add value for customers.
Market Dominant comments on
Proposed changes and USPS responses.
The Postal Service did not receive any
formal comments on the April 2023
proposed rule (88 FR 22973–22975).
*
*
*
*
*
The Postal Service adopts the
described changes to Mailing Standards
of the United States Postal Service,
Domestic Mail Manual (DMM),
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Agencies
[Federal Register Volume 88, Number 108 (Tuesday, June 6, 2023)]
[Rules and Regulations]
[Pages 36956-36958]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11917]
=======================================================================
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 1
[Docket No.: PTO-P-2018-0031]
RIN 0651-AD31
Setting and Adjusting Patent Fees During Fiscal Year 2020
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Final rule; delay of effective date and final rule.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO)
published a final rule in the Federal Register on August 3, 2020, that
includes a fee for patent applications that are not filed in the DOCX
format, except for design, plant, or provisional applications. The
effective date of this new fee was most recently delayed in a final
rule published in the Federal Register on March 27, 2023, and was
scheduled to become effective on June 30, 2023. Through this final
rule, the USPTO is delaying the effective date of this fee until
January 17, 2024.
DATES: This final rule is effective on January 17, 2024. As of June 6,
2023, the effective date of amendatory instruction 2.i. (affecting 37
CFR 1.16(u)), published at 85 FR 46932 on August 3, 2020; and delayed
at 86 FR 66192 on November 22, 2021, and at 87 FR 80073 on December 29,
2022; and as further amended at 88 FR 17147 on March 22, 2023; and
thereafter delayed at 88 FR 18052 on March 27, 2023, is further delayed
until January 17, 2024. The change to 37 CFR 1.16(u) in amendatory
instruction 2.i., published at 85 FR 46932 on August 3, 2020, is
applicable only to nonprovisional utility applications filed under 35
U.S.C. 111 for an original patent on or after January 17, 2024.
FOR FURTHER INFORMATION CONTACT: Mark O. Polutta, Senior Legal Advisor,
Office of Patent Legal Administration, at
[[Page 36957]]
571-272-7709; or Eugenia A. Jones, Senior Legal Advisor, Office of
Patent Legal Administration, at 571-272-7727. You can also send
inquiries to [email protected].
SUPPLEMENTARY INFORMATION: On August 3, 2020, the USPTO published a
final rule in the Federal Register that included a new fee set forth in
Sec. 1.16(u) with an effective date of January 1, 2022. See Setting
and Adjusting Patent Fees During Fiscal Year 2020, 85 FR 46932. As
specified in Sec. 1.16(u), the fee is due for any application filed
under 35 U.S.C. 111 for an original patent--except design, plant, or
provisional applications--where the specification, claims, and/or
abstract do not conform to the USPTO requirements for submission in the
DOCX format. Therefore, the fee is due for nonprovisional utility
applications filed under 35 U.S.C. 111, including continuing
applications, that are not filed in the DOCX format.
Currently, applicants may file patent applications in the DOCX
format through EFS-Web and Patent Center. The USPTO plans to retire
EFS-Web and therefore encourages stakeholders and applicants to review
the information about Patent Center available at www.uspto.gov/PatentCenter. The USPTO continues to hold many discussions and training
sessions with stakeholders to ensure a fair and reasonable transition
to the DOCX format.
The USPTO is delaying the effective date of the fee set forth in
Sec. 1.16(u) until January 17, 2024. This further delay will give the
USPTO an opportunity, through a separate Federal Register Notice, to
invite and consider public comments on a proposed information
collection pertaining to the impact of the Sec. 1.16(u) fee on the
filing of nonprovisional utility applications under 35 U.S.C. 111,
including continuing applications. As required by the Paperwork
Reduction Act of 1995 (PRA), the USPTO will submit the proposed
information collection together with a summary of any received comments
to the Office of Management and Budget for review under the PRA.
Federal Register Notices published by the USPTO pertaining to the PRA
are available at www.uspto.gov/learning-and-resources/federal-register-notices/federal-register-notices-2023. The USPTO expects that this
delay will afford sufficient time to complete the PRA clearance
process.
This delay will also provide applicants more time to adjust to
filing patent applications in the DOCX format. Applicants are
encouraged to begin filing patent applications in the DOCX format
before the new effective date of the fee. The USPTO also reminds
applicants that they can file test submissions through the Patent
Center training mode to practice filing in DOCX. Applicants who have
not yet taken advantage of the DOCX training sessions the USPTO hosts
are encouraged to do so. Information on filing application documents in
DOCX and a link to the DOCX training sessions are available at
www.uspto.gov/patents/docx.
Rulemaking Requirements
A. Administrative Procedure Act: This final rule revises the
effective date of a final rule published on August 3, 2020,
implementing a non-DOCX filing surcharge fee, and is a rule of agency
practice and procedure pursuant to 5 U.S.C. 553(b)(A). See JEM Broad.
Co. v. F.C.C., 22 F.3d 32 (D.C. Cir. 1994) (``[T]he `critical feature'
of the procedural exception [in 5 U.S.C. 553(b)(A)] `is that it covers
agency actions that do not themselves alter the rights or interests of
parties, although [they] may alter the manner in which the parties
present themselves or their viewpoints to the agency.' '' (quoting
Batterton v. Marshall, 648 F.2d 694, 707 (D.C. Cir. 1980))); see also
Bachow Commc'ns Inc. v. F.C.C., 237 F.3d 683, 690 (D.C. Cir. 2001)
(rules governing an application process are procedural under the
Administrative Procedure Act); Inova Alexandria Hosp. v. Shalala, 244
F.3d 342, 350 (4th Cir. 2001) (rules for handling appeals were
procedural where they did not change the substantive standard for
reviewing claims). Prior notice and an opportunity for public comment
are not required pursuant to 5 U.S.C. 553(b) or (c) (or any other law).
See Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336-37 (Fed. Cir. 2008)
(stating that 5 U.S.C. 553, and thus 35 U.S.C. 2(b)(2)(B), do not
require notice-and-comment rulemaking for ``interpretative rules,
general statements of policy, or rules of agency organization,
procedure, or practice'' (quoting 5 U.S.C. 553(b)(A))).
Moreover, the Director of the USPTO, pursuant to the authority at 5
U.S.C. 553(b)(B), finds good cause to adopt the change to the effective
date of Sec. 1.16(u) in this final rule without prior notice and an
opportunity for public comment, as such procedures would be
impracticable and contrary to the public interest. The change to the
effective date will provide the public an opportunity to more fully
comprehend the nature of, and prepare to comply with, the DOCX format
before the new fee is effective, as well as provide the USPTO
sufficient time to complete the PRA clearance process for the new fee.
Delay of this provision to provide prior notice-and-comment procedures
is also impracticable because it would allow Sec. 1.16(u) to go into
effect before the public is ready for the DOCX format. The Director
finds good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in
effectiveness of this rule. Immediate implementation of the delay in
the effective date of the fee is in the public interest because it will
provide the public an opportunity to more fully comprehend the nature
of, and prepare to comply with, the DOCX format before the new fee in
Sec. 1.16(u) is effective, as well as provide the USPTO sufficient
time to complete the PRA clearance process for the new fee.
B. Regulatory Flexibility Act: As prior notice and an opportunity
for public comment are not required pursuant to 5 U.S.C. 553 or any
other law, neither a regulatory flexibility analysis nor a
certification under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) is required. See 5 U.S.C. 603.
C. Executive Order 12866 (Regulatory Planning and Review): This
rulemaking has been determined to be not significant for purposes of
Executive Order 12866 (Sept. 30, 1993).
D. Paperwork Reduction Act: The PRA (44 U.S.C. 3507(d)) requires
that the USPTO consider the impact of paperwork and other information
collection burdens imposed on the public. The USPTO has determined that
there are no new requirements for information collection associated
with this final rule.
List of Subjects for 37 CFR Part 1
Administrative practice and procedure, Biologics, Courts, Freedom
of information, Inventions and patents, Reporting and recordkeeping
requirements, Small businesses.
For the reasons stated in the preamble, the USPTO amends 37 CFR
part 1 as follows:
PART 1--RULES OF PRACTICE IN PATENT CASES
0
1. The authority citation for 37 CFR part 1 continues to read as
follows:
Authority: 35 U.S.C. 2(b)(2), unless otherwise noted.
Sec. 1.16 [Amended]
0
2. In Sec. 1.16, amend paragraph (u) introductory text by removing
``June 30,
[[Page 36958]]
2023'' and adding ``January 17, 2024'' in its place.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2023-11917 Filed 6-5-23; 8:45 am]
BILLING CODE 3510-16-P