Facilitating the Use of WIPO's ePCT System To Prepare International Applications for Filing With the United States Receiving Office
| Published date | 30 January 2020 |
| Citation | 85 FR 5362 |
| Record Number | 2020-01765 |
| Section | Proposed rules |
| Court | Patent And Trademark Office |
5362
Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Proposed Rules
DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Part 5
[Docket No. PTO–P–2019–0033]
RIN 0651–AD43
Facilitating the Use of WIPO’s ePCT
System To Prepare International
Applications for Filing With the United
States Receiving Office
AGENCY
: United States Patent and
Trademark Office, Department of
Commerce.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: The United States Patent and
Trademark Office (USPTO or Office) is
proposing to amend the foreign filing
license rules to facilitate use of ePCT (a
World Intellectual Property
Organization (WIPO) online web-based
service) to prepare an international
application for filing with the USPTO in
its capacity as a Receiving Office under
the Patent Cooperation Treaty (PCT).
ePCT offers many benefits to users,
including real time up-to-date
validation features to help users
properly complete the PCT Request.
ePCT resides on WIPO’s servers abroad
and is accessed via an internet browser
on the user’s system. While the current
foreign filing license rules would
authorize the export of technical data to
ePCT for purposes of preparing an
international application for filing in a
foreign PCT Receiving Office, the
current rules do not authorize the export
of technical data to ePCT for purposes
of preparing an international
application for filing with the USPTO as
a Receiving Office. The USPTO is thus
proposing to amend the foreign filing
license rules to provide that a foreign
filing license from the USPTO would
authorize the export of technical data
abroad for purposes relating to the use
of ePCT to prepare an international
application for filing with the USPTO in
its capacity as a Receiving Office under
the PCT.
DATES
: Written comments must be
received on or before March 30, 2020.
ADDRESSES
: Comments should be sent
by email addressed to:
AD43.comments@uspto.gov. Comments
also may be submitted by postal mail
addressed to: Mail Stop Comments—
Patents, Commissioner for Patents, P.O.
Box 1450, Alexandria, VA 22313–1450,
marked to the attention of Boris Milef,
Senior Legal Examiner, International
Patent Legal Administration.
Comments further may be sent via the
Federal eRulemaking Portal. Visit the
Federal eRulemaking Portal website
(http://www.regulations.gov) for
additional instructions on providing
comments via the Federal eRulemaking
Portal.
Although comments may be
submitted by postal mail, the USPTO
prefers to receive comments by email.
Emailed comments are preferred to be
submitted in plain text, but also may be
submitted in Adobe
®
portable document
format or Microsoft Word
®
format.
Comments not submitted by email or via
the Federal eRulemaking Portal should
be submitted on paper in a format that
facilitates convenient digital scanning
into Adobe
®
portable document format.
The comments will be available for
viewing via the USPTO’s website
(https://www.uspto.gov/patent/laws-
and-regulations/comments-public-
response-specific-requests-uspto).
Because comments will be made
available for public inspection,
information that the submitter does not
desire to make public, such as an
address or phone number, should not be
included in the comments.
FOR FURTHER INFORMATION CONTACT
:
Michael Neas, Deputy Director,
International Patent Legal
Administration, at (571) 272–3289, or
Boris Milef, Senior Legal Examiner,
International Patent Legal
Administration, at (571) 272–3288.
SUPPLEMENTARY INFORMATION
:
Executive Summary: Purpose: The
rules of practice in 37 CFR part 5 are
proposed to be amended to expand the
scope of a foreign filing license from the
USPTO to allow U.S. applicants to use
WIPO’s ePCT web-based service to help
prepare their international applications
for filing with the USPTO acting as a
PCT Receiving Office.
Summary of Major Provisions: Under
current 37 CFR 5.11(b), a foreign filing
license from the Commissioner for
Patents authorizes the export of
technical data abroad for purposes
relating to the preparation, filing or
possible filing and prosecution of a
foreign application, including an
international application for filing in a
PCT Receiving Office other than the
USPTO acting as a Receiving Office. See
37 CFR 5.1(b)(2). 37 CFR 5.11 does not
authorize the export of technical data
abroad for purposes relating to the
preparation of an international
application for filing with the USPTO
acting as a Receiving Office. WIPO’s
ePCT web-based service, residing on
servers abroad, offers many benefits to
U.S. applicants seeking to prepare and
file an international application with
the USPTO as a Receiving Office,
including real time up-to-date
validation features to help applicants
properly complete the PCT Request. The
provisions of 37 CFR 5.11(b) are
proposed to be amended to provide that
a foreign filing license from the
Commissioner for Patents would
authorize the export of technical data
abroad for purposes relating to the use
of WIPO’s online service for preparing
an international application for filing
with the USPTO as a Receiving Office.
Costs and Benefits: This rulemaking is
not economically significant under
Executive Order 12866 (Sept. 30, 1993).
Background: On June 1, 2016, the
United States Receiving Office (RO/US)
began accepting international
applications filed electronically with
zip files created by the World
Intellectual Property Organization’s
(WIPO) online service, ePCT. See Use of
WIPO’s ePCT System for Preparing the
PCT Request for Filing as Part of an
International Application with the
USPTO as Receiving Office, 81 FR
27417 (May 6, 2016). ePCT is a web-
based service that provides for
electronic filing of international
applications with certain PCT Receiving
Offices and includes validation features
to help users properly complete the PCT
Request. ePCT also provides for secure
electronic access, file management, and
document submissions for international
applications held by the International
Bureau (IB). ePCT is accessed via an
internet browser on the user’s system,
and all information input into ePCT is
stored securely on WIPO’s servers.
Detailed information on ePCT can be
found at https://pct.eservices.wipo.int/
direct.aspx?T=EN&UG=4.
WIPO also makes available and
maintains PCT Secure Applications
Filed Electronically (PCT–SAFE)
software, which must be installed on the
user’s system. Both PCT–SAFE and
ePCT include validation features to help
users properly complete the PCT
Request. Since the PCT–SAFE
validation can only be made against the
version of the software installed on the
user’s system, the most up-to-date
version of PCT–SAFE is required in
order to ensure accurate validation. In
contrast to PCT–SAFE, validation in the
ePCT system is made in real time and
does not require software updates.
Furthermore, like PCT–SAFE, the zip
file generated by ePCT, which contains
a PCT Request in character coded
format, also entitles the applicant to the
same reduction in international filing
fees as indicated in item 4(b) of the PCT
Schedule of Fees (http://www.wipo.int/
pct/en/texts/rules/rtax.htm#_S). The use
of the ePCT zip file would still require
all other documents and application
parts to be prepared and loaded
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Proposed Rules
separately in EFS-Web for filing of the
international application.
By using ePCT, an international
application will be associated with the
user’s ePCT account, even before the
application is filed, thereby allowing
users to share access rights with others
prior to filing, if needed. In addition,
after the record copy is received by the
IB, the application file may be viewed
online via ePCT without the need to
separately request access rights.
Applicants who are residents and/or
nationals of the United States and its
territories can file international
applications directly with the Receiving
Office of the IB via ePCT or other
means, provided that any national
security provisions have been met prior
to filing, including obtaining any
required foreign filing license. See 37
CFR 5.11 and MPEP 140. The current
provisions of 37 CFR 5.11(b) authorize
U.S. applicants having a foreign filing
license to export technical data abroad
to servers located outside the United
States hosting ePCT to prepare
international applications for filing with
the IB as a Receiving Office, without
having to separately comply with the
regulations contained in 22 CFR parts
120 through 130 (International Traffic in
Arms Regulations of the Department of
State), 15 CFR parts 730 through 774
(Export Administration Regulations of
the Bureau of Industry and Security,
Department of Commerce), and 10 CFR
part 810 (Assistance to Foreign Atomic
Energy Activities Regulations of the
Department of Energy). Id. The current
provisions of 37 CFR 5.11(b), however,
do not authorize the export of technical
data to such servers for the purpose of
preparing international applications for
filing with the USPTO as a Receiving
Office (RO/US). Applicants wishing to
use ePCT to prepare an international
application for filing with the RO/US
currently must ensure compliance with
the regulations set forth in 37 CFR
5.11(b).
The changes to the regulations
proposed in this document would
permit applicants having a foreign filing
license from the USPTO to use ePCT to
prepare an international application for
filing with the RO/US without having to
separately comply with the regulations
set forth in 37 CFR 5.11(b). In addition,
the information that the USPTO collects
from a PCT Request form electronically
prepared via ePCT is the same
information that it collects from the
paper PCT Request form, which has
been reviewed and previously approved
by the Office of Management and
Budget (OMB) under control number
0651–0021.
Discussion of Specific Rules
The following is a discussion of
proposed amendments to Title 37 of the
Code of Federal Regulations, part 5.
Section 5.1: Section 5.1(b)(2) is
proposed to be amended to change the
text ‘‘foreign patent office, foreign
patent agency, or international agency’’
to ‘‘foreign or international intellectual
property authority,’’ for consistency, as
the term ‘‘intellectual property
authority’’ is generally used in the
patent statutes and other patent rules.
See, e.g., 35 U.S.C. 111(c) and 119(b)(1)
and (b)(3), and 37 CFR 1.55, 1.57(a), and
1.76(b)(6).
Section 5.11: Section 5.11(a) is
proposed to be amended to change the
text ‘‘foreign patent office, foreign
patent agency, or any international
agency’’ to ‘‘foreign or international
intellectual property authority,’’
consistent with the change to § 5.1(b)(2).
Section 5.11(b) is proposed to be
amended to provide that a license from
the Commissioner of Patents under 35
U.S.C. 184 referred to in § 5.11(a)
(‘‘foreign filing license’’) would
additionally authorize the export of
technical data abroad for purposes
relating to the use of a World
Intellectual Property Organization
(WIPO) online service for preparing an
international application for filing with
the USPTO as a Receiving Office (RO/
US) under the Patent Cooperation
Treaty.
The proposed amendment would
authorize applicants having a foreign
filing license from the USPTO to use
ePCT to prepare an international
application for filing with the RO/US
without having to separately comply
with the regulations identified in
§ 5.11(b), i.e., the regulations contained
in 22 CFR parts 120 through 130
(International Traffic in Arms
Regulations of the Department of State),
15 CFR parts 730 through 774 (Export
Administration Regulations of the
Bureau of Industry and Security,
Department of Commerce), and 10 CFR
part 810 (Assistance to Foreign Atomic
Energy Activities Regulations of the
Department of Energy).
Section 5.11(e)(3) is proposed to be
amended to change ‘‘foreign patent
application’’ to ‘‘foreign application’’ for
consistency with the definition of
foreign application in § 5.1(b)(2).
Section 5.12: Section 5.12(a) is
proposed to be amended to clarify that
for an application on an invention made
in the United States to be considered to
include a petition for license under 35
U.S.C. 184, the application must be filed
in the United States Patent and
Trademark Office. An application that is
filed abroad on an invention made in
the United States but which comes to
the United States for examination, for
example, in the case of an international
design application designating the
United States that is filed abroad, would
not be considered to include a petition
for a foreign filing license. Where an
application was filed abroad through
error without the required license under
§ 5.11 first having been obtained,
applicants should consider filing a
petition for retroactive license under
§ 5.25.
Section 5.15: Section 5.15(a) is
proposed to be amended for clarity to
include a reference to § 5.11(b)
concerning the export of technical data.
In addition, ‘‘foreign patent agency or
international patent agency’’ is changed
to ‘‘foreign or international intellectual
property authority.’’ See discussion of
§ 5.1(b)(2), supra. Section 5.15(a) also is
proposed to be amended to clarify that
the grant of the license also covers
material submitted under § 5.13, where
there is no corresponding U.S.
application.
Sections 5.15(b) and 5.15(e) are
proposed to be amended consistent with
the proposed amendments to § 5.15(a).
Rulemaking Considerations
A. Administrative Procedure Act: This
document proposes changes to the rules
of practice to facilitate use of WIPO’s
ePCT system to prepare international
applications for filing with the United
States Receiving Office. The changes
being proposed in this document do not
change the substantive criteria of
patentability. These proposed changes
involve rules of agency practice and
procedure, and/or interpretive rules. See
Bachow Commc’ns Inc. v. FCC, 237 F.3d
683, 690 (D.C. Cir. 2001) (rules
governing an application process are
procedural under the Administrative
Procedure Act); Inova Alexandria Hosp.
v. Shalala, 244 F.3d 342, 350 (4th Cir.
2001) (rules for handling appeals are
procedural where they do not change
the substantive standard for reviewing
claims); Nat’l Org. of Veterans’
Advocates v. Sec’y of Veterans Affairs,
260 F.3d 1365, 1375 (Fed. Cir. 2001)
(rule that clarifies interpretation of a
statute is interpretive).
Accordingly, prior notice and
opportunity for public comment for
these proposed changes are not required
pursuant to 5 U.S.C. 553(b) or (c) (or any
other law). See Cooper Techs. Co. v.
Dudas, 536 F.3d 1330, 1336–37 (Fed.
Cir. 2008) (stating that 5 U.S.C. 553, and
thus 35 U.S.C. 2(b)(2)(B), does not
require notice and comment rulemaking
for ‘‘interpretative rules, general
statements of policy, or rules of agency
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organization, procedure, or practice’’)
(quoting 5 U.S.C. 553(b)(A)). The
USPTO, however, is publishing these
proposed changes for comment as it
seeks the benefit of the public’s views
on the USPTO’s proposed
implementation of the proposed rule
changes.
B. Regulatory Flexibility Act: For the
reasons set forth herein, the Senior
Counsel for Regulatory and Legislative
Affairs in the Office of General Law of
the United States Patent and Trademark
Office has certified to the Chief Counsel
for Advocacy of the Small Business
Administration that changes proposed
in this document will not have a
significant economic impact on a
substantial number of small entities. See
5 U.S.C. 605(b).
The changes proposed in this
document will facilitate use of WIPO’s
ePCT system to prepare international
applications for filing with the United
States Receiving Office and will apply
to any entity, including a small or micro
entity, that uses ePCT to prepare an
international patent application under
the PCT for filing with the RO/US. The
changes proposed in this document will
not result in a change in the burden
imposed on any patent applicant,
including a small entity.
For the foregoing reasons, the changes
proposed in this document will not
have a significant economic impact on
a substantial number of small entities.
C. Executive Order 12866 (Regulatory
Planning and Review): This rulemaking
has been determined to be not
significant for purposes of Executive
Order 12866 (Sept. 30, 1993).
D. Executive Order 13563 (Improving
Regulation and Regulatory Review): The
USPTO has complied with Executive
Order 13563. Specifically, the USPTO
has, to the extent feasible and
applicable: (1) Made a reasoned
determination that the benefits justify
the costs of the rule; (2) tailored the rule
to impose the least burden on society
consistent with obtaining the regulatory
objectives; (3) selected a regulatory
approach that maximizes net benefits;
(4) specified performance objectives; (5)
identified and assessed available
alternatives; (6) involved the public in
an open exchange of information and
perspectives among experts in relevant
disciplines, affected stakeholders in the
private sector and the public as a whole,
and provided on-line access to the
rulemaking docket; (7) attempted to
promote coordination, simplification,
and harmonization across government
agencies and identified goals designed
to promote innovation; (8) considered
approaches that reduce burdens and
maintain flexibility and freedom of
choice for the public; and (9) ensured
the objectivity of scientific and
technological information and
processes.
E. Executive Order 13771 (Reducing
Regulation and Controlling Regulatory
Costs): This proposed rule is not
expected to be an Executive Order
13771 regulatory action because the rule
as proposed would not be significant
under Executive Order 12866.
F. Executive Order 13132
(Federalism): This rulemaking does not
contain policies with federalism
implications sufficient to warrant
preparation of a Federalism Assessment
under Executive Order 13132 (Aug. 4,
1999).
G. Executive Order 13175 (Tribal
Consultation): This rulemaking will not:
(1) Have substantial direct effects on one
or more Indian tribes; (2) impose
substantial direct compliance costs on
Indian tribal governments; or (3)
preempt tribal law. Therefore, a tribal
summary impact statement is not
required under Executive Order 13175
(Nov. 6, 2000).
H. Executive Order 13211 (Energy
Effects): This rulemaking is not a
significant energy action under
Executive Order 13211 because this
rulemaking is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Therefore,
a Statement of Energy Effects is not
required under Executive Order 13211
(May 18, 2001).
I. Executive Order 12988 (Civil Justice
Reform): This rulemaking meets
applicable standards to minimize
litigation, eliminate ambiguity, and
reduce burden as set forth in sections
3(a) and 3(b)(2) of Executive Order
12988 (Feb. 5, 1996).
J. Executive Order 13045 (Protection
of Children): This rulemaking does not
concern an environmental risk to health
or safety that may disproportionately
affect children under Executive Order
13045 (Apr. 21, 1997).
K. Executive Order 12630 (Taking of
Private Property): This rulemaking will
not affect a taking of private property or
otherwise have taking implications
under Executive Order 12630 (Mar. 15,
1988).
L. Congressional Review Act: Under
the Congressional Review Act
provisions of the Small Business
Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801 et seq.), prior to
issuing any final rule, the United States
Patent and Trademark Office will
submit a report containing the final rule
and other required information to the
United States Senate, the United States
House of Representatives, and the
Comptroller General of the Government
Accountability Office. The changes in
this document are not expected to result
in an annual effect on the economy of
100 million dollars or more, a major
increase in costs or prices, or significant
adverse effects on competition,
employment, investment, productivity,
innovation, or the ability of United
States-based enterprises to compete
with foreign-based enterprises in
domestic and export markets. Therefore,
this document is not expected to result
in a ‘‘major rule’’ as defined in 5 U.S.C.
804(2).
M. Unfunded Mandates Reform Act of
1995: The changes set forth in this
document do not involve a Federal
intergovernmental mandate that will
result in the expenditure by State, local,
and tribal governments, in the aggregate,
of 100 million dollars (as adjusted) or
more in any one year, or a Federal
private sector mandate that will result
in the expenditure by the private sector
of 100 million dollars (as adjusted) or
more in any one year, and will not
significantly or uniquely affect small
governments. Therefore, no actions are
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995. See 2 U.S.C. 1501 et seq.
N. National Environmental Policy
Act: This rulemaking will not have any
effect on the quality of the environment
and is thus categorically excluded from
review under the National
Environmental Policy Act of 1969. See
42 U.S.C. 4321 et seq.
O. National Technology Transfer and
Advancement Act: The requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) are not
applicable because this rulemaking does
not contain provisions that involve the
use of technical standards.
P. Paperwork Reduction Act: The
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) requires that the
Office consider the impact of paperwork
and other information collection
burdens imposed on the public. This
rulemaking involves information
collection requirements which are
subject to review by OMB under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3549). The collection of
information involved in this rulemaking
has been reviewed and previously
approved by OMB under control
number 0651–0021. This rulemaking
does not impose any additional
collection requirements under the
Paperwork Reduction Act which are
subject to further review by OMB. The
collections of information already
approved under control number 0651–
0021 support the actions proposed in
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this rulemaking. Therefore, no changes
are required in the collection.
Notwithstanding any other provision
of law, no person is required to respond
to, nor shall any person be subject to a
penalty for failure to comply with a
collection of information subject to the
requirements of the Paperwork
Reduction Act unless that collection of
information displays a currently valid
OMB control number.
List of Subjects in 37 CFR Part 5
Classified information, Exports,
Foreign relations, Inventions and
patents.
For the reasons set forth in the
preamble, 37 CFR part 5 is proposed to
be amended as follows:
PART 5—SECRECY OF CERTAIN
INVENTIONS AND LICENSES TO
EXPORT AND FILE APPLICATIONS IN
FOREIGN COUNTRIES
■1. The authority citation for 37 CFR
part 5 is revised to read as follows:
Authority: 35 U.S.C. 2(b)(2), 41, 181–188,
as amended by the Patent Law Foreign Filing
Amendments Act of 1988, Pub. L. 100–418,
102 Stat. 1567; the Arms Export Control Act,
as amended, 22 U.S.C. 2751 et seq.; the
Atomic Energy Act of 1954, as amended, 42
U.S.C. 2011 et seq.; the Nuclear Non
Proliferation Act of 1978, 22 U.S.C. 3201 et
seq.; and the delegations in the regulations
under these Acts to the Director (15 CFR
370.10(j), 22 CFR 125.04, and 10 CFR 810.7).
■2. Section 5.1 is amended by revising
paragraph (b)(2) to read as follows:
§ 5.1 Applications and correspondence
involving national security.
* * * * *
(b) * * *
(2) Foreign application as used in this
part includes, for filing in a foreign
country or in a foreign or international
intellectual property authority (other
than the United States Patent and
Trademark Office acting as a Receiving
Office for international applications (35
U.S.C. 361, 37 CFR 1.412) or as an office
of indirect filing for international design
applications (35 U.S.C. 382, 37 CFR
1.1002)) any of the following: An
application for patent, international
application, international design
application, or application for the
registration of a utility model, industrial
design, or model.
* * * * *
■3. Section 5.11 is amended by revising
paragraphs (a), (b) and the introductory
text of paragraph (e)(3) to read as
follows:
§ 5.11 License for filing in, or exporting to,
a foreign country an application on an
invention made in the United States or
technical data relating thereto.
(a) A license from the Commissioner
for Patents under 35 U.S.C. 184 is
required before filing any application
for patent including any modifications,
amendments, or supplements thereto or
divisions thereof or for the registration
of a utility model, industrial design, or
model, in a foreign country or in a
foreign or international intellectual
property authority (other than the
United States Patent and Trademark
Office acting as a Receiving Office for
international applications (35 U.S.C.
361, 37 CFR 1.412) or as an office of
indirect filing for international design
applications (35 U.S.C. 382, 37 CFR
1.1002)), if the invention was made in
the United States, and:
(1) An application on the invention
has been filed in the United States less
than six months prior to the date on
which the application is to be filed; or
(2) No application on the invention
has been filed in the United States.
(b) The license from the
Commissioner for Patents referred to in
paragraph (a) of this section would also
authorize the export of technical data
abroad for purposes relating to (i) the
preparation, filing or possible filing and
prosecution of a foreign application and
(ii) the use of a World Intellectual
Property Organization online service for
preparing an international application
for filing with the United States Patent
and Trademark Office acting as a
Receiving Office (35 U.S.C. 361, 37 CFR
1.412) without separately complying
with the regulations contained in 22
CFR parts 120 through 130
(International Traffic in Arms
Regulations of the Department of State),
15 CFR parts 730 through 774 (Export
Administration Regulations of the
Bureau of Industry and Security,
Department of Commerce), and 10 CFR
part 810 (Assistance to Foreign Atomic
Energy Activities Regulations of the
Department of Energy).
* * * * *
(e) * * *
(3) For subsequent modifications,
amendments and supplements
containing additional subject matter to,
or divisions of, a foreign application if:
* * * * *
■4. Section 5.12 is amended by revising
paragraph (a) to read as follows:
§ 5.12 Petition for license.
(a) Filing of an application in the
United States Patent and Trademark
Office on an invention made in the
United States will be considered to
include a petition for license under 35
U.S.C. 184 for the subject matter of the
application. The filing receipt or other
official notice will indicate if a license
is granted. If the initial automatic
petition is not granted, a subsequent
petition may be filed under paragraph
(b) of this section.
* * * * *
■5. Section 5.15 is amended by revising
the introductory text of paragraph (a)
and paragraphs (a)(1), (b) and (e) to read
as follows:
§ 5.15 Scope of license.
(a) Applications or other materials
reviewed pursuant to §§ 5.12 through
5.14, which were not required to be
made available for inspection by
defense agencies under 35 U.S.C. 181,
will be eligible for a license of the scope
provided in this paragraph. This license
permits subsequent modifications,
amendments, and supplements
containing additional subject matter to,
or divisions of, a foreign application, if
such changes to the application do not
alter the general nature of the invention
in a manner that would require the
United States application to have been
made available for inspection under 35
U.S.C. 181. Grant of this license
authorizes the export of technical data
pursuant to § 5.11(b) and the filing of an
application in a foreign country or to
any foreign or international intellectual
property authority when the technical
data and the subject matter of the
foreign application corresponds to that
of the application or other materials
reviewed pursuant to §§ 5.12 through
5.14 upon which the license was
granted. This license includes authority:
(1) To export and file all duplicate
and formal application papers in foreign
countries or with foreign or
international intellectual property
authorities;
* * * * *
(b) Applications or other materials
which were required to be made
available for inspection under 35 U.S.C.
181 will be eligible for a license of the
scope provided in this paragraph. Grant
of this license authorizes the export of
technical data pursuant to § 5.11(b) and
the filing of an application in a foreign
country or to any foreign or
international intellectual property
authority. Further, this license includes
authority to export and file all duplicate
and formal papers in foreign countries
or with foreign or international
intellectual property authorities and to
make amendments, modifications, and
supplements to, file divisions of, and
take any action in the prosecution of the
foreign application, provided subject
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Federal Register / Vol. 85, No. 20 / Thursday, January 30, 2020 / Proposed Rules
matter additional to that covered by the
license is not involved.
* * * * *
(e) Any paper filed abroad or
transmitted to a foreign or international
intellectual property authority following
the filing of a foreign application that
changes the general nature of the subject
matter disclosed at the time of filing in
a manner that would require such
application to have been made available
for inspection under 35 U.S.C. 181 or
that involves the disclosure of subject
matter listed in paragraph (a)(3)(i) or (ii)
of this section must be separately
licensed in the same manner as a foreign
application. Further, if no license has
been granted under § 5.12(a) on filing
the corresponding United States
application, any paper filed abroad or
with a foreign or international
intellectual property authority that
involves the disclosure of additional
subject matter must be licensed in the
same manner as a foreign application.
* * * * *
Dated: January 21, 2020.
Andrei Iancu,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2020–01765 Filed 1–29–20; 8:45 am]
BILLING CODE 3510–16–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 19–195 and 11–10; FRS
16419]
Petitions for Reconsideration of Action
in Rulemaking Proceeding
AGENCY
: Federal Communications
Commission.
ACTION
: Petition for reconsideration.
SUMMARY
: Petitions for Reconsideration
(Petitions) have been filed in the
Commission’s proceeding listed below
by Angie Kronenberg, on behalf of
INCOMPAS, and Paula Boyd, on behalf
of Microsoft Corporation.
DATES
: Oppositions to the Petitions
must be filed on or before February 14,
2020. Replies to an opposition must be
filed on or before February 10, 2020.
ADDRESSES
: Federal Communications
Commission, 445 12th Street SW,
Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT
:
Michael Ray, Attorney Advisor,
Wireline Competition Bureau,
Competition Policy Division, (202) 418–
0357.
SUPPLEMENTARY INFORMATION
: The full
text of the Petitions are available for
viewing and copying at the FCC
Reference Information Center, 445 12th
Street SW, Room CY–A257,
Washington, DC 20554. Petitions also
may be accessed online via the
Commission’s Electronic Comment
Filing System at: http://apps.fcc.gov/
ecfs/. The Commission will not send a
Congressional Review Act (CRA)
submission to Congress or the
Government Accountability Office
pursuant to the CRA, 5 U.S.C. 801
because no rules are being adopted by
the Commission.
Subject: Establishing the Digital
Opportunity Data Collection;
Modernizing the FCC Form 477 Data
Program, WC Docket Nos. 19–195 and
11–10, Report and Order and Second
Further Notice of Proposed Rulemaking,
FCC 19–79, published at 84 FR 43705,
August 22, 2019. This document is
being published pursuant to 47 CFR
1.429(e). See also 47 CFR 1.4(b)(1) and
1.429(f), (g).
Number of Petitions Filed: 2.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2020–01657 Filed 1–29–20; 8:45 am]
BILLING CODE 6712–01–P
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