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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:
201111-0651-007
Status:
Historical Active
Previous ICR Reference No:
201111-0651-005
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Board of Patent Appeals and Interferences (BPAI) Actions
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
12/06/2011
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/01/2011
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2014
01/31/2014
01/31/2014
Responses
35,044
0
35,044
Time Burden (Hours)
896,426
0
869,685
Cost Burden (Dollars)
14,966,431
0
13,041,071
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. This information collection was approved by OMB on December 22, 2009 and was limited to the current rule. Since then, the USPTO proposed rulemaking changes that impacted the collection through a NPRM entitled, "Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals" (RIN 0651-AC37). The USPTO submitted an Information Collection Request (ICR) associated with this proposed rule, which was pre-approved on January 4, 2011. The Notice of Final Rulemaking for RIN 0651-AC37 was published on November 22, 2011 and the pre-approval was activated. There are three non-substantive changes to the collection made between the proposed rule stage and the final rule stage. The USPTO is requesting this interim change to update the inventory with those changes, which includes an updated burden estimate for the appeal briefs, an updated hourly attorney rate, and updated filing fees to account for the new 15% surcharge imposed by the Leahy-Smith America Invents Act.
Authorizing Statute(s):
US Code:
35 USC 134
PL:
Pub.L. 112 - 29 11(i)
Name of Law: Leahy-Smith America Invents Act
US Code:
35 USC 306
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
35,044
0
0
0
0
Annual Time Burden (Hours)
896,426
869,685
0
26,741
0
0
Annual Cost Burden (Dollars)
14,966,431
13,041,071
1,925,360
0
0
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:
No
Burden Reduction Due to:
Short Statement:
The increases in the burden hours and the annual (non-hour) costs for this collection are due to program changes. The increases in the burden hours are due to a Notice of Final Rulemaking, "Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals." The increases in the annual (non-hour) costs are due to the Leahy-Smith America Invents Act, which imposes a 15% surcharge on the filing fees.
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:
12/01/2011
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