View Information Collection Request (ICR) Package
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Certification
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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:
0651-0033
ICR Reference No:
202411-0651-001
Status:
Active
Previous ICR Reference No:
202303-0651-015
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Post Allowance and Refiling
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
OIRA Conclusion Action:
Approved without change
Conclusion Date:
11/25/2024
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/20/2024
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2026
03/31/2026
03/31/2026
Responses
426,301
0
426,301
Time Burden (Hours)
373,568
0
373,568
Cost Burden (Dollars)
399,030,189
0
358,297,401
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 251-256
Name of Law: LEAHY–SMITH AMERICA INVENTS ACT
US Code:
35 USC 151
Name of Law: HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
US Code:
35 USC 41
Name of Law: HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
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
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
Number of Information Collection (IC) in this ICR:
18
IC Title
Form No.
Form Name
Certificate of Correction (Individuals and Households)
PTO/SB/44
Certificate of Correction
Certificate of Correction (Private Sector)
PTO/SB/44
Certificate of Correction
Issue Fee Transmittal (Individuals and Households)
PTOL-85B
Issue Fee Transmittal
Issue Fee Transmittal (Private Sector)
PTOL-85B
Issue Fee Transmittal
Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (Individuals and Households)
Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (Private Sector)
Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. § 115(d) and 37 CFR 1.64) (IH)
PTO/AIA/06, PTO/AIA/07, PTO/AIA/05
Reissue Application Declaration by the Inventor
,
Reissue Application by the Assignee
,
Substitute Statement in Lieu of an Oath of Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64
Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. § 115(d) and 37 CFR 1.64) (PS)
PTO/AIA/05, PTO/AIA/06, PTO/AIA/07
Reissue Application Declaration by the Inventor
,
Reissue Application by the Assignee
,
Substitute Statement in Lieu of an Oath of Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64
Reissue Application Fee Transmittal Form (Individuals and Households)
PTO/SB/56
Reissue Application Fee Transmittal Form
Reissue Application Fee Transmittal Form (Private Sector)
PTO/SB/56
Reissue Application Fee Transmittal Form
Reissue Application: Consent of Assignee; Statement of Non-assignment (Individuals and Households)
PTO/SB/53, PTO/AIA/53
Reissue Application: Consent of Assignee; Statement of Non-assignment
,
Reissue Application: Consent of Assignee; Statement of Non-Assignment
Reissue Application: Consent of Assignee; Statement of Non-assignment (Private Sector)
PTO/AIA/53, PTO/SB/53
Reissue Application: Consent of Assignee; Statement of Non-assignment
,
Reissue Application: Consent of Assignee; Statement of Non-Assignment
Reissue Documentation (Individuals and Households)
Reissue Documentation (Private Sector)
Reissue Patent Application Transmittal (Individuals and Households)
PTO/AIA/50
Reissue Patent Application Transmittal
Reissue Patent Application Transmittal (Private Sector)
PTO/AIA/50
Reissue Patent Application Transmittal
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175(c)) (Private Sector)
PTO/SB/51, PTO/SB/51S , PTO/SB/52
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)
,
Reissue Declaration by the Inventor
,
Reissue Application Declaration by the Assignee
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175) (Individuals and Households)
PTO/SB/51S , PTO/SB/51, PTO/SB/52
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)
,
Reissue Application Declaration by the Inventor
,
Reissue Application Declaration by the Assignee
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
426,301
426,301
0
0
0
0
Annual Time Burden (Hours)
373,568
373,568
0
0
0
0
Annual Cost Burden (Dollars)
399,030,189
358,297,401
0
40,732,788
0
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:
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
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:
11/20/2024
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