[Federal Register Volume 75, Number 169 (Wednesday, September 1, 2010)]
[Notices]
[Pages 53631-53632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21767]
[[Page 53631]]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Missing Parts Practice
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 this new 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 November 1,
2010.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: [email protected]. Include ``0651-
00xx Missing Parts Practice comment'' in the subject line of the
message.
Fax: 571-273-0112, marked to the attention of Susan
Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, U.S. Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450.
Federal e-Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Raul Tamayo, Legal Advisor,
Office of Patent Legal Administration, U.S. Patent and Trademark Office
(USPTO), P.O. Box 1450, Alexandria, VA 22313-1450; by telephone 571-
272-7728; or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract
In response to a number of requests to reduce the costs due one
year after filing a provisional application, the USPTO published a
Federal Register notice titled ``Request for Comments on Proposed
Change to Missing Parts Practice'' proposing a change that would
provide applicants with an extended time period to reply to a Notice to
File Missing Parts requiring certain fees in a nonprovisional
application if certain conditions were met. Based on public feedback,
the USPTO is implementing an extended missing parts pilot program which
will permit applicants to request a 12-month time period to reply to a
Notice to File Missing Parts of Nonprovisional Application to pay
certain fees. The pilot program would be scheduled to run for one year.
The extended missing parts pilot program is expected to benefit
applicants by permitting additional time to determine if patent
protection should be sought at a relatively low cost and by permitting
applicants to focus efforts on commercialization during this period.
The extended missing parts pilot program is also expected to benefit
the USPTO and the public by adding publications to the body of prior
art, and by removing from the USPTO's workload those nonprovisional
applications for which the applicants will later decide not to pursue
examination.
There is one form associated with this collection of information.
The USPTO has created PTO/SB/421, Request for Extended Missing Parts
Pilot Program, for applicants to request participation in the program.
II. Method of Collection
By mail or electronically through EFS-Web using Form PTO/SB/421 to
request participation in the extended missing parts pilot program.
III. Data
OMB Number: 0651-00xx.
Form Number(s): PTO/SB/421.
Type of Review: New information collection.
Affected Public: Business or other for profit; not-for-profit
institutions.
Estimated Number of Respondents: 10,000 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
15 minutes (0.25 hours) to gather the information, prepare the form,
and submit it to the USPTO, depending upon the complexity of the
situation. The USPTO expects that it will take the same amount of time
to complete and submit the form, whether it is mailed or submitted
electronically.
Estimated Total Annual Respondent Burden Hours: 2,500 hours.
Estimated Total Annual Respondent Cost Burden: $812,500. Using the
professional hourly rate of $325 for attorneys in private firms, the
USPTO estimates $812,500 per year for salary costs associated with
respondents.
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Estimated annual Estimated annual
Item Estimated time for response responses burden hours
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Request for Extended Missing Parts Program 15 minutes...................... 700 175
Request for Extended Missing Parts Program 15 minutes...................... 9,300 2,325
(EFS-Web).
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Totals................................ ................................ 10,000 2,500
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Estimated Total Annual Non-Hour Respondent Cost Burden: $0. There
are no capital start-up or maintenance costs associated with this
information collection. The request does not have filing or other fees
associated with it. There are postage and recordkeeping costs
associated with this form; however, these costs are covered under OMB
Control Number 0651-0032 Initial Patent Applications. Since the
requests for participation in the extended missing parts pilot program
must be filed with the nonprovisional applications, which are covered
under 0651-0032, the USPTO has concluded that the postage costs and
filing fees for these requests are part of the cost calculations for
0651-0032 and do not need to be calculated separately for this
collection.
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;
[[Page 53632]]
they will also become a matter of public record.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2010-21767 Filed 8-31-10; 8:45 am]
BILLING CODE 3510-16-P