[Federal Register Volume 68, Number 84 (Thursday, May 1, 2003)]
[Notices]
[Pages 23287-23288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10703]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Invention Promoters/Promotion Firms Complaints

ACTION: Proposed collection; comment request.

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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 the continuing 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 30, 2003.

ADDRESSES: Direct all written comments to Susan K. Brown,Records 
Officer, Office of Data Architecture and Services, Data Administration 
Division, U.S. Patent and Trademark Office, Suite 310, 2231 Crystal 
Drive, Arlington, VA 22202; by telephone at (703) 308-7400; or by 
electronic mail at [email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Robert Oberleitner, Mail Stop 24, Commissioner 
for Patents, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 
(703) 305-8800; or by electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    Under the Inventors' Rights Act of 1999, as found in 35 U.S.C. 297 
and implemented by 37 CFR Part 4, the United States Patent and 
Trademark Office (USPTO) is required to provide a forum for the 
publication of complaints concerning invention promoters and replies 
from the invention promoters to these complaints. An individual may 
submit a complaint concerning an invention promoter to the USPTO, which 
will forward the complaint to the invention promoter for response. The 
complaints and responses will be published and made available to the 
public on the USPTO Web site. The USPTO does not investigate these 
complaints or participate in any legal proceedings against invention 
promoters or promotion firms.
    Complaints submitted to the USPTO must identify the name and 
address of the complainant and the invention promoter or promotion 
firm, explain the basis for the complaint, and include the signature of 
the complainant. The identifying information is necessary so that the 
USPTO can forward the complaint to the invention promoter or promotion 
firm and also notify the complainant that the complaint has been 
forwarded. Complainants should understand that the complaints will be 
forwarded to the invention promoter for response and that the complaint 
and response will be made available to the public as required by the 
Inventors' Rights Act. If the USPTO does not receive a response from 
the invention promoter, the complaint will still be published without 
the response. The USPTO does not accept complaints under this program 
if the complainant requests confidentiality.
    This information collection includes one paper form, Complaint 
Regarding Invention Promoter (PTO/SB/2048),

[[Page 23288]]

which is used by the public to submit a complaint under this program. 
This form is available for download from the USPTO Web site. Use of 
this form is not mandatory as long as the complaint includes the 
necessary information and is clearly marked as a complaint filed under 
the Inventors' Rights Act. There is no associated form for responses to 
the complaints.
    In September 2002, OMB approved a change worksheet that decreased 
the burden for this information collection due to the USPTO receiving 
fewer complaints and responses to the complaints than previously 
estimated. This information collection includes personal information 
that is subject to the Privacy Act of 1974.

II. Method of Collection

    By mail, facsimile, or hand delivery to the USPTO.

III. Data

    OMB Number: 0651-0044.
    Form Number(s): PTO/SB/2048.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households; businesses or other 
for-profits; and not-for-profit institutions.
    Estimated Number of Respondents: 100 responses per year.
    Estimated Time Per Response: The USPTO estimates that it will take 
the public approximately 15 minutes (0.25 hours) to gather the 
necessary information, prepare the form, and submit the complaint to 
the USPTO. The USPTO also estimates that it will take an invention 
promoter or promotion firm approximately 30 minutes (0.5 hours) to 
prepare and submit a response to a complaint.
    Estimated Total Annual Respondent Burden Hours: 38 hours per year.
    Estimated Total Annual Respondent Cost Burden: $4,790 per year. The 
USPTO expects that complaints will be prepared by paraprofessionals or 
independent inventors at an estimated rate of $30 per hour. The USPTO 
expects that the responses to the complaints will be prepared either by 
attorneys or by invention promoters. Using the average of the 
professional rate of $252 per hour for associate attorneys in private 
firms and the estimated rate of $100 per hour for invention promoters, 
the USPTO estimates that the average rate for preparing the responses 
to the complaints will be $176 per hour. Therefore, the respondent cost 
burden for this collection will be $4,790 per year.

------------------------------------------------------------------------
                                    Estimated
                                     time for    Estimated    Estimated
               Item                  response      annual       annual
                                       (in       responses      burden
                                     minutes)                   hours
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Complaint Regarding Invention               15           50           13
 Promoter........................
Responses to the Complaints......           30           50           25
                                               --------------
      Total......................  ...........          100           38
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    Estimated Total Annual Non-hour Respondent Cost Burden: $37. There 
are no capital start-up or maintenance costs or filing fees associated 
with this information collection. However, the public may incur postage 
costs when submitting a complaint or a response to a complaint by mail 
to the USPTO. The USPTO estimates that the first-class postage cost for 
a mailed complaint or response to a complaint will be 37 cents, for a 
total non-hour respondent cost burden in the form of postage costs of 
$37 per year.

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: April 24, 2003.
Susan K. Brown,
Records Officer, USPTO, Office of Data Architecture and Services, Data 
Administration Division.
[FR Doc. 03-10703 Filed 4-30-03; 8:45 am]
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