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Certification And Request To Participate In FY 2011 Pilot Program Form. This is a Official Federal Forms form and can be use in Patent US Patent Office.
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Tags: Certification And Request To Participate In FY 2011 Pilot Program, PTO-SB-422, Official Federal Forms US Patent Office, Patent
Doc Code: PEER.CONSENT
Document Description: Request for Peer Review Pilot
PTO/SB/422 (11-10)
Certification and Request to Participate in FY 2011
Pilot Program Concerning Public Submission of Peer Reviewed Prior Art
First Named Inventor:
Application Number (if known):
Title of Invention:
Part I – Request to Participate in Pilot
Applicant provides express written consent under 35 USC 122 (c) for the USPTO to accept
prior art references and comments by third party submitter, Peer To Patent, to be considered
during the examination of the above identified application participating in the Peer Reviewed
Prior Art Pilot Project. No other consents are provided herein.
Subject to the conditions listed below in Part II, Applicant hereby requests that the
requirements of 37 CFR 1.99(d) and 37 CFR 1.291(b) be waived by the USPTO for the aboveidentified application participating in this pilot.
Part II – Additional Conditions Necessary For Waiver
1. Applicant certifies the following:
a. the above-identified application has not itself been published by the USPTO more than one
month prior to the filing of this Request;
b. the above-identified application contains claimed subject matter believed to be classifiable in
at least one of the classes/subclasses listed at
http://www.uspto.gov/patents/init_events/class_subclasses_FY2011pilot.jsp;
c. Applicant agrees to full participation in the pilot program; and
d. (including this request) Applicant or Applicant’s assignee has not submitted more than 25
applications for participation in the Peer Reviewed Prior Art Pilot Project.
2. Through submission of this form, Applicant provides consent to the following:
a. the submission of up to six patents or publications by the third party submitter (Peer To
Patent) and comments describing the relevance of the document to the disclosed invention; and
b. the filing of the submission no later than eighteen (18) weeks after publication of the aboveidentified Application.
Note: Applicant shall not be required to submit an Information Disclosure Statement under
37 CFR 1.97 and 1.98 to ensure that the references submitted by third party submitter (Peer To
Patent) are considered by the examiner. No fees are required in making this request.
Signature
Date
Name (Printed/Typed)
Registration Number
Telephone No.
E-mail
Note: Signature of all the inventors or assignees of record of the entire interest or their
representative(s) are required in accordance with 37 CFR 1.33 and 11.18. Please see 37 CFR 1.4(d)
for the form of the signature. If necessary, submit multiple forms for more than one signature, see
below*.
*Total of _________ signed forms are submitted.
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Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
submission of the attached form related to a patent application or patent. Accordingly, pursuant to the requirements of
the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)(2); (2)
furnishing of the information solicited is voluntary; and (3) the principal purpose for which the information is used by the
U.S. Patent and Trademark Office is to process and/or examine your submission related to a patent application or
patent. If you do not furnish the requested information, the U.S. Patent and Trademark Office may not be able to
process and/or examine your submission, which may result in termination of proceedings or abandonment of the
application or expiration of the patent.
The information provided by you in this form will be subject to the following routine uses:
1
The information on this form will be treated confidentially to the extent allowed under the Freedom of
Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may be
disclosed to the Department of Justice to determine whether disclosure of these records is required by the Freedom of
Information Act.
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A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence
to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of settlement
negotiations.
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A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a
request involving an individual, to whom the record pertains, when the individual has requested assistance from the
Member with respect to the subject matter of the record.
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A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency having
need for the information in order to perform a contract. Recipients of information shall be required to comply with the
requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
5
A record related to an International Application filed under the Patent Cooperation Treaty in this system of
records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property Organization,
pursuant to the Patent Cooperation Treaty.
6
A record in this system of records may be disclosed, as a routine use, to another federal agency for purposes
of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)).
7
A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services,
or his/her designee, during an inspection of records conducted by GSA as part of that agency’s responsibility to
recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and
2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this
purpose, and any other relevant (i.e., GSA or Commerce) directive. Such disclosure shall not be used to make
determinations about individuals.
8
A record from this system of records may be disclosed, as a routine use, to the public after either publication of
the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C. 151. Further, a record may
be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to the public if the record was filed in an
application which became abandoned or in which the proceedings were terminated and which application is referenced
by either a published application, an application open to public inspection or an issued patent.
9
A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or regulation.
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