[Federal Register Volume 65, Number 246 (Thursday, December 21, 2000)]
[Notices]
[Pages 80420-80421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32445]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Submission for OMB Review; Comment Request

    The United States Patent and Trademark Office (USPTO) has submitted 
to the Office of Management and Budget (OMB) for clearance the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Agency: United States Patent and Trademark Office (USPTO).
    Title: Legal Processes.
    Form Numbers: None.
    Agency Approval Number: 0651-00XX.

[[Page 80421]]

    Type of Request: New Collection.
    Burden: 28.2 hours.
    Number of Respondents: 187 responses.
    Avg. Hours Per Response: The USPTO estimates that it takes an 
average of 30 minutes to gather, prepare, and submit petitions to waive 
rules and requests, demands, or subpoenas for employee testimony or 
production of documents. It is also estimated to take 30 minutes to 
report unauthorized testimony and possible cases for indemnification to 
the Office of General Counsel. Additionally, the USPTO estimates that 
it takes an average of five minutes to ensure that a service of process 
has been properly served and ten minutes to ensure that the service of 
process or demands for employee testimony or documentation are 
forwarded to the proper authorities. Furthermore, it is estimated that 
it takes an average of one hour to request indemnification and to 
gather, prepare, and submit a claim under the Federal Tort Claims Act.
    Needs and Uses: This collection of information supports a proposed 
rulemaking entitled ``Legal Processes.'' This information collection 
covers the public and current and former USPTO employees. The USPTO 
believes that the number of responses received from both current and 
former employees will be very small. The number of responses from the 
public is also expected to be very small except for the service of 
process. In the case of service of process, the principal effect of the 
rule is to provide an address for service. There are no forms 
associated with any of the information requirements contained in this 
collection. The public and current or former USPTO employees use this 
information collection as appropriate to petition the General Counsel 
to either waive or suspend a rule; to forward or receive summons; to 
seek testimony or documentation; to request employee indemnification; 
to report unauthorized testimony or possible indemnification cases; and 
to file a claim under the Federal Tort Claims Act. The USPTO uses the 
collected information to ensure that the proper procedures have been 
followed. The USPTO also uses this information to ensure that the 
release of testimony or documentation is authorized; to review the 
demands and claims filed; to determine whether the legal process rules 
can be suspended; to grant indemnification; and to determine whether 
the agency should settle or deny a claim filed under the Federal Torts 
Claim Act.
    Affected Public: Individuals or households, businesses or other 
for-profit, not-for-profit institutions, farms, Federal government, and 
state, local or tribal government.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: David Rostker, (202) 395-3897.
    Copies of the above information collection proposal can be obtained 
by calling or writing Susan Brown, Records Officer, Data Administration 
Division, Office of Data Management, United States Patent and Trademark 
Office, Crystal Park 3, 3rd Floor, Suite 310, Washington, DC, 20231, by 
phone at (703) 308-7400, or via the Internet at [email protected].
    Written comments and recommendations for the proposed information 
collection should be sent within 30 days of publication to David 
Rostker, OMB Desk Officer, Room 10236, New Executive Office Building, 
725 17th Street, NW., Washington, DC 20503.

    Dated: December 11, 2000.
Susan K. Brown,
Records Officer, Data Administration Division, Office of Data 
Management.
[FR Doc. 00-32445 Filed 12-20-00; 8:45 am]
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