View Information Collection Request (ICR) Package

OMB Control No: 0651-0062	ICR Reference No: 201201-0651-001
Status: Historical Inactive	Previous ICR Reference No: 201101-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Third-Party Submissions and Protests
Type of Information Collection: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	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	03/31/2014	03/31/2014	03/31/2014
Responses	1,225	0	1,225
Time Burden (Hours)	9,350	0	9,350
Cost Burden (Dollars)	35,590	0	35,590

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 provisions of 35 U.S.C. 122(c) and 37 CFR 1.99 and 1.291 govern the ability of a third party to have information entered and considered in, or to protest, a patent application pending before the USPTO. On September 16, 2011, the Leahy-Smith America Invents Act (AIA) was enacted into law, which provides a new mechanism for third parties to submit to the USPTO, for consideration and inclusion in the record of a patent application, patents, published patent applications, or other printed publication of potential relevance to the examination of the application. Specifically, Section 8 of the Leahy-Smith AIA amends 35 U.S.C. 122 by adding 35 U.S.C. 122(e), which enumerates certain conditions that apply to a third-party preissuance submission to the USPTO. The USPTO proposes to implement 35 U.S.C. 122(e) in a new rule 37 CFR 1.290 and to eliminate 37 CFR 1.99. Section 8 of the AIA takes effect of September 16, 2012, and applies to any patent application filed before, on, or after the effective date.

Authorizing Statute(s): US Code: 35 USC 122(c)
   US Code: 35 USC 131
   US Code: 35 USC 151
   US Code: 35 USC 122(e)
   PL: Pub.L. 112 - 29 Section 8 Name of Law: Leahy-Smith America Invents Act

Citations for New Statutory Requirements: PL: Pub.L. 112 - 29 125 Stat. 284 Name of Law: Leahy-Smith America Invents Act

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0651-AC67	Proposed rulemaking	77 FR 448	01/05/2012

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

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:

Annual Cost to Federal Government: $14,407

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