[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)]
[Notices]
[Pages 32539-32540]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14093]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Matters Related to First Inventor To File
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 August 10, 2015.
ADDRESSES: Written comments may be submitted by any of the following
methods:
Email: [email protected]. Include ``0651-
0071 comment'' in the subject line of the message.
Federal Rulemaking Portal: http://www.regulations.gov.
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.
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 ``0651-0071 comment'' 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 Leahy-Smith America Invents Act (AIA) was enacted into law on
September 16, 2011. See Public Law 112-29, 125 Stat. 283 (2011).
Section 3 of the AIA, inter alia, amended 35 U.S.C. 102 and 103
consistent with the objectives of the AIA, including the conversion of
the United States patent system from a ``first to invent'' system to a
``first inventor to file'' system. The changes in section 3 of the AIA
went into effect on March 16, 2013, but apply only to certain
applications filed on or after March 16, 2013.
37 CFR 1.55(j), 1.78(a)(6) and 1.78(d)(6) require information
needed to assist the USPTO in determining whether an application is
subject to 35 U.S.C. 102 and 103 as amended by the AIA or 35 U.S.C. 102
and 103 in effect on March 15, 2013. 37 CFR 1.110 requires information
needed to identify the inventor, and ownership on the effective filing
date, of each claimed invention in an application or patent with more
than one named inventor, when necessary for purposes of a USPTO
proceeding. 37 CFR 1.130, 1.131, and 1.132 provide for the submission
of affidavits or declarations needed (i) to show that a disclosure was
by the inventor or joint inventor, or was by a party who obtained the
subject matter from the inventor or a joint inventor (1.130), (ii) to
show that there was a prior public disclosure by the inventor or a
joint inventor, or by a party who obtained the subject matter from the
inventor or a joint inventor (1.130), (iii) to establish prior
invention or to disqualify a commonly owned patent or published
application as prior art (1.131), or (iv) to submit evidence to
traverse a rejection or objection on a basis not otherwise provided for
(1.132).
The USPTO accounts for both electronic and paper submissions in
this collection.
II. Method of Collection
Electronically when using the USPTO online filing system EFS-Web,
or by mail, facsimile, or hand delivery.
III. Data
OMB Number: 0651-0071.
IC Instruments and Forms: The individual instruments in this
collection, as well as any associated forms, are listed in the hourly
cost burden table below.
Type of Review: Revision of a Previously Existing Information
Collection.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: The USPTO estimates that it will
receive a total of approximately 50,150 responses per year for this
collection, of which approximately 12,538 will be filed by small
entities. The USPTO estimates that approximately 48,646 of the
responses for this collection will be submitted electronically via EFS-
Web.
These estimates are based on the Agency's long-standing
institutional knowledge of and experience with the type of information
collected by these items.
Estimated Time per Response: The USPTO estimates that the responses
in this collection will take the public from 2 to 10 hours to complete.
This includes the time to gather the necessary information, create the
document, and submit the completed request to the USPTO. Specifically,
the USPTO estimates that: (1) Preparing an affidavit or declaration
under 37 CFR 1.130, 1.131, or 1.132 will require, on average, 10 hours;
(2) identifying under 37 CFR 1.55(j), 1.78(a)(6), or 1.78(d)(6) whether
there is any claim or subject matter not disclosed in the prior
foreign, provisional, or non-provisional application will require, on
average, 2 hours; and (3) identifying under 37 CFR 1.110 inventorship
and ownership of the subject matter of claims will require, on average,
2 hours. The USPTO calculates that, on balance, it takes the same
amount of time to gather the necessary information, create the
document, and submit it to the USPTO, whether the applicant submits the
information in paper form or electronically.
These estimates are based on the Agency's long-standing
institutional knowledge of and experience with the type of information
collected and the length of time necessary to complete responses
containing similar or like information.
Estimated Total Annual Respondent Burden Hours: 340,300 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden:
$132,376,700. The USPTO expects that attorneys will complete the
instruments associated with this information collection. The
professional hourly rate for attorneys is $389. Using this hourly rate,
the USPTO estimates $132,376,700 per year for the total hourly costs
associated with respondents.
[[Page 32540]]
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Estimated
Information time for Estimated Estimated annual
IC No. collection instrument response annual burden hours Rate ($/hr)
(minutes) responses
(a) (b) (a) x (b)/60 =
(c)
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1..................... Electronic 120 9,700 19,400 $389.00
Submissions Under 37
CFR 1.55(j).
1..................... Submissions Under 37 120 300 600 389.00
CFR 1.55(j).
2..................... Electronic 120 7,760 15,520 389.00
Submissions Under 37
CFR 1.78(a)(6).
2..................... Submissions Under 37 120 240 480 389.00
CFR 1.78(a)(6).
3..................... Electronic 120 1,940 3,880 389.00
Submissions Under 37
CFR 1.78(d)(6).
3..................... Submissions Under 37 120 60 120 389.00
CFR 1.78(d)(6).
4..................... Electronic 120 146 292 389.00
Identification of
Inventorship and
Ownership of the
Subject Matter of
Individual Claims
under 37 CFR 1.110.
4..................... Identification of 120 4 8 389.00
Inventorship and
Ownership of the
Subject Matter of
Individual Claims
under 37 CFR 1.110.
5..................... Electronic Rule 600 29,100 291,000 389.00
1.130, 1.131, and
1.132 Affidavits or
Declarations.
5..................... Rule 1.130, 1.131, 600 900 9,000 389.00
and 1.132 Affidavits
or Declarations.
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Total............. ..................... .............. 50,150 340,300 ..............
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Estimated Total Annual (Non-hour) Cost Burden: $8,475.50. The USPTO
estimates that the total annualized (non-hour) cost burden for this
collection is due to postage costs of $8,475.50 per year. Customers may
incur postage costs when submitting some of the items covered by this
collection to the USPTO by mail. The USPTO expects that approximately
97 percent of the responses in this collection will be submitted
electronically. Of the remaining 3 percent, the vast majority--98
percent--will be submitted by mail, for a total of 1,474 mailed
submissions. The average first class USPS postage cost for these items
is estimated at $5.75; the cost of a one pound mailed submission in a
flat rate envelope. Therefore, the USPTO estimates that the postage
costs for the mailed submissions in this collection will total
$8,475.50.
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 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: June 1, 2015.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2015-14093 Filed 6-8-15; 8:45 am]
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