View Information Collection Request (ICR) Package

OMB Control No: 0651-0059	ICR Reference No: 202011-0651-002
Status: Historical Active	Previous ICR Reference No: 201909-0651-003
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Petitions Related to Application and Reexamination Processing Fees
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: 06/08/2021
	Date Received in OIRA: 01/21/2021
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2024	36 Months From Approved	06/30/2021
Responses	40,922	0	60,210
Time Burden (Hours)	72,959	0	42,195
Cost Burden (Dollars)	3,195,134	0	3,284,094

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 USPTO also is 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. 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 Patent Trial and Appeal Board (PTAB); appeals to PTAB are covered in other OMB approved information collections (0651-0063 and 0651-0069). For other USPTO actions, review is in the form of administrative review obtained via submission of a petition to the USPTO. USPTO petitions practice also provides an opportunity for a patent applicant or owner to supply additional information that may be required in order for the USPTO to further process an application or patent. This information collection covers petitions filed in patent applications and reexamination proceedings that, when submitted to the USPTO, must be accompanied by the fee set forth in 37 CFR 1.17(f), (g), or (h). This information collection also covers the transmittals for the petitions fees.

Authorizing Statute(s): US Code: 35 USC 2(b)(2) Name of Law: America Invents Act of 2011

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:
	85 FR 61937	10/01/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 5146	01/19/2021
Did the Agency receive public comments on this ICR? No

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Agency Discretion	Change Due to Adjustment in Estimate
Annual Number of Responses	40,922	60,210	-26,802	7,514
Annual Time Burden (Hours)	72,959	42,195	25,811	4,953
Annual Cost Burden (Dollars)	3,195,134	3,284,094	-1,516,742	1,427,782

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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: Changes in responses and burden hours For this renewal, the USPTO estimates that the annual responses will decrease by 19,288 (from 60,210 to 40,922) and the total burden hours will increase by 30,763 (from 42,195 to 72,959) from the currently approved burden for this information collection. These changes are due to program changes and agency estimates resulting in lines of the information collection being merged. Changes in annual (non-hour) costs For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $88,960 (from $3,284,094 to $3,195,134). This decrease is the result of natural fluctuation in the items being submitted as well as certain program changes to the fee amounts due to recent fee adjustments.

Annual Cost to Federal Government: $156,671

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? No

Agency Contact: Raul Tamayo 571 272-7728 raul.tamayo@uspto.gov

View ICR - OIRA Conclusion