[Federal Register Volume 75, Number 202 (Wednesday, October 20, 2010)]
[Notices]
[Pages 64692-64694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-26376]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Green Technology Pilot Program

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 revision of a currently approved 
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 December 20, 
2010.

ADDRESSES: You may submit comments by any of the following methods:

[[Page 64693]]

     E-mail: [email protected]. Include ``0651-
0062 Green Technology Pilot Program comment'' in the subject line of 
the message.
     Fax: 571-273-0112, marked to the attention of Susan K. 
Fawcett.
     Mail: Susan K. Fawcett, Records Officer, Office of the 
Chief Information Officer, United States Patent and Trademark Office, 
P.O. Box 1450, Alexandria, VA 22313-1450.
     Federal Rulemaking Portal: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Raul Tamayo, Legal Advisor, Office of Patent 
Legal Administration, United States Patent and Trademark Office, P.O. 
Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or 
by e-mail to [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    The United States Patent and Trademark Office (USPTO) implemented a 
pilot program on December 8, 2009, that permits patent applications 
pertaining to green technologies, including greenhouse gas reduction, 
to be advanced out of turn for examination and reviewed earlier 
(accorded special status). The program is designed to promote the 
development of green technologies. Participation was previously limited 
to applications filed before December 8, 2009. The USPTO is expanding 
the eligibility for the pilot program to include applications filed on 
or after December 8, 2009. The program is also being extended until 
December 31, 2011. These changes will permit more applications to 
qualify for the program, thereby allowing more inventions related to 
green technologies to be advanced out of turn for examination and 
reviewed earlier. Applicants may participate in the green technology 
pilot program without meeting the current requirements of the 
accelerated examination program. The accelerated examination program is 
covered under OMB Control Number 0651-0031.
    This pilot will support national and international green technology 
initiatives.

II. Method of Collection

    Electronically using the USPTO online filing system EFS-Web.

III. Data

    OMB Number: 0651-0062.
    Form Number(s): PTO/SB/420.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals or households; businesses or other 
for-profits; and not-for-profit institutions.
    Estimated Number of Respondents: 2,225 responses per year.
    Estimated Time Per Response: The USPTO estimates that it will take 
the public between 1 hour and 10 hours to gather the necessary 
information, prepare the appropriate form or other documents, and 
submit the information to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 3,850 hours per 
year.
    Estimated Total Annual Respondent Cost Burden: $1,251,250 per year. 
The USPTO expects that the information in this collection will be 
prepared by attorneys. Using the professional rate of $325 per hour for 
attorneys in private firms, the USPTO estimates that the respondent 
cost burden for this collection will be approximately $1,251,250 per 
year.

------------------------------------------------------------------------
                                                              Estimated
                                Estimated time   Estimated      annual
             Item                for response      annual       burden
                                                 responses      hours
------------------------------------------------------------------------
Request for Green Technology   1 hour.........        2,000        2,000
 Pilot Program (PTO/SB/420).
Protests by the public         10 hours.......           65          650
 against pending applications
 under 37 CFR 1.291.
Third-party submissions in     7.5 hours......          160        1,200
 published applications under
 37 CFR 1.99.
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
    Total....................  ...............        2,225        3,850
------------------------------------------------------------------------

    Estimated Total Annual Non-hour Respondent Cost Burden: $36,410 per 
year. There are no capital start-up or maintenance costs associated 
with this information collection. However, this collection does have 
record keeping costs and filing fees for the second or subsequent 
protest filed by the same real party in interest and for a third-party 
submission under 37 CFR 1.99.
    When submitting the information in this collection to the USPTO 
electronically through EFS-Web, the applicant is strongly urged to 
retain a copy of the file submitted to the USPTO as evidence of 
authenticity in addition to keeping the acknowledgment receipt as clear 
evidence of the date the file was received by the USPTO. The USPTO 
estimates that it will take 2 minutes (0.03 hours) to print and retain 
a copy of the EFS-Web submissions and that approximately 2,225 
submissions per year will be submitted electronically, for a total of 
approximately 67 hours per year for printing this receipt. Using the 
paraprofessional rate of $100 per hour, the USPTO estimates that the 
record keeping cost associated with this collection will be 
approximately $6,700 per year.
    There is no fee for filing protests under 37 CFR 1.291 unless the 
filed protest is the second or subsequent protest by the same real 
party in interest, in which case the 37 CFR 1.17(i) fee of $130 must be 
included (the USPTO estimates 7 of the 65 protests filed per year will 
trigger this fee). Third-party submissions under 37 CFR 1.99 must 
include the 37 CFR 1.17(p) fee of $180. The USPTO estimates that the 
total fees associated with this collection will be approximately 
$29,710 per year.
    The total non-hour respondent cost burden for this collection in 
the form of record keeping costs ($6,700) and filing fees ($29,710) is 
approximately $36,410 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.


[[Page 64694]]


    Dated: October 14, 2010.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2010-26376 Filed 10-19-10; 8:45 am]
BILLING CODE 3510-16-P