[Federal Register Volume 79, Number 97 (Tuesday, May 20, 2014)]
[Notices]
[Pages 28900-28901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11550]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Petitions Related to Application and Reexamination
Processing Fees
ACTION: Notice.
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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.
DATES: Written comments must be submitted on or before July 21, 2014.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``0651-
0059 Patent Petitions Requiring a Fee under 37 CFR 1.17(f)--(h)
comment'' in the subject line of the message.
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 email at [email protected] with ``Paperwork'' in
the subject line.
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent and Trademark Office (USPTO) is required
by 35 U.S.C. Sec. 131 et seq. to examine an application for patent
and, when appropriate, issue a patent. Many actions taken by the USPTO
during its examination of an application for patent or for reissue of a
patent, or during its reexamination of a patent, are subject to review
by an appeal to the Board of Patent Appeals and Interferences. For
other USPTO actions, review is in the form of administrative review
obtained via submission of a petition to the USPTO. USPTO petitions
practice also provides an opportunity for a patent applicant or owner
to supply additional information that may be required in order for the
USPTO to further process an application or patent.
This collection specifically relates to petitions that must be
accompanied by the petition fees set forth in 37 CFR 1.17(f), (g), or
(h). Except for the petitions to make special under the Accelerated
Examination program, which must be submitted electronically through
EFS-Web, the USPTO's Web-based electronic filing system, the petitions
in this collection either can be submitted electronically through EFS-
Web or on paper.
II. Method of Collection
As attachments through EFS-Web when the applicant files the various
petitions. These papers can also be filed by mail, facsimile, or hand
delivery, except that the petitions to make special under the
Accelerated Examination program can only be filed through EFS-Web.
III. Data
OMB Number: 0651-0059.
Form Number(s): PTO/SB/17P, PTO/SB/23, PTO/SB/24a, PTO/SB/28 (EFS-
Web only), and PTO/SB/140.
Type of Review: Revision of a currently approved collection.
Affected Public: Business or other for profit; non-profit
institutions.
Estimated Number of Respondents: 33,119 responses per year. Of this
total, the USPTO expects that 30,569 responses will be submitted
through EFS-Web and 2,550 responses submitted on paper.
Estimated Time per Response: The USPTO estimates that it will take
approximately 5 minutes (0.08 hours) to 12 hours to complete the items
in this collection, depending on the petition. This includes time to
gather the necessary information, create the documents, and submit the
completed request to the USPTO. The USPTO calculates that, on balance,
it takes the same amount of time to gather the necessary information,
prepare the petitions and the fee transmittal form, and submit them to
the USPTO, whether the applicant submits the petition in paper form or
electronically.
[[Page 28901]]
Estimated Total Annual Respondent Burden Hours: 35,596 hours.
Estimated Total Annual Respondent Cost Burden: $ 13,832,658. The
USPTO expects that attorneys will complete all of the items in this
collection, with the exception of the petitions for requests for
documents in a form other than that provided by 37 CFR 1.19 and
petitions for express abandonment to avoid publication under 37 CFR
1.138(c). The USPTO expects that these petitions will be completed by
para-professionals. Using the professional hourly rate of $389 for
attorneys in private firms, and an hourly rate of $125 for the para-
professionals, the USPTO estimates $13,832,658 per year for total
hourly costs associated with respondents.
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Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
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Petitions (corresponding to the fee) under
37 CFR 1.17(f) include:
Petition to Accord a Filing Date under 4 hours........................... 300 1200.00
1.57(a).
Petition to Accord a Filing Date under
1.53(e)
Petition for Decision on a Question Not
Specifically Provided For
Petition to Suspend the Rules
EFS-Web Petitions (corresponding to the fee) 4 hours........................... 2,800 11200.00
under 37 CFR 1.17(f).
Petitions (corresponding to the fee) under
37 CFR 1.17(g):
Petition to Access an Assignment Record. 2 hours........................... 300 600.00
Petition for Access to an Application
Petition for Expungement and Return of
Information
Petition to Suspend Action in an
Application
EFS-Web Petitions (corresponding to the fee) 2 hours........................... 3,000 6000.00
under 37 CFR 1.17(g).
Petitions (corresponding to the fee) under
37 CFR 1.17(h):
Petition for Accepting Color Drawings or 1 hour............................ 900 900.00
Photographs.
Petition for Entry of a Model or Exhibit
Petition to Withdraw an Application from
Issue PTO/SB/140
Petition to Defer Issuance of a Patent
EFS-Web Petitions (corresponding to the fee) 1 hour............................ 8,800 8800.00
under 37 CFR 1.17(h).
Petitions for Requests for Documents in a 1 hour............................ 5 5.00
Form Other than that Provided by 37 CFR
1.19.
EFS-Web Petitions for Requests for Documents 1 hour............................ 40 40.00
in a Form Other than that Provided by 37
CFR 1.19.
Petitions to Make Special Under Accelerated 12 hours.......................... 450 5400.00
Examination Program PTO/SB/28 (EFS-Web
Only).
Petitions for Express Abandonment to Avoid 12 minutes........................ 40 8.00
Publication Under 37 CFR 1.138(c) PTO/SB/
24a.
EFS-Web Petitions for Express Abandonment to 12 minutes........................ 425 85.00
Avoid Publication Under 37 CFR 1.138(c).
Petition for Extension of Time Under 37 CFR 30 minutes........................ 5 2.50
1.136(b) PTO/SB/23.
EFS-Web Petition for Extension of Time Under 30 minutes........................ 54 27.00
37 CFR 1.136(b).
Petition Fee under 37 CFR 1.17(f), (g), and 5 minutes......................... 1,000 83.00
(h) Transmittal PTO/SB/17P.
EFS-Web Petition Fee under 37 CFR 1.17(f), 5 minutes......................... 15,000 1245.00
(g), and (h) Transmittal.
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Totals.................................. .................................. 33,119 35,596
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Estimated Total Annual Non-Hour Respondent Cost Burden: $9,950.
There are no capital start-up, operation, or maintenance costs
associated with this information collection.
The forms included in this collection do have filing fees
associated with them, but the filing fees are themselves accounted for
in another collection (0651-0072, AIA Patent Fees Adjustment) and
included as a part of this collection.
Postage constitutes the non-hourly cost burdens for this
collection. Except for the petitions to make special under the
Accelerated Examination program, which must be submitted electronically
through EFS-Web, the public may submit the petitions in this collection
to the USPTO by mail through the United States Postal Service. The
USPTO estimates that the majority of mailed submissions will be sent in
a large envelope via first class postage; rated at $3.90. The USPTO
estimates that 2,550 petitions and fee transmittal forms will be mailed
to the USPTO per year, for a total postage cost of $9,950.
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 will also become a matter of public record.
Dated: May 14, 2014.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2014-11550 Filed 5-19-14; 8:45 am]
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