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:
0651-0073
ICR Reference No:
202212-0651-001
Status:
Historical Active
Previous ICR Reference No:
202201-0651-002
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Patent Law Treaty
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved with change
Conclusion Date:
03/21/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/30/2023
Terms of Clearance:
Updated supporting statement during review.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2026
36 Months From Approved
03/31/2023
Responses
800
0
650
Time Burden (Hours)
800
0
650
Cost Burden (Dollars)
1,464,824
0
1,130,054
Abstract:
The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II. The PLT harmonizes and streamlines formal procedures pertaining to the filing and processing of patent applications. As covered in the final rule titled "Changes to Implement the Patent Law Treaty" (RIN 0651-AC85), the USPTO adopted the rules of practice for consistency with the PLT and title II of the PLTIA. The information in this collection relates to the petitions for restoration that may be filed in accordance with the revised rules. The information in this collection can be submitted electronically through EFS-Web, the UPSTO's Web-based electronic filing system, as well as on paper.
Authorizing Statute(s):
US Code:
35 USC 110-119
Name of Law: Patent Law Treaties Implementation Act of 2012
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:
87 FR 69011
11/17/2022
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 5862
01/30/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
2
IC Title
Form No.
Form Name
Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.178(a)(1)(ii)
PTO/SB/459
PETITION TO RESTORE THE BENEFIT OF A PROVISIONAL APPLICATION (37 CFR 1.78(b)) OR TO RESTORE THE PRIORITY TO A FOREIGN APPLICATION (37 CFR 1.55(c))
Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.178(a)(1)(ii)
PTO/SB/459
PETITION TO RESTORE THE BENEFIT OF A PROVISIONAL APPLICATION (37 CFR 1.78(b)) OR TO RESTORE THE PRIORITY TO A FOREIGN APPLICATION (37 CFR 1.55(c))
Petition to Restore the Right of Priority under 37 CFR 1.55(c) Or Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b)
PTO/SB/459
Petition to Restore the Right of Priority under 37 CFR 1.55(c) Or Petition to Restore the Benefit of a Prior-Filed Provision Application under 37 CFR 1.78(b)
Petition to Restore the Right of Priority under 37 CFR 1.55(c) Or Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b)
PTO/SB/459
Petition to Restore the Right of Priority under 37 CFR 1.55(c) Or Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b)
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
800
650
0
0
150
0
Annual Time Burden (Hours)
800
650
0
0
150
0
Annual Cost Burden (Dollars)
1,464,824
1,130,054
0
69,750
265,020
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:
Estimated Annual Responses and Hourly Burdens due to Adjustment in Agency Estimate The increase in the number of responses (+150) and burden hours (+150) is due to the estimated normal fluctuation in the number of responses for the items remaining in this information collection. The American Invents Act introduced these filing options in 2012. Patent fillers have increased their usage of these petitions as the word has spread about the effectiveness of these options. In response, USPTO created dedicated forms for these petitions in 2022; an action expected to further increase use of these items. The USPTO continues to increase its estimated number of respondents to account for this trend. Change in Annual (Non-hour) Costs due to Program Change due to Agency Discretion As part of this renewal, USPTO is also updating the fee associated with these petitions. That fee change results in $69,750 being added to the information collection. Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate The USPTO estimates an increase (+$265,000) for the total annual (non-hour) costs due to increases in the number of respondents who are filling petitions and paying the associated costs for those items. Likewise, USPTO increased its estimates for postage costs to reflect more accurate respondent burden which adds (+$20).
Annual Cost to Federal Government:
$7,572
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:
Parikha Mehta 571 272-3248
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:
01/30/2023
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