[Federal Register Volume 78, Number 101 (Friday, May 24, 2013)]
[Notices]
[Pages 31551-31552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12348]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[Docket 2012-0076; Sequence 35; OMB Control No. 9000-0095]


Federal Acquisition Regulation; Submission for OMB Review; 
Commerce Patent Regulations

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for comments regarding the extension of a 
previously existing OMB clearance.

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SUMMARY: Under the provisions of the Paperwork Reduction Act, 
Regulatory Secretariat will be submitting to the Office of Management 
and Budget (OMB) a request to review and approve an extension of a 
previously approved information collection requirement concerning 
Department of Commerce patent regulations. A notice was published in 
Federal Register at 77 FR 43082, on July 23, 2012. One respondent 
submitted comments.

DATES: Submit comments on or before June 24, 2013.

ADDRESSES: Submit comments identified by Information Collection 9000-
0095, Commerce Patent Regulations, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching the OMB 
control number. Select the link ``Submit a Comment'' that corresponds 
with ``Information Collection 9000-0095, Commerce Patent Regulations.'' 
Follow the instructions provided at the ``Submit a Comment'' screen. 
Please include your name, company name (if any), and ``Information 
Collection 9000-0095, Commerce Patent Regulations'' on your attached 
document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1275 First Street NE., Washington, DC 20417. ATTN: 
Hada Flowers/IC 9000-0095, Commerce Patent Regulations.
    Instructions: Please submit comments only and cite Information 
Collection 9000-0095, Commerce Patent Regulations, in all 
correspondence related to this collection. All comments received will 
be posted without change to http://www.regulations.gov, including any 
personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst, 
Office of Governmentwide Acquisition Policy, GSA, (202) 501-0650 or 
email [email protected].

SUPPLEMENTARY INFORMATION:

A. Purpose

    FAR Subpart 27.3, Patents Rights under Government Contracts, 
implements the Department of Commerce regulation (37 CFR 401) based on 
chapter 18 of title 35 U.S.C., Presidential Memorandum on Government 
Patent Policy to the Heads of Executive Departments and Agencies, dated 
February 18, 1983, and Executive Order 12591, Facilitating Access to 
Science and Technology, dated April 10, 1987. Under the subpart, a 
contracting officer may insert clauses 52.227-11, Patent Rights--
Ownership by the Contractor, or 52.227-13, Patent Rights--Ownership by 
the Government, in solicitations and contracts pertaining to inventions 
made in the performance of experimental, developmental, or research 
work.
    In accordance with the clauses, a Government contractor must report 
all subject inventions to the contracting officer, submit a disclosure 
of the invention, and identify any publication, or sale, or public use 
of the invention (52.227-11(c), 52.227-13(e)(1)). The contracting 
officer may modify 52.227-11(e) or otherwise supplement the clause to 
require contractors to submit periodic or interim and final reports 
listing subject inventions (27.303(b)(2)(i) and (ii)). In order to 
ensure that subject inventions are reported, the contractor is required 
to establish and maintain effective procedures for identifying and 
disclosing subject inventions (52.227-11, Alternate IV; 52.227-
13(e)(1)). In addition, the contractor must require his employees, by 
written agreements, to disclose subject inventions (52.227-11(e)(2); 
52.227-13(e)(4)). The contractor also has an obligation to utilize the 
subject invention, and agree to report, upon request, the utilization 
or efforts to utilize the subject invention (27.302(e); 52.227-11(f)).

B. Discussion and Analysis

    One respondent submitted public comments on the extension of the 
previously approved information collection. The analysis of public 
comments is summarized as follows:
    Comment: The respondent commented that the extension of the 
information collection would violate the fundamental purposes of the 
Paperwork Reduction Act because of the burden it puts on the entity 
submitting the information and the agency collecting the information.
    Response: In accordance with the Paperwork Required Act (PRA), 
agencies can request an OMB approval of an existing information 
collection. The PRA requires that agencies use the Federal Register 
notice and comment process, to extend the OMB's approval, at least 
every three years. This extension, to a previously approved information 
collection, pertains to the requirements of FAR clauses 52.227-11, 
Patent Rights--Ownership by the Contractor, or
    52.227-13, Patent Rights--Ownership by the Government. The 
information is used, among other things to: (1) Encourage maximum 
participation of industry in federally supported research and 
development efforts; (2) Ensure that these inventions are used in a 
manner to promote free competition and enterprise without unduly 
encumbering future research and discovery; (3) Promote the 
commercialization and public availability of the inventions made in the 
United States by United States industry and labor; (4) Ensure that the 
Government obtains sufficient rights in federally supported inventions 
to meet the needs of the Government and protect the public against 
nonuse or unreasonable use of inventions; and (5) Minimize the costs of 
administering patent policies.
    Comment: The respondent commented that the agency did not 
accurately estimate the public burden challenging that the agency's 
methodology for calculating it is insufficient and inadequate and does 
not reflect the total burden. For this reason, the respondent provided 
that the agency should reassess the total burden hours and revise the 
estimate upwards to be more accurate, as was done in FAR Case 2007-006. 
The same respondent also provided that the burden of compliance with 
the agency's information collection requirement greatly exceeds the 
agency's estimate

[[Page 31552]]

and outweighs any potential utility of the extension.
    The respondent indicated that the number of annual respondents is 
understated and that the number of respondents is likely at least ten 
to twenty higher than the Government's estimate of 1200 annual 
respondents. The commenter also indicated that the number of responses 
per year was significantly understated at 10 such responses per year 
and that it would take more than four hours to comply with the 
requirements contained herein.
    Response: Serious consideration is given, during the open comment 
period, to all comments received and adjustments are made to the 
paperwork burden estimate based on reasonable considerations provided 
by the public. This is evidenced, as the respondent notes, in FAR Case 
2007-006 where an adjustment was made from the total preparation hours 
from three to 60. This change was made considering particularly the 
hours that would be required for review within the company, prior to 
release to the Government.
    The burden is prepared taking into consideration the necessary 
criteria in OMB guidance for estimating the paperwork burden put on the 
entity submitting the information. For example, consideration is given 
to an entity reviewing instructions; using technology to collect, 
process, and disclose information; adjusting existing practices to 
comply with requirements; searching data sources; completing and 
reviewing the response; and transmitting or disclosing information. The 
estimated burden hours for a collection are based on an average between 
the hours that a simple disclosure by a very small business might 
require and the much higher numbers that might be required for a very 
complex disclosure by a major corporation. Also, the estimated burden 
hours should only include projected hours for those actions which a 
company would not undertake in the normal course of business. Careful 
consideration went into assessing the estimated burden hours for this 
collection.
    A comprehensive re-evaluation of the burden associated with this 
collection has resulted in an upward adjustment in the estimated total 
annual burden hours from 45,630 to 57,352. The review was conducted by 
the Government's experts in patent regulations and the Department of 
Commerce patent regulation processes. As a result of the review, the 
burden hours were increased by over 25%. The recommended increase by 
the respondent was not supported by the review. A more detailed 
breakdown of the review is included in the supporting statement for 
this collection.
    At any point, members of the public may submit comments for further 
consideration, and are encouraged to provide data to support their 
request for an adjustment.

C. Annual Reporting Burden

    Respondents: 3759.
    Responses per Respondent: 3.8143.
    Total Responses: 14,338.
    Hours per Response: 4.0.
    Total Burden Hours: 57,352.
    Obtaining Copies of Proposals: Requesters may obtain a copy of the 
information collection documents from the General Services 
Administration (GSA), Regulatory Secretariat (MVCB), 1275 First Street 
NE., Washington, DC 20417, telephone (202) 501-4755. Please cite OMB 
Control No. 9000-0095, Commerce Patent Regulations, in all 
correspondence.

    Dated: May 17, 2013.
William Clark,
Acting Director, Federal Acquisition Policy Division, Office of 
Governmentwide Acquisition Policy, Office of Acquisition Policy, Office 
of Governmentwide Policy.
[FR Doc. 2013-12348 Filed 5-23-13; 8:45 am]
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