Patent Prosecution Highway (PPH) Program

[Federal Register Volume 76, Number 131 (Friday, July 8, 2011)]
[Notices][Pages 40339-40341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov][FR Doc No: 2011-17077]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Prosecution Highway (PPH) Program
ACTION: Proposed collection; comment request.

To view the complete text of this comment request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr08jy11-43
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SUPPLEMENTARY INFORMATION:
I. Abstract
The Patent Prosecution Highway (PPH) pilot program was originally established between the United States Patent and Trademark Office (USPTO) and the Japan Patent Office (JPO) on July 3, 2006. The USPTO and the JPO agreed at the November 2007 Trilateral Conference to fully implement the PPH program on a permanent basis starting on January 4, 2008.

The USPTO entered into a PPH pilot program with the United Kingdom Intellectual Property Office (UKIPO) on September 4, 2007. Since then, additional PPH pilot programs have [[Page 40340]]been established between the USPTO and the intellectual property offices of several other countries. Some of the pilot programs, such as those with Japan, Canada, and South Korea, have become permanent.

The PPH program allows applicants whose claims are determined to be patentable in the office of first filing to have the corresponding application that is filed in the office of second filing be advanced out of turn for examination. At the same time, the PPH program allows the office of second filing to exploit the search and examination results of the office of first filing, which increases examination efficiency and improves patent quality. The PCT-PPH pilot program is an expansion to the PPH program based on the framework of the Patent Cooperation Treaty (PCT). Information collected for the PCT is approved under OMB control number 0651-0021.

PPH agreements streamline the patent system by allowing patent examiners to avail themselves of the work product from other participating patent offices. Originally, the PPH program was limited to the utilization of search and examination results of national applications between cross filings under the Paris Convention. The newer PCT-PPH agreements have greatly expanded the potential of the PPH program by permitting participating patent offices to draw upon the positive results of the PCT work product from another participating office. The PCT-PPH pilot program uses international written opinions and international preliminary examination reports developed within the framework of the PCT, thereby making the PPH program available to a larger number of applicants.

The forms in this collection allow participants to file a request in a corresponding U.S. application and petition to make the U.S. application special under the PPH or PCT-PPH program. The PPH forms collect similar data; however, there is a unique form for each participant. This collection includes forms for these current PPH programs with the USPTO: Japan Patent Office (JPO), United Kingdom Intellectual Property Office (UKIPO), Canadian Intellectual Property Office (CIPO), Danish Patent and Trademark Office (DKPTO), European Patent Office (EPO), Korean Intellectual Property Office (KIPO), Intellectual Property Office of Australia (IPAU), Intellectual Property Office of Singapore (IPOS), German Patent and Trade Mark Office (DPMA), National Board of Patents and Registration of Finland (NBPR), Russian Patent Office (ROSPATENT), Hungarian Patent Office (HPO), Spanish Patent and Trademark Office (SPTO), Austrian Patent Office (APO), and the Mexican Institute of Industrial Property (IMPI). This collection also includes forms for these upcoming PPH programs that are being planned with the USPTO: Israeli Patent Office, State Intellectual Property Office of the P.R.C. (SIPO), Instituto Nacional da Propriedade Industrial (INPI), and the Taiwan Intellectual Property Office (TIPO).

This collection includes forms for these current PCT-PPH pilot programs with the USPTO: EPO, JPO, KIPO, APO, ROSPATENT, SPTO, IPAU, NBPR, the Swedish Patent and Registration Office (PRV), and in U.S. applications where the USPTO was the International Searching Authority (ISA) or International Preliminary Examining Authority (IPEA). This collection also includes forms for these upcoming PCT-PPH pilot programs that are being planned with the USPTO: CIPO, SIPO, and the Nordic Patent Institute (NPI).

Adjust Patent Fees

[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Proposed Rules][Pages 37296-37300]
From the Federal Register Online via the Government Printing Office [www.gpo.gov][FR Doc No: 2011-16001]
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SUMMARY: The United States Patent and Trademark Office (Office) is
proposing to adjust certain patent fee amounts for fiscal year 2012 to
reflect fluctuations in the Consumer Price Index (CPI). The patent
statute provides for the annual CPI adjustment of patent fees set by
statute to recover the higher costs associated with doing business.

DATES: Written comments must be received on or before July 27, 2011. No public hearing will be held.

ADDRESSES: You may submit comments, identified by RIN number RIN 0651-AC44, by any of the following methods:

• Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
• E-mail: Walter.Schlueter@uspto.gov. Include RIN number RIN 0651-AC44 in the subject line of the message.
• Fax: (571) 273-6299, marked to the attention of Walter Schlueter.
• Mail: Director of the United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450, marked to the attention of Walter Schlueter.

Instructions: All submissions received must include the agency name and Regulatory Information Number (RIN) for this proposed rule making. For additional information on the rule making process, see the heading of the SUPPLEMENTARY INFORMATION section of this document.

To view the full text of this proposed rule, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr27jn11-28

First Action Interview Program Pilot for Patents

The Full First Action Interview Pilot Program, an expansion of the Enhanced First Action Interview Pilot Program for patents, will run through May 16, 2012. It will include all utility applications in all technology areas and filing dates. Under the program applicants may request a first action interview prior to the first Office action on the merits.

The program is an expansion of the Enhanced First Action Interview Pilot Program which listed as benefits: 1) the ability to advance prosecution of an application; (2) enhanced interaction between the applicant and the examiner; (3) the opportunity to resolve patentability issues one-on-one with the examiner at the beginning of the prosecution process and; (4) the opportunity to facilitate early allowance.

The USPTO revealed that "approximately 34 percent of the applications in the First Action Interview Pilot Programs were allowed on the first action on the merits, as compared to approximately 11 percent on average across all technologies for new non-continuing applications."

For more information about the expanded pilot project see http://www.uspto.gov/patents/init_events/faipp_full_preog.pdf.

Patent Agent/Attorney Registration - Reasonable Accommodation Form

[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices][Pages 31306-31307]
From the Federal Register Online via the Government Printing Office [www.gpo.gov][FR Doc No: 2011-13369]

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Admittance to Practice and Roster of Registered Patent Attorneys
and Agents Admitted to Practice Before the United States Patent and
Trademark Office (USPTO) (Proposed Addition)

ACTION: Proposed collection; comment request.
To view the full text of this comment request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr31my11-51.

SUPPLEMENTARY INFORMATION:

I. Abstract

This collection of information is required by 35 U.S.C. 2(b)(2)(D), which permits the United States Patent and Trademark Office (USPTO) to establish regulations governing the recognition and conduct of agents, attorneys or other persons representing applicants or other parties before the USPTO. This statute also permits the USPTO to require information from applicants that shows that they are of good moral character and reputation and have the necessary qualifications to assist applicants with the patent process and to represent them before the USPTO.

The USPTO administers the statute through 37 CFR 1.21, 11.5-11.14 and 11.28. These rules address the requirements to apply for the examination for registration and to demonstrate eligibility to be a registered attorney or agent before the USPTO. The Office of Enrollment and Discipline (OED) collects information to determine the qualifications of individuals entitled to represent applicants before the USPTO in the preparation and prosecution of applications for a patent. The OED also collects information to administer and maintain the roster of attorneys and agents registered to practice before the USPTO. Information concerning registered attorneys and agents is published by the OED in a public roster that can be accessed through the USPTO Web site.

The USPTO is introducing a new form, Request for Reasonable Accommodation, to facilitate an applicant's request for reasonable accommodation when they apply for the examination for registration to practice before the USPTO. A copy of this new form will be available at http://www.uspto.gov/news/fedreg/fr_2011.jsp. This information is currently collected without a form as part of the approved item, Application for Registration to Practice Before the United States Patent and Trademark Office (PTO Form 158). Applicants currently check Box 1a and then provide the necessary supporting documentation as an attachment (see the form with instructions and details on page 18 at http://www.uspto.gov/ip/boards/ord/grb.pdf). This new form will assist applicants in providing the USPTO with the correct and necessary supporting documentation through a standardized format.

To the extent possible, the applicant must provide detailed responses to the questions in the Applicant's Statement. The applicant must also provide a completed Licensed Health Care Professional's Statement and/or other acceptable evidence to support the claim.

An applicant who received a reasonable accommodation(s) for a prior registration examination must submit a new Applicant's Statement with each new Application for Registration (PTO Form 158). Depending on the type of impairment from which the applicant suffers, the applicant has the option of submitting a new Licensed Health Care Professional's Statement as well. In deciding whether to submit a new Licensed Health Care Professional's Statement, the applicant is advised to consider that the Agency's determination of both whether to grant an accommodation and what [[Page 31307]] accommodation(s) is appropriate is based on an assessment of the current impact of the applicant's disability on the testing activity. For example, if the applicant suffers from an impairment that is temporary or changes over time, it may not be possible for the Agency to assess whether an accommodation should be granted if the Licensed Health Care Professional's Statement is not current. For chronic or long-term conditions, a new Licensed Health Care Professional's Statement may not be necessary.

Correspondence Address for Patents

[Federal Register Volume 76, Number 90 (Tuesday, May 10, 2011)]
[Notices][Pages 27020-27022]
From the Federal Register Online via the Government Printing Office
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Representative and Address Provisions

ACTION: Proposed collection; comment request.
I. Abstract

Under 35 U.S.C. 2 and 37 CFR 1.31-1.36, a patent applicant or assignee of record may grant power of attorney to a person who is registered to practice before the United States Patent and Trademark Office (USPTO) to act for them in a patent or application. A power of attorney may also be revoked, and a registered practitioner may also withdraw as attorney or agent of record under 37 CFR 1.36. The rules of practice (37 CFR 1.33) also provide for the applicant, assignee, or practitioner of record to supply a correspondence address and daytime telephone number for receiving notices, official letters, and other communications from the USPTO. Maintaining a correct and updated correspondence address is necessary so that official correspondence from the USPTO related to a patent or application will be properly received by the applicant, assignee, or practitioner.

The USPTO's Customer Number practice permits applicants, assignees, and practitioners of record to change the correspondence address or representatives of record for a number of patents or applications with one change request instead of filing separate requests for each patent or application.
[[Page 27021]]
Customers may request a Customer Number from the USPTO and associate this Customer Number with a correspondence address or a list of registered practitioners. Any changes to the address or practitioner information associated with a Customer Number will be applied to all patents and applications associated with that Customer Number.

The Customer Number practice is optional, in that changes of correspondence address or power of attorney may be filed separately for each patent or application without using a Customer Number. However, a Customer Number associated with the correspondence address for a patent application is required in order to access private information about the application using the Patent Application Information Retrieval (PAIR) system, which is available through the USPTO Web site. The PAIR system gives authorized individuals secure online access to application status information, but only for patent applications that are linked to a Customer Number. Customer Numbers may be associated with U.S. patent applications as well as international Patent Cooperation Treaty (PCT) applications. The use of a Customer Number is also required in order to grant power of attorney to more than ten practitioners or to establish a separate ``fee address'' for maintenance fee purposes that is different from the correspondence address for a patent or application.

In addition to the forms offered by the USPTO to assist customers with providing the information in this collection, customers may also format requests using a Customer Number Upload Spreadsheet to designate or change the correspondence address or fee address for a list of patents or applications by associating them with a Customer Number. The Customer Number Upload Spreadsheet must be submitted to the USPTO on a computer-readable diskette or compact disc (CD), accompanied by a signed cover letter requesting entry of the address changes for the listed patents and applications. The spreadsheet and cover letter must be mailed to the USPTO and cannot be filed electronically. Customers may download a Microsoft Excel template with instructions from the USPTO Web site to assist them in preparing the spreadsheet in the proper format. The Customer Number Upload Spreadsheet may not be used to change the power of attorney for patents or applications.

This information collection includes the information necessary to submit a request to grant or revoke power of attorney for an application, patent, or reexamination proceeding, and for a registered practitioner to withdraw as attorney or agent of record. This collection also includes the information necessary to change the correspondence address for an application, patent, or reexamination proceeding, to request a Customer Number and manage the correspondence address and list of practitioners associated with a Customer Number, and to designate or change the correspondence address or fee address for one or more patents or applications by using a Customer Number.

To view the full text of this notice, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr10my11-39.