[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Notices]
[Pages 18402-18403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9337]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Rules for Patent Maintenance Fees

ACTION: Proposed collection; comment request.

-----------------------------------------------------------------------

SUMMARY: The Department of Commerce (DOC), as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to comment on the continuing and 
proposed information collection, as required by the Paperwork Reduction 
Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before June 14, 1999.

ADDRESSES: Direct all written comments to Linda Engelmeier, 
Departmental Forms Clearance Officer, Department of Commerce, Room 
5033, 14th and Constitution Avenue, NW, Washington, DC 20230 or via the 
Internet (LE[email protected]).

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Robert J. Spar, Patent and 
Trademark Office, Washington, DC 20231, by telephone at (703) 305-9285.

SUPPLEMENTARY INFORMATION:

[[Page 18403]]

I. Abstract

    Maintenance fees are required to maintain a patent in force under 
Title 35 of the U.S. Code. Payments of maintenance fees are required at 
3\1/2\, 7\1/2\ and 11\1/2\ years after the grant of the patent. The 
maintenance fee provisions appear in 35 U.S.C. 41(b) and (c). A patent 
number and serial number of the patent on which maintenance fees are 
paid are required in order to insure proper crediting of such payments.
    There are forms associated with collecting maintenance fees. These 
forms are Form PTO/SB/45 (Maintenance Fee Transmittal Form), Form PTO/
SB/47 (``Fee Address'' Indication Form), Form PTO/SB/65 (Petition to 
Accept Unavoidably Delayed Payment of Maintenance Fee in an Expired 
Patent (37 CFR 1.378(b)), and Form PTO/SB/66 (Petition to Accept 
Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent 
(37 CFR 1.378(c)). The patentee uses Form PTO/SB/45 for payment of the 
maintenance fee(s) for listed patent(s), and PTO/SB/47 to indicate a 
``fee address.'' Form PTO/SB/65 is used by the applicant to petition 
the PTO to accept unavoidably delayed payment of the maintenance fee 
for an expired patent, and Form PTO/SB/66 to petition the PTO to accept 
unintentionally delayed payment of a maintenance fee for an expired 
patent. Form PTO/SB/46 (Request for Payor Number) was eliminated in 
favor of Form PTO/SB/125 (already taken into account in 0651-0035) due 
to the fact that the ``payor number'' practice was replaced with a more 
comprehensive ``customer number'' practice.

II. Method of Collection

    By mail, facsimile, and hand carry when the individual desires to 
participate in the information collection.

III. Data

    OMB Number: 0651-0016.
    Form Number(s): Forms PTO/SB/45, PTO/SB/47, PTO/SB/65, and PTO/SB/
66.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households; businesses or other 
for-profit; not-for-profit institutions; farms, state, local or tribal 
governments; and the Federal Government.
    Estimated Number of Respondents: 326,101 responses per year.
    Estimated Time Per Response: It is estimated to take approximately 
48 minutes each to complete the maintenance fee transmittal form and 
the ``fee address'' indication form. It is estimated to take 1 hour 
each to complete the unavoidable and unintentional petitions.
    Estimated Total Annual Respondent Burden Hours: 26,965 hours per 
year.
    Estimated Total Annual Respondent Cost Burden: $0 (no capital 
start-up or maintenance expenditures are required). $947,135 per year 
is estimated for salary costs associated with respondents.

----------------------------------------------------------------------------------------------------------------
                                                                                         Estimated
                                                                 Estimated time for        annual     Estimated
          Title of form                  PTO form No.                 response             burden       annual
                                                                                           hours      responses
----------------------------------------------------------------------------------------------------------------
Maintenance Fee Transmittal Form  Form PTO/SB/45...........  48 mins..................      312,150       10,405
``Fee Address'' Indication Form.  Form PTO/SB/47...........  48 mins..................      468,210       15,607
Petition to Accept Unavoidably    Form PTO/SB/65...........  1 hour...................       31,325          179
 Delayed Payment of Maintenance
 Fee in an Expired Patent (37
 CFR 1.378(b)).
Petition to Except                Form PTO/SB/66...........  1 hour...................      135,450          774
 Unintentionally Delayed Payment
 of Maintenance Fee in an
 Expired Patent (37 CFR
 1.378(c)).
                                                                                       -------------------------
    Totals......................  .........................  .........................      947,135       26,965
----------------------------------------------------------------------------------------------------------------

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information; 
(c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on respondents, e.g., the use of automated 
collection techniques or other forms of information technology.
    Comments submitted in response to this notice will be summarized or 
included in the request for OMB approval of this information 
collection; they will also become a matter of public record.

    Dated: April 7, 1999.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of the Chief Information 
Officer.
[FR Doc. 99-9337 Filed 4-13-99; 8:45 am]
BILLING CODE 3510-16-P