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:
0651-0016
ICR Reference No:
201712-0651-013
Status:
Historical Active
Previous ICR Reference No:
201711-0651-001
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Rules for Patent Maintenance 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:
12/13/2017
Retrieve Notice of Action (NOA)
Date Received in OIRA:
12/11/2017
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
07/31/2018
07/31/2018
07/31/2018
Responses
525,309
0
896,919
Time Burden (Hours)
18,123
0
49,547
Cost Burden (Dollars)
1,123,428,711
0
1,120,361,211
Abstract:
The United States Patent and Trademark Office (USPTO) is submitting this request to update the information collection 0651-0016 Rules for Patent Maintenance Fees. The USPTO is proposing to remove a form associated with an existing information requirement that is currently approved: Petition to Accept Unavoidably Delayed Payment of Maintenance Fee in an Expired Patent (1.378(b)). Under 35 U.S.C. ยง 41 and 37 CFR 1.20(e)-(i) and 1.362-1.378, the USPTO charges fees for maintaining in force all utility patents based on applications filed on or after December 12, 1980. Payment of these maintenance fees is due at 3-1/2, 7-1/2, and 11-1/2 years after the date the patent was granted. If the USPTO does not receive payment of the appropriate maintenance fee and any applicable surcharge within a grace period of six months following each of the above intervals, the patent will expire and no longer be enforceable. The public uses this collection to submit patent maintenance fee payments, to file petitions regarding delayed or refused payments, and to designate an address to be used for fee-related correspondence.
Authorizing Statute(s):
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
82 FR 52780
11/14/2017
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
80 FR 11178
03/02/2015
30-day Notice:
Federal Register Citation:
Citation Date:
80 FR 27151
05/12/2015
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
7
IC Title
Form No.
Form Name
Electronic Maintenance Fee Transactions
Fee Address Indication Form
PTO/SB/47
Fee Address Indication Form
Maintenance Fee Transmittal Transactions
PTO/SB/45
Maintenance Fee Transmittal Form
Maintenance fee due at 11.5 years
Maintenance fee due at 3.5 years
Maintenance fee due at 7.5 years
Petition for Reconsideration of Decision on Petition Refusing to Accept Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(e))
Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c))
PTO/SB/66
Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c))
Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c)) (electronic)
PTO/SB/66e, ePetition
Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c)) EFS-Web
,
Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c))
Petition to Review Refusal to Accept Payment of Maintenance Fee Prior to Expiration of Patent (37 CFR 1.377)
Surcharge - 11.5 years - Late payment within 6 months
Surcharge - 3.5 years - Late payment within 6 months
Surcharge - 7.5 years - Late payment within 6 months
Surcharge after expiration - Late payment is unavoidable
Surcharge after expiration - Late payment is unintentional
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
525,309
896,919
0
-371,610
0
0
Annual Time Burden (Hours)
18,123
49,547
0
-31,424
0
0
Annual Cost Burden (Dollars)
1,123,428,711
1,120,361,211
0
3,067,500
0
0
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:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
Filing fees have been returned to collection 0651-0016 from collection 0651-0072, following the discontinuation of 0651-0072, resulting in an increase of responses, time burden, and cost burden. In 2017, the fees have been updated as a part of the Patent Fee Review process. The final rule of the Patent Fee Review has been attached as a supplementary document.
Annual Cost to Federal Government:
$344,449
Does this IC contain surveys, censuses, or employ statistical methods?
No
Does this ICR request any personally identifiable information (see
OMB Circular No. A-130
for an explanation of this term)? Please consult with your agency's privacy program when making this determination.
Yes
Does this ICR include a form that requires a Privacy Act Statement (see
5 U.S.C. §552a(e)(3)
)? Please consult with your agency's privacy program when making this determination.
Yes
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 571 272-7728 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:
12/11/2017
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