[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)]
[Notices]
[Pages 45106-45108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19203]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Matters Related to First Inventor To File
ACTION: Proposed collection; comment request.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), as
required by the Paperwork Reduction Act, invites comments on a proposed
extension of an existing information collection: 0651-0069 (Matters
Relating to First Inventor to File).
DATES: Written comments must be submitted on or before November 5,
2018.
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: Raul Tamayo, Senior Legal Advisor, Office of Patent
Legal Administration, 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:
[[Page 45107]]
I. Abstract
The United States Patent System uses a `first to file' system, as
introduced by the Leahy-Smith America Invents Act (AIA) in 2011. To
determine the first inventor to file, information is needed in order to
identify the inventorship and ownership, or obligation to assign
ownership, of each claimed invention on its effective filing date.
This collection covers information gathered on various forms or
submissions used by the USPTO to determine the first inventor to file.
One form, required by 37 CFR 1.55(k), 1.78(a)(6) and 1.78(d)(6)
provides information needed to assist the USPTO in determining whether
an application is subject to 35 U.S.C. 102 and 103 as amended by
Section 3 of the AIA, or 35 U.S.C. 102 and 103 as was in effect on
March 15, 2013. Additional information provided to USPTO (37 CFR 1.110)
identifies the inventorship and ownership, or obligation to assign
ownership, of each claimed invention on its effective filing date (as
defined in Sec. 1.109) or on its date of invention, as applicable, in
an application or patent naming one or more joint inventors, when
necessary for purposes of a USPTO proceeding.
Applications may also need to submit additional affidavits or
declarations (37 CFR 1.130, 1.131, and 1.132) for several possible
situations:
(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).
II. Method of Collection
The USPTO anticipates both electronic and paper submissions in this
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: Extension of a currently approved 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 23,681 responses per year for this
collection. The USPTO estimates that approximately 20,975 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. 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: 207,362 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden:
$90,824,556.00. The USPTO expects that attorneys will complete the
instruments associated with this information collection. The
professional hourly rate for attorneys is $438, based upon the 2017
Report of the Economic Survey published by AIPLA. Using this hourly
rate, the USPTO estimates $90,824,556.00 per year for the total hourly
costs associated with respondents.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated time Estimated Estimated
IC No. Information collection for response annual annual burden Rate ($/hr) Total
instrument (hours) responses hours
(a) (b) (a) x (b) = (c) (d) (c) x (d) = (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................... Electronic Submissions Under 37 2 1,700 3,400 $438.00 $1,489,200.00
CFR 1.55(k).
1................................... Submissions Under 37 CFR 1.55(k) 2 50 100 438.00 43,800.00
2................................... Electronic Submissions Under 37 2 1,375 2,750 438.00 1,204,500.00
CFR 1.78(a)(6).
2................................... Submissions Under 37 CFR 2 25 50 438.00 21,900.00
1.78(a)(6).
3................................... Electronic Submissions Under 37 2 340 680 438.00 297,840.00
CFR 1.78(d)(6).
3................................... Submissions Under 37 CFR 2 10 20 438.00 8,760.00
1.78(d)(6).
4................................... Electronic Identification of 2 147 294 438.00 128,772.00
Inventorship and Ownership of
the Subject Matter of
Individual Claims under 37 CFR
1.110.
4................................... Identification of Inventorship 2 3 68 438.00 29,784.00
and Ownership of the Subject
Matter of Individual Claims
under 37 CFR 1.110.
5................................... Electronic Rule 1.130, 1.131, 10 19,600 196,000 438.00 85,848,000.00
and 1.132 Affidavits or
Declarations.
5................................... Rule 1.130, 1.131, and 1.132 10 400 4,000 438.00 1,752,000.00
Affidavits or Declarations.
---------------------------------------------------------------------------------
Total........................... ................................ .............. 23,681 207,362 .............. 90,824,556.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 45108]]
Estimated Total Annual (Non-hour) Cost Burden: $80.40. The USPTO
estimates that the total annualized (non-hour) cost burden for this
collection is due to postage costs. 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 98 percent of the
responses in this collection will be submitted electronically. Of the
remaining 2 percent, the vast majority--98 percent--will be submitted
by mail, for a total of 12 mailed submissions. The average first-class
USPS postage cost for these items is estimated at $6.70; 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 $80.40.
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.
Marcie Lovett,
Director, Records and Information Governance Division, Office of the
Chief Technology Officer, USPTO.
[FR Doc. 2018-19203 Filed 9-4-18; 8:45 am]
BILLING CODE 3510-16-P