[Federal Register Volume 64, Number 99 (Monday, May 24, 1999)]
[Notices]
[Pages 27967-27968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13008]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Requirements for Patent Applications Containing Nucleotide 
Sequence and/or Amino Acid Sequence Disclosures

ACTION: Proposed collection; comment request.

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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, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before July 23, 1999.

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

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Esther M. Kepplinger, Director, 
Technology Center 1750/1760, Comments-Patents, Assistant Commissioner 
for Patents, Washington, DC 20231, by telephone at (703) 308-1495, or 
by facsimile transmission to (703) 305-3599.

SUPPLEMENTARY INFORMATION:

I. Abstract

    This information collection is required by 37 CFR 1.821-1.825. 
These rules require the use of a standard format for patent applicants 
to describe the nucleotide and amino acid sequence data within their 
patent applications, which is consistent with World Intellectual 
Property Organization (WIPO) Standard ST.25 (effective July 1, 1998). 
See Requirements for Patent Applications Containing Nucleotide Sequence 
and/or Amino Acid Disclosures; Final Rule Notice, 63 FR 29620 (June 1, 
1998). Under this standard format, sequence listings are presented in 
an international, language neutral format using numeric identifiers 
rather than the former subject headings.
    The Patent and Trademark Office (PTO) uses this sequence listing 
information in a variety of ways. It enables the PTO to effectively 
examine the nucleotide and amino acid sequences and to process the data 
more efficiently. The PTO also uses the data after examination to 
support publication of issued patents. The PTO also uses the sequences 
during participation with the European and Japanese Patent Offices in a 
Trilateral Sequence Exchange Project, thereby facilitating the 
international exchange of published sequence data. After patent 
publication, the public and the bar associations can search the 
nucleotide/amino acid sequence listings. Applicants also use the 
sequence data when preparing both national and international patent 
applications.

[[Page 27968]]

    At this time, nucleotide and amino acid sequence data is submitted 
to the PTO in both paper and computer readable form. However, the PTO 
has determined that the computer readable form is more useful to both 
the public and the PTO for searching patent applications to determine 
patentability and for printing granted patents. The rules governing the 
nucleotide and amino acid sequence listings were established to 
overcome the lack of uniformity of properly searching and examining 
sequences submitted only in paper form. The collection of this 
information in computer readable form greatly facilitates the work of 
the PTO. In order to ensure that the paper and computer readable 
formats are the same, 37 CFR 1.821 (Nucleotide and/or amino acid 
sequence disclosures in patent applications) states that in addition to 
the paper copy and the computer readable form, a statement verifying 
that the content of the paper and computer readable copies are the same 
must be submitted with the computer readable copy. On October 5, 1998, 
the PTO published an Advance Notice of Proposed Rulemaking for Changes 
to Implement the Patent Business Goals. See Changes to Implement the 
Patent Business Goals; Advance Notice of Proposed Rulemaking, 63 FR 
53497 (October 5, 1998). One of the proposals being considered by the 
PTO will permit applicants to file sequence listings only on an 
electronic medium (i.e., without a paper copy). See Changes to 
Implement the Patent Business Goals, 63 FR at 53510-12.

II. Method of Collection

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

III. Data

    OMB Number: 0651-0024.
    Form Number(s): There are no forms associated with this collection.
    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: 5,600 responses per year.
    Estimated Time Per Response: It is estimated to take approximately 
80 minutes to create a nucleotide/amino acid sequence listing.
    Estimated Total Annual Respondent Burden Hours: 7470 hours per 
year.
    Estimated Total Annual Respondent Cost Burden: $0 (no capital 
start-up or maintenance expenditures are required). Using an hourly 
rate of $25.00 per hour for a para-professional/clerical worker, the 
PTO estimates $186,750 per year for salary costs associated with 
respondents.

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                                                                                     Estimated       Estimated
                            Function                              Estimated time   annual burden      annual
                                                                   for response        hours         responses
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Sequence Listing in Application.................................            1.33            7448            5600
                                                                 -----------------------------------------------
    Total.......................................................  ..............            7448            5600
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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 shall 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: May 18, 1999.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of the Chief Information 
Officer.
[FR Doc. 99-13008 Filed 5-21-99; 8:45 am]
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