[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 14941-14943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06461]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Patent Reexaminations

AGENCY: United States Patent and Trademark Office, Commerce.

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 comment on 
proposed and/or continuing information collections, 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 May 19, 2015.

ADDRESSES: Written comments may be submitted by any of the following 
methods:
     Email: [email protected]. Include ``0651-
0064 Patent Reexaminations'' in the subject line of the message.
     Mail: Marcie Lovett, Records Management Division Director, 
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] with ``Paperwork'' in the subject 
line. 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. Chapter 30 of Title 35 
U.S.C. provides that any person at any time may file a request for 
reexamination by the USPTO of any claim of a patent on the basis of 
prior art patents or printed publications. Once initiated, the 
reexamination proceedings under Chapter 30 are substantially ex parte 
and do not permit input from third parties. The rules outlining ex 
parte reexaminations are found at 37 CFR 1.510-1.570.
    35 U.S.C. 257 permits a patent owner to request supplemental 
examination of a patent by the USPTO to consider, reconsider, or 
correct information believed to be relevant to the patent. The rules 
outlining supplemental examination are found at 37 CFR 1.601-1.625.
    The Leahy-Smith America Invents Act terminated inter partes 
reexamination effective September 16, 2012. However, inter partes 
reexamination proceedings based on inter partes reexamination requests 
filed before September 16, 2012, continue to be prosecuted. Therefore, 
this collection continues to include items related to the prosecution 
of inter partes reexamination proceedings. The rules outlining inter 
partes reexaminations are found at 37 CFR 1.903-1.931.
    Thus, the items included in this collection cover (i) requests for 
ex parte reexamination, (ii) requests for supplemental examination, and 
(iii) information that may be submitted by patent owners and third 
party requesters in relation to the prosecution of an ex parte or inter 
partes reexamination proceeding. It should be noted that the Requests 
for Ex Parte Reexamination and Supplemental Examination are distinct 
collections from the Request for Ex Parte Reexamination and 
Supplemental Examination Transmittal Forms, respectively. Whereas the 
transmittal forms are used by a requester (patent owner or third party) 
as a checklist to ensure compliance with the requirements of the 
statutes and rules for ex parte reexaminations and supplemental 
examinations, the requests themselves represent the substantive 
analysis undertaken by requesters of ex parte reexamination and 
supplemental examination.
    The public uses this information collection to request ex parte 
reexamination and supplemental examination, to prosecute reexamination 
proceedings, and to ensure that the associated documentation is 
submitted to the USPTO.

II. Method of Collection

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

III. Data

    OMB Number: 0651-0064.
    Form Number(s): PTO/SB/57 and PTO/SB/59.
    Type of Review: Renewal of an existing collection.
    Affected Public: Individuals or households; businesses or other 
for-profits; and not-for-profit institutions.
    Estimated Number of Respondents: 4,170 responses per year.
    Estimated Time per Response: The USPTO estimates that it will take 
the public from 0.30 hours (18 minutes) to 55 hours to gather the 
necessary information, prepare the appropriate

[[Page 14942]]

form or other documents, and submit the information to the USPTO. The 
time per response, estimated annual responses, and estimated annual 
hour burden associated with each instrument in this information 
collection is shown in the table below.
    Estimated Total Annual Hour Burden: 95,290 hours.
    Estimated Total Annual Cost Burden (Hourly): $37,067,810 per year. 
The USPTO expects that the information in this collection will be 
prepared by attorneys. Using the professional rate of $389 per hour for 
attorneys in private firms, the USPTO estimates that the respondent 
cost burden for this collection will be approximately $37,067,810 per 
year.

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                                                                                         Estimated
            IC No.              Information collection       Estimated  time for          annual      Estimated annual    Rate ($/hr)      Total cost
                                      instrument                   response              responses      burden hours
                                                         (a)........................             (b)                       (a) x (b) =   (c) x (d) = (e)
                                                                                                                                   (c)
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1............................  Request for Supplemental  18 minutes.................              50                15         $389.00            $5,835
                                Examination Transmittal
                                Form (PTO/SB/59).
2............................  Request for Supplemental  25 hours...................              50             1,250          389.00           486,250
                                Examination.
3............................  Request for Ex Parte      18 minutes.................             450               135          389.00            52,515
                                Reexamination
                                Transmittal Form (PTO/
                                SB/57).
4............................  Request for Ex Parte      55 hours...................             450            24,750          389.00         9,627,750
                                Reexamination.
5............................  Petition in a             23 hours...................           1,250            28,750          389.00        11,183,750
                                Reexamination
                                Proceeding (except for
                                those specifically
                                enumerated in 37 CFR
                                1.550(i) and 1.937(d)).
6............................  Patent Owner's 37 CFR     8 hours....................             160             1,280          389.00           497,920
                                1.530 Statement.
7............................  Third Party Requester's   8 hours....................              50               400          389.00           155,600
                                37 CFR 1.535 Reply.
8............................  Amendment in Ex Parte or  33 hours...................             700            23,100          389.00         8,985,900
                                Inter Partes
                                Reexamination.
9............................  Third Party Requester's   41 hours...................              10               410          389.00           159,490
                                37 CFR 1.947 Comments
                                in Inter Partes
                                Reexamination.
10...........................  Response to Final         17 hours...................             400             6,800          389.00         2,645,200
                                Rejection in Ex Parte
                                Reexamination.
11...........................  Patent Owner's 37 CFR     41 hours...................             100             4,100          389.00         1,594,900
                                1.951 Response in Inter
                                Partes Reexamination.
12...........................  Third Party Requester's   41 hours...................             100             4,100          389.00         1,594,900
                                37 CFR 1.951 Comments
                                in Inter Partes
                                Reexamination.
13...........................  Petition to Request       30 minutes.................             400               200          389.00            77,800
                                Extension of Time in Ex
                                Parte or Inter Partes
                                Reexamination.
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    Total....................  ........................  ...........................           4,170            95,290  ..............        37,067,810
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    Estimated Total Annual Cost Burden (Non-Hourly): $929.80 per year. 
There are no capital start-up, recordkeeping, or maintenance costs 
associated with this information collection. However, this collection 
does have annual (non-hour) costs in the form of postage costs.

Postage

    The USPTO expects that approximately 95 percent of the responses in 
this collection will be submitted electronically. Of the remaining 5 
percent, the vast majority--98 percent--will be submitted by mail, for 
a total of 204 mailed submissions. The documentation for requests for 
supplemental examination and requests for ex parte reexamination will 
typically be mailed to the USPTO with the appropriate transmittal form, 
reducing the number of unique mailings to 180. The USPTO estimates that 
the average postage cost for a mailed submission will be $0.49 cents 
for Petitions to Request Extension of Time and $5.75 for all other 
mailed submissions. Therefore, the USPTO estimates a total postage cost 
of approximately $929.80 per year.
    The total non-hour respondent cost burden for this collection in 
the form of postage costs is approximately $929.80 per year.

Filing Fees

    The fees in 0651-0064 were moved into collection 0651-0072 (America 
Invents Act Section 10 Patent Fee Adjustments). As a result, this 
collection no longer includes any filing or processing fees.

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, 
including the validity of the methodology and assumptions used; (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, including through the use of automated 
collection techniques or other forms of information

[[Page 14943]]

technology, e.g., permitting electronic submission of responses.
    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: March 13, 2015.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief 
Information Officer.
[FR Doc. 2015-06461 Filed 3-19-15; 8:45 am]
 BILLING CODE 3510-16-P