Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Prosecution Highway (PPH) Program, 41948-41950 [2024-10476]

Agencies

• DEPARTMENT OF COMMERCE
• Patent and Trademark Office

[Federal Register Volume 89, Number 94 (Tuesday, May 14, 2024)]
[Notices]
[Pages 41948-41950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10476]



[[Page 41948]]

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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: Patent and Trademark Office, Department of Commerce.

ACTION: Notice of information collection; request for comment.

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SUMMARY: 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-
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 July 15, 2024.

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 eRulemaking Portal: https://www.regulations.gov.
     Mail: Justin Isaac, 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 Jeffrey West, Senior Legal Advisor, United States 
Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; 
by telephone at 571-272-2226; or by email at [email protected] 
with ``0651-0058 comment'' in the subject line. 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 the 
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.
    Initially, 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 IP5 PPH 
pilot programs are running concurrently and are substantially 
identical, differing only with regard to their respective participating 
offices. The USPTO participates 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

    Information in this information collection must be submitted 
electronically.

III. Data

    OMB Control Number: 0651-0058.
    Forms: (SB = Specimen Book)

 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/20CZ (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/20FR (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the National Institute 
of Industrial Property of France (INPI) and the USPTO)
 PTO/SB/20GLBL (Request for Participation in the Global/IP5 
Patent Prosecution Highway (PPH) Pilot Program in the USPTO)
 PTO/SB/20MA (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the Moroccan Office of 
Industrial and Commercial Property (OMPIC) and the USPTO)
 PTO/SB/20MX (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the Mexican Institute 
of Industrial Property (IMPI) and the USPTO)
 PTO/SB/20MY (Request for Participation in the Patent 
Prosecution Highway (PPH) Pilot Program Between the Intellectual 
Property Corporation of Malaysia (MYIPO) 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 for Inventions and Trademarks (OSIM) and the USPTO)
 PTO/SB/20SA (Request for Participation in the Patent

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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.
    Respondent's Obligation: Required to obtain or retain benefits.
    Estimated Number of Annual Respondents: 8,585 respondents.
    Estimated Number of Annual Responses: 8,585 responses.
    Frequency: On occasion.
    Estimated Time per Response: The USPTO estimates that the responses 
in this information collection will take the public approximately 2 
hours to complete. This includes the time to gather the necessary 
information, create the document, and submit the completed request to 
the USPTO.
    Estimated Total Annual Respondent Burden Hours: 17,170 hours.
    Estimated Total Annual Respondent Hourly Cost Burden: $7,674,990.
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    \1\ 2023 Report of the Economic Survey, published by the 
Committee on Economics of Legal Practice of the American 
Intellectual Property Law Association (AIPLA); pg. F-41. The USPTO 
uses the average billing rate for intellectual property work in all 
firms which is $447 per hour (https://www.aipla.org/home/news-publications/economic-survey).

                                       Table 1--Total Burden Hours and Hourly Costs to Private Sector Respondents
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                                                                                                                                             Estimated
                                            Estimated     Responses per      Estimated    Estimated time     Estimated     Rate \1\ ($/       annual
     Item No.               Item             annual         respondent        annual       for response    burden (hour/       hour)        respondent
                                           respondents                       responses        (hours)          year)                        cost burden
                    ...................             (a)              (b)     (a) x (b) =             (d)     (c) x (d) =             (f)     (e) x (f) =
                                                                                     (c)                             (e)                             (g)
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1.................  Request for                   8,500                1           8,500               2          17,000            $447      $7,599,000
                     Participation in
                     the Global/IP5 PPH
                     Pilot Program in
                     the USPTO.
2.................  Request for                       4                1               4               2               8             447           3,576
                     Participation in
                     the PPH Pilot
                     Program Between
                     the Brazilian
                     National Institute
                     of Industrial
                     Property (INPI)
                     and the USPTO.
3.................  Request for                       1                1               1               2               2             447             894
                     Participation in
                     the PPH Pilot
                     Program Between
                     the Industrial
                     Property Office of
                     the Czech Republic
                     (IPOCZ) and the
                     USPTO.
4.................  Request for                      15                1              15               2              30             447          13,410
                     Participation in
                     the PPH Pilot
                     Program Between
                     National Institute
                     of Industrial
                     Property of France
                     (INPI) and the
                     USPTO.
5.................  Request for                       1                1               1               2               2             447             894
                     Participation in
                     the PPH Pilot
                     Program Between
                     the Moroccan
                     Office of
                     Industrial and
                     Commercial
                     Property (OMPIC)
                     and the USPTO.
6.................  Request for                       2                1               2               2               4             447           1,788
                     Participation in
                     the PPH Pilot
                     Program Between
                     the Mexican
                     Institute of
                     Industrial
                     Property (IMPI)
                     and the USPTO.
7.................  Request for                       1                1               1               2               2             447             894
                     Participation in
                     the PPH Pilot
                     Program Between
                     the Intellectual
                     Property
                     Corporation of
                     Malaysia (MYIPO)
                     and the USPTO).
8.................  Request for                       1                1               1               2               2             447             894
                     Participation in
                     the PPH Pilot
                     Program Between
                     the Nicaraguan
                     Registry of
                     Intellectual
                     Property (NRIP)
                     and the USPTO.
9.................  Request for                       1                1               1               2               2             447             894
                     Participation in
                     the PPH Pilot
                     Program Between
                     the Intellectual
                     Property Office of
                     the Philippines
                     (IPOPH) and the
                     USPTO.

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10................  Request for                       1                1               1               2               2             447             894
                     Participation in
                     the PPH Pilot
                     Program Between
                     the Romanian State
                     Office for
                     Inventions and
                     Trademarks (OSIM)
                     and the USPTO).
11................  Request for                       1                1               1               2               2             447             894
                     Participation in
                     the PPH Pilot
                     Program Between
                     the Saudi
                     Authority for
                     Intellectual
                     Property of the
                     Kingdom of Saudi
                     Arabia (SAIP) and
                     the USPTO.
12................  Request for                      57                1              57               2             114             447          50,958
                     Participation in
                     the PPH Pilot
                     Program Between
                     the Taiwan
                     Intellectual
                     Property Office
                     (TIPO) and the
                     USPTO.
                                        ----------------------------------------------------------------------------------------------------------------
                    Totals.............           8,585  ...............           8,585  ..............          17,170  ..............       7,674,990
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    Estimated Total Annual Respondent Non-hourly Cost Burden: $0. There 
are no capital start-up costs, maintenance costs, recordkeeping costs, 
filing fees, or postage costs associated with this information 
collection.

IV. Request for Comments

    The USPTO is soliciting public comments to:
    (a) Evaluate whether the 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 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. The 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 personally 
identifiable information (PII) in a comment, be aware that the entire 
comment--including PII--may be made publicly available at any time. 
While you may ask in your comment to withhold PII from public view, the 
USPTO cannot guarantee that it will be able to do so.

Justin Isaac,
Information Collections Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2024-10476 Filed 5-13-24; 8:45 am]
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