[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Notices]
[Pages 49214-49215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20192]


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

DEPARTMENT OF COMMERCE

 Patent and Trademark Office


Invention Promoters/Promotion Firms Complaints

ACTION: Proposed collection; comment request

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

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 the 
extension of a 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 October 16, 
2015.

ADDRESSES: Written comments may be submitted by any of the following 
methods:
     Email: [email protected]. Include ``0651-
0044 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 Cathie Kirik, Mail Stop 24, Commissioner for 
Patents, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450; by telephone at 571-272-8040; or by email at 
[email protected] with ``0651-0044 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

    Under the Inventors' Rights Act of 1999, as found in 35 U.S.C. 297 
and implemented by 37 CFR part 4, the United States Patent and 
Trademark Office (USPTO) is required to provide a forum for the 
publication of complaints concerning invention promoters and responses 
from the invention promoters to these complaints. An individual may 
submit a complaint concerning an invention promoter to the USPTO, which 
will forward the complaint to the invention promoter for response. The 
complaints and responses will be published and made available to the 
public on the USPTO Web site. The USPTO does not investigate these 
complaints or participate in any legal proceedings against invention 
promoters or promotion firms.
    Complaints submitted to the USPTO must (1) identify the name and 
address of the complainant and the invention promoter or promotion 
firm; (2) explain the basis for the complaint; and (3) include the 
signature of the complainant. The identifying information is necessary 
so that the USPTO can both forward the complaint to the invention 
promoter or promotion firm as well as notify the complainant that the 
complaint has been forwarded. Complainants should understand that the 
complaints will be forwarded to the invention promoter for response and 
that the complaint and response will be made available to the public as 
required by the Inventors' Rights Act. If the USPTO does not receive a 
response from the invention promoter, the complaint will still be 
published without the response. The USPTO does not accept complaints 
under this program if the complainant requests confidentiality.
    This information collection includes one form, Complaint Regarding 
Invention Promoter (PTO/SB/2048A), which is used by the public to 
submit a complaint under this program. This form is available for 
download from the USPTO Web site. Use of this form is not mandatory, 
and the complainant may submit their complaint without the form via any 
of the approved methods of collection as long as the complainant 
includes the necessary information and the submission is clearly marked 
as a complaint filed under the Inventors' Rights Act. There is no 
associated form for submitting responses to the complaints.

II. Method of Collection

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

III. Data

    OMB Number: 0651-0044.
    IC Instruments and Forms: The individual instruments in this 
collection, as well as their associated forms, are listed in the 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: 50 responses per year. Of this 
total, the USPTO expects that 100% will be submitted on paper.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 15 minutes (0.25 hours) to gather the 
necessary information, prepare the form, and submit a complaint to the 
USPTO and approximately 30 minutes (0.5 hours) for an invention 
promoter or promotion firm to prepare and submit a response to a 
complaint.
    Estimated Total Annual Hour Burden: 17.5 hours.
    Estimated Total Annual Cost Burden (Hourly): $3,026.25. The USPTO 
expects that complaints will be prepared by paraprofessionals or 
independent inventors. Using the average of the paraprofessional rate 
of $125 per hour and the estimated rate of $30 per hour for independent 
inventors, the USPTO estimates that the average rate for preparing the 
complaints will be approximately $77.50 per hour.
    The USPTO expects that the responses to the complaints will be 
prepared by attorneys or invention promoters. Using the average of the 
professional rate of $389 per hour for attorneys in private firms and 
the estimated rate of $100 per hour for invention promoters, the USPTO 
estimates that the average rate for preparing the responses to the 
complaints will be approximately $244.50 per hour. 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.

[[Page 49215]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                          Total cost ($/
               IC No.                             Item                    Hours        Responses (yr)  Burden (hrs/yr)    Rate ($/hr)          yr)
                                     ..............................              (a)              (b)  (c) = (a) x (b)              (d)  (e) = (c) x (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................  Complaint Regarding Invention              0.25               30              7.5           $77.50          $581.25
                                      Promoter (PTO/SB/2048).
2..................................  Responses to the Complaints...             0.50               20               10           224.50         2,445.00
                                                                    ------------------------------------------------------------------------------------
    Totals.........................  ..............................  ...............               50             17.5  ...............         3,026.25
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Cost Burden (Non-Hourly): $493.70. There are 
no capital startup, maintenance, or operating fees associated with this 
collection, nor are there filing or processing fees. There is, however, 
a non-hourly cost burden associated with this collection in the form of 
postage costs.
    For this collection, it is estimated that 30 complaints will be 
received by mail. The USPTO estimates that the first-class postage cost 
for a mailed complaint will be $0.49. Promotion firms may choose to 
send responses to complaints using overnight mail service at an 
estimated cost of $23.95 per response. The USPTO estimates that it will 
receive 20 responses to complaints. Therefore, the total postage cost 
associated with this collection will be approximately $493.70. As there 
are no other annual (non-hourly) costs associated with this collection, 
the USPTO therefore estimates that the total annual (non-hourly) cost 
burden for this collection, in the form of postage costs, is $493.70 
per year.

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: August 6, 2015.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief 
Information Officer.
[FR Doc. 2015-20192 Filed 8-14-15; 8:45 am]
 BILLING CODE 3510-16-P