[Federal Register Volume 83, Number 117 (Monday, June 18, 2018)]
[Notices]
[Pages 28205-28206]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13023]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Post Patent Public Submissions
ACTION: Proposed 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; 0651-0067:
Post Patent Public Submissions.
DATES: Written comments must be submitted on or before August 17, 2018.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``0651-
0067 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 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 ``0651-0067 comments'' 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 to examine an application for patent and, when
appropriate, issue a patent. The provisions of 35 U.S.C. 301 and 37 CFR
1.501 govern the ability of a person to submit into the file of an
issued patent (1) prior art consisting of patents or printed
publications which the person making the submission believes to have a
bearing on the patentability of any claim of the issued patent and (2)
statements of the owner of the issued patent filed in a proceeding
before a Federal court or the USPTO in which the owner of the issued
patent took a position on the scope of any claim of the issued patent.
The public may use this information collection to aid in
ascertaining the patentability and/or scope of the claims of the issued
patent. The USPTO may use this information during subsequent reissue or
reexamination proceedings. The USPTO's use of the statements of the
patent owners ((2) above) will be limited to determining the meaning of
a patent claim in ex parte reexamination proceedings that already have
been ordered and in inter partes review and post grant review
proceedings that already have been instituted.
II. Method of Collection
Electronically via the USPTO's electronic filing system (EFS-Web).
By facsimile, mail or hand delivery, if the submitter chooses to submit
the information in paper form.
III. Data
OMB Number: 0651-0067.
IC Instruments and Forms: PTO/SB/42.
Type of Review: Extension of a Currently Existing Collection.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: 100 response per year.
Estimated Time per Response: The USPTO estimates that it will take
the public 10 hours to respond to the items in this collection. This
includes the time to gather the necessary information, create the
document, and submit the completed request to the USPTO.
Estimated Total Annual Respondent Burden Hours: 1,000 hours.
Estimated Total Annual Respondent (Hour) Cost Burden: $438,000. The
USPTO expects that attorneys will completed the instruments associated
with this information collection. The professional hourly rate for
intellectual property attorneys in private firms is $438. Using this
hourly rate, the USPTO estimates that the total respondent cost burden
for this collection is $438,000 per year.
[[Page 28206]]
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Time for
IC No. Item response Responses Annual burden Rate Hourly cost
(hours)
..................................... (a) (b) (c) (d) (e)
(a) x (b) (c) x (d)
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1................................ Electronic Information Disclosure 10 98 980 $438.00 $429,240.00
Citation in a Patent.
1................................ Information Disclosure Citation in a 10 2 20 438.00 8,760.00
Patent.
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Total........................ ..................................... .............. 100 1,000 .............. 438,000.00
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Estimated Total Annual (Non-hour) Respondent Cost Burden: $11.50.
There are no capital startup, maintenance or operating costs, or filing
fees associated with this information collection.
There are postage costs associated with this information
collection. Customers may incur postage costs when submitting the
information in this collection to the USPTO by mail. The USPTO expects
that approximately 98 percent of the responses in this collection will
be submitted electronically via the USPTO's electronic filing system
(EFS-Web). The USPTO is estimating that all of the submissions in this
collection that are not submitted electronically will be submitted by
mail, for a total of 2 mailed submissions. The average first clast
postage cost for a one-pound mailed submission in a flat rate envelope
will be $5.75, and the USPTO is estimating that none of the mailed
submissions will exceed one pound. Therefore, the USPTO estimates that
the postage costs for the mailed submissions in this collection will be
$11.50.
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 will also 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. 2018-13023 Filed 6-15-18; 8:45 am]
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