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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:
0693-0090
ICR Reference No:
202308-0693-004
Status:
Active
Previous ICR Reference No:
202107-0693-002
Agency/Subagency:
DOC/NIST
Agency Tracking No:
ER
Title:
iEdison
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:
09/30/2023
Retrieve Notice of Action (NOA)
Date Received in OIRA:
08/24/2023
Terms of Clearance:
This collection is approved based on the revised materials provided by the Department.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2026
36 Months From Approved
07/31/2025
Responses
122,520
0
98,016
Time Burden (Hours)
68,918
0
47,477
Cost Burden (Dollars)
0
0
0
Abstract:
The Bayh-Dole Act (35 USC §§ 200-212) and its implementing regulations (37 CFR 401) require Contractors to report information related to inventions and patents to the federal agency which awarded the relevant funding. The purpose of this legislation included promoting utilization of inventions resulting from federal R&D funding, encourage collaboration between non-profit and for-profit entities, increase commercialization and public availability of inventions made in the United States, and to ensure that the Government obtains sufficient rights in federally funded inventions to meet the needs of the Government and protect the public. To facilitate these and other objectives as well as to track both compliance with and effectiveness of this legislation, collection of data is required.
Authorizing Statute(s):
US Code:
35 USC 200-212
Name of Law: The Bayh-Dole 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:
88 FR 28516
05/04/2023
30-day Notice:
Federal Register Citation:
Citation Date:
88 FR 57941
08/24/2023
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
3
IC Title
Form No.
Form Name
Invention Records
Patent Records
Utilization Records
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
122,520
98,016
0
24,504
0
0
Annual Time Burden (Hours)
68,918
47,477
0
21,441
0
0
Annual Cost Burden (Dollars)
0
0
0
0
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:
The Bayh-Dole Act (35 USC 18) and its implementing regulations (37 CFR 401) allow agencies to ask Contractors for periodic reports on the utilization of a subject invention or on efforts at obtaining such utilization. Under the regulations, these reports shall include “information regarding the status of development, date of first commercial sale or use, gross royalties received by the contractor, and such other data and information as the agency may reasonably specify. These new questions are deemed reasonable to request for a number of reasons. The new questions include a follow-up question to provide details when an invention is not licensed or commercialized to ensure that practical application is being timely achieved and additional information regarding product manufacturing to ensure that contractors, assignees, and licensees are compliant with any domestic manufacturing requirements.
Annual Cost to Federal Government:
$1,705,000
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:
Elizabeth Reinhart 301 975-8707 elizabeth.reinhart@nist.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:
08/24/2023
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