[Federal Register Volume 83, Number 53 (Monday, March 19, 2018)]
[Notices]
[Pages 11993-11994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05468]
[[Page 11993]]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Ombudsman Survey
ACTION: Revision of a currently approved collection, comment request.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as
required by the Paperwork Reduction Act of 1995, invites comments on a
proposed extension of an existing information collection.
DATES: Written comments must be submitted on or before May 18, 2018.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``0651-
0078 comment'' in the subject line of the message.
Federal Rulemaking Portal: http://www.regulations.gov.
Mail: Marcie Lovett, Records and Information Governance
Division Director, Office of the Chief Technology 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 Michael Easdale, Office of Patent Quality
Assurance, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450; by telephone at 571-272-3533; or by email to
[email protected] with ``0651-0078 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
In 2011, the United States Patent and Trademark Office (USPTO)
designed and developed the Patents Ombudsman Program in response to
customer feedback that the prosecution of patent applications does not
always advance in accordance with established procedures. The USPTO
implemented the Ombudsman program to assist patent applicants,
attorneys, and agents in resolving problems, issues, and concerns
arising during the prosecution of a patent application. The objectives
of the Patents Ombudsman Program are to: (1) Facilitate complaint-
handling for pro se applicants and applicant's representatives whose
applications have stalled in the examination process; (2) track
complaints to ensure each is handled within ten business days; (3)
provide feedback and early warning alerts to USPTO management regarding
training needs based on complaint trends; and (4) build a publicly
accessible database of frequently asked questions that address commonly
seen problems and provide effective resolutions. Participation in the
Ombudsman program is voluntary and does not preclude the applicant's
use of other avenues for redress of issues, including the filing of
various patent process petitions. The program averages over 3,000
requests for assistance from approximately 1,800 unique customers each
year. The Ombudsman program is free and open to all participants in the
patenting process.
This collection covers information gathered on the Ombudsman
Survey. This survey is a key component in the USPTO's evaluation of the
Ombudsman program, providing a mechanism to monitor the effectiveness
of the program and identify potential opportunities for enhancement of
the Ombudsman process. This survey allows USPTO to gain consistent,
reliable, and representative information from customers who use the
Ombudsman program. The survey consists of 9 questions, and is sent
every Spring to applicants/attorneys who have provided an email address
and utilized the Ombudsman program within the past fiscal year. The
survey is accessed through individualized links that are uniquely tied
to the survey participants thereby eliminating the need for passwords,
user IDs, or usernames to access the surveys. The survey period is open
for a period of five (5) weeks. Customers not responding within the
initial three (3) weeks will be sent a second email message and link
seeking their participation.
There are no statutes or regulations requiring the USPTO to conduct
this usage and satisfaction measurement. The USPTO uses the survey
instrument to implement Executive Order 12862 of September 11, 1993,
Setting Customer Service Standards, published in the Federal Register
on September 14, 1993 (Vol. 58, No. 176).
II. Method of Collection
Web-based survey.
III. Data
OMB Number: 0651-0078.
IC Instruments and Forms: No form numbers.
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: 1,100 responses per year. It is
estimated that 1,800 unique customers use the Ombudsman program each
year, and based on previous surveys, we estimate that the majority of
them will respond to future surveys. The number of responses to this
survey should adequately represent all Patent Examining Technology
Centers.
Estimated Time per Response: The USPTO estimates that it will take
the public approximately 5 minutes (0.08 hours) to submit the
information in this collection, including the time to access the
survey, gather any materials needed, fill out the survey, and submit
the completed item to the USPTO.
Estimated Total Annual Respondent Burden Hours: 91.67 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden: $33,435.42.
The USPTO expects that both professionals and paraprofessionals will
complete these surveys, with 75% being completed by professionals and
25% by paraprofessionals. The current professional hourly wage rate is
$438 and the rate for paraprofessionals is $145. The professional
hourly rate used for the calculation is the average rate for attorneys
in private firms as published in the 2016 Report of the Economic Survey
by the American Intellectual Property Law Association (AIPLA). The
paraprofessional hourly rate comes from 2017 National Utilization and
Compensation Survey published by the National Association of Legal
Assistants (NALA). Using the combined hourly rate of $364.75, the USPTO
estimates that the respondent cost burden for this collection will be
$33,435.42 per year as shown in the table below.
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Estimated
IC No. Item Estimated time for annual Estimated annual Rate ($/hr) Estimated annual
response (minutes) responses burden hours cost burden
...................... (a).................. (b) (a) x (b) / 60 = (d) (c) x (d) = (e)
(c)
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1.................................. Ombudsman Survey...... 5 mins. (0.08 hours). 1,100 91.67 $364.75 $33,435.42
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Total.......................... ...................... ..................... 1,100 91.67 .............. 33,435.42
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[[Page 11994]]
Estimated Total Annual (Non-Hour) Respondent Cost Burden: $0. There
are no capital start-up, maintenance, postage, or recordkeeping costs
associated with this information collection.
IV. Request for Comments
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they also will become a matter of public record.
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.
Marcie Lovett,
Records and Information Governance Division Director, OCTO, United
States Patent and Trademark Office.
[FR Doc. 2018-05468 Filed 3-16-18; 8:45 am]
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