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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0651-0063
ICR Reference No:
201111-0651-005
Status:
Historical Active
Previous ICR Reference No:
200809-0651-003
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Board of Patent Appeals and Interferences (BPAI) Actions
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
11/22/2011
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/22/2011
Terms of Clearance:
Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2014
12/31/2012
12/31/2012
Responses
35,044
0
28,215
Time Burden (Hours)
869,685
0
812,280
Cost Burden (Dollars)
13,041,071
0
11,447,731
Abstract:
The Board of Patent and Appeals (BPAI) has the authority under 35 U.S.C. Sections 134 and 306 to review ex parte appeals. The United States Patent and Trademark Office (USPTO) is submitting this information collection request in support of a notice of proposed rulemaking entitled "Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals" (RIN 0651-AC37). This proposed rule will add a new requirement (amendments)into the collection, proposes changes to the current appeal rules that may cause some appellants to add subheading(s) to an appeal brief, and proposes to eliminate several of the current briefing requirements for appeal briefs. In addition to the changes proposed by the rulemaking, the USPTO is taking this opportunity to reestimate the postage costs due to increased U.S. postage rates, reestimate the filing fees, and update the number of projected responses for the appeal briefs, reply briefs, and requests for rehearings based on current projections.
Authorizing Statute(s):
US Code:
35 USC 306
US Code:
35 USC 134
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0651-AC37
Final or interim final rulemaking
76 FR 72270
11/22/2011
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
8
IC Title
Form No.
Form Name
Amendment
Amendment (EFS-Web)
Appeal Brief
Appeal Brief (EFS-Web)
Reply Brief
Reply Brief (EFS-Web)
Request for Rehearing Before the BPAI
Request for Rehearing Before the BPAI (EFS-Web)
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
35,044
28,215
0
267
6,562
0
Annual Time Burden (Hours)
869,685
812,280
0
-68,901
126,306
0
Annual Cost Burden (Dollars)
13,041,071
11,447,731
0
348
1,592,992
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
The USPTO will publish a notice of proposed rulemaking entitled "Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals" which adds a new item (amendments)and reduces the amount of time that it takes to complete an appeal brief. The USPTO estimates that the proposed rule adds 534 hours to the collection and reduces 69,435 hours, for a total reduction of 68,901 hours per year. The USPTO also estimates that the number of briefs and requests filed will increase by 6,562 responses, for a burden increase of 126,306 hours per year. These actions are estimated to increase the burden hours by 57,405 hours per year, with a program reduction of 68,901 hours offset by an administrative increase of 126,306 hours. The proposed rule will add $348 in postage costs for the amendments into the collection. The USPTO estimates that reduced paper filings will reduce the postage costs by $203,048 per year, and that increases in the number of submissions will increase the filing fees by $1,796,040. These actions are estimated to increase the annual costs by $1,593,340 per year, with a program increase of $348 and an administrative increase of $1,592,992.
Annual Cost to Federal Government:
$682,899
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Linda Horner 571 272-9797
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
11/15/2010
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