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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:
0651-0071
ICR Reference No:
201811-0651-002
Status:
Historical Active
Previous ICR Reference No:
201506-0651-001
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Matters Related to First Inventor to File
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:
02/06/2019
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/29/2018
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
02/28/2022
36 Months From Approved
02/28/2019
Responses
23,681
0
50,150
Time Burden (Hours)
207,362
0
340,300
Cost Burden (Dollars)
82
0
8,478
Abstract:
The Leahy-Smith America Invents Act was enacted into law on September 16, 2011 (Pub. L. 112-29, 125 Stat. 283 (2011)). Section 3 of the Leahy-Smith America Invents Act, inter alia, amends the patent laws to: (1) convert the United States patent system from a "first to invent" system to a "first inventor to file" system. The changes in section 3 of the AIA went into effect on March 16, 2013, but apply only to certain applications filed on or after March 16, 2013. 37 CFR 1.55(k), 1.78(a)(6) and 1.78(d)(6) require information needed to assist the USPTO in determining whether an application is subject to 35 U.S.C. 102 and 103 as amended by the AIA or 35 U.S.C. 102 and 103 in effect on March 15, 2013. 37 CFR 1.110 requires information needed to identify the inventorship and ownership, or obligation to assign ownership, of each claimed invention on its effective filing date (as defined in ยง 1.109) or on its date of invention, as applicable, in an application or patent naming one or more joint inventors, when necessary for purposes of a USPTO proceeding. 37 CFR 1.130, 1.131, and 1.132 provide for the submission of affidavits or declarations needed (i) to show that a disclosure was by the inventor or joint inventor, or was by a party who obtained the subject matter from the inventor or a joint inventor (1.130), (ii) to show that there was a prior public disclosure by the inventor or a joint inventor, or by a party who obtained the subject matter from the inventor or a joint inventor (1.130), (iii) to establish prior invention or to disqualify a commonly owned patent or published application as prior art (1.131), or (iv) to submit evidence to traverse a rejection or objection on a basis not otherwise provided for (1.132).
Authorizing Statute(s):
US Code:
35 USC 102 and 103
PL:
Pub.L. 112 - 29 125 Stat. 283 (2011)
Name of Law: Leahy-Smith America Invents Act
US Code:
35 USC 2(b)(2)
Citations for New Statutory Requirements:
PL: Pub.L. 112 - 29 125 Stat. 283 (2011) Name of Law: Leahy-Smith America Invents Act
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:
83 FR 45106
09/05/2018
30-day Notice:
Federal Register Citation:
Citation Date:
83 FR 58761
11/21/2018
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
10
IC Title
Form No.
Form Name
Electronic Identification of Inventorship and Ownership of the Subject Matter of Individual Claims under 37 CFR 1.110
Electronic Rule 1.130, 1.131, and 1.132 Affidavits or Declarations
Electronic Submissions Under 37 CFR 1.55(k)
Electronic Submissions Under 37 CFR 1.78(a)(6)
Electronic Submissions Under 37 CFR 1.78(d)(6)
Identification of Inventorship and Ownership of the Subject Matter of Individual Claims under 37 CFR 1.110
Rule 1.130, 1.131, and 1.132 Affidavits or Declarations
Submissions Under 37 CFR 1.55(k)
Submissions Under 37 CFR 1.78(a)(6)
Submissions Under 37 CFR 1.78(d)(6)
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
23,681
50,150
0
0
-26,469
0
Annual Time Burden (Hours)
207,362
340,300
0
0
-132,938
0
Annual Cost Burden (Dollars)
82
8,478
0
0
-8,396
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:
$312,756
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.
No
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.
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 571 272-7728 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:
11/29/2018
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