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. PPH pilot programs have 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
plans to establish additional PPH programs with Singapore (IPOS),
Germany (DPMA), and Finland (NBPR). 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. The
collection also contains forms for the PPH pilot programs with the
CIPO, the DKPTO, the EPO, the KIPO, and the IPAU. Similar forms
have been created for the new PPH pilot programs with the IPOS, the
DPMA, and the NBPR. 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. Form PTO/SB/12
Request for Participation in Triway Pilot Program Among the USPTO,
the EPA, and the JPO supports this program.
The changes in burden for this
collection are due to program changes from the addition of new
forms into the collection 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.
Form PTO/SB/20JP Request for Participation in the Patent Prosecution Highway (PPH) Pilot Program Between the JPO and the USPTO
0651-0058-JustStmtadd2008-final-new.pdf
Request for Participation in the Patent Prosecution Highway (PPH) Pilot Program Between the JPO and the USPTO