[Federal Register Volume 88, Number 76 (Thursday, April 20, 2023)]
[Notices]
[Pages 24392-24393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08346]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2023-0017]
Patent Public Advisory Committee Public Hearing on the Proposed
Patent Fee Schedule
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of public hearing.
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SUMMARY: The United States Patent and Trademark Office (USPTO) is
announcing the date, time, and place of a public hearing that will be
held by the Patent Public Advisory Committee (PPAC) on the USPTO's
proposed setting or adjusting of patent fees pursuant to the USPTO's
fee setting authority under section 10 of the Leahy-Smith America
Invents Act (AIA), as amended. The USPTO will make its proposed patent
fees available--as set forth in the SUPPLEMENTARY INFORMATION section
of this notice--before the PPAC hearing. The public is invited to
testify at the hearing and submit written comments regarding proposed
patent fees.
DATES: A hybrid public hearing will be held on Thursday, May 18, 2023,
from 1-3 p.m. ET. The USPTO will publish a proposed patent fee schedule
and related supplementary information for public viewing no later than
May 4, 2023, on the fee setting and adjusting section of the USPTO
website, www.uspto.gov/FeeSettingAndAdjusting. Anyone wishing to
present oral testimony at the hearing must submit a written request for
an opportunity to do so no later than May 11, 2023. Written comments on
proposed patent fees will be accepted until May 25, 2023.
ADDRESSES: The hybrid public hearing will be held in person in the
Clara Barton Auditorium at the USPTO, 600 Dulany Street, Alexandria,
Virginia 22314. The hearing will also be available via live feed for
those wishing to attend remotely. Information on remote attendance will
be posted on the PPAC section of the USPTO website, www.uspto.gov/ppac,
before the hearing.
Requests To Present Oral Testimony
The public is invited to testify at the hearing and submit written
comments regarding proposed patent fees. Anyone wishing to present oral
testimony at the hearing must submit a request in writing no later than
May 11, 2023. Requests to testify should indicate:
A. The name of the person wishing to testify;
B. The person's contact information (telephone number and email
address);
C. The organization(s) the person represents, if any;
D. An indication of the amount of time needed for the testimony;
and
E. An indication of whether testimony will be provided in person or
remotely.
Speaking slots are limited, and the USPTO may be unable to honor
all requests. Requests to testify must be submitted by email to
Jennifer Lo at [email protected]. If more requests to provide oral
testimony are received than time allows, requestors will be invited to
submit written comments. Time slots will be at least five minutes each.
Speakers providing testimony at the hearing should submit a written
copy of their testimony for inclusion in the record of the proceedings
no later than May 25, 2023.
An agenda for witness testimony will be sent to testifying
requesters and posted on the fee setting and adjusting section of the
USPTO website, www.uspto.gov/FeeSettingAndAdjusting. If time allows,
the PPAC may permit unscheduled testimony.
The hearing will be physically accessible to people with
disabilities. Individuals requiring accommodation, such as sign
language interpretation or other ancillary aids, should communicate
their needs to the individuals listed under the FOR FURTHER INFORMATION
CONTACT section of this notice at least seven (7) business days prior
to the hearing.
Written Comments
Written comments on proposed patent fees must be submitted through
the Federal eRulemaking Portal at www.regulations.gov. To submit
comments via the portal, commenters should enter docket number PTO-P-
2023-0017 on the homepage and select the Search button. The site will
provide search results listing all documents associated with this
docket. Commenters can find a reference to this notice and select the
Comment icon, complete the required fields, and enter or attach their
comments. Attachments to electronic comments will be accepted in Adobe
portable document format (PDF) or Microsoft Word format. Information
that you do not want to make public, such as an address or phone
number, should not be included in the comments to protect your privacy.
Visit the Federal eRulemaking Portal for additional instructions on
providing comments via the portal. If electronic submission of comments
is not possible, please contact the USPTO using the contact information
below at the FOR FURTHER INFORMATION CONTACT section of this notice for
special instructions.
Recordings
A recording of the public hearing will be posted on the fee setting
and adjusting section of the USPTO website, www.uspto.gov/FeeSettingAndAdjusting, shortly after the hearing.
Transcripts
A transcript of the hearing will be available on the fee setting
and adjusting section of the USPTO website, www.uspto.gov/FeeSettingAndAdjusting, shortly after the hearing.
FOR FURTHER INFORMATION CONTACT: Brendan Hourigan, Director, Office of
Planning and Budget, at 571-272-8966, or at [email protected];
or Dianne Buie, Director, Forecasting and Analysis Division, at 571-
272-6301, or at [email protected].
SUPPLEMENTARY INFORMATION: The USPTO is authorized under section 10 of
the AIA to set or adjust by rule all patent and trademark fees
established, authorized, or charged under title 35 of the United States
Code and the Trademark Act of 1946, respectively. This authority was
extended through September 15, 2026, by the Study of Underrepresented
Classes Chasing Engineering and Science Success Act of
[[Page 24393]]
2018 (Pub. L. 115-273). Patent and trademark fees set or adjusted by
rule under section 10 of the AIA may only recover the aggregate
estimated costs to the USPTO for processing, activities, services, and
materials relating to patents and trademarks, respectively, including
administrative costs of the office with respect to each. Congress set
forth the process for the USPTO to follow in setting or adjusting
patent and trademark fees by rule under section 10 of the AIA,
including additional procedural steps in the rulemaking proceeding for
issuance of regulations under this section. Congress requires the
relevant advisory committee to hold a public hearing regarding proposed
fees after receiving the proposal from the USPTO. Congress, likewise,
requires the relevant advisory committee to prepare a written report on
proposed fees and the USPTO to consider the relevant advisory
committee's report before finally setting or adjusting fees.
The USPTO is planning to exercise its fee setting authority to set
or adjust patent fees. The USPTO will publish a proposed patent fee
schedule and related supplementary information for public viewing no
later than May 4, 2023, on the fee setting and adjusting section of the
USPTO website, www.uspto.gov/FeeSettingAndAdjusting. The PPAC will hold
a public hearing regarding the proposed patent fee schedule on the date
indicated in this notice. The USPTO will assist the PPAC in holding the
hearing by providing resources to organize the hearing and notifying
the public. Following the PPAC public hearing and considering all
comments, advice, and recommendations, the USPTO, if it continues with
the fee setting process, will publish a Notice of Proposed Rulemaking
in the Federal Register, setting forth its proposed patent fees.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2023-08346 Filed 4-19-23; 8:45 am]
BILLING CODE 3510-16-P