[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]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Patent Petitions Related to Application and Reexamination 
Processing Fees

ACTION: Notice.

-----------------------------------------------------------------------

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.

----------------------------------------------------------------------------------------------------------------
                                                                                     Estimated       Estimated
                    Item                         Estimated  time for  response        annual      annual  burden
                                                                                     responses         hours
----------------------------------------------------------------------------------------------------------------
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.
                                             -------------------------------------------------------------------
    Totals..................................  ..................................          33,119          35,596
----------------------------------------------------------------------------------------------------------------

    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]
BILLING CODE 3510-16-P