This collection of information is
required by the provisions of the Patent Cooperation Treaty (PCT),
which became operational in June 1978 and is administered by the
International Bureau (IB) of the World Intellectual Property
Organization (WIPO) in Geneva, Switzerland. The provisions of the
PCT have been implemented by the United States in Part IV of Title
35 of the U.S. Code (Chapters 35-37) and Subpart C of Title 37 of
the Code of Federal Regulations (37 CFR 1.401-1.499). The purpose
of the PCT is to provide a standardized filing format and procedure
that allows an applicant to seek protection for an invention in
several countries by filing one international application in one
location, in one language, and paying one initial set of fees. The
information in this collection is used by the public to submit a
patent application under the PCT and by the United States Patent
and Trademark Office (USPTO) to fulfill its obligation to process,
search, and examine the application as directed by the treaty. The
filing, search, written opinion, and publication procedures are
provided for in Chapter I of the PCT. Additional procedures for a
preliminary examination of PCT international applications are
provided for in optional PCT Chapter II. Under Chapter I, an
applicant can file an international application in the national or
home office (Receiving Office (RO)) or the IB. The USPTO acts as
the United States Receiving Office (RO/US) for international
applications filed by residents and nationals of the United States.
These applicants send most of their correspondence directly to the
USPTO, but they may also file certain documents directly with the
IB. The USPTO serves as an International Searching Authority (ISA)
to perform searches and issues an international search report (ISR)
and a written opinion on international applications. The USPTO also
issues an international preliminary report on patentability (IPRP
Chapter II) when acting as an International Preliminary Examining
Authority (IPEA). The RO reviews the application and, if it
contains all of the necessary information, assigns a filing date to
the application. The RO maintains the home copy of the
international application and forwards the record copy of the
application to the IB and the search copy to the ISA. The IB
maintains the record copy of all international applications and
publishes them 18 months after the earliest priority date, which is
the earliest date for which a benefit is claimed. The ISA performs
a search to determine whether there is any prior art relevant to
the claims of the international application and will issue an
international search report and written opinion as to whether each
claim is novel, involves an inventive step, and is industrially
applicable. The ISA then forwards the international search report
and written opinion to the applicant and the IB. The IB will
normally publish the application and search report 18 months after
the priority date, unless early publication is requested by the
applicant. Until international publication, no third person or
national or regional office is allowed access to the international
patent application unless so requested or authorized by the
applicant. If the applicant wishes to withdraw the application (and
does so before international publication), international
publication does not take place. Under Chapter II of the Treaty, an
applicant who has filed an international application in an RO can
demand an international preliminary examination of the application
by an IPEA, such as the USPTO. The Demand is made separately from
the international application and contains prescribed particulars,
language, and form. The International preliminary examination is a
second evaluation of the potential patentability of the claimed
invention, using the same standards on which the written opinion of
the ISA was based. A copy of the examination report is sent to the
applicant and to the IB.
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.
Form PCT/RO/101 Request and Fee Calculation Sheet
0651-0021 Supporting Statement 2019.docx
0651-0021 - Neifeld Comment 0021_0.pdf
Request and Fee Calculation Sheet