Rule2023-11759
Reducing Patent Fees for Small Entities and Micro Entities Under the Unleashing American Innovators Act of 2022; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 2, 2023
Effective
June 2, 2023
Issuing agencies
Commerce DepartmentPatent and Trademark Office
Abstract
The United States Patent and Trademark Office (Office or USPTO) makes a correction to a final rule that published on March 22, 2023, amending patent fees for small and micro entities set forth in its regulations to implement the provisions of the Consolidated Appropriations Act, 2023--which included the Unleashing American Innovators Act of 2022 (UAIA). This rule fixes an error in the applicability of certain amendments to international applications under the Patent Cooperation Treaty.
Full Text
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<title>Federal Register, Volume 88 Issue 106 (Friday, June 2, 2023)</title>
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[Federal Register Volume 88, Number 106 (Friday, June 2, 2023)]
[Rules and Regulations]
[Pages 36247-36249]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-11759]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
37 CFR Parts 1 and 41
[Docket No. PTO-P-2023-0005]
RIN 0651-AD66
Reducing Patent Fees for Small Entities and Micro Entities Under
the Unleashing American Innovators Act of 2022; Correction
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Final rule; correction.
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SUMMARY: The United States Patent and Trademark Office (Office or
USPTO) makes a correction to a final rule that published on March 22,
2023, amending patent fees for small and micro entities set forth in
its regulations to implement the provisions of the Consolidated
Appropriations Act, 2023--which included the Unleashing American
Innovators Act of 2022 (UAIA). This rule fixes an error in the
applicability of certain amendments to international applications under
the Patent Cooperation Treaty.
DATES: This correction is effective June 2, 2023.
FOR FURTHER INFORMATION CONTACT: Brendan Hourigan, Director of the
Office of Planning and Budget, by telephone at (571) 272-8966; or
Dianne Buie, Director, Forecasting and Analysis Division, by telephone
at (571) 272-6301.
[[Page 36248]]
SUPPLEMENTARY INFORMATION: The Office makes a correction to the final
rule that published on March 22, 2023 (88 FR 17147), to clarify that
the new fee amounts in 37 CFR 1.445(a)(5) and 1.482 applying to
international applications under the Patent Cooperation Treaty (PCT)
are implemented as of April 1, 2023, and that the new fee amounts are
not limited to those international applications having a receipt date
on or after April 1, 2023. This correction is consistent with the
information provided in the SUPPLEMENTARY INFORMATION section of the
March 22, 2023, final rule on page 17148, in the third column (``The
changes to Sec. 1.445(a)(5) and Sec. 1.482 shall take effect on April
1, 2023.'') and is in accord with the PCT and the UAIA.
The applicability portion of the DATES section in the March 22,
2023, final rule is corrected to remove the first sentence stating the
amendments to 37 CFR 1.445(a)(5) and 1.482 are limited to those
international applications having a receipt date on or after April 1,
2023, and to replace it with a sentence indicating that the amendments
to 37 CFR 1.445(a)(5) and 1.482 are applicable to international
applications under the Patent Cooperation Treaty (PCT) as of April 1,
2023.
Rulemaking Considerations
A. Administrative Procedure Act (APA): This final rule implements a
correction to a final rule amending the regulations to implement
section 107 of the UAIA on December 29, 2022, which amended 35 U.S.C.
41(h) and section 10(b) of the America Invents Act (AIA), Public Law
112-29, 125 Stat. 284, to require the Office to reduce patent fees for
filing, searching, examining, issuing, appealing, and maintaining
patent applications and patents by 60 percent for small entities and by
80 percent for micro entities. The change in this final rule implements
a correction that involves the rules of agency practice and procedure,
and/or interpretive rules. See Perez v. Mortgage Bankers Ass'n, 135 S.
Ct. 1199, 1204 (2015) (interpretive rules ``advise the public of the
agency's construction of the statutes and rules which it administers'')
(citations and internal quotation marks omitted); 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); 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).
Accordingly, prior notice and opportunity for public comment for
the changes in this rulemaking are not required pursuant to 5 U.S.C.
553(b) or (c), or any other law. See Perez, 135 S. Ct. at 1206 (notice-
and-comment procedures are not required when an agency ``issue[s] an
initial interpretive rule'' or when it amends or repeals that
interpretive rule); 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), do not require notice-and-comment rulemaking for
``interpretative rules, general statements of policy, or rules of
agency organization, procedure, or practice'' (quoting 5 U.S.C.
553(b)(A))).
In addition, the Office finds good cause pursuant to the authority
at 5 U.S.C. 553(b)(B) and (d)(3) to dispense with prior notice and
opportunity for public comment, and to publish this final rule with an
immediate effective date, because such procedures are impracticable and
contrary to the public interest. This final rule corrects an error in
the March 22, 2023, final rule's discussion under the DATES heading
regarding the implementation of the new fees in 37 CFR 1.445(a)(5) and
1.482 that apply to international applications under the Patent
Cooperation Treaty (PCT). The March 22, 2023, final rule incorrectly
indicated that these new fees apply to international applications under
the PCT having a receipt date on or after April 1, 2023. The final rule
should have indicated that these new fees are implemented as of April
1, 2023, and that they are not limited to those international
applications having a receipt date on or after April 1, 2023. If this
correction were delayed to allow for prior notice and opportunity for
public comment and a 30-day delay in effective date, it would cause
confusion as to when and to which applications the new fees in 37 CFR
1.445(a)(5) and 1.482 apply. Thus, the USPTO finds good cause to
implement this final rule without prior notice and opportunity for
comment and with immediate effect.
B. Regulatory Flexibility Act: As prior notice and an opportunity
for public comment are not required pursuant to 5 U.S.C. 553 or any
other law, neither a Regulatory Flexibility Act analysis nor a
certification under the Regulatory Flexibility Act (5 U.S.C. 601 et
seq.) is required. See 5 U.S.C. 603.
C. Executive Order 12866 (Regulatory Planning and Review): This
rulemaking has been determined to be not significant for purposes of
E.O. 12866 (Sept. 30, 1993).
D. Executive Order 13563 (Improving Regulation and Regulatory
Review): The Office has complied with Executive Order 13563 (Jan. 18,
2011). Specifically, the Office has, to the extent feasible and
applicable: (1) made a reasoned determination that the benefits justify
the costs of this final rule; (2) tailored this final 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 online 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 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).
F. 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).
G. Executive Order 13211 (Energy Effects): This rulemaking is not a
significant energy action under Executive Order 13211 (May 18, 2001)
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.
H. 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).
[[Page 36249]]
I. 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).
J. 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).
K. 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.), the USPTO 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
rulemaking are not expected to result in an annual effect on the
economy of $100 million 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 rulemaking is not expected to result in
a ``major rule'' as defined in 5 U.S.C. 804(2).
L. Unfunded Mandates Reform Act of 1995: The changes set forth in
this rulemaking 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 (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 (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.
M. 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.
N. 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.
O. Paperwork Reduction Act: This final rule does not involve
information collection requirements that are subject to review by the
Office of Management and Budget (OMB) under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
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.
P. E-Government Act Compliance: The USPTO is committed to
compliance with the E-Government Act to promote the use of the internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes.
Correction
In FR Doc. 2023-05382, appearing on page 17147 in the Federal
Register of Wednesday, March 22, 2023, on page 17147, in the third
column, the ``Applicability'' paragraph in the DATES section is revised
to read as follows:
DATES: * * *
Applicability: The new fee amounts in Sec. Sec. 1.445(a)(5) and
1.482 applying to international applications under the Patent
Cooperation Treaty (PCT) are implemented as of April 1, 2023. The
amendments to Sec. 1.18(b)(1) shall apply to those international
design applications under the Hague Agreement having a date of
international registration on or after May 1, 2023.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2023-11759 Filed 6-1-23; 8:45 am]
BILLING CODE 3510-16-P
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</html>Indexed from Federal Register on June 2, 2023.
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