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:
0651-0033
ICR Reference No:
201712-0651-018
Status:
Historical Active
Previous ICR Reference No:
201711-0651-005
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Post Allowance and Refiling
Type of Information Collection:
Reinstatement with change of a previously approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
12/11/2017
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
01/31/2020
01/31/2020
Responses
379,600
0
0
Time Burden (Hours)
207,065
0
0
Cost Burden (Dollars)
289,370,613
0
0
Abstract:
The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, allow applications and issue them as patents. When an application for a patent is allowed by the USPTO, the USPTO issues a notice of allowance and the applicant must pay the specified issue fee (including the publication fee, if applicable) within three months to avoid abandonment of the application. This collection of information also encompasses several actions that may be taken after issuance of a patent, pursuant to Chapter 25 of Title 35 U.S.C. A certificate of correction may be requested to correct an error or errors in the patent. For an original patent that is believed to be wholly or partly inoperative or invalid, the assignee(s) or inventor(s) may apply for reissue of the patent, which entails several formal requirements, including provision of an oath or declaration specifically identifying at least one error being relied upon as the basis for reissue and stating the reason for the belief that the original patent is wholly or partly inoperative or invalid (e.g., a defective specification or drawing, or claiming more or less than the patentee had the right to claim in the patent). The public uses this information collection to request corrections of errors in issued patents, to submit applications for reissue patents, and to submit issue fee payments.
Authorizing Statute(s):
US Code:
35 USC 41
US Code:
35 USC 131
US Code:
35 USC 115
US Code:
35 USC 151
US Code:
35 USC 251-256
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:
81 FR 56610
08/22/2016
30-day Notice:
Federal Register Citation:
Citation Date:
81 FR 74773
10/27/2016
Did the Agency receive public comments on this ICR?
No
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 (electronic)
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 or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
PTO/AIA/05, PTO/AIA/06, PTO/AIA/07, PTO/SB/51, PTO/SB/52
Reissue Application Declaration by the Inventor
,
Reissue Application Declaration by the Assignee
,
Reissue Application Declaration by the Inventor
,
Reissue Application Declaration by the Assignee
,
Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
Reissue Application Fee Transmittal Form
PTO/SB/56
Reissue Application Fee Transmittal Form
Reissue Application: Consent of Assignee; Statement of Non-Assignment
PTO/AIA/53, PTO/SB/53
Reissue Application: Consent of Assignee; Statement of Non-Assignment
,
Reissue Application: Consent of Assignee; Statement of Non-Assignment
Reissue Documentation
Reissue Patent Application Transmittal
PTO/AIA/50, PTO/SB/50
Reissue Patent Application Transmittal
,
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
379,600
0
0
379,600
0
0
Annual Time Burden (Hours)
207,065
0
0
207,065
0
0
Annual Cost Burden (Dollars)
289,370,613
0
0
289,370,613
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Changing Regulations
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
This request is to reinstate collection 0651-0033 and also reflects how the annual cost burden has been updated due to 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:
$585,718
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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