[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Notices]
[Pages 18769-18771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06765]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Invention Promoters/Promotion Firms Complaints

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice of information collection; request for comment.

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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 
the extension and revision of an existing information collection: 0651-
0044 (Invention Promoters/Promotion Firms Complaints). The purpose of 
this notice is to allow 60 days for public comment preceding submission 
of the information collection to OMB.

DATES: To ensure consideration, comments regarding this information 
collection must be received on or before May 31, 2022.

ADDRESSES: Interested persons are invited to submit written comments by 
any of the following methods. Do not submit Confidential Business 
Information or otherwise sensitive or protected information:
     Email: [email protected]. Include ``0651-
0044 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Kimberly Hardy, Office of the Chief Administrative 
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 Toni Krasnic, Office of Patents Stakeholder 
Experience, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450; by telephone at 571-272-7182; or by email at 
[email protected] with ``0651-0044 comment'' in the subject line. 
Additional information about this information collection is also 
available at http://www.reginfo.gov under ``Information Collection 
Review.''

SUPPLEMENTARY INFORMATION: 

I. Abstract

    Pursuant to the Inventors' Rights Act of 1999, 35 U.S.C. 297, and 
implementing regulations at 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. Upon receipt of a complaint, the USPTO 
will forward it to the inventor promoter for a response. The USPTO does 
not investigate these complaints or participate in any legal 
proceedings against invention promoters or promotion firms. Under the 
Act, USPTO is responsible for making complaints and responses available 
to the public on the USPTO's website.
    A complaint submitted to the USPTO must be clearly marked, or 
otherwise identified, as a complaint. The complaint must include: (1) 
The name and address of the complaint; (2) the name and address of the 
invention promoter; (3) the name of the customer; (4) the invention 
promotion services offered or performed by the invention promoter; (5) 
the name of the mass media in which the invention promoter advertised 
providing such services; (6) and example of the relationship between 
the customer and the invention promoter; and (7) a signature of the 
complainant. 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.

[[Page 18770]]

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 be published without a response. The USPTO 
does not accept, under this program, complaints that request 
confidentiality.
    This information collection contains one form, Complaint Regarding 
Invention Promoter (PTO/2048), which is used by the public to submit a 
complaint under this program. This form is available for download from 
the USPTO website. Use of this form is voluntary, and the complainant 
may submit his or her 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 a complaint.

II. Method of Collection

    The items in this information collection may be submitted by mail 
to Mail Stop 24, Director of the U.S. Patent and Trademark Office, P.O. 
Box 1450, Alexandria, VA 22313-1450, or electronically via email at 
[email protected] with ``Scam prevention complaint--
submission'' in the subject line.

III. Data

    OMB Control Number: 0651-0044.
    Form:
     PTO/2048 (Complaint Regarding Invention Promoter).
    Type of Review: Extension and revision of a currently approved 
information collection.
    Affected Public: Private sector; individuals or households.
    Respondent's Obligation: Voluntary.
    Estimated Number of Annual Respondents: 22 respondents.
    Estimated Number of Annual Responses: 22 responses.
    Estimated Time per Response: The USPTO estimates that the responses 
in this information collection will take the public approximately 15 
minutes (0.25 hours) to 30 minutes (.5 hours) to complete. 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: 8 hours.
    Estimated Total Annual Respondent Hourly Cost Burden: $517.

                                  Table 1--Total Burden Hours and Hourly Costs to Individuals or Households Respondents
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                                                                                                                                              Estimated
                                                  Estimated     Responses     Estimated    Estimated time for     Estimated   Rate \1\  ($/    annual
         Item No.                  Item            annual          per         annual       response  (hours)      burden         hour)      respondent
                                                 respondents   respondent     responses                          (hour/year)                 cost burden
                                                         (a)           (b)   (a) x (b) =  (d).................   (c) x (d) =           (f)   (e) x (f) =
                                                                                     (c)                                 (e)                         (g)
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1........................  Complaint Regarding            12             1            12  .25 (15 min)........             3        $52.93          $159
                            Invention Promoter
                            (PTO/2048).
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    Totals...............  ...................            12  ............            12  ....................             3  ............           159
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                                       Table 2--Total Burden Hours and Hourly Costs to Private Sector Respondents
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                                                                                                                                              Estimated
                                                  Estimated     Responses     Estimated    Estimated time for     Estimated   Rate \2\  ($/    annual
         Item No.                  Item            annual          per         annual       response  (hours)      burden         hour)      respondent
                                                 respondents   respondent     responses                          (hour/year)                 cost burden
                                                         (a)           (b)   (a) x (b) =  (d).................   (c) x (d) =           (f)   (e) x (f) =
                                                                                     (c)                                 (e)                         (g)
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2........................  Response to the                10             1            10  .5 (30 min).........             5        $71.59          $358
                            Complaint.
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    Totals...............  ...................            10  ............            10  ....................             5  ............           358
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    Estimated Total Annual Respondent Non-Hourly Cost Burden: $51.
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    \1\ The USPTO uses the mean hourly wage ($52.93) for physical 
scientists according to the data from the Bureau of Labor 
Statistics' Occupational Employment Statistics program (occupational 
code 19-2099; https://www.bls.gov/oes/current/oes192099.htm).
    \2\ The USPTO uses the mean hourly wage (71.59) for Lawyers 
according to the data from the Bureau of Labor Statistics' 
Occupational Employment Statistics program (occupational code 23-
1011; https://www.bls.gov/oes/current/oes231011.htm).
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    There are no capital start-up, maintenance costs, recordkeeping 
costs, or filing fees associated with this information collection. 
However, USPTO estimates that the total annual (non-hour) cost burden 
for this information collection, in the form of postage costs, is $50.

Postage Costs

    Although the USPTO prefers that the items in this information 
collection be submitted electronically, responses may be submitted by 
mail through the United States Postal Service (USPS). The USPTO 
estimates that 6 complaints will be received by first-class mail. The 
USPTO estimates that the average postage cost of first-class mail will 
be $0.58, resulting in a total of $4 for mailed complaints. The USPTO 
also estimates that it will receive 5 responses to complaints using 
overnight mail services. The USPTO estimates that the average postage 
cost for a mailed submission, using a Priority Mail 2-day flat rate 
legal envelope, will be $9.25, resulting in a total of $46 for 
overnight mail service. Therefore, the USPTO estimates the total 
mailing costs for this information collection at $50.

IV. Request for Comments

    The USPTO is soliciting public comments to:
    (a) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the Agency, including 
whether the information will have practical utility;
    (b) Evaluate the accuracy of the Agency's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
    (c) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (d) Minimize the burden of the collection of information on those 
who are to respond, including through the

[[Page 18771]]

use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses.
    All comments submitted in response to this notice are a matter of 
public record. USPTO will include or summarize each comment in the 
request to OMB to approve this information collection. Before including 
an address, phone number, email address, or other personal identifying 
information (PII) in a comment, be aware that the entire comment--
including PII--may be made publicly available at any time. While you 
may ask in your comment to withhold PII from public view, USPTO cannot 
guarantee that it will be able to do so.

Kimberly Hardy,
Information Collections Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2022-06765 Filed 3-30-22; 8:45 am]
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