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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:
0651-0069
ICR Reference No:
201201-0651-004
Status:
Historical Inactive
Previous ICR Reference No:
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Patent Review and Derivation Proceedings
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Comment filed on proposed rule
Conclusion Date:
03/27/2012
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/09/2012
Terms of Clearance:
OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
36 Months From Approved
Responses
0
0
0
Time Burden (Hours)
0
0
0
Cost Burden (Dollars)
0
0
0
Abstract:
The Leahy-Smith America Invents Act, which was enacted into law on September 16, 2011, provides for many changes to the current Board of Patent Appeals and Interference procedures (Pub. L. 112-29, 125 Stat.284 (2011)). One such change is to rename the Board of Patent Appeals and Interferences to the Patent Trial and Appeal Board (Board)(effective September 16, 2012). Other changes include the introduction of inter partes review, post-grant review, derivation proceedings, and the transitional program for covered business method patents. In order to implement the provisions of the Leahy-Smith America Invents Act that provide for trials to be conducted by the Board, the United States Patent and Trademark Office (USPTO)is publishing six notices of proposed rulemaking: RINs 0651-AC70, AC71, AC72, AC73, AC74, and AC75. The USPTO is submitting this new information collection in support of these proposed rulemakings. Requirements in common for the new trial proceedings are proposed in RIN 0651-AC70, thus most of the information collection requirements are based on requirements in that notice. RIN 0651-AC71 through 0651-AC75 provide details of certain proceeding specific aspects of those requirements. RIN 0651-AC74 adds arbitration and related requirements to this information collection as the LSAIA's arbitration provisions were limited to derivation proceedings.
Authorizing Statute(s):
US Code:
35 USC 326, 326(a)(10), 326(a)(12)
US Code:
35 USC 322 and 323
US Code:
35 USC 327, 327(a), 327(b)
PL:
Pub.L. 112 - 29 125 Stat. 284 (2011)
Name of Law: Leahy-Smith America Invents Act
US Code:
35 USC 2(b)(2)
US Code:
35 USC 135, 135(b), 135(e), 135(f)
US Code:
35 USC 141 and 142
US Code:
35 USC 145 and 146
US Code:
35 USC 312 and 313
US Code:
35 USC 316, 316(a)(10), 316(a)(13)
US Code:
35 USC 317, 317(a), and 317(b)
Citations for New Statutory Requirements:
PL: Pub.L. 112 - 29 125 Stat. 284 Name of Law: Leahy-Smith America Invents Act
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0651-AC70
Proposed rulemaking
77 FR 6879
02/09/2012
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
15
IC Title
Form No.
Form Name
Arbitration Agreement and Award
Motions, Replies and Oppositions After Institution in Inter Partes Review
Motions, Replies and Oppositions After Institution in Post-Grant Review or Covered Business Method Review
Motions, Replies and Oppositions in Derivation Proceeding
Notice of Judicial Review of a Board Decision (e.g., Notice of Appeal Under 35 U.S.C. 142)
Petition for Derivation
Petition for Inter Partes Review
Petition for Post-Grant Review or Covered Business Method Patent Review
Reply to Petition for Inter Partes Review
Reply to Petition for Post-Grant Review or Covered Business Method Patent Review
Request for Adverse Judgment, Default Adverse Judgment or Settlement
Request for Oral Hearing
Request for Reconsideration
Request to Make a Settlement Agreement Available
Request to Treat a Settlement as Business Confidential
Burden increases because of Program Change due to Agency Discretion:
No
Burden Increase Due to:
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The USPTO is submitting this new information collection request in support of six notices of proposed rulemaking outlining changes in the rules of practice in proceedings before the Patent Trial and Appeal Board and proposing new procedures. These notices of proposed rulemaking (RINs 0651-AC70, AC71, AC72, AC73, AC74, and AC75) implement provisions provided for by the Leahy-Smith America Invents Act. The USPTO estimates that these proposed rules will add 4,967 responses and 559,648 burden hours per year to the USPTO's information collection inventory. In addition, the USPTO also estimates that these proposed rules will add a total of $18,851,073 in annualized (non-hour) costs per year for filing fees and postage to the USPTO's information collection inventory.
Annual Cost to Federal Government:
$18,851,269
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:
Robert Clarke 571 272-7735 robert.clarke@uspto.gov
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:
02/09/2012