Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Notices 93669

interpretation or other ancillary aids, are can request a 12-month time period to examination procedures in certain asked to notify Mr. Reed at (202) 482– pay the search fee, the examination fee, nonprovisional applications by 5955 or [email protected] at least ten any excess claim fees, and the surcharge implementing a pilot program (i.e., (10) business days before the meeting. (for the late submission of the search fee Extended Missing Parts Pilot Program). Status: Interested parties are invited and the examination fee) in a See Pilot Program for Extended Time to attend and to submit written nonprovisional application. The Period To Reply to a Notice to File comments to the Committee at any time Extended Missing Parts Pilot Program Missing Parts of Nonprovisional before or after the meeting. Parties benefits applicants by permitting Application, 75 FR 76401 (Dec. 8, 2010), wishing to submit written comments for additional time to determine if 1362 Off. Gaz. Pat. Office 44 (Jan. 4, consideration by the Committee in protection should be sought—at a 2011). Over the course of the pilot advance of a meeting may send them via relatively low cost—and by permitting program, the USPTO provided postal mail to Commerce Spectrum applicants to focus efforts on extensions of the Extended Missing Management Advisory Committee, commercialization during this period. Parts Pilot Program through notices National Telecommunications and The Extended Missing Parts Pilot published in the Federal Register. The Information Administration, 1401 Program benefits the USPTO and the most recent notice extended the Constitution Avenue NW., Room 4600, public by adding publications to the program until December 31, 2016, to Washington, DC 20230. It would be body of , and by removing from allow the USPTO time to seek public helpful if paper submissions also the USPTO’s workload those comment on whether the Extended include a compact disc (CD) that nonprovisional applications for which Missing Parts Pilot Program offers contains the comments in Microsoft applicants later decide not to pursue sufficient benefits to the patent Word and/or PDF file formats. CDs examination. While the USPTO has not community for it to be made permanent. should be labeled with the name and yet completed its evaluation of the See Extension of Extended Missing Parts organizational affiliation of the filer. program, the number of participants in Pilot Program, 80 FR 80325 (Dec. 24, Alternatively, comments may be the program over the past several years 2015), 1422 Off. Gaz. Pat. Office 192 submitted via electronic mail to dreed@ indicates that there may be sufficient (Jan. 19, 2016). ntia.doc.gov and should also be in one benefits to the patent community. Thus, On September 6, 2016, the USPTO or both of the file formats specified the USPTO is extending the Extended sought public comment on whether the above. Comments must be received five Missing Parts Pilot Program until Extended Missing Parts Pilot Program (5) business days before the scheduled January 2, 2018, to allow the USPTO to offers sufficient benefits to the patent meeting date in order to provide continue its evaluation of the pilot community for it to be made permanent sufficient time for review. Comments program. The requirements of the or whether the USPTO should permit received after this date will be program have not changed. the pilot program to expire. See Request distributed to the Committee, but may DATES: Duration: The Extended Missing for Comments on the Extended Missing not be reviewed prior to the meeting. Parts Pilot Program will run through Parts Pilot Program, 81 FR 61195 (Sept. Records: NTIA maintains records of January 2, 2018. Therefore, any 6, 2016), 1430 Off. Gaz. Pat. Office 269 all Committee proceedings. Committee certification and request to participate (Sept. 27, 2016). The USPTO received a records are available for public in the Extended Missing Parts Pilot total of two comments, and both inspection at NTIA’s Washington, DC Program must be filed on or before comments appear to support the pilot office at the address above. Documents January 2, 2018. The USPTO may program. The two comments are including the Committee’s charter, further extend the pilot program (with available via the USPTO’s Internet Web member list, agendas, minutes, and or without modifications) depending on site at https://www.uspto.gov/patent/ reports are available on NTIA’s Web site the feedback received and the continued laws-and-regulations/comments-public/ at http://www.ntia.doc.gov/category/ effectiveness of the pilot program. comments-extended-missing-parts-pilot- program. While the USPTO has not yet csmac. FOR FURTHER INFORMATION CONTACT: completed its evaluation of the pilot Dated: December 15, 2016. Eugenia A. Jones, Senior Legal Advisor, program, the increase in the number of Kathy D. Smith, Office of Patent Legal Administration, participants in the program over the Office of the Deputy Commissioner for Chief Counsel, National Telecommunications past five years indicates that there may and Information Administration. Patent Examination Policy, by telephone be sufficient benefits to the patent at (571) 272–7727, or Erin M. Harriman, [FR Doc. 2016–30679 Filed 12–20–16; 8:45 am] community. Thus, the USPTO is Legal Advisor, Office of Patent Legal BILLING CODE 3510–60–P extending the Extended Missing Parts Administration, Office of the Deputy Pilot Program until January 2, 2018, to Commissioner for Patent Examination allow the USPTO to continue its DEPARTMENT OF COMMERCE Policy, by telephone at (571) 272–7747. evaluation of the pilot program. Inquiries regarding this notice may be Patent and Trademark Office The requirements of the program, directed to the Office of Patent Legal which have not been modified, are [Docket No.: PTO–P–2016–0055] Administration, by telephone at (571) reiterated below. Applicants are 272–7701, or by electronic mail at strongly advised to review the pilot Extension of the Extended Missing [email protected]. program requirements before making a Parts Pilot Program Alternatively, mail may be addressed to: request to participate in the Extended Mail Stop Comments—, AGENCY: United States Patent and Missing Parts Pilot Program. See Pilot Commissioner for Patents, P.O. Box Program for Extended Time Period To Trademark Office, Commerce. 1450, Alexandria, VA 22313–1450, ACTION: Notice. Reply to a Notice To File Missing Parts marked to the attention of Eugenia A. of Nonprovisional Application, 75 FR SUMMARY: The United States Patent and Jones. 76401 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Trademark Office (USPTO) SUPPLEMENTARY INFORMATION: On Office 44 (Jan. 4, 2011). implemented a pilot program (Extended December 8, 2010, after considering The USPTO cautions all applicants Missing Parts Pilot Program) in which written comments from the public, the that, in order to claim the benefit of a an applicant, under certain conditions, USPTO changed the missing parts prior provisional application, the statute

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requires a nonprovisional application directly claim the benefit under 35 publication are not met, the applicant filed under 35 U.S.C. 111(a) to be filed U.S.C. 119(e) and 37 CFR 1.78 of a prior will need to satisfy the publication within 12 months after the date on provisional application filed within the requirements within a two-month which the corresponding provisional previous 12 months, and the specific extendable time period. application was filed. See 35 U.S.C. reference to the provisional application As noted above, applicants should 119(e). It is essential that applicants must be in an application data sheet request participation in the Extended understand that the Extended Missing under 37 CFR 1.76 (see 37 CFR Missing Parts Pilot Program by using Parts Pilot Program cannot and does not 1.78(a)(3)); and (4) the applicant must Form PTO/AIA/421. For patent change this statutory requirement. Title not have filed a nonpublication request. applications, the applicant may file the II of the Patent Law Treaties As required for all nonprovisional application and the certification and Implementation Act of 2012 (PLTIA) applications, the applicant will need to request electronically using the USPTO amended the provisions of title 35, satisfy filing date requirements and electronic filing system, EFS-Web, and United States Code, including 35 U.S.C. publication requirements. In the selecting the document description of 119(e), to implement the Patent Law rulemaking to implement the PLT and ‘‘Certification and Request for Missing Treaty (PLT). See Public Law 112–211, title II of the PLTIA, the USPTO Parts Pilot’’ for the certification and § 20–203, 126 Stat. 1527, 1533–37 provided that an application (other than request on the EFS-Web screen. Form (2012). In the rulemaking to implement an application for a design patent) filed PTO/AIA/421 is available on the the PLT and title II of the PLTIA, the on or after December 18, 2013, is not USPTO Web site at http:// www.uspto.gov/sites/default/files/ USPTO provided that an applicant may required to include a claim to be forms/aia0421.pdf. Information file a petition under 37 CFR 1.78(b) to entitled to a filing date. See Changes To regarding EFS-Web is available on the restore the benefit of a provisional Implement the Patent Law Treaty, 78 FR USPTO Web site at http:// application filed up to fourteen months 62367, 62638 (Oct. 21, 2013) (final rule). www.uspto.gov/patents-application- earlier. See Changes To Implement the This change was effective on December Patent Law Treaty, 78 FR 62367, 62368– process/applying-online/about-efs-web. 18, 2013, and applies to any application The utility application including the 69 (Oct. 21, 2013) (final rule). Any filed under 35 U.S.C. 111 on or after petition to restore the benefit of a certification and request to participate December 18, 2013. However, if an in the pilot program may also be hand- provisional application must include application is filed without any claims, the benefit claim, the petition fee, and carried to the USPTO or filed by mail, the Office of for example, by Priority Mail Express® a statement that the delay in filing the Processing will issue a notice giving the subsequent application was in accordance with 37 CFR 1.10. applicant a two-month (extendable) However, applicants are advised that, unintentional. This change was effective time period within which to submit at on December 18, 2013, and applies to effective November 15, 2011, as least one claim in order to avoid provided in the Leahy-Smith America any application filed before, on, or after abandonment (see 37 CFR 1.53(f)). The Invents Act, a new additional fee of December 18, 2013. However, if a Extended Missing Parts Pilot Program $400.00 for a non-small entity ($200.00 nonprovisional application is filed does not change this time period. In for a small entity) is due for any outside the 12 month period from the accordance with 35 U.S.C. 122(b), the nonprovisional utility patent date on which the corresponding USPTO will publish the application application that is not filed by EFS-Web. provisional application was filed, the promptly after the expiration of 18 See Public Law 112–29, 10(h), 125 Stat. nonprovisional application is not months from the earliest filing date for 283, 319 (2011). This non-electronic eligible for participation in the which benefit is sought. Therefore, the filing fee is due on filing of the utility Extended Missing Parts Pilot Program, nonprovisional application should also application or within the two-month even though the applicant may be able be in condition for publication as (extendable) time period to reply to the to restore the benefit of the provisional provided in 37 CFR 1.211(c). The Notice to File Missing Parts of application by submitting a petition following are required in order for the Nonprovisional Application. Applicants under 37 CFR 1.78(b). nonprovisional application to be in will not be given the 12-month time I. Requirements: In order for an condition for publication: (1) The basic period to pay the non-electronic filing applicant to be provided a 12-month filing fee; (2) the executed ’s fee. Therefore, utility applicants are (non-extendable) time period to pay the oath or declaration in compliance with strongly encouraged to file their utility search and examination fees and any 37 CFR 1.63 or an application data sheet applications via EFS-Web to avoid this required excess claims fees in response containing the information specified in additional fee. to a Notice to File Missing Parts of 37 CFR 1.63(b); (3) a specification in For plant patent applications, the Nonprovisional Application under the compliance with 37 CFR 1.52; (4) an applicant must file the application Extended Missing Parts Pilot Program, abstract in compliance with 37 CFR including the certification and request the applicant must satisfy the following 1.72(b); (5) drawings in compliance with to participate in the pilot program by conditions: (1) The applicant must 37 CFR 1.84 (if applicable); (6) any mail or hand-carried to the USPTO submit a certification and request to application size fee required under 37 since plant patent applications cannot participate in the Extended Missing CFR 1.16(s); (7) any English translation be filed electronically using EFS-Web. Parts Pilot Program with the required by 37 CFR 1.52(d); and (8) a See Legal Framework for Electronic nonprovisional application on filing, sequence listing in compliance with 37 Filing System—Web (EFS-Web), 74 FR preferably by using Form PTO/AIA/421, CFR 1.821–1.825 (if applicable). The 55200 (Oct. 27, 2009), 1348 Off. Gaz. titled ‘‘Certification and Request for USPTO also requires any compact disc Pat. Office 394 (Nov. 24, 2009). Extended Missing Parts Pilot Program’’; requirements to be satisfied and an II. Processing of Requests: If the (2) the application must be an original English translation of the provisional applicant satisfies the requirements (i.e., not a Reissue) nonprovisional application to be filed in the provisional (discussed above) on filing of the utility or plant application filed under application if the provisional nonprovisional application and the 35 U.S.C. 111(a) within the duration of application was filed in a non-English application is in condition for the pilot program; (3) the language and a translation has not yet publication, the USPTO will send the nonprovisional application must been filed. If the requirements for applicant a Notice to File Missing Parts

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of Nonprovisional Application that sets was effective on December 18, 2013, and DEPARTMENT OF EDUCATION a 12-month (non-extendable) time applies to any application filed under period to submit the search fee, the 35 U.S.C. 111 on or after December 18, Applications for New Awards; examination fee, any excess claims fees 2013. Although a claim is not required Supporting Effective Educator (under 37 CFR 1.16(h)–(j)), and the in a nonprovisional application (other Development Grant Program surcharge under 37 CFR 1.16(f) (for the than an application for a design patent) AGENCY: Office of Innovation and late submission of the search fee and for filing date purposes and the Improvement, Department of Education. examination fee). The 12-month time applicant may file an amendment ACTION: Notice. period will run from the mailing date, adding additional claims as prescribed or notification date for e-Office Action by 35 U.S.C. 112 and drawings as Overview Information: participants, of the Notice to File prescribed by 35 U.S.C. 113 later during Missing Parts. For information on the e- Supporting Effective Educator Office Action program, see Electronic prosecution, the applicant should Development (SEED) Grant Program Office Action, 1343 Off. Gaz. Pat. Office consider the benefits of submitting a Notice inviting applications for new 45 (June 2, 2009), and http:// complete set of claims and any awards for fiscal year (FY) 2016. www.uspto.gov/patents-application- necessary drawings on filing of the Catalog of Federal Domestic Assistance process/checking-application-status/e- nonprovisional application. This would (CFDA) Number: 84.367D office-action-program. After an reduce the likelihood that any claims Dates: applicant files a timely reply to the and/or drawings added later during Applications Available: December 21, Notice to File Missing Parts within the prosecution might be found to contain 2016. 12-month time period and the new matter. Also, if a patent is granted Deadline for Notice of Intent to Apply: nonprovisional application is and the patentee is successful in January 20, 2017. completed, the nonprovisional litigation against an infringer, Date of Informational Webinar: The application will be placed in the provisional rights to a reasonable SEED program intends to hold a examination queue based on the actual royalty under 35 U.S.C. 154(d) may be Webinar designed to provide technical filing date of the nonprovisional available only if the claims that are assistance to interested applicants. application. published in the patent application Detailed information regarding this For a detailed discussion regarding publication are substantially identical to Webinar will be provided on the SEED treatment of applications that are not in the patented claims that are infringed, Web site at http://innovation.ed.gov/ condition for publication, processing of assuming timely actual notice is what-we-do/teacher-quality/supporting- improper requests to participate in the effective-educator-development-grant- program, and treatment of provided. Thus, the importance of the claims that are included in the patent program/. authorizations to charge fees, see Pilot Deadline for Transmittal of Program for Extended Time Period To application publication should not be overlooked. Applications: March 7, 2017. Reply to a Notice to File Missing Parts Deadline for Intergovernmental of Nonprovisional Application, 75 FR Applicants are also advised that the Review: April 20, 2017. 76401, 76403–04 (Dec. 8, 2010), 1362 extended missing parts period does not Off. Gaz. Pat. Office 44, 47–49 (Jan. 4, affect the 12-month priority period Full Text of Announcement 2011). provided by the Paris Convention for I. Funding Opportunity Description III. Important Reminders: Applicants the Protection of Industrial Property are reminded that the disclosure of an Purpose of Program: The SEED (Paris Convention). Accordingly, any program provides funding for grants to in a provisional application foreign filings must, in most cases, still should be as complete as possible National Not-for-Profit Organizations for be made within 12 months of the filing because the claimed subject matter in projects that support teacher or date of the provisional application if the the later-filed nonprovisional principal training or professional application must have support in the applicant wishes to rely on the enhancement activities and that are provisional application in order for the provisional application in the foreign- supported by at least Moderate Evidence applicant to obtain the benefit of the filed application or if protection is of Effectiveness. The purpose of the filing date of the provisional desired in a country requiring filing program is to increase the number of application. within 12 months of the earliest Highly Effective Teachers and Furthermore, the nonprovisional application for which rights are left Principals by developing or expanding application as originally filed must have outstanding in order to be entitled to the implementation of practices that are a complete disclosure that complies priority. demonstrated to have an impact on with 35 U.S.C. 112(a) and is sufficient For additional reminders, see Pilot improving Student Achievement or to support the claims submitted on Program for Extended Time Period To Student Growth. These grants will allow filing and any claims submitted later Reply to a Notice to File Missing Parts eligible entities to develop, expand, and during prosecution. New matter cannot evaluate practices that can serve as of Nonprovisional Application, 75 FR be added to an application after the models that can be sustained and 76401, 76405 (Dec. 8, 2010), 1362 Off. filing date of the application. See 35 disseminated. U.S.C. 132(a). In the rulemaking to Gaz. Pat. Office 44, 50 (Jan. 4, 2011). Please note that on December 10, implement the PLT and title II of the Dated: December 15, 2016. 2015, President Obama signed into law PLTIA, the USPTO provided that, in Michelle K. Lee, the Every Student Succeeds Act (ESSA), order to be accorded a filing date, a Under Secretary of Commerce for Intellectual which reauthorized the Elementary and nonprovisional application (other than Property and Director of the United States Secondary Education Act of 1965 an application for a design patent) must Patent and Trademark Office. (ESEA). ESSA provided specific include a specification with or without [FR Doc. 2016–30733 Filed 12–20–16; 8:45 am] statutory authority for the SEED claims. See Changes To Implement the program, under section 2242, for grant BILLING CODE 3510–16–P Patent Law Treaty, 78 FR 62367, 62369 competitions beginning with funds (Oct. 21, 2013) (final rule). This change appropriated for FY 2017. Accordingly,

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