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View Information Collection (IC) List
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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:
202304-0651-002
Status:
Active
Previous ICR Reference No:
202303-0651-011
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Patent Trial and Appeal Board (PTAB) Appeals
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:
10/26/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
09/18/2023
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
10/31/2026
36 Months From Approved
10/31/2023
Responses
22,149
0
48,886
Time Burden (Hours)
238,999
0
565,927
Cost Burden (Dollars)
17,185,623
0
47,180,281
Abstract:
The Patent Trial and Appeal Board (PTAB or Board) is established by statute under 35 U.S.C. Section 6. This statute directs that PTAB "shall on written appeal of an applicant, review adverse decisions of examiners upon applications for patent and shall determine priority and patentability of invention in interferences." PTAB has the authority, under pre-AIA sections of the Patent Act, i.e. 35 U.S.C. Sections 134, 135, 306, and 315, to decide ex parte and inter partes appeals and interferences. The information in this information collection can be submitted in paper or electronically. In this renewal, the USPTO is adding the Petitions to the Chief Administrative Patent Judge Under 37 CFR 41.3 into the information collection, in addition to adjusting the responses, burden hours, and annual (non-hour) costs. The USPTO expects that businesses or other for-profits and non-profit institutions will mainly respond to this information collection, in addition to individuals or households.
Authorizing Statute(s):
US Code:
35 USC 134 and 135
Name of Law: America Invents Act
US Code:
35 USC 6
Name of Law: American Inventor Protection Act
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:
88 FR 42699
07/03/2023
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 63940
09/18/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Notice of Appeal
PTO/SB/31, PTO/AIA/31
Notice of Appeal from the Examiner to the Patent Trial and Appeal Board
,
Notice of Appeal from the Examiner to the Patent Trial and Appeal Board
Notice of Appeal
PTO/AIA/31, PTO/AIA/32, PTO/SB/32, PTO/SB/31
Notice of Appeal from the Examiner to the Patent Trial and Appeal Board
,
Notice of Appeal from the Examiner to the Patent Trial and Appeal Board
,
Request for Oral Hearing Before the Patent Trial and Appeal Board
,
Request for Oral Hearing Before the Patent Trial and Appeal Board
Request for Rehearing Before the PTAB
PTO/AIA/32 , PTO/SB/32
Request for Oral Hearing Before the PTAB
,
Request for Oral Hearing Before the PTAB
Statements, Motions, Oppositions, and Replies in preliminary and priority phases of an Interference
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
22,149
48,886
0
30
-26,767
0
Annual Time Burden (Hours)
238,999
565,927
0
3,600
-330,528
0
Annual Cost Burden (Dollars)
17,185,623
47,180,281
0
0
-29,994,658
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The burden increase due Agency Discretion is the result of a new IC line being added to this collection (Statements, Motions, Oppositions, and Replies in preliminary and priority phases of an Interference).
Annual Cost to Federal Government:
$294,249
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?
No
Agency Contact:
James Worth 571 272-7174
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:
09/18/2023
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