View Information Collection Request (ICR) Package
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View ICR - Agency Submission
OMB Control No:
0651-0059
ICR Reference No:
202602-0651-001
Status:
Received in OIRA
Previous ICR Reference No:
202410-0651-015
Agency/Subagency:
DOC/PTO
Agency Tracking No:
Title:
Patent Petitions Related to Application and Reexamination Processing Fees
Type of Information Collection:
No material or nonsubstantive change to a currently approved collection
Common Form ICR:
No
Type of Review Request:
Regular
Date Submitted to OIRA:
02/24/2026
Requested
Previously Approved
Expiration Date
09/30/2027
09/30/2027
Responses
50,820
50,953
Time Burden (Hours)
80,641
82,237
Cost Burden (Dollars)
4,887,062
4,887,062
Abstract:
The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. ยง 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:
89 FR 11819
02/15/2024
30-day Notice:
Federal Register Citation:
Citation Date:
89 FR 42452
05/15/2024
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
5
IC Title
Form No.
Form Name
Petition for Extension of Time Under 37 CFR 1.136(b)
PTO/SB/23
Petition for Extension of Time Under 37 CFR 1.136(b)
Petitions (corresponding to the fee) under 37 CFR 1.17(f) (accord filing dates under 1.57(a) and 1.153(e), decision on question not specifically provided for, suspend rules)
PTO/AIA/17p, PTO/SB/17p
Processing Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal
,
Processing Fee Under 37 CFR 1.17(f), (g)(1), (g)(2), & (h) Transmittal
Petitions (corresponding to the fee) under 37 CFR 1.17(g) (access assignment record, access application, expungement and return of information, and to suspend action in an application)
PTO/AIA/17p, PTO/SB/17p
Processing Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal
,
Processing Fee Under 37 CFR 1.17(f), (g)(1), (g)(2), & (h) Transmittal
Petitions (corresponding to the fee) under 37 CFR 1.17(h) (accepting color drawings or photographs, entry of a model or exhibit, withdraw an application from issue, defer issuance of a patent)
PTO/SB/140, PTO/AIA/17p, PTO/SB/17p
Petition to Withdraw an Application from Issue After Payment of the Issue Fee Under 37 CFR 1.313(c)
,
Processing Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal
,
Processing Fee Under 37 CFR 1.17(f), (g)(1), (g)(2), & (h) Transmittal
Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
PTO/SB/24A
Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
Petitions to Make Special Under Accelerated Examination Program (EFS-Web only)
PTO/SB/28
Petitions to Make Special Under Accelerated Examination Program
ICR Summary of Burden
Total Request
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
50,820
50,953
0
-133
0
0
Annual Time Burden (Hours)
80,641
82,237
0
-1,596
0
0
Annual Cost Burden (Dollars)
4,887,062
4,887,062
0
0
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:
Yes
Burden Reduction Due to:
Changing Regulations
Short Statement:
In support of RIN 0651-AD84 (Discontinuation of the Accelerated Examination Program for Utility Applications (90 FR 24324)) , the USPTO is removing one IC line (Petitions to Make Special Under Accelerated Examination Program (Patent Center only)) from this information collection.
Annual Cost to Federal Government:
$220,009
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
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:
02/24/2026
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