View Information Collection Request (ICR) Package
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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:
0651-0059
ICR Reference No:
201601-0651-019
Status:
Historical Active
Previous ICR Reference No:
201504-0651-004
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Patent Petitions Related to Application and Reexamination Processing Fees
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:
02/22/2016
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/29/2016
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2017
09/30/2017
09/30/2017
Responses
56,183
0
33,119
Time Burden (Hours)
76,330
0
35,596
Cost Burden (Dollars)
4,035,506
0
9,946
Abstract:
The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. ยง 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. The fees for the requirements in this collection have been moved into 0651-0072 America Invents Act Section 10 Patent Fee Adjustments (approved by OMB in January 2013). The USPTO is submitting this request to remove the fees from this collection to avoid double-counting them. This request only removes the affected fees from the annual (non-hour) cost burden. The items and other burden information remain in 0651-0059. The collection's name has been changed from "Patent Petitions formerly requiring a fee" to the new name which denotes the specific types of fees that these petitions relate to.
Authorizing Statute(s):
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
US Code:
35 USC 132
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:
79 FR 29800
05/20/2014
30-day Notice:
Federal Register Citation:
Citation Date:
79 FR 44010
07/29/2014
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
18
IC Title
Form No.
Form Name
EFS-Web Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal
PTO/SB/17p
Petition Fee Under 37 CFR 1.17(f), (g) & (h) Transmittal
EFS-Web Petition for Extension of Time Under 37 CFR 1.136 (b)
PTO/SB/23
Petition for Extension of Time Under 37 CFR 1.136(b)
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(f)
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(g)
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(h)
PTO/SB/140
Petition to Withdraw An Application From Issue After Payment of the Issue Fee Under 37 CFR 1.313(c)
EFS-Web Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
PTO/SB/24A
Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
EFS-Web Petitions for Requests for Documents in a Form Other Than That Provided by 37 CFR 1.19
Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal
PTO/SB/17p
Petition Fee Under 37 CFR 1.17(f), (g) & (h) Transmittal
Petition for Extension of Time Under 37 CFR 1.136(b)
PTO/SB/23
Petition for Extension of Time Under 37 CFR 1.136(b)
Petitions (corresponding to the fee) under 37 CFR 1.17(f) (accord filing dates under 1.57(a) and 1.153(d), decisions on questions not provided for, suspend rules)
Petitions (corresponding to the fee) under 37 CFR 1.17(g) (access assignment record, access application, expungement and return of information, and to suspend action in an application)
Petitions (corresponding to the fee) under 37 CFR 1.17(h) (accepting color drawings or photographs, entry of a model or exhibit, withdraw an application from issue, defer issuance of a patent)
Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
PTO/SB/24A
Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
Petitions for Requests for Documents in a Form Other Than That Provided by 37 CFR 1.19
Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group I)
Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group II)
Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group III)
Petitions to Make Special under Accelerated Examination Program (EFS-Web only)
PTO/SB/28
Petition to Make Special Under Accelerated Examination Program
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
56,183
33,119
0
23,064
0
0
Annual Time Burden (Hours)
76,330
35,596
0
40,734
0
0
Annual Cost Burden (Dollars)
4,035,506
9,946
0
4,025,560
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:
Filing fees have been added to collection 0651-0059 from collection 0651-0072, following the discontinuation of 0651-0072 to provide accurate accounting of the fees. This program change results in an increase in annual burden, time burden, and cost burden.
Annual Cost to Federal Government:
$88,484
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:
01/29/2016
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