Patent Cooperation Treaty

ICR 202410-0651-019

OMB: 0651-0021

Federal Form Document

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Justification for No Material/Nonsubstantive Change
2024-11-20
Supplementary Document
2023-03-24
Supporting Statement A
2022-10-18
Supplementary Document
2022-10-18
Supplementary Document
2022-10-18
IC Document Collections
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4689 Modified
255390
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255389
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255388
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255387
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255386 Unchanged
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255382
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255380
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191415
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191414
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191412
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191411 Modified
191409
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191408 Unchanged
191407
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191402
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191398 Unchanged
191397 Unchanged
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ICR Details
0651-0021 202410-0651-019
Received in OIRA 202303-0651-018
DOC/PTO
Patent Cooperation Treaty
No material or nonsubstantive change to a currently approved collection   No
Regular 11/20/2024
  Requested Previously Approved
11/30/2025 11/30/2025
420,816 420,816
358,269 358,269
382,008,753 358,249,658

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.

PL: Pub.L. 94 - 131 351 Name of Law: Patent Cooperation Treaty
  
None

Not associated with rulemaking

  87 FR 47192 08/02/2022
87 FR 63046 10/18/2022
No

42
IC Title Form No. Form Name
Acceptance of an unintentionally delayed claim for priority (37 CFR 1.78(a)(3)) (Individuals and Households)
Acceptance of an unintentionally delayed claim for priority (37 CFR 1.78(a)(3)) (Private Sector)
Amendments (Article 34) (Individuals and Households)
Amendments (Article 34) (Private Sector)
Application Data Sheet (35 U.S.C. 371 applications) (Individuals and Households)
Application Data Sheet (35 U.S.C. 371 applications) (Private Sector)
Demand and Fee Calculation Sheet (Annex and Notes) (Individuals and Households) PCT/IPEA/401 Demand and Fee Calculation Sheet
Demand and Fee Calculation Sheet (Annex and Notes) (Private Sector) PCT/IPEA/401 Demand and Fee Calculation Sheet
Description/claims/drawings/abstracts (Individuals and Households)
Description/claims/drawings/abstracts (Private Sector)
English Translations after thirty months from priority date (Individuals and Households)
English Translations after thirty months from priority date (Private Sector)
Fee Authorization (Individuals and Households)
Fee Authorization (Private Sector)
Indications Relating to a Deposited Microorganism (Individuals and Households) PCT/RO/134 Indications Relating to Deposited Microorganism or Other Biological Material
Indications Relating to a Deposited Microorganism (Private Sector) PCT/RO/134 Indications Relating to Deposited Microorganism or Other Biological Material
PCT/Model of General Power of Attorney (Individuals and Households) None PCT Model of General Power of Attorney
PCT/Model of General Power of Attorney (Private Sector) None PCT Model of General Power of Attorney
PCT/Model of Power of Attorney (Individuals and Households) None Model of Power of Attorney
PCT/Model of Power of Attorney (Private Sector) None Model of Power of Attorney
Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally (Private Sector) PTO/SB/64/PCT Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b)
Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(a) (Individuals and Households) PTO/SB/64/PCT Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b)
Petitions to the Commissioner for international applications (Individuals and Households)
Petitions to the Commissioner for international applications (Private Sector)
Petitions to the Commissioner in national stage examination (Individuals and Households)
Petitions to the Commissioner in national stage examination (Private Sector)
Request and Fee Calculation Sheet (Individuals and Households) PCT/RO/101 Request and Fee Calculation Sheet (Annex and Notes)
Request and Fee Calculation Sheet (Private Sector) PCT/RO/101 Request and Fee Calculation Sheet (Annex and Notes)
Request for rectification of obvious errors (Individuals and Households)
Request for rectification of obvious errors (Private Sector)
Request for the restoration of the right of priority (Individuals and Households)
Request for the restoration of the right of priority (Private Sector)
Requests to transmit copies of international application (Individuals and Households)
Requests to transmit copies of international application (Private Sector)
Response to invitation to correct defects (Individuals and Households)
Response to invitation to correct defects (Private Sector)
Transmittal Letter to the United States Designated/Elected Office (DO/EO/US) Concerning a Submission Under 35 U.S.C. 371 (Individuals and Households) PTO-1390 Transmittal Letter to the United States Designated/Elected Office (DO/EO/US) Concerning a Filing Under 35 U.S.C. 371
Transmittal Letter to the United States Designated/Elected Office (DO/EO/US) Concerning a Submission Under 35 U.S.C. 371 (Private Sector) PTO-1390 Transmittal Letter to the United States Designated/Elected Office (DO/EO/US) Concerning a Filing Under 35 U.S.C. 371
Transmittal Letter to the United States Receiving Office (RO/US) (Individuals and Households) PTO-1382 Transmittal Letter to the United States Receiving Office
Transmittal Letter to the United States Receiving Office (RO/US) (Private Sector) PTO-1382 Transmittal Letter to the United States Receiving Office
Withdrawal of international application (Individuals and Households) PCT/IB/372 Notice of Withdrawal
Withdrawal of international application (Private Sector) PCT/IB/372 Notice of Withdrawal

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 420,816 420,816 0 0 0 0
Annual Time Burden (Hours) 358,269 358,269 0 0 0 0
Annual Cost Burden (Dollars) 382,008,753 358,249,658 0 23,759,095 0 0
No
No

$6,419,886
No
    Yes
    Yes
No
No
No
No
Rafael Bacares 571 272-3276 rafael.bacares@uspto.gov

  No

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.
11/20/2024


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