The Patent Prosecution Highway (PPH) is a framework in which an application whose claims have been determined to be patentable by an Office of Earlier Examination (OEE) is eligible to go through an accelerated examination in an Office of Later Examination (OLE) with a simple procedure upon an applicantâs 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 Patent Cooperation Treaty (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 the USPTO information collection, 0651-0021 (Patent Cooperation Treaty).
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. Both the Global PPH and the 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.
This information collection covers data gathered through the Request for Participation in the Patent Prosecution Highway (PPH) Pilot Program, which the public uses to request an accelerated examination within the PPH provisions.
Changes in Responses and Burden Hours
For this renewal, the USPTO estimates that the annual responses will decrease by 1,030 (from 8,120 to 7,090) and the total burden hours will decrease by 2,060 (from 16,240 to 14,180) from the currently approved burden for this information collection. These changes are due to an expected slight decrease in the number of submissions under this program.
Changes in Respondent Hourly Cost Burden
The total respondent cost burden for this information collection has decreased by $1,432,360 (from $7,104,360 to $5,672,000) from the previous renewal of this information collection in 2018. These changes are due to the following administrative adjustments:
⢠Decrease in estimated hourly rates. The 2018 renewal used an estimated rate of $438 per hour for respondent to this information collection, which was an average of the estimated attorney rate. For the current renewal, the USPTO is using an updated hourly rate of $400.
⢠Decrease in estimated burden hours. The total estimated burden hours have decreased from 16,240 in the 2018 renewal to 14,180 for the current renewal due to overall decreases in the estimated annual responses to this information collection.
No Changes in Annual (Non-hour) Costs
For this renewal, the USPTO estimates that there will be no changes in the total annual (non-hour) costs. There are no annual (non-hour) costs associated with this information collection.
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.
Request for Participation in the PPH Program Between the Taiwan Intellectual Property Office (TIPO) and the USPTO (Individuals or Households)