[Federal Register Volume 65, Number 150 (Thursday, August 3, 2000)]
[Notices]
[Pages 47717-47718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19589]


=======================================================================
-----------------------------------------------------------------------

UNITED STATES PATENT AND TRADEMARK OFFICE


Deposit of Biological Materials

ACTION: Proposed collection; comment request.

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

SUMMARY: The United States Patent and Trademark Office (USPTO), as part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public and other Federal agencies to take this 
opportunity to comment on proposed and/or continuing information 
collections, 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 October 2, 2000.

ADDRESSES: Direct all written comments to Thao P. Nguyen, Acting 
Records Officer, Office of Data Management, Data Administration 
Division, (703) 308-7397, USPTO, Suite 310, 2231 Crystal Drive, 
Washington, DC 20231.

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

SUPPLEMENTARY INFORMATION:

I. Abstract

    This collection is required by 35 USC 2(b) and 37 CFR Ch. 1, 
Subpart G, 1.801-809. Every patent must contain a description of the 
invention sufficient to enable a person (knowledgeable in the relevant 
science) to make and use the invention as required by 35 USC 112, first 
paragraph. When the invention involves a biological material, sometimes 
words alone cannot sufficiently describe how to make and use the 
invention in a reproducible or repeatable manner. In such cases, the 
required biological material must either be known and readily (and 
continually) available, or be deposited in a suitable depository to 
meet the enablement and written description requirements of 35 USC 112, 
first paragraph. When a deposit is necessary, the USPTO collects 
information to determine whether the depositor is in compliance with 
the patent statute. This includes a statement proving notification to 
the interested public on where to obtain samples of the deposits. A 
viability statement showing that the biological material was tested by 
the depository, and is a viable or acceptable deposit, must also be 
submitted to the USPTO.

II. Method of Collection

    By mail, facsimile, or hand carry when the applicant or agent files 
a patent application with the United States Patent and Trademark Office 
(USPTO) or submits subsequent papers during the prosecution of the 
application to the USPTO.

III. Data

    OMB Number: 0651-0022.
    Form Number: N/A.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or Households, Business or Other Non-
Profit, Not-For-Profit Institutions, and the Federal Government.
    Estimated Number of Respondents: 3,300 per year for deposited 
materials and 0.25 per year for depository approval.
    Estimated Time Per Response: One hour per application for deposited 
materials and five hours per application for depository approval.
    Estimated Total Annual Respondent Burden Hours: 3,301 hours per 
year.
    Estimated Total Annual Respondent Cost Burden: $99,218.75 per year 
to submit the information to the USPTO. Additionally, depositories 
charge fees to depositors; all depositories charge about the same rates 
for their services. For example, the American Type Culture Collection 
(ATCC), one of the

[[Page 47718]]

recognized patent depositories, charges $1,100 for storage and 
informing, and $150 for viability testing of microorganisms.

----------------------------------------------------------------------------------------------------------------
                                                                  Estimated time     Estimated       Estimated
                              Item                                 for response    annual burden      annual
                                                                     in hours          hours         responses
----------------------------------------------------------------------------------------------------------------
Deposited Materials.............................................               1           3,300           3,300
Depository Approval.............................................               5            1.25            0.25
                                                                 -----------------------------------------------
    Total.......................................................  ..............           3,301           3,301
----------------------------------------------------------------------------------------------------------------

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 also will become a matter of public record.

    Dated: July 28, 2000.
Thao P. Nguyen,
Acting Records Officer, USPTO, Office of Data Management, Data 
Administration Division.
[FR Doc. 00-19589, Filed 8-2-00; 8:45 am]
BILLING CODE: 3510-16-P