[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Notices]
[Pages 73452-73453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29637]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Grace Period Study
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 February 8,
2013.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``0651-
00xx Grace Period Study comment'' in the subject line of the message.
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 the attention of Jim Moore, Attorney Advisor,
Office of Governmental Affairs, United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-
272-5661; or by email to [email protected] with ``Paperwork'' in
the subject line.
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States' grace period, which permits exceptions to
absolute novelty, figures centrally in the international discourse on
patent law harmonization. The grace period allows individuals to
improve upon their ideas by sharing them with the research and business
communities without jeopardizing their intellectual property interests.
Many European countries, however, lack adequate grace periods. The
consequences of this are not fully understood. Few studies in the past
ten years have dealt with the grace period, and none of them have
quantified the effects of premature disclosure on researchers' failure
to apply for or receive patents. To study this issue, the USPTO plans
to conduct a study to estimate the commercial opportunities lost as a
result of the lack of grace periods.
As part of this study, the USPTO plans to survey European
scientific researchers from select European research institutions. The
results from this USPTO-sponsored study would provide current,
quantitative data on the effects of the premature disclosure on
European patenting. The data collected from the survey can be used to
estimate the value of lost commercial opportunities in Europe due to
the lack
[[Page 73453]]
of grace periods for these patents. This study would support the
USPTO's efforts to be a leader on intellectual property matters
internationally and to promote efficiency and cooperation in the global
patent system.
The USPTO plans to survey scientific researchers affiliated with
select European universities who have published journal articles
disclosing potentially patentable materials during a five year period.
The universities will be selected from the Times Higher Education
university rankings for specific, patent-intensive research areas.
The USPTO envisions that the respondents will be surveyed only
once. The survey may be distributed in waves for convenience.
The Grace Period Study survey will be an electronic survey. The
cover letter that will be distributed with the survey will reference
the journal article used to identify the respondent, explain why the
USPTO is conducting the survey, explain that the responses will be kept
confidential, and provide instructions on how to access the survey.
Pre-response and reminder letters, in addition to a brief non-response
follow-up for a small sample of nonrespondents, will be used to
encourage response from the sample members.
This is a voluntary survey and all responses will remain
confidential. The collected data will not be linked to the respondent
and contact information that is used for sampling purposes will be
maintained in a separate file from the quantitative data. Respondents
are not required to provide any identifying information such as their
name, address, or Social Security Number. In order to access and
complete the online survey, respondents will need to use a username,
password, and survey ID number.
II. Method of Collection
Electronically over the Internet through a secure, third-party
survey distributor using access information supplied by IIPI.
III. Data
OMB Number: 0651-00xx.
Form Number(s): No form numbers.
Type of Review: New information collection.
Affected Public: Businesses or other for-profits and non-profit
institutions.
Estimated Number of Respondents: 420 responses per year. The USPTO
estimates that no responses will be received from small entities. Out
of a sample size of 3,000, the USPTO estimates that 420 completed
surveys will be received, for a response rate of 14%. This estimate is
based on the response rate of a similar survey of German researchers
conducted by the German Ministry for Education and Research (BMBF).
Estimated Time per Response: The USPTO estimates that it will take
approximately 10 minutes (0.17 hours) to complete this survey. This
estimated time includes reading the instructions for the survey,
gathering the necessary information, completing the survey, and
submitting it to the USPTO.
Estimated Total Annual Respondent Burden Hours: 71 hours.
Estimated Total Annual Respondent Cost Burden: $3,287. The USPTO
estimates that scientists will be completing these surveys and that
their hourly rate will be comparable to the hourly rate for scientists
in the United States. Using the hourly mean rate of $46.29 from the
U.S. Bureau of Labor Statistics for physical scientists and others, the
USPTO estimates $3,287 per year for the respondent cost burden for this
collection.
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Estimated time Estimated Estimated
Item for response annual annual burden
(min) responses hours
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Grace Period Study Survey....................................... 10 420 71
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Totals...................................................... .............. 420 71
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Estimated Total Annual Non-hour Respondent Cost Burden: $0. There
are no annual (non-hour) costs for this information collection. The
USPTO covers the costs of all survey materials.
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: December 4, 2012.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2012-29637 Filed 12-7-12; 8:45 am]
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