[Federal Register Volume 81, Number 183 (Wednesday, September 21, 2016)]
[Pages 64877-64878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-22682]



United States Patent and Trademark Office

Submission for OMB Review; Comment Request; Legal Processes

    The United States Patent and Trademark Office (USTPO) will submit 
to the Office of Management and Budget (OMB) for clearance the 
following proposal for collection of information under the provisions 
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
    Agency: United States Patent and Trademark Office, (USPTO).
    Title: Legal Processes.
    OMB Control Number: 0651-0046.
    Form Number(s): None.
    Type of Request: Renewal.
    Number of Respondents: 309 responses per year.
    Average Hours per Response: The USPTO estimates that it will take 
the public from 5 minutes (0.08 hours) to 6 hours to prepare a single 
item in this collection, including gathering the necessary information, 
preparing the appropriate documents, and submitting the information 
required for this collection.
    Burden Hours: 130 hours.
    Cost Burden: $8,479.54. The USPTO expects that the information in 
this collection will be prepared by attorneys and former employees at 
an hourly rate of $65.51. Using these hourly rates, the USPTO estimates 
that the total respondent cost burden for this collection will be 
approximately $8,479.54 per year.
    Needs and Uses: The purpose of this collection is to cover 
information requirements related to civil actions and claims involving 
current and former employees of the United States Patent and Trademark 
Office (USPTO). The rules for these legal processes may be found under 
37 CFR part 104, which outlines procedures for service of process, 
demands for employee

[[Page 64878]]

testimony and production of documents in legal proceedings, reports of 
unauthorized testimony, employee indemnification, and filing claims 
against the USPTO under the Federal Tort Claims Act (28 U.S.C. 2672) 
and the corresponding Department of Justice regulations (28 CFR part 
14). The public may also petition the USPTO Office of General Counsel 
under 37 CFR 104.3 to waive or suspend these rules in extraordinary 
    The procedures under 37 CFR part 104 ensure that service of process 
intended for current and former employees of the USPTO is handled 
properly. The USPTO will only accept service of process for an employee 
acting in an official capacity. This collection is necessary so that 
respondents or their representatives can serve a summons or complaint 
on the USPTO, demand employee testimony and documents related to a 
legal proceeding, or file a claim under the Federal Tort Claims Act. 
Respondents may also petition the USPTO to waive or suspend these rules 
for legal processes. This collection is also necessary so that current 
and former USPTO employees may properly forward service and demands to 
the Office of General Counsel, report unauthorized testimony, and 
request indemnification. The USPTO covers current employees as 
respondents under this information collection even though their 
responses do not require approval under the Paperwork Reduction Act. In 
those instances where both current and former employees may respond to 
the USPTO, the agency estimates that the number of respondents will be 
    There are no forms provided by the USPTO for this collection. For 
filing claims under the Federal Tort Claims Act, the public may use 
Standard Form 95 ``Claim for Damage, Injury, or Death,'' which is 
provided by the Department of Justice and approved by the Office of 
Management and Budget (OMB) under OMB Control Number 1105-0008.
    Affected Public: Individuals or households; businesses or other 
for-profits; not-for-profit institutions; and the Federal Government.
    Frequency: On occasion.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    OMB Desk Officer: Nicholas A. Fraser, email: 
[email protected].
    Once submitted, the request will be publicly available in 
electronic format through reginfo.gov. Follow the instructions to view 
Department of Commerce collections currently under review by OMB.
    Further information can be obtained by:

     Email: [email protected]. Include ``0651-
0046'' 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-

    Written comments and recommendations for the proposed information 
collection should be sent on or before October 21, 2016 to Nicholas A. 
Fraser, OMB Desk Officer, via email to [email protected], 
or by fax to 202-395-5167, marked to the attention of Nicholas A. 

    Dated: September 15, 2016.
Marcie Lovett
Records Management Division Director, OCIO, United States Patent and 
Trademark Office.
[FR Doc. 2016-22682 Filed 9-20-16; 8:45 am]