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Brief and OIRA conclusion
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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:
0651-0032
ICR Reference No:
201207-0651-004
Status:
Historical Active
Previous ICR Reference No:
201009-0651-002
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Initial Patent Applications
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:
07/16/2012
Retrieve Notice of Action (NOA)
Date Received in OIRA:
07/11/2012
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
01/31/2014
01/31/2014
01/31/2014
Responses
513,221
0
513,221
Time Burden (Hours)
11,553,888
0
11,553,888
Cost Burden (Dollars)
772,798,833
0
772,798,833
Abstract:
The USPTO is adding eight new forms into this collection related to the inventor's oath or declaration resulting from changes to 35 U.S.C. 115 in the AIA: (1)Declaration (37 CFR 1.63) for Utility or Design Patent Application using an Application Data Sheet (37 CFR 1.76)(PTO/SB/AIA01); (2)Substitute Statement in Lieu of an Oath or Declaration for Utility or Design Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)(PTO/SB/AIA02); (3)Declaration (37 CFR 1.63) for Plant Patent Application using an Application Data Sheet (37 CFR 1.76)(PTO/SB/AIA03); (4)Substitute Statement in Lieu of an Oath or Declaration for Plant Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)(PTO/SB/AIA04); (5)Declaration for Utility or Design Patent Application (37 CFR 1.63)(PTO/SB/AIA08); (6)Plant Patent Application (35 U.S.C. 161) Declaration (37 CFR 1.162); (7) Declaration (PTO/SB/AIA10; and (8)Substitute Statement Supplemental Sheet (PTO/SB/AIA11) The changes to 35 U.S.C. 115 in the AIA do not apply to applications filed prior to September 16, 2012. The USPTO plans to provide new forms for use with applications filed on or after September 16, 2012, but still continue to make the existing inventor's oath or declaration forms (legacy forms) available until applications filed prior to September 16, 2012, are no longer pending before the USPTO.
Authorizing Statute(s):
US Code:
35 USC 131
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
75 FR 23227
05/03/2010
30-day Notice:
Federal Register Citation:
Citation Date:
75 FR 60073
09/29/2010
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
30
IC Title
Form No.
Form Name
Continuation/Divisional of an International Application
PTO/SB/13/PCT, PTO/SB/107, PTO/SB/AIA08, PTO/SB/AIA10, PTO/SB/AIA02, PTO/SB/AIA11, PTO/SB/01, PTO/SB/102, PTO/SB/106, PTO/SB/110, PTO/SB/02LR, PTO/SB/105, PTO/SB/109, PTO/SB/101, PTO/SB/103, PTO/SB/104, PTO/SB/04, PTO/SB/02A and PTO/SB/02B, PTO/SB/108
Declaration for Utility or Design Patent Application (37 CFR 1.63)
,
Declaration - Additional Inventors-Supplemental Sheet and Declaration - Supplemental Priority Data Sheet
,
Declaration Supplemental Sheet for Legal Representatives (35 U.S.C. 117) on Behalf of a Deceased or Incapacitated Inventor
,
Supplemental Declaration for Utility or Design Patent Application (37 CFR 1.67)
,
Declaration and Power of Attorney for Patent Application - Chinese Language Declaration
,
Declaration and Power of Attorney for Patent Application
,
Declaration and Power of Attorney for Patent Application
,
Declaration and Power of Attorney for Patent Application - Italian Language Declaration
,
Declaration and Power of Attorney for Patent Application - French Language Declaration
,
Declaration and Power of Attorney for Patent Application - Japanese Language Declaration
,
Declaration and Power of Attorney for Patent Application - Russian Language Declaration
,
Declaration and Power of Attorney for Patent Application - Swedish Language Declaration
,
Declaration and Power of Attorney for Patent Application - Spanish Language Declaration
,
Declaration and Power of Attorney for Patent Application - Korean Language Declaration
,
Request for Filing a Continuation or Division of an International Application
,
Declaration for Utility or Design Patent Application (37 CFR 1.63)
,
Supplemental Sheet for Declaration
,
Substitute Statement in Lieu of an Oath or Declaration for Utility or Design Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
,
Substitute Statement Supplemental Sheet
Continued Prosecution Applications - Design (Request Transmittal and Receipt)
PTO/SB/29, PTO/SB/29A
For Design Applications Only: Continued Prosecution Application (CPA) Request Transmittal
,
For Design Applications Only Receipt for Facsimile Transmitted CPA
Design Continuation-in-Part Applications
PTO/SB/02LR, PTO/SB/AIA08, PTO/SB/AIA10, PTO/SB/AIA02, PTO/SB/AIA11, PTO/SB/18, PTO/SB/17, PTO/SB/01, PTO/SB/02A and PTO/SB/02B, PTO/SB/04
Declaration for Utility or Design Patent Application (37 CFR 1.63)
,
Declaration - Additional Inventors - Supplemental Sheet and Declaration - Supplemental Priority Data Sheet
,
Declaration Supplemental Sheet for Legal Representatives (35 U.S.C. 11) on Behalf of a Deceased or Incapacitated Inventor
,
Supplemental Declaration for Utility or Design Patent Application (37 CFR 1.67)
,
Design Patent Application Transmittal
,
Fee Transmittal Form
,
Declaration for Utility or Design Patent Application (37 CFR 1.63)
,
Supplemental Sheet for Declaration
,
Substitute Statement in Lieu of an Oath or Declaration for Utility or Design Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
,
Substitute Statement Supplemental Sheet
Design Continuation/Divisional Applications
PTO/SB/17, PTO/SB/18
Design Patent Application Transmittal
,
Fee Transmittal Form
Electronic Continuation/Divisional of an International Application
Electronic Continued Prosecution Applications - Design (Request Transmittal and Receipt)
Electronic Design Continuation-in-Part Applications
Electronic Design Continuation/Divisional Applications
Electronic New Design Applications - Application Data Sheet
Electronic Original Design Applications - No Application Data Sheet
Electronic Original New Utility Applications - Application Data Sheet
Electronic Original New Utility Applications - No Application Data Sheet
Electronic Provisional Application for Patent Cover Sheet
Electronic Utility Continuation-in-Part Applications
Electronic Utility Continuation/Divisional Applications
Original New Design Applications - Application Data Sheet
PTO/SB/AIA01, PTO/SB/14, PTO/SB/01A, PTO/SB/17
Application Data Sheet 37 CFR 1.76
,
Declaration (37 CFR 1.63) for Utility or Design Application Using an Application Data Sheet (37 CFR 1.76)
,
Fee Transmittal Form
,
Declaration (37 CFR 1.63) for Utility or Design Application Using an Application Data Sheet (37 CFR 1.76)
Original New Design Applications - No Application Data Sheet
PTO/SB/AIA08, PTO/SB/AIA10, PTO/SB/AIA02, PTO/SB/AIA11, PTO/SB/18, PTO/SB/04
Supplemental Declaration for Utility or Design Patent Application (37 CFR 1.67)
,
Design Patent Application Transmittal
,
Declaration for Utility or Design Patent Application (37 CFR 1.63)
,
Supplemental Sheet for Declaration
,
Substitute Statement in Lieu of an Oath or Declaration for Utility or Design Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
,
Substitute Statement Supplemental Sheet
Original New Plant Applications - Application Data Sheet
PTO/SB/03A, PTO/SB/AIA03, PTO/SB/14
Application Data Sheet 37 CFR 1.76
,
Declaration (37 CFR 1.63) for Plant Application Using an Application Data Sheet (37 CFR 1.76)
,
Declaration (37 CFR 1.63) for Plant Application Using an Application Data Sheet (37 CFR 1.76)
Original New Plant Applications - No Application Data Sheet
PTO/SB/AIA09, PTO/SB/AIA04, PTO/SB/AIA10, PTO/SB/03, PTO/SB/19
Plant Patent Application (35 U.S.C. 161) Declaration (37 CFR 1.63)
,
Plant Patent Application Transmittal
,
Plant Patent Application (35 U.S.C. 161) Declaration (37 CFR 1.162)
,
Substitute Statement in Lieu of an Oath or Declaration for Plant Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
,
Supplemental Sheet for Declaration
Original New Utility Applications - Application Data Sheet
PTO/SB/14, PTO/SB/AIA01, PTO/SB/01A
Application Data Sheet 37 CFR 1.76
,
Declaration (37 CFR 1.63) for Utility or Design Application Using an Application Data Sheet (37 CFR 1.76)
,
Declaration (37 CFR 1.63) for Utility or Design Application Using an Application Data Sheet (37 CFR 1.76)
Original New Utility Applications - No Application Data Sheet
PTO/SB/106, PTO/SB/105, PTO/SB/107, PTO/SB/02SE, PTO/SB/02CN, PTO/SB/02NL, PTO/SB/02RU, PTO/SB/02FR, PTO/SB/AIA08, PTO/SB/AIA02, PTO/SB/AIA10, PTO/SB/AIA11, PTO/SB/05, PTO/SB/108, PTO/SB/104, PTO/SB/110, PTO/SB/17, PTO/SB/109, PTO/SB/103, PTO/SB/01, PTO/SB/04, PTO/SB/102, PTO/SB/101, PTO/SB/02KR, PTO/SB/02IT, PTO/SB/02DE, PTO/SB/02ES, PTO/SB/02JP, PTO/SB/02A and PTO/SB/02B, PTO/SB/02LR
Declaration for Utility or Design Patent Application (37 CFR 1.63)
,
Declaration - Additional Inventors-Supplemental Sheet and Declaration - Supplemental Priority Data Sheet
,
Declaration Supplemental Sheet for Legal Representatives (35 U.S.C 117) on Behalf of a Deceased or Incapacitated Inventor
,
Supplemental Declaration for Utility or Design Patent Application (37 CFR 1.67)
,
Declaration and Power of Attorney for Patent Application - Chinese Language Declaration
,
Declaration and Power of Attorney for Patent Application - Dutch Language Declaration
,
Declaration and Power of Attorney for Patent Application - German Language Declaration
,
Declaration and Power of Attorney for Patent Application - Italian Language Declaration
,
Declaration and Power of Attorney for Patent Application - French Language Declaration
,
Declaration and Power of Attorney for Patent Application - Japanese Language Declaration
,
Declaration and Power of Attorney for Patent Application - Russian Language Declaration
,
Declaration and Power of Attorney for Patent Application - Swedish Language Declaration
,
Declaration and Power of Attorney for Patent Application - Spanish Language Declaration
,
Declaration and Power of Attorney for Patent Application - Korean Language Declaration
,
Utility Patent Application Transmittal
,
Fee Transmittal Form
,
Declaration (Additional Inventors) and Supplemental Priority Sheets (Chinese Language Declaration for Additional Inventors)
,
Declaration (Additional Inventors) and Supplemental Priority Data Sheets (German Language Declaration for Additional Inventors)
,
Declaration (Additional Inventors) and Supplemental Priority Data Sheet (Spanish Language Declaration for Additional Inventors)
,
Declaration (Additional Inventors) and Supplemental Priority Data Sheet (French Language Declaration for Additional Inventors)
,
Declaration (Additional Inventors) and Supplemental Priority Data Sheet (Italian Language Declaration for Additional Inventors)
,
Declaration (Additional Inventors) and Supplemental Priority Data Sheet (Japanese Language Declaration for Additional Inventors)
,
Declaration (Additional Inventors) and Supplemental Priority Data Sheet (Korean Language Declaration for Additional Inventors)
,
Declaration (Additional Inventors) and Supplemental Priority Data Sheet (Dutch Language Declaration for Additional Inventors)
,
Declaration (Additional Inventors) and Supplemental Priority Data Sheet (Russian Language Declaration for Additional Inventors)
,
Declaration (Additional Inventors) and Supplemental Priority Data Sheet (Swedish Language Declaration for Additional Inventors)
,
Declaration for Utility or Design Patent Application (37 CFR 1.63)
,
Substitute Statement in Lieu of an Oath or Declaration for Utility or Design Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
,
Supplemental Sheet for Declaration
,
Substitute Statement Supplemental Sheet
Papers filed under 1.41, 1.48, and 1.53(c)(2)
Petition to Accept Non-Signing Inventors or Legal Representatives/Filing by Other Than All the Inventors or a Person not the Inventor
Petition to Accept Unintentionally Delayed Priority/Benefit Claim
Petition under 37 CFR 1.6(g) to Accord National Stage Correspondence Required by 37 CFR 1.495(b) a Receipt Date
Plant Continuation-in-Part Applications
PTO/SB/02LR, PTO/SB/03, PTO/SB/AIA09, PTO/SB/AIA10, PTO/SB/AIA04, PTO/SB/AIA11, PTO/SB/02A and PTO/SB/02B, PTO/SB/19, PTO/SB/17
Declaration - Additional Inventors - Supplemental Sheet and Declaration - Supplemental Priority Data Sheet
,
Declaration Supplemental Sheet for Legal Representatives (35 U.S.C. 117) on Behalf of a Deceased or Incapacitated Inventor
,
Plant Patent Application (35 U.S.C. 161) Declaration (37 CFR 1.63)
,
Plant Patent Application Transmittal
,
Fee Transmittal Form
,
Plant Patent Application (35 U.S.C. 161) Declaration (37 CFR 1.162)
,
Supplemental Sheet for Declaration
,
Substitute Statement in Lieu of an Oath or Declaration for Plant Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
,
Substitute Statement Supplemental Sheet
Plant Continuation/Divisional Applications
PTO/SB/17, PTO/SB/19
Plant Patent Application Transmittal
,
Fee Transmital Form
Provisional Application for Patent Cover Sheet
PTO/SB/16, PTO/SB/16
Provisional Application for Patent Cover Sheet
,
Provisional Application for Patent Cover Sheet
Utility Continuation-in-Part Applications
PTO/SB/02A and PTO/SB/02B, PTO/SB/01, PTO/SB/02LR, PTO/SB/102, PTO/SB/103, PTO/SB/AIA08, PTO/SB/AIA10, PTO/SB/AIA02, PTO/SB/AIA11, PTO/SB/101, PTO/SB/107, PTO/SB/110, PTO/SB/05, PTO/SB/17, PTO/SB/04, PTO/SB/108, PTO/SB/109, PTO/SB/104, PTO/SB/105, PTO/SB/106
Declaration for Utility or Design Patent Application (37 CFR 1.63)
,
Declaration - Additional Inventors - Supplemental Sheet and Declaration - Supplemental Priority Data Sheet
,
Declaration Supplemental Sheet for Legal Representatives (35 U.S.C. 117) on Behalf of a Deceased or Incapacitated Inventor
,
Supplemental Declaration for Utility or Design Patent Application (37 CFR 1.67)
,
Declaration and Power of Attorney for Patent Application - Chinese Language Declaration
,
Declaration and Power of Attorney for Patent Application
,
Declaration and Power of Attorney for Patent Application
,
Declaration and Power of Attorney for Patent Application - Italian
,
Declaration and Power of Attorney for Patent Application - French
,
Declaration and Power of Attorney for Patent Application - Japanese Language Declaration
,
Declaration and Power of Attorney for Patent Application - Russian Language Declaration
,
Declaration and Power of Attorney for Patent Application - Swedish
,
Declaration and Power of Attorney for Patent Application - Spanish
,
Declaration and Power of Attorney for Patent Application - Korean
,
Utility Patent Application Transmittal
,
Fee Transmittal Form
,
Declaration for Utility or Design Patent Application (37 CFR 1.63)
,
Supplemental Sheet for Declaration
,
Substitute Statement in Lieu of an Oath or Declaration for Utility or Design Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
,
Substitute Statement Supplemental Sheet
Utility Continuation/Divisional Applications
PTO/SB/05, PTO/SB/17
Utility Patent Application Transmittal
,
Fee Transmittal Form
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
513,221
513,221
0
0
0
0
Annual Time Burden (Hours)
11,553,888
11,553,888
0
0
0
0
Annual Cost Burden (Dollars)
772,798,833
772,798,833
0
0
0
0
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:
Annual Cost to Federal Government:
$9,198,561
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:
Raul Tamayo 5712727728 Raul.Tamayo@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:
07/11/2012
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