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:
0651-0063
ICR Reference No:
200809-0651-003
Status:
Historical Active
Previous ICR Reference No:
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Board of Patent Appeals and Interferences (BPAI) Actions
Type of Information Collection:
New collection (Request for a new OMB Control Number)
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
12/22/2009
Retrieve Notice of Action (NOA)
Date Received in OIRA:
10/09/2008
Terms of Clearance:
Revised to modify the pending information collection request submission to limit it to the current rule [37 CFR 41.1 et seq. (2004)].
Inventory as of this Action
Requested
Previously Approved
Expiration Date
12/31/2012
36 Months From Approved
Responses
28,215
0
0
Time Burden (Hours)
812,280
0
0
Cost Burden (Dollars)
11,447,731
0
0
Abstract:
The Patent Statute 35 U.S.C. 6(b) established the Board of Patent Appeals and Interferences (BPAI). As such, the BPAI "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." BPAI has the authority under 35 U.S.C. 134 and 306 to review ex parte appeals from the adverse decisions of examiners in those situations where a written appeal is taken by a dissatisfied applicant. The current rules governing ex parte appeals can be found in 37 CFR 41.1 through 41.54.
Authorizing Statute(s):
US Code:
35 USC 306
US Code:
35 USC 134
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:
73 FR 32559
06/09/2008
30-day Notice:
Federal Register Citation:
Citation Date:
73 FR 58943
10/08/2008
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Appeal Brief
Reply Brief
Request for Rehearing Before the BPAI
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
28,215
0
0
28,215
0
0
Annual Time Burden (Hours)
812,280
0
0
812,280
0
0
Annual Cost Burden (Dollars)
11,447,731
0
0
11,447,731
0
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:
This is a new information collection request which, upon approval by the OMB, will increase the USPTO's current information collection inventory. The USPTO is including these three items associated with the Board of Patent Appeals and Interferences (BPAI) as an addition to the two items currently covered in 0651-0031 (Notice of Appeal and Request for Oral Hearing Before the BPAI). The USPTO expects to move these two items from 0651-0031 into this new collection with the end result an expanded and consolidated BPAI collection.
Annual Cost to Federal Government:
$567,909
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)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Kimberly Jordan 5712729797
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:
10/09/2008
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