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OMB Control No: 0651-0033	ICR Reference No: 202212-0651-002
Status: Historical Active	Previous ICR Reference No: 202001-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Allowance and Refiling
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	426,301	0	392,149
Time Burden (Hours)	373,568	0	331,434
Cost Burden (Dollars)	370,031,428	0	306,268,779

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 131 Name of Law: LEAHY–SMITH AMERICA INVENTS ACT
   US Code: 35 USC 115 Name of Law: LEAHY-SMITH AMERICA INVENTS TECHNICAL CORRECTIONS
   US Code: 35 USC 151 Name of Law: HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
   US Code: 35 USC 251-256 Name of Law: LEAHY–SMITH AMERICA INVENTS ACT
   US Code: 35 USC 41 Name of Law: HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS

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 71307	11/22/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 5860	01/30/2023
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	426,301	392,149	0	34,152
Annual Time Burden (Hours)	373,568	331,434	0	42,134
Annual Cost Burden (Dollars)	370,031,428	306,268,779	58,250,770	5,511,879

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 (+34,152) and burden hours (+42,134) is due to the estimated normal fluctuation in the number of responses for the items in this information collection. The USPTO continues to see an increasing number of respondents using options in this information collection when filing patent applications. This increase of 9% is similar to previous increases (7%: 2020). 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 items. USPTO increased its fees since the last renewal, as part of Final Rule 0651-AD31. These fee changes result in $58,250,770 being added to the information collection. This accounts for the previously approved 331,434 respondents, and the increase in respondents, paying slightly increased fees. (The USPTO is currently at work implementing a fee reduction that will place in FY2023 that will offset some of this fee increase.) Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate The USPTO estimates an increase (+5,748,535) for the total annual (non-hour) costs due to increases in the number of respondents paying filing fees. This increase of (2%) is reflective of the increased use of the patent filling options. While USPTO increased its estimates for postage costs to reflect more accurate respondent burden the overall number of respondents mailing items resulted in a postage cost decrease of -$236,656. When the postage costs and respondent volume related costs are combined there is overall increase, in agency adjustment, for renewal of $5,511,879.

Annual Cost to Federal Government: $2,575,342

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

View ICR - OIRA Conclusion