The Patent Prosecution Highway (PPH)
is a framework in which an application whose claims have been
determined to be patent table by an Office of Earlier Examination
(OEE) is eligible to go through an accelerated examination in an
Office of Later Examination 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. Originally, 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 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 OMB control
number 0651-0021. 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. 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 is participating 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. For more complete information on the PPH, including (1) a
complete identification of participating countries and offices and
the programs under which each country/office is participating, (2)
the forms needed to request entry into the PPH, both at the USPTO
and other participating offices, and (3) information as to which of
the PPH programs remain pilots and which have been made permanent,
please visit
http://www.uspto.gov/patents/init_events/pph/index.jsp. The forms
in this collection allow participants to file in a U.S. application
a request to make the U.S. application special under a PPH or
PCT-PPH program.
The USPTO is proposing to add a
form to this collection for a new participant, the Saudi Authority
for Intellectual Property of the Kingdom of Saudi Arabia (SAIP) to
the PPH Program. The PPH pilot program with the SAIP will commence
on January 2020, and will run for a period of 3 years ending on
December 2022. SAIP is partnering on a bilateral basis only and is
not participating in the Global/IP5 PPH Program.
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.