View Information Collection Request (ICR) Package

OMB Control No: 0651-0058	ICR Reference No: 200811-0651-003
Status: Historical Active	Previous ICR Reference No: 200802-0651-002
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Prosecution Highway (PPH) Program
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 01/08/2009
	Date Received in OIRA: 11/25/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2012	07/31/2011	07/31/2011
Responses	1,350	0	800
Time Burden (Hours)	2,625	0	1,575
Cost Burden (Dollars)	175,600	0	104,000

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 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.

Authorizing Statute(s): US Code: 35 USC 119

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 35661	06/24/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 70625	11/21/2008
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion
Annual Number of Responses	1,350	800	550
Annual Time Burden (Hours)	2,625	1,575	1,050
Annual Cost Burden (Dollars)	175,600	104,000	71,600

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Forms

Short Statement: 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.

Annual Cost to Federal Government: $98,831

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Magdalen Greenlief 703 305-8813 mgreenlief@uspto.gov

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