View Information Collection Request (ICR) Package
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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:
0651-0033
ICR Reference No:
200704-0651-001
Status:
Historical Active
Previous ICR Reference No:
200404-0651-001
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Post Allowance and Refiling
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:
08/07/2007
Retrieve Notice of Action (NOA)
Date Received in OIRA:
04/24/2007
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
08/31/2010
36 Months From Approved
08/31/2007
Responses
224,926
0
223,411
Time Burden (Hours)
68,245
0
67,261
Cost Burden (Dollars)
273,113,430
0
257,517,000
Abstract:
The USPTO is required by 35 U.S.C. 131 and 151 to examine applications and issue them as patents when appropriate. The applicant must then pay the required issue fee to receive the patent and avoid abandonment of the application. The USPTO can also correct errors in patents and reissue patents as appropriate. The USPTO may grant requests for ex parte and inter partes reexamination proceedings, in which third parties may also participate. The public uses this collection to request corrections of errors in issued patents, to request reissue patents, to request reexamination proceedings, and to ensure that the necessary fees and documentation are submitted to the USPTO. The USPTO is adding two items to this information collection, an electronic version of the Issue Fee Transmittal (Form PTOL-85B) and a petition to request an extension of time in ex parte or inter partes reexamination proceedings. This petition is an existing requirement that was not previously covered in this collection.
Authorizing Statute(s):
US Code:
35 USC 41
US Code:
35 USC 131
US Code:
35 USC 151
US Code:
35 USC 251-256
US Code:
35 USC 301-318
Citations for New Statutory Requirements:
US Code: 35 USC 41 Name of Law: Consolidated Appropriations Act 2005
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:
72 FR 2869
01/23/2007
30-day Notice:
Federal Register Citation:
Citation Date:
72 FR 17876
04/10/2007
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
14
IC Title
Form No.
Form Name
Certificate of Correction
PTO/SB/44
Certificate of Correction
Issue Fee Transmittal
PTOL-85B
Issue Fee Transmittal
Issue Fee Transmittal (EFS-Web)
Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination
Petition to Review Refusal to Grant Ex Parte Reexamination
Petition to Review Refusal to Grant Inter Partes Reexamination
Reissue Application Declaration by the Inventor or the Assignee
PTO/SB/51, PTO/SB/52
Reissue Application Declaration by the Inventor
,
Reissue Application Declaration by the Assignee
Reissue Application Fee Transmittal Form
PTO/SB/56
Reissue Application Fee Transmittal Form
Reissue Application: Consent of Assignee; Statement of Non-Assignment
PTO/SB/53
Reissue Application: Consent of Assignee; Statement of Non-Assignment
Reissue Documentation
Reissue Patent Application Transmittal
PTO/SB/50
Reissue Patent Application Transmittal
Request for Ex Parte Reexamination Transmittal Form
PTO/SB/57
Request for Ex Parte Reexamination Transmittal Form
Request for Inter Partes Reexamination Transmittal Form
PTO/SB/58
Request for Inter Partes Reexamination Transmittal Form
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)
PTO/SB/51S
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)
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
224,926
223,411
0
50
1,465
0
Annual Time Burden (Hours)
68,245
67,261
0
25
959
0
Annual Cost Burden (Dollars)
273,113,430
257,517,000
15,676,455
-5,378
-74,647
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:
Yes
Burden Reduction Due to:
Using Information Technology
Short Statement:
For this renewal, the USPTO estimates that the annual responses for this collection will increase by 1,515 and the burden hours will increase by 984 due to program changes from the addition of the petition to request an extension of time in reexamination proceedings and administrative adjustments from expected increases in filings. The USPTO also estimates that the annual (non-hour) costs for this collection will increase, primarily due to program changes from increases in filing fees that will be partially offset by administrative adjustments from expected decreases in filings for some items in this collection. The annual costs for this collection will also be affected by a net decrease in postage costs as a program change due to the addition of the electronic filing option for issue fee transmittals, which will also be partially offset by the addition of recordkeeping costs for electronic submissions as a program change and an increase in average postage costs for mailed submissions as an administrative adjustment.
Annual Cost to Federal Government:
$995,207
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]?
Uncollected
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
Uncollected
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
Uncollected
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:
04/24/2007
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