[Federal Register Volume 65, Number 54 (Monday, March 20, 2000)]
[Notices]
[Pages 14948-14949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6764]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Electronic Filing System (EFS) Pilot
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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before May 19, 2000.
ADDRESSES: Direct all written comments to Linda Engelmeier,
Departmental Forms Clearance Officer, Department of Commerce, Room
5027, 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 Diane Lewis, EFS Project Staff,
Search Information Resources Administration, Arlington, VA 22202, by
telephone at (703) 305-9892, or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract
The Patent and Trademark Office (PTO) has started a pilot program
that enables applicants to expand upon the use of the Electronic Filing
System (EFS) to file new utility patent applications electronically via
the Internet. The EFS pilot program is currently limited to nine
participants, however, the PTO expects to increase participation in
August 2000. Electronic filing under this pilot is currently limited to
new utility patent applications. Once the PTO moves into production,
the electronic filing capability will be expanded to include filings of
additional information after the initial filing of the new utility
patent application. The PTO plans to put EFS into full production no
later than February 2001.
In order to file a new utility patent application through the EFS,
the applicant uses two different components--the EFS Specification
Authoring Template and the electronic Packaging and Validation Engine
(ePAVE). The authoring template enables the applicant to create an
electronically tagged patent application specification document that is
one part of a new utility patent application. The ePAVE desktop
software enables applicants to author information related to the
submission of a new utility patent application, as well as securely
bundle and transmit all new patent application parts and information to
the PTO via the Internet. The EFS Specification Authoring Template
facilitates the authoring of the narrative that discloses the technical
description of the invention. The template does not produce a form
document, but rather a multi-line electronic document with tagged
elements that may or may not have drawings. The template creates the
XML tags that are necessary for the electronic document to be filed
using the Internet and ensures that all of the information needed to
process the application is provided by the applicant.
The EFS Specification Authoring Template allows the applicant to
create a structured, extensible Mark-up Language (XML) tagged
specification document using a commercially available word processing
package. This document may also contain one or more TIFF (tagged image
file format) files containing the scanned image of the drawing
figure(s), oaths or declarations, and small entity statements.
The ePAVE software transmits the documents created by the EFS
Specification Authoring Template to the PTO via the Internet. The ePAVE
software enables the applicant to create the rest of the information
required for a new utility patent application submission. The applicant
attaches the XML-tagged specification document file and TIFF images
(e.g. declaration, drawings) and creates an XML fee transmittal
document that calculates the filing fees. The ePAVE software captures
the applicant's signature, validates the submission, confirms with the
applicant that the submission is correct, uploads it to the PTO, and
sends an Acknowledgment Screen. The ePAVE software saves a copy of all
of the electronic files associated with the electronic filing of a new
utility patent application. The ePAVE software compresses the
electronic files prior to transmission to the PTO, so filers do not
need to compress their files when submitting applications via the
Internet using EFS.
The PTO will not accept executable files (.exe) as part of an
application filed electronically through the Internet. In order to use
EFS to file the utility patent applications, applicants must have a
digital certificate. Applicants can obtain an application for a digital
certificate through the PTO Electronic Business Center website, http://
pto-ebc.uspto.gov. Currently, applications in the biotechnology arts,
design patent applications, provisional applications, and those
involving color are not suitable for filing. Applicants do not have to
use the EFS Specification Authoring Template to create specification
documents, but if they plan on using EFS to file a new utility patent
application, they must use the authoring template.
II. Method of Collection
Electronically through the ePAVE software via the Internet.
III. Data
OMB Number: None.
Form Number: None.
Type of Review: New collection.
Affected Public: Individuals or households; businesses or other
for-profit organizations; not-for-profit institutions; farms; state,
local or tribal governments; and the Federal Government.
Estimated Number of Respondents: The PTO estimates that 30,000 new
utility patent applications will be filed electronically via the
Internet per year once EFS moves into full production. At this time,
participation in the pilot is limited to nine participants. In August,
the PTO plans to steadily increase the participation in the pilot to a
wider audience.
Estimated Time Per Response: It is estimated to take approximately
13.25 hours to read the instructions and the user guide, gather the
necessary data, complete, and submit a new utility patent application
using the EFS
[[Page 14949]]
Specification Authoring Template and ePAVE. This includes 10.75 hours
to gather the information, read the instructions and user guides, and
prepare the specification document using the EFS Specification
Authoring Template, and 2.5 hours for tagging the elements and
submitting the application electronically.
Estimated Total Annual Burden Hours: 397,500 hours per year.
Estimated Total Annual Cost Burden: The PTO provides the EFS
specification authoring template and ePAVE software to the customer.
However, some participants have voluntarily purchased a word processing
license or upgrade to their word processing package to take full
advantage of the authoring template. In light of this, the PTO
estimates a possible capital start-up cost ranging from $100 to $200.
The PTO has determined from the pilot that a mix of attorneys and
paraprofessional clerical personnel have been creating and submitting
the new utility patent applications using EFS. Using the average of the
professional hourly rate for associate attorneys in private firms
($175) and paraprofessional/clerical ($30), the PTO estimates
$40,942,500 for salary costs associated with respondents.
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Estimated
Estimated annual Estimated
Format/data entry screens PTO form number time for burden annual
response hours responses
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EFS Pilot Specification Authoring Template No Forms Associated.......... 10.75 397,500 30,000
ePAVE..................................... ............................. 2.5
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Totals................................ ............................. ........... 397,500 30,000
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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 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, 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: March 14, 2000.
Madeleine Clayton,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. 00-6764 Filed 3&-17&-00; 8:45 am]
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