[Federal Register Volume 78, Number 105 (Friday, May 31, 2013)]
[Notices]
[Pages 32629-32631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-12879]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Post Allowance and Refiling

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 continuing 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 July 30, 2013.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``0651-
0033 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 Raul Tamayo, Senior 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 email to [email protected]. Additional information about this 
collection is also available at http://www.reginfo.gov under 
``Information Collection Review.''

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The United States Patent and Trademark Office (USPTO) is required 
by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, 
allow applications and issue them as patents. When an application for a 
patent is allowed by the USPTO, the USPTO issues a notice of allowance 
and the applicant must pay the specified

[[Page 32630]]

issue fee (including the publication fee, if applicable) within three 
months to avoid abandonment of the application. If the appropriate fees 
are paid within the proper time period, the USPTO can then issue the 
patent. If the fees are not paid within the designated time period, the 
application is abandoned and the applicant may petition the Director to 
accept a delayed payment with a satisfactory showing that the delay was 
unavoidable or unintentional. The Petition for Revival of an 
Application for Patent Abandoned Unavoidably (Form PTO/SB/61) and the 
Petition for Revival of an Application for Patent Abandoned 
Unintentionally (Form PTO/SB/64) are approved under information 
collection 0651-0031. The rules outlining the procedures for payment of 
the issue fee and issuance of a patent are found at 37 CFR 1.18 and 
1.311-1.317.
    Chapter 25 of Title 35 U.S.C. provides for several actions that an 
applicant may take after issuance of a patent, including requesting a 
certificate of correction to correct an error or errors in the patent. 
If the USPTO determines that the request should be approved, the USPTO 
will issue a certificate of correction. For an original patent that is 
believed to be wholly or partly inoperative, the assignee(s) or 
inventor(s) may apply for reissue of the patent, which entails several 
formal requirements including an oath or declaration stating that the 
errors in the patent were not the result of any deceptive intention on 
the part of the reissue applicant. If additional errors are corrected 
after the filing of the reissue application and the original reissue 
oath/declaration, the reissue applicant must submit a supplemental oath 
or declaration stating that the additional errors also occurred without 
any deceptive intent. The rules outlining these procedures are found at 
37 CFR 1.171-1.178 and 1.322-1.325.
    The public uses this information collection to request corrections 
of errors in issued patents, to submit applications for reissue 
patents, and to submit issue fee payments. The USPTO is removing the 
fee costs associated with the information requirements in this 
collection because these fees have been moved into information 
collection 0651-0072, which was approved by OMB in January 2013 in 
conjunction with the USPTO rulemaking ``Setting and Adjusting Patent 
Fees'' (RIN 0651-AC54).

II. Method of Collection

    By mail, facsimile, hand delivery, or electronically to the USPTO.

III. Data

    OMB Number: 0651-0033.
    Form Number(s): PTO/SB/44/50/51/51S/52/53/56/141, PTO/AIA/05/06/07, 
and PTOL-85B.
    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: 352,150 responses per year. The 
USPTO estimates that approximately 25% of these responses will be from 
small entities.
    Estimated Time per Response: The USPTO estimates that it will take 
the public from 12 minutes (0.20 hours) to 5 hours to gather the 
necessary information, prepare the appropriate form or document, and 
submit the information to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 191,690 hours.
    Estimated Total Annual Respondent Cost Burden: $31,276,990. The 
USPTO expects that the information in this collection will be prepared 
by attorneys at an estimated rate of $371 per hour, except for the 
Issue Fee Transmittal, which will be prepared by paraprofessionals at 
an estimated rate of $122 per hour. Therefore, the USPTO estimates that 
the respondent cost burden for this collection will be approximately 
$31,276,990 per year.

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                                                                                     Estimated       Estimated
                     Item                         Estimated time for response         annual       annual burden
                                                                                     responses         hours
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Certificate of Correction (PTO/SB/44)........  1 hour...........................          26,000          26,000
Petition to Correct Assignee After Payment of  30 minutes.......................             750             375
 Issue Fee (37 CFR 3.81(b)) (PTO/SB/141).
Reissue Documentation........................  5 hours..........................             800           4,000
Reissue Patent Application Transmittal (PTO/   12 minutes.......................             800             160
 SB/50).
Reissue Application Declaration by the         30 minutes.......................           1,150             575
 Inventor or the Assignee (PTO/SB/51/52 and
 PTO/AIA/05/06) or Substitute Statement in
 Lieu of an Oath or Declaration for Reissue
 Patent Application (35 U.S.C. 115(d) and 37
 CFR 1.64) (PTO/AIA/07).
Supplemental Declaration for Reissue Patent    18 minutes.......................             500             150
 Application to Correct ``Errors'' Statement
 (37 CFR 1.175) (PTO/SB/51S).
Reissue Application: Consent of Assignee;      12 minutes.......................           1,350             270
 Statement of Non-assignment (PTO/SB/53).
Reissue Application Fee Transmittal Form (PTO/ 12 minutes.......................             800             160
 SB/56).
Issue Fee Transmittal (PTOL-85B).............  30 minutes.......................          50,000          25,000
Issue Fee Transmittal (electronic) (PTOL-85B)  30 minutes.......................         270,000         135,000
                                                                                 -------------------------------
    Totals...................................  .................................         352,150         191,690
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    Estimated Total Annual Non-hour Respondent Cost Burden: $48,022. 
There are no capital start-up, maintenance, or recordkeeping costs 
associated with this information collection. However, this collection 
does have annual (non-hour) costs in the form of postage costs.
    There are fees associated with the information requirements in this 
collection. These fees are covered under OMB control number 0651-0072. 
The fees are listed in the accompanying table for reference but will 
not be included in the annual (non-hour) cost burden for this 
collection.

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               Item                          Current fee amount
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Certificate of Correction (PTO/SB/ $100.00.
 44).
Petition to Correct Assignee       (large entity) 140.00.
 After Payment of Issue Fee (37    (small entity) 70.00.
 CFR 3.81(b)) (PTO/SB/141).        (micro entity) 35.00.
Reissue Documentation............  0.00.

[[Page 32631]]

 
Reissue Patent Application         0.00.
 Transmittal (PTO/SB/50).
Reissue Application Declaration    0.00.
 by the Inventor or the Assignee
 (PTO/SB/51/52 and PTO/AIA/05/06)
 or Substitute Statement in Lieu
 of an Oath or Declaration for
 Reissue Patent Application (35
 U.S.C. 115(d) and 37 CFR 1.64)
 (PTO/AIA/07).
Supplemental Declaration for       0.00.
 Reissue Patent Application to
 Correct ``Errors'' Statement (37
 CFR 1.175) (PTO/SB/51S).
Reissue Application: Consent of    0.00.
 Assignee; Statement of Non-
 assignment (PTO/SB/53).
Reissue Application Fee            (large entity) 3,040.00.
 Transmittal Form (PTO/SB/56)--    (small entity) 1,520.00.
 includes the basic filing fee     (micro entity) 760.00.
 (280 large/140 small/70 micro),
 search fee (600/300/150), and
 examination fee (2,160/1,080/
 540).
Issue Fee (utility patent, no      (large entity) 1,780.00.
 publication fee) (PTOL-85B).      (small entity) 890.00.
                                   (micro entity) 445.00.
Issue Fee (utility patent, with    (large entity) 2,080.00.
 300 publication fee) (PTOL-85B).  (small entity) 1,190.00.
                                   (micro entity) 745.00.
Issue Fee (design patent, no       (large entity) 1,020.00.
 publication fee) (PTOL-85B).      (small entity) 510.00.
                                   (micro entity) 255.00.
Issue Fee (plant patent, no        (large entity) 1,400.00.
 publication fee) (PTOL-85B).      (small entity) 700.00.
                                   (micro entity) 350.00.
Issue Fee (plant patent, with 300  (large entity) 1,700.00.
 publication fee) (PTOL-85B).      (small entity) 1,000.00.
                                   (micro entity) 650.00.
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    Customers may incur postage costs when submitting the information 
in this collection to the USPTO by mail. The USPTO estimates that the 
average first-class postage cost for a mailed submission will be 92 
cents and that approximately 52,198 submissions will be mailed to the 
USPTO per year, for a total estimated postage cost of $48,022 per year.
    The total annual (non-hour) respondent cost burden for this 
collection is estimated to be approximately $48,022 per year.

IV. Request for Comments

    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval. All comments will 
become a matter of public record.
    The USPTO is soliciting public comments to:
    (a) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility; (b) 
Evaluate the accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used; (c) Enhance the quality, utility, and 
clarity of the information to be collected; and (d) Minimize the burden 
of the collection of information on those who are to respond, including 
through the use of appropriate automated, electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.

    Dated: May 24, 2013.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2013-12879 Filed 5-30-13; 8:45 am]
BILLING CODE 3510-16-P