[Federal Register Volume 69, Number 154 (Wednesday, August 11, 2004)]
[Notices]
[Page 48846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18329]


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DEPARTMENT OF COMMERCE

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: Patent Term Extension.
    Form Number(s): None.
    Agency Approval Number: 0651-0020.
    Type of Request: Extension of a currently approved collection.
    Burden: 30,905 hours annually.
    Number of Respondents: 26,859 responses per year.
    Avg. Hours Per Response: The USPTO estimates that it will take the 
public between 1 to 25 hours, depending on the complexity of the 
situation, to gather the necessary information, prepare the appropriate 
documents, and submit the applications, petitions, and requests 
associated with patent term extensions and patent term adjustments to 
the USPTO.
    Needs and Uses: The Federal Food, Drug and Cosmetic Act at 35 
U.S.C. 156 permits the USPTO to restore the patent term lost due to 
certain types of regulatory review by the Federal Food and Drug 
Administration or the Department of Agriculture. Only patents for drug 
products, medical devices, food additives, and color additives are 
eligible for an extension, which may be a maximum of five years. In 
some cases the USPTO may also extend the term of an original patent due 
to delays in the prosecution of the patent application. The provisions 
of 35 U.S.C. 154(b) require the USPTO to notify the applicant of the 
patent term adjustment in the notice of allowance and give the 
applicant an opportunity to request reconsideration of the USPTO's 
patent term adjustment determination. The USPTO administers 35 U.S.C. 
154 and 156 through 37 CFR subpart F (1.701-1.791).
    The public uses this information collection to file requests 
related to patent term extensions and petitions for reconsideration or 
reinstatement of patent term adjustments. This information is used by 
the USPTO to consider whether an applicant is eligible for a patent 
term extension or reconsideration of a patent term adjustment and, if 
so, to determine the length of the patent term extension or adjustment. 
There are no forms associated with this collection.
    Affected Public: Individuals or households, businesses or other 
for-profits, not-for-profit institutions, farms, the Federal 
government, and State, local or tribal governments.
    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 any of the following methods:
     E-mail: [email protected]. Include ``0651-0020 copy 
request'' in the subject line of the message.
     Fax: 703-308-7407, marked to the attention of Susan Brown.
     Mail: Susan K. Brown, Records Officer, Office of the Chief 
Information Officer, Office of Data Architecture and Services, Data 
Administration Division, U.S. Patent and Trademark Office, P.O. Box 
1450, Alexandria, VA 22313-1450.
    Written comments and recommendations for the proposed information 
collection should be sent on or before September 10, 2004, to David 
Rostker, OMB Desk Officer, Room 10202, New Executive Office Building, 
725 17th Street, NW., Washington, DC 20503.

    Dated: August 5, 2004.
Susan K. Brown,
Records Officer, USPTO, Office of the Chief Information Officer, Office 
of Data Architecture and Services, Data Administration Division.
[FR Doc. 04-18329 Filed 8-10-04; 8:45 am]
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