[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Pages 32629-32631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12879]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Post Allowance and Refiling
ACTION: Proposed collection; comment request.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to take this
opportunity to comment on the continuing information collection, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44
U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before July 30, 2013.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``0651-
0033 comment'' in the subject line of the message.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450.
Federal Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Raul Tamayo, Senior Legal Advisor, Office of
Patent Legal Administration, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728;
or by email to [email protected]. Additional information about this
collection is also available at http://www.reginfo.gov under
``Information Collection Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent and Trademark Office (USPTO) is required
by 35 U.S.C. 131 and 151 to examine applications and, when appropriate,
allow applications and issue them as patents. When an application for a
patent is allowed by the USPTO, the USPTO issues a notice of allowance
and the applicant must pay the specified
[[Page 32630]]
issue fee (including the publication fee, if applicable) within three
months to avoid abandonment of the application. If the appropriate fees
are paid within the proper time period, the USPTO can then issue the
patent. If the fees are not paid within the designated time period, the
application is abandoned and the applicant may petition the Director to
accept a delayed payment with a satisfactory showing that the delay was
unavoidable or unintentional. The Petition for Revival of an
Application for Patent Abandoned Unavoidably (Form PTO/SB/61) and the
Petition for Revival of an Application for Patent Abandoned
Unintentionally (Form PTO/SB/64) are approved under information
collection 0651-0031. The rules outlining the procedures for payment of
the issue fee and issuance of a patent are found at 37 CFR 1.18 and
1.311-1.317.
Chapter 25 of Title 35 U.S.C. provides for several actions that an
applicant may take after issuance of a patent, including requesting a
certificate of correction to correct an error or errors in the patent.
If the USPTO determines that the request should be approved, the USPTO
will issue a certificate of correction. For an original patent that is
believed to be wholly or partly inoperative, the assignee(s) or
inventor(s) may apply for reissue of the patent, which entails several
formal requirements including an oath or declaration stating that the
errors in the patent were not the result of any deceptive intention on
the part of the reissue applicant. If additional errors are corrected
after the filing of the reissue application and the original reissue
oath/declaration, the reissue applicant must submit a supplemental oath
or declaration stating that the additional errors also occurred without
any deceptive intent. The rules outlining these procedures are found at
37 CFR 1.171-1.178 and 1.322-1.325.
The public uses this information collection to request corrections
of errors in issued patents, to submit applications for reissue
patents, and to submit issue fee payments. The USPTO is removing the
fee costs associated with the information requirements in this
collection because these fees have been moved into information
collection 0651-0072, which was approved by OMB in January 2013 in
conjunction with the USPTO rulemaking ``Setting and Adjusting Patent
Fees'' (RIN 0651-AC54).
II. Method of Collection
By mail, facsimile, hand delivery, or electronically to the USPTO.
III. Data
OMB Number: 0651-0033.
Form Number(s): PTO/SB/44/50/51/51S/52/53/56/141, PTO/AIA/05/06/07,
and PTOL-85B.
Type of Review: Revision of a currently approved collection.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: 352,150 responses per year. The
USPTO estimates that approximately 25% of these responses will be from
small entities.
Estimated Time per Response: The USPTO estimates that it will take
the public from 12 minutes (0.20 hours) to 5 hours to gather the
necessary information, prepare the appropriate form or document, and
submit the information to the USPTO.
Estimated Total Annual Respondent Burden Hours: 191,690 hours.
Estimated Total Annual Respondent Cost Burden: $31,276,990. The
USPTO expects that the information in this collection will be prepared
by attorneys at an estimated rate of $371 per hour, except for the
Issue Fee Transmittal, which will be prepared by paraprofessionals at
an estimated rate of $122 per hour. Therefore, the USPTO estimates that
the respondent cost burden for this collection will be approximately
$31,276,990 per year.
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Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
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Certificate of Correction (PTO/SB/44)........ 1 hour........................... 26,000 26,000
Petition to Correct Assignee After Payment of 30 minutes....................... 750 375
Issue Fee (37 CFR 3.81(b)) (PTO/SB/141).
Reissue Documentation........................ 5 hours.......................... 800 4,000
Reissue Patent Application Transmittal (PTO/ 12 minutes....................... 800 160
SB/50).
Reissue Application Declaration by the 30 minutes....................... 1,150 575
Inventor or the Assignee (PTO/SB/51/52 and
PTO/AIA/05/06) or Substitute Statement in
Lieu of an Oath or Declaration for Reissue
Patent Application (35 U.S.C. 115(d) and 37
CFR 1.64) (PTO/AIA/07).
Supplemental Declaration for Reissue Patent 18 minutes....................... 500 150
Application to Correct ``Errors'' Statement
(37 CFR 1.175) (PTO/SB/51S).
Reissue Application: Consent of Assignee; 12 minutes....................... 1,350 270
Statement of Non-assignment (PTO/SB/53).
Reissue Application Fee Transmittal Form (PTO/ 12 minutes....................... 800 160
SB/56).
Issue Fee Transmittal (PTOL-85B)............. 30 minutes....................... 50,000 25,000
Issue Fee Transmittal (electronic) (PTOL-85B) 30 minutes....................... 270,000 135,000
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Totals................................... ................................. 352,150 191,690
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Estimated Total Annual Non-hour Respondent Cost Burden: $48,022.
There are no capital start-up, maintenance, or recordkeeping costs
associated with this information collection. However, this collection
does have annual (non-hour) costs in the form of postage costs.
There are fees associated with the information requirements in this
collection. These fees are covered under OMB control number 0651-0072.
The fees are listed in the accompanying table for reference but will
not be included in the annual (non-hour) cost burden for this
collection.
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Item Current fee amount
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Certificate of Correction (PTO/SB/ $100.00.
44).
Petition to Correct Assignee (large entity) 140.00.
After Payment of Issue Fee (37 (small entity) 70.00.
CFR 3.81(b)) (PTO/SB/141). (micro entity) 35.00.
Reissue Documentation............ 0.00.
[[Page 32631]]
Reissue Patent Application 0.00.
Transmittal (PTO/SB/50).
Reissue Application Declaration 0.00.
by the Inventor or the Assignee
(PTO/SB/51/52 and PTO/AIA/05/06)
or Substitute Statement in Lieu
of an Oath or Declaration for
Reissue Patent Application (35
U.S.C. 115(d) and 37 CFR 1.64)
(PTO/AIA/07).
Supplemental Declaration for 0.00.
Reissue Patent Application to
Correct ``Errors'' Statement (37
CFR 1.175) (PTO/SB/51S).
Reissue Application: Consent of 0.00.
Assignee; Statement of Non-
assignment (PTO/SB/53).
Reissue Application Fee (large entity) 3,040.00.
Transmittal Form (PTO/SB/56)-- (small entity) 1,520.00.
includes the basic filing fee (micro entity) 760.00.
(280 large/140 small/70 micro),
search fee (600/300/150), and
examination fee (2,160/1,080/
540).
Issue Fee (utility patent, no (large entity) 1,780.00.
publication fee) (PTOL-85B). (small entity) 890.00.
(micro entity) 445.00.
Issue Fee (utility patent, with (large entity) 2,080.00.
300 publication fee) (PTOL-85B). (small entity) 1,190.00.
(micro entity) 745.00.
Issue Fee (design patent, no (large entity) 1,020.00.
publication fee) (PTOL-85B). (small entity) 510.00.
(micro entity) 255.00.
Issue Fee (plant patent, no (large entity) 1,400.00.
publication fee) (PTOL-85B). (small entity) 700.00.
(micro entity) 350.00.
Issue Fee (plant patent, with 300 (large entity) 1,700.00.
publication fee) (PTOL-85B). (small entity) 1,000.00.
(micro entity) 650.00.
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Customers may incur postage costs when submitting the information
in this collection to the USPTO by mail. The USPTO estimates that the
average first-class postage cost for a mailed submission will be 92
cents and that approximately 52,198 submissions will be mailed to the
USPTO per year, for a total estimated postage cost of $48,022 per year.
The total annual (non-hour) respondent cost burden for this
collection is estimated to be approximately $48,022 per year.
IV. Request for Comments
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval. All comments will
become a matter of public record.
The USPTO is soliciting public comments to:
(a) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; (b)
Evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) Enhance the quality, utility, and
clarity of the information to be collected; and (d) Minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
Dated: May 24, 2013.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2013-12879 Filed 5-30-13; 8:45 am]
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