View Information Collection Request (ICR) Package

OMB Control No: 0651-0059	ICR Reference No: 201105-0651-008
Status: Historical Active	Previous ICR Reference No: 200804-0651-002
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Certain Patent Petitions Requiring a Fee (formerly Patent Petitions Corresponding to the Fee Under 37 CFR 1.17(f))
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: 07/15/2011
	Date Received in OIRA: 05/31/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2014	36 Months From Approved	07/31/2011
Responses	39,015	0	20,600
Time Burden (Hours)	41,907	0	14,584
Cost Burden (Dollars)	3,875,425	0	1,331,948

Abstract: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. § 131 et seq. to examine an application for patent and, when appropriate, issue a patent. The USPTO is also required to publish patent applications, with certain exceptions, promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under Title 35, United States Code ("eighteen-month publication"). Many actions taken by the USPTO during its examination of an application for patent or for reissue of a patent, or during its reexamination of a patent, are subject to review by an appeal to the Board of Patent Appeals and Interferences. For other USPTO actions, review is in the form of administrative review obtained via a petition. These petitions also allow patent applicants or owners an opportunity to supply additional required information. This collection currently covers the petitions under 37 CFR 1.17(f). For this renewal, the petitions under 37 CFR 1.17 (g) and (h) and certain other petitions requiring a fee under 37 CFR 1.17 are being transferred out of 0651-0031 into this collection.

Authorizing Statute(s): US Code: 35 USC 132
   US Code: 35 USC 2(b)(2)
   US Code: 35 USC 122(b)
   US Code: 35 USC 41(a)(8)
   US Code: 35 USC 131

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:
	76 FR 11430	03/02/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 31305	05/31/2011
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	39,015	20,600	18,415	0
Annual Time Burden (Hours)	41,907	14,584	27,323	0
Annual Cost Burden (Dollars)	3,875,425	1,331,948	2,538,095	5,382

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: This information collection is currently approved with 20,6000 responses, 14,584 burden hours, and $1,331,948 in annualized (non-hour) costs. The USPTO estimates that the responses and burden hours will increase by 18,415 responses and 27,323 burden hours per year. The USPTO estimates that 12,832 hours will be reduced from the collection due to the availability of electronic filing; however, this reduction will be offset by an estimated increase of 40,155 hours for the six petitions that are being transfered out of 0651-0031 into this collection. Therefore, the USPTO estimates an overall increase of 27,323 hours due to program changes. The USPTO estimates that the total annual (non-hour) costs will increase by $2,543,477 per year. The USPTO estimates that the option to file electronically will reduce costs by $1,170,614. This reduction, however, will be offset by an increase of $3,708,709 related to the transferred petitions. Therefore, the USPTO estimates that the annual (non-hour) costs will increase by $2,538,095 due to program changes. The USPTO also estimates that $5,382 will be added to the collection as a result of administrative adjustments due to postage rate changes. Therefore, the USPTO estimates that this renewal will have 39,015 responses, 41,907 burden hours, and $3,875,425 in annualized costs.

Annual Cost to Federal Government: $103,178

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: Raul Tamayo 5712727728 Raul.Tamayo@uspto.gov

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