View Information Collection Request (ICR) Package

OMB Control No: 0651-0067	ICR Reference No: 201112-0651-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Patent Public Submissions
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: Comment filed on proposed rule	Conclusion Date: 02/17/2012
	Date Received in OIRA: 01/05/2012
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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. Currently, the provisions of 35 U.S.C. 301 and 37 CFR 1.501 govern the ability of a person to cite to the USPTO in writing prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a patent. On September 16, 2011, the Leahy-Smith America Invents Act was enacted into law. Section 6(g) of the Leahy-Smith America Invents Act amends 35 U.S.C 301 to expand the information that can be submitted in the file of an issued patent by including written statements made by a patent owner before a Federal court or the USPTO regarding the scope of any claim of the patent. This provision is effective on September 16, 2012 and the USPTO accordingly published a notice of proposed rulemaking titled "Changes to Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act (RIN 0651-AC66) in the Federal Register to implement it. In support of the proposed rulemaking, the USPTO is submitting this new information collection, Post Patent Public Submissions, and requesting that the item "Information Disclosure Citation in a Patent" (PTO/SB/42) be transferred out of the 0651-0031 Patent Processing (Updating) approved inventory and into this new collection.

Authorizing Statute(s): PL: Pub.L. 112 - 29 6(g) Name of Law: Leahy-Smith America Invents Act
US Code: 35 USC 301

Citations for New Statutory Requirements: PL: Pub.L. 112 - 29 6(g) Name of Law: Leahy-Smith America Invents Act

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0651-AC66	Proposed rulemaking	77 FR 442	01/05/2012

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

Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Electronic Information Disclosure Citation in a Patent
Information Disclosure Citation in a Patent	PTO/SB/42

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The USPTO is submitting this new information collection request in support of a notice of proposed rulemaking titled "Changes to Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act" (RIN 0651-0066). This rule proposes a new requirement resulting from the Leahy-Smith America Invents Act (i.e., the submission of patent ownership statements) and is the sole means of accomplishing the purpose of the statute. The USPTO estimates that this new collection will add 1,000 responses, 10,000 burden hours, and $347 in annual (non-hour) postage costs to the USPTO's current information collection inventory as a program change.

Annual Cost to Federal Government: $13,145

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

View ICR - OIRA Conclusion