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 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. Additional PPH pilot programs have recently been
established between the USPTO and the United Kingdom Intellectual
Property Office (UKIPO), the Canadian Intellectual Property Office
(CIPO), the Danish Patent and Trademark Office (DKPTO), the
European Patent Office (EPO), the Korean Intellectual Property
Office (KIPO), and the Intellectual Property Office of Australia
(IPAU). The USPTO and the JPO also participate in a work-sharing
pilot project called the "New Route." Under the New Route
framework, a filing in one member office of this arrangement would
be deemed a filing in all member offices. The first office and
applicant would be given a 30-month processing time frame in which
to make available a first office action and any necessary
translations to the second office(s), and the second office(s)
would exploit the search and examination results in conducting
their own examination. This information collection previously
included two forms, Request for Participation in the New Route
Pilot Program Between the JPO and the USPTO (PTO/SB/10) and Request
for Participation in the Patent Prosecution Highway (PPH) Pilot
Program Between the (1) JPO or (2) UKIPO and the USPTO (PTO/SB/20),
which may be used by applicants to request participation in the
programs and to ensure that they meet the program requirements.
Since the PPH program with the JPO has been fully implemented, Form
PTO/SB/20 has been revised as Form PTO/SB/20JP for use with the JPO
and a separate Form PTO/SB/20UK has been created for the ongoing
pilot program with the UKIPO. Similar forms have been created for
the PPH pilot programs with the CIPO, the DKPTO, the EPO, the KIPO,
and the IPAU. These additional PPH pilot program forms are being
added to this collection. The USPTO is undertaking another
worksharing program with the EPO and the JPO called the "Triway"
program. Under the Triway framework, each Office will conduct
searches on corresponding applications filed under the Paris
Convention in each of the Offices in a sufficiently early time
period. The search results will then be shared among the Offices in
order to reduce the search and examination workload. To support
this program, the USPTO is adding the Request for Participation in
Triway Pilot Program Among the USPTO, the EPO and the JPO
(PTO/SB/12) to this collection.
The changes in burden for this
collection are due to program changes from the addition of new
forms into the collection for the Triway pilot program and for
additional PPH pilot programs. The changes in annual cost burden
are due to program changes from the addition of the fees associated
with the new forms and recordkeeping costs associated with
submitting the PPH request forms online.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.