View Information Collection Request (ICR) Package

OMB Control No: 0651-0063	ICR Reference No: 201010-0651-001
Status: Historical Inactive	Previous ICR Reference No: 200809-0651-003
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Board of Patent Appeals and Interferences (BPAI) Actions
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Preapproved	Conclusion Date: 01/04/2011
	Date Received in OIRA: 11/15/2010
Terms of Clearance: Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2014	12/31/2012	12/31/2012
Responses	35,044	0	28,215
Time Burden (Hours)	869,685	0	812,280
Cost Burden (Dollars)	13,041,071	0	11,447,731

Abstract: The Board of Patent and Appeals (BPAI) has the authority under 35 U.S.C. Sections 134 and 306 to review ex parte appeals. The United States Patent and Trademark Office (USPTO) is submitting this information collection request in support of a notice of proposed rulemaking entitled "Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals" (RIN 0651-AC37). This proposed rule will add a new requirement (amendments)into the collection, proposes changes to the current appeal rules that may cause some appellants to add subheading(s) to an appeal brief, and proposes to eliminate several of the current briefing requirements for appeal briefs. In addition to the changes proposed by the rulemaking, the USPTO is taking this opportunity to reestimate the postage costs due to increased U.S. postage rates, reestimate the filing fees, and update the number of projected responses for the appeal briefs, reply briefs, and requests for rehearings based on current projections.

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:
0651-AC37	Proposed rulemaking	75 FR 69828	11/15/2010

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	35,044	28,215	267	6,562
Annual Time Burden (Hours)	869,685	812,280	-68,901	126,306
Annual Cost Burden (Dollars)	13,041,071	11,447,731	348	1,592,992

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The USPTO will publish a notice of proposed rulemaking entitled "Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals" which adds a new item (amendments)and reduces the amount of time that it takes to complete an appeal brief. The USPTO estimates that the proposed rule adds 534 hours to the collection and reduces 69,435 hours, for a total reduction of 68,901 hours per year. The USPTO also estimates that the number of briefs and requests filed will increase by 6,562 responses, for a burden increase of 126,306 hours per year. These actions are estimated to increase the burden hours by 57,405 hours per year, with a program reduction of 68,901 hours offset by an administrative increase of 126,306 hours. The proposed rule will add $348 in postage costs for the amendments into the collection. The USPTO estimates that reduced paper filings will reduce the postage costs by $203,048 per year, and that increases in the number of submissions will increase the filing fees by $1,796,040. These actions are estimated to increase the annual costs by $1,593,340 per year, with a program increase of $348 and an administrative increase of $1,592,992.

Annual Cost to Federal Government: $682,899

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]? 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: Linda Horner 571 272-9797

View ICR - OIRA Conclusion