View Information Collection Request (ICR) Package
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View Information Collection (IC) List
View Supporting Statement and Other Documents
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:
201112-0651-001
Status:
Historical Active
Previous ICR Reference No:
201005-0651-003
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Post Allowance and Refiling
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
01/30/2012
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/20/2011
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
08/31/2013
08/31/2013
08/31/2013
Responses
217,684
0
217,184
Time Burden (Hours)
124,609
0
124,359
Cost Burden (Dollars)
284,980,686
0
284,915,686
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 public uses this information collection to pay fees for issuing patents, to request corrections of errors in issued patents, to apply for reissue patents, and to ensure that the necessary fees and documentation are submitted to the USPTO. The USPTO is proposing to add one form to this collection, Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (PTO/SB/141). This form is associated with an existing information requirement, Certificate of Correction, that is currently approved under 0651-0033. Customers may use the proposed form PTO/SB/141 as a convenient way to provide the explanation required by the existing Certificate of Correction (PTO/SB/44) in certain instances. The new form, Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (PTO/SB/141), will be prepared and submitted electronically. Automation of this item will allow the public to complete the form on a computer and then use an interactive button on the form itself to submit the information to the USPTO over the Internet. The electronic form will be convenient for customers while also allowing the USPTO to process the petition more efficiently.
Authorizing Statute(s):
US Code:
35 USC 131
US Code:
35 USC 151
US Code:
35 USC 251-256
US Code:
35 USC 41
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:
75 FR 6350
02/09/2010
30-day Notice:
Federal Register Citation:
Citation Date:
75 FR 41435
07/16/2010
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
10
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)
PTOL-85B
Issue Fee Transmittal
Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))
PTO/SB/141
Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))
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
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
217,684
217,184
0
500
0
0
Annual Time Burden (Hours)
124,609
124,359
0
250
0
0
Annual Cost Burden (Dollars)
284,980,686
284,915,686
0
65,000
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:
The USPTO is proposing to add one form to this collection, Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (PTO/SB/141). This form is associated with an existing information requirement, Certificate of Correction, that is currently approved under 0651-0033. The USPTO estimates that it will receive 500 responses per year using form PTO/SB/141, and that it will take the public approximately 30 minutes (0.50 hours) to prepare and submit the information for each request. Therefore, this collection takes an increase of 500 responses and 250 burden hours as a program change. There is also a $130 fee associated with submitting form PTO/SB/141. Therefore, this collection takes an increase of $65,000 in annual (non-hour) costs as a program change.
Annual Cost to Federal Government:
$450,914
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
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:
12/20/2011
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