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:
0651-0034
ICR Reference No:
202001-0651-004
Status:
Historical Active
Previous ICR Reference No:
201612-0651-001
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Secrecy and License to Export
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
04/20/2020
Retrieve Notice of Action (NOA)
Date Received in OIRA:
02/28/2020
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
04/30/2023
36 Months From Approved
04/30/2020
Responses
4,434
0
2,559
Time Burden (Hours)
2,798
0
1,608
Cost Burden (Dollars)
788,287
0
448,267
Abstract:
In the interest of national security, patent laws and rules place certain limitations on the disclosure of information contained in patents and patent applications and on the filing of applications in foreign countries. In particular, whenever the publication or disclosure of an invention by the publication of an application or by the granting of a patent is, in the opinion of the head of an interested Government agency, determined to be detrimental to national security, the Commissioner for Patents of the USPTO must issue a secrecy order and withhold the publication of a patent application and the grant of a patent for such period as the national interest requires. The USPTO collects information to determine whether the patent laws and rules have been compiled with and to grant or revoke licenses to file abroad when appropriate. This collection is required by 35 U.S.C. 181-188 and administered through 37 CFR 5.1-5.33. Affected public includes private sector and individuals and households.
Authorizing Statute(s):
PL:
Pub.L. 106 - 113 4701
Name of Law: An Act for consolidated appropriations
PL:
Pub.L. 112 - 29 33
Name of Law: Leahy Smith America Invents Act
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:
84 FR 64874
11/25/2019
30-day Notice:
Federal Register Citation:
Citation Date:
85 FR 11970
02/28/2020
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
Petition for Changing Scope of License
Petition for Expedited Handling of License (corresponding U.S. application)
Petition for Expedited Handling of License (corresponding U.S. application)
Petition for Expedited Handling of License (no corresponding application)
Petition for Expedited Handling of License (no corresponding application)
Petition for General and Group Permits
Petition for Recission of Secrecy Order
Petition for Retroactive License
Petition for Retroactive License
Petition to Disclose or Modification of Secrecy Order
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
4,434
2,559
0
0
1,875
0
Annual Time Burden (Hours)
2,798
1,608
0
0
1,190
0
Annual Cost Burden (Dollars)
788,287
448,267
0
0
340,020
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:
No
Burden Reduction Due to:
Short Statement:
Adjustments in the information collection are due to: • Increases in estimated responses. The increases in this information collection are due to estimated annual responses being increased by 1,875 due to increased activity with these types of submissions, which in turn increased the estimated burden hours by 1,190. • Increases in estimated hourly cost burdens. The 2017 renewal of this information collection used an estimated rate of $410 per hour for the cost burdens. For this information collection submission, the USPTO is using updated hourly rates of $438.
Annual Cost to Federal Government:
$182,607
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.
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 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:
02/28/2020
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