International Work Sharing

OMB Control No: 0651-0079	ICR Reference No: 201506-0651-004
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: International Work Sharing
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 06/30/2015
OIRA Conclusion Action: Approved with change	Conclusion Date: 06/29/2015
Retrieve Notice of Action (NOA)	Date Received in OIRA: 06/25/2015
Terms of Clearance: Updated Supporting Statement

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2015	6 Months From Approved
Responses	900	0	0
Time Burden (Hours)	1,533	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: Work Sharing between Intellectual Property (IP) offices is critical for increasing the efficiency and quality of patent examination worldwide. The exchange of information and documents between IP offices also benefits applicants by promoting compact prosecution, reducing pendency and supporting patent quality by reducing the likelihood of inconsistencies in patentability determinations among IP offices when considering corresponding counterpart applications. The gains in efficiency and quality are achieved through a collaborative work sharing approach to the evaluation of patent claims. As a result of this exchange of search reports, the examiners in both offices may have a more comprehensive set of references before them when making an initial patentability determination.

Emergency Justfication: The United States Patent and Trademark Office (USPTO) requests emergency review of an information collection request associated with two international intellectual property agreements. The USPTO signed Memoranda of Cooperation (MOCs) with the Korean Intellectual Property Office (KIPO) and the Japan Patent Office (JPO) on May 20 and 21, respectively, to implement new Collaborative Search Pilots (CSP). The new pilots will be conducted under an International Work Sharing Program. The CSP will be piloted by the USPTO and both of the aforementioned foreign patent offices. The USPTO seeks to begin collection of this information on August 1, 2015 for the USPTO-JPO CSP and on September 1, 2015 for the USPTO-KIPO CSP. The MOCs takes effect on July 1, 2015. A waiver is sought for the requirement of a 60-day and 30-day Federal Register notice prescribed by Sec. 1320.5(a)(1)(iv). The collection of information is needed prior to the expiration of the time period established by 5 C.F.R. 1320. Use of normal clearance procedures is reasonably likely to prevent or disrupt the collection of information and will not allow USPTO to participate in these bi-lateral agreements. The Obama Administration has a long track record of supporting a variety of intellectual property and STEM-related initiatives. This new pilot program seeks to speed up the patent approval process via means of international bi-lateral sharing of patent searches and research conducted by the participating patent offices and the patent examiners assigned to the particular cases. This program receives information from applicants who are requesting inclusion in the pilot program, and is similar to existing USPTO collections. This collection includes information pertaining to individuals who request inclusion within the program and also follows up on interactions between participants to gauge user satisfaction with the pilot program. If successful, this program may be extended beyond its current pilot status or broadened to include other patent offices under similar bi-lateral information sharing agreements. The USPTO asks OMB to conclude its review of this information collection request by Tuesday, June 30, 2015.

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Authorizing Statute(s): US Code: 35 USC 119 Name of Law: null

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 3

IC Title Form No. Form Name Petition for Participation in the Collaborative Search Pilot (CSP) Program Between the Korean Intellectual Property Office (KIPO) and the USPTO PTO/SB/437KR Petition for Participation in the Collaborative Search Pilot (CSP) Program Between KIPO and the USPTO (CSP-KR) CSP Survey PTO/SB/CSP Survey 1 CSP Survey Petition for Participation in the Collaborative Search Pilot (CSP) Program Between the Japan Patent Office (JPO) and the USPTO PTO/SB/437JP Petition for Participation in the Collaborative Search Pilot (CSP) Program Between JPO and USPTO (CSP-JP)

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ICR Summary of Burden

	Total Approved	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	900	0	0	900	0	0
Annual Time Burden (Hours)	1,533	0	0	1,533	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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: No

Burden Reduction Due to:

Short Statement: New collection being established through an international agreement between Japan Patent Office and USPTO and a related agreement between the Korean Patent Office and USPTO.

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Annual Cost to Federal Government: $58,536

Does this IC contain surveys, censuses, or employ statistical methods? Yes Part B of Supporting Statement

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]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Marcie Lovett 571 272-8123 [email protected]

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Common Form ICR:  No

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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:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(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;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
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.
Certification Date: 06/25/2015

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