Patent Prosecution Highway (PPH) Program

OMB Control No: 0651-0058	ICR Reference No: 202208-0651-001
Status: Received in OIRA	Previous ICR Reference No: 202106-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Prosecution Highway (PPH) Program
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 08/09/2022

	Requested	Previously Approved
Expiration Date	08/31/2024	08/31/2024
Responses	7,090	7,090
Time Burden (Hours)	14,180	14,180
Cost Burden (Dollars)	0	0

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Abstract: 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 applicant’s 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.

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Authorizing Statute(s): PL: Pub.L. 112 - 211 382 Name of Law: Patent Law Treaties Implementation Act of 2012

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
60-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 20123	04/16/2021
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 33686	06/25/2021
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 18

IC Title Form No. Form Name Request for Participation in the Global/IP5 PPH Pilot Program in the USPTO (Individuals or Households) PTO/SB/20GLBL REQUEST FOR PARTICIPATION IN THE GLOBAL/IP5 PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM IN THE USPTO Request for Participation in the Global/IP5 PPH Pilot Program in the USPTO (Private Sector) PTO/SB/20GLBL REQUEST FOR PARTICIPATION IN THE GLOBAL/IP5 PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM IN THE USPTO Request for Participation in the PPH Program Between the Brazilian National Institute of Industrial Property (INPI) and the USPTO (Individuals or Households) PTO/SB/20BR REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE BRAZILIAN NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI) AND THE USPTO Request for Participation in the PPH Program Between the Brazilian National Institute of Industrial Property (INPI) and the USPTO (Private Sector) PTO/SB/20BR REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE BRAZILIAN NATIONAL INSTITUTE OF INDUSTRIAL PROPERTY (INPI) AND THE USPTO Request for Participation in the PPH Program Between the Industrial Property Office of the Czech Republic (IPOCZ) and the USPTO (Individuals or Households) PTO/SB/20CZ REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC (IPOCZ) AND THE USPTO Request for Participation in the PPH Program Between the Industrial Property Office of the Czech Republic (IPOCZ) and the USPTO (Private Sector) PTO/SB/20CZ REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE INDUSTRIAL PROPERTY OFFICE OF THE CZECH REPUBLIC (IPOCZ) AND THE USPTO Request for Participation in the PPH Program Between the Intellectual Property Office of the Philippines (IPOPH) and the USPTO (Individuals or Households) PTO/SB/20PH REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES (IPOPH) AND THE USPTO Request for Participation in the PPH Program Between the Intellectual Property Office of the Philippines (IPOPH) and the USPTO (Private Sector) PTO/SB/20PH REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE INTELLECTUAL PROPERTY OFFICE OF THE PHILIPPINES (IPOPH) AND THE USPTO Request for Participation in the PPH Program Between the Mexican Institute of Industrial Property (TMPI) and the USPTO (Individuals or Households) PTO/SB/20MX REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE MEXICAN INSTITUTE OF INDUSTRIAL PROPERTY (IMPI) AND THE USPTO Request for Participation in the PPH Program Between the Mexican Institute of Industrial Property (TMPI) and the USPTO (Private Sector) PTO/SB/20MX REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE MEXICAN INSTITUTE OF INDUSTRIAL PROPERTY (IMPI) AND THE USPTO Request for Participation in the PPH Program Between the Nicaraguan Registry of Intellectual Property (NRIP) and the USPTO (Individuals or Households) PTO/SB/20NI REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE NICARAGUAN REGISTRY OF INTELLECTUAL PROPERTY (NRIP) AND THE USPTO Request for Participation in the PPH Program Between the Nicaraguan Registry of Intellectual Property (NRIP) and the USPTO (Private Sector) PTO/SB/20NI REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE NICARAGUAN REGISTRY OF INTELLECTUAL PROPERTY (NRIP) AND THE USPTO Request for Participation in the PPH Program Between the Romanian State Office of Inventions and Trademarks (OSIM) and the USPTO (Individuals or Households) PTO/SB/20RO REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE ROMANIAN STATE OFFICE FOR INVENTIONS AND TRADEMARKS (OSIM) AND THE USPTO Request for Participation in the PPH Program Between the Romanian State Office of Inventions and Trademarks (OSIM) and the USPTO (Private Sector) PTO/SB/20RO REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE ROMANIAN STATE OFFICE FOR INVENTIONS AND TRADEMARKS (OSIM) AND THE USPTO Request for Participation in the PPH Program Between the Taiwan Intellectual Property Office (TIPO) and the USPTO (Individuals or Households) PTO/SB/20TW REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE TAIWAN INTELLECTUAL PROPERTY OFFICE (TIPO) AND THE USPTO Request for Participation in the PPH Program Between the Taiwan Intellectual Property Office (TIPO) and the USPTO (Private Sector) PTO/SB/20TW REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE TAIWAN INTELLECTUAL PROPERTY OFFICE (TIPO) AND THE USPTO Request for Participation in the PPH Program between the Saudi Authority for Intellectual Property of the Kingdom of Saudi Arabia (SAIP) and the USPTO (Individuals or Households) PTO/SB/20SA REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE SAUDI AUTHORITY FOR INTELLECTUAL PROPERTY OF THE KINGDOM OF SAUDI ARABIA (SAIP) AND THE USPTO Request for Participation in the PPH Program between the Saudi Authority for Intellectual Property of the Kingdom of Saudi Arabia (SAIP) and the USPTO (Private Sector) PTO/SB/20SA REQUEST FOR PARTICIPATION IN THE PATENT PROSECUTION HIGHWAY (PPH) PILOT PROGRAM BETWEEN THE SAUDI AUTHORITY FOR INTELLECTUAL PROPERTY OF THE KINGDOM OF SAUDI ARABIA (SAIP) AND THE USPTO

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ICR Summary of Burden

	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	7,090	7,090	0	0	0	0
Annual Time Burden (Hours)	14,180	14,180	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $636,534

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? No

Agency Contact: Raul Tamayo 571 272-7728 [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: 08/09/2022

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