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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:
0651-0027
ICR Reference No:
201711-0651-002
Status:
Historical Inactive
Previous ICR Reference No:
201502-0651-005
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Recording Assignments
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Improperly submitted
Conclusion Date:
12/11/2017
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/17/2017
Terms of Clearance:
To be resubmitted as a change request.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2018
04/30/2018
Responses
0
0
524,298
Time Burden (Hours)
0
0
262,150
Cost Burden (Dollars)
0
0
2,958,886
Abstract:
The United States Patent and Trademark Office (USPTO) is submitting this request to update information collection 0651-0027, Recording Assignments. The USPTO is making revisions to two existing approved forms in this collection related to the inventor's oath or declaration: Patent Recordation Form Cover Sheet (PTO-1595) and Electronic Patent Assignment System (EPAS). Section 4 of the Leahy-Smith America Invents Act (AIA) amends 35 U.S.C. § 115 to streamline the requirements for the inventor's oath or declaration. For example, amended 35 U.S.C. § 115(e) provides for making the statements required under 35 U.S.C. § 115(b) and (c) in an assignment of record and specifically permits an individual who is under an obligation of assignment of an application to include the required statements in the assignment executed by the individual, in lieu of filing the statements separately. The changes to 35 U.S.C. § 115 in the AIA are effective on September 16, 2012, but apply only to patent applications filed on or after September 16, 2012. In order to accommodate the revised procedure, the USPTO is revising Form PTO-1595 and EPAS to allow the public to indicate that the assignment document serves as an oath or declaration under 37 CFR 1.63. The proposed revisions of these forms will not result in a substantive change in the burden for this collection. The changes will have no effect on the estimated annual responses or estimated time per response for the revised forms.
Authorizing Statute(s):
US Code:
15 USC 1057 and 1060
US Code:
35 USC 261 and 262
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
0651-AD02
Final or interim final rulemaking
82 FR 52780
11/14/2017
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
79 FR 71397
12/02/2014
30-day Notice:
Federal Register Citation:
Citation Date:
80 FR 11178
03/02/2015
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
Electronic Patent Assignment System (EPAS)
PTO-1595
Electronic Patent Assignment System (EPAS)
Electronic Trademark Assignment System (ETAS)
PTO-1594
Electronic Trademark Assignment System (ETAS)
Patent Recordation Form Cover Sheet
PTO-1595
Patent Recordation Form Cover Sheet
Trademark Recordation Form Cover Sheet
PTO-1594
Trademark Recordation Form Cover Sheet
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:
$4,782,839
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
Yes
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:
Joyce Johnson 7033089706 ext. 132 joyce.johnson@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:
11/17/2017
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