[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5860-5861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01748]
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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; Post Allowance and Reissue
The United States Patent and Trademark Office (USPTO) will submit
the following information collection request to the Office of
Management and Budget (OMB) for review and clearance in accordance with
the Paperwork Reduction Act of 1995, on or after the date of
publication of this notice. The USPTO invites comment on this
information collection renewal, which helps the USPTO assess the impact
of its information collection requirements and minimize the public's
reporting burden. Public comments were previously requested via the
Federal Register on November 22, 2022 during a 60-day comment period.
This notice allows for an additional 30 days for public comments.
Agency: United States Patent and Trademark Office, Department of
Commerce.
Title: Post Allowance and Reissue.
OMB Control Number: 0651-0033.
Needs and Uses: This collection of information covers the
submission of issue fee payments, requests for certificates of
correction, and reissue applications to the United States Patent and
Trademark Office (USPTO). The USPTO is required by 35 U.S.C. 131 and
151 to examine applications and, when appropriate, allow applications
and issue them as patents. When an application for a patent is allowed
by the USPTO, the USPTO issues a notice of allowance and the applicant
must pay the specified issue fee within three months to avoid
abandonment of the application. If the appropriate fees are paid within
the proper time period, the USPTO can then issue the patent. The rules
outlining the procedures for payment of the issue fee and issuance of a
patent are found at 37 CFR 1.18, 1.311, and 1.314.
This collection of information also covers several transactions
that may be taken after issuance of a patent.
Pursuant to 35 U.S.C 254 and 255, a certificate of correction may
be requested to correct an error or errors in an issued patent. If the
USPTO determines that the request should be approved, the USPTO will
issue a certificate of correction.
For an original patent that is believed to be wholly or partly
inoperative or invalid, the original patentee, or the current patent
owner if there has been a subsequent assignment, may apply for reissue
of the patent. The reissue application process requires, among other
items, provision of an oath or declaration specifically identifying at
least one error being relied upon as the basis for reissue and stating
the reason for the belief that the original patent is wholly or partly
inoperative or invalid (e.g., a defective specification or drawing, or
claiming more or less than the patentee had the right to claim in the
patent). The rules outlining reissue application procedures are found
at 37 CFR 1.171-1.173 and 1.175-1.178.
The title of this item has been changed from ``Post Allowance and
Refiling'' to ``Post Allowance and Reissue'' to better reflect the
nature of the items in this information collection.
Form Number(s): (AIA = America Invents Act; SB = Specimen Book;
PTOL = Patent & Trademark Office Legal Form).
PTO/AIA/05, PTO/AIA/06, PTO/SB/51, PTO/SB/52 (Reissue
Application Declaration by the Inventor or the Assignee)
PTO/AIA/07 (Substitute Statement in Lieu of an Oath or
Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR
1.64))
PTO/AIA/50 (Reissue Patent Application Transmittal)
PTO/AIA/53, PTO/SB/53 (Reissue Application: Consent of
Assignee; Statement of Non-Assignment)
PTO/SB/44 (Certificate of Correction)
PTO/SB/51S, (Supplemental Declaration for Reissue Patent
Application to Correct ``Errors'' Statement (pre-AIA 37 CFR 1.175(c)))
PTO/SB/56 (Reissue Application Fee Transmittal Form)
PTOL-85B (Issue Fee Transmittal)
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Private sector; individuals or households.
Respondent's Obligation: Required to obtain or retain benefits.
Frequency: On occasion.
Estimated Number of Annual Respondents: 426,301 respondents.
Estimated Number of Annual Responses: 426,301 responses.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public approximately
between 30 minutes (0.5 hours) and 5.3 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: 373,568 hours.
Estimated Total Annual Respondent Non-Hourly Cost Burden:
$434,518,228.
This information collection request may be viewed at
www.reginfo.gov. Follow the instructions to view Department of
Commerce, USPTO information collections currently under review by OMB.
Written comments and recommendations for this information
collection should be submitted within 30 days of the publication of
this notice on the following website www.reginfo.gov/public/do/PRAMain.
Find this particular information collection by selecting ``Currently
under 30-day Review--Open for Public Comments'' or by using the search
function and entering either the title of the information collection or
the OMB Control Number 0651-0033.
Further information can be obtained by:
Email: [email protected]. Include ``0651-
0033 information request'' in the subject line of the message.
Mail: Justin Isaac, Office of the Chief Administrative
Officer, United
[[Page 5861]]
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA
22313-1450.
Justin Isaac,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2023-01748 Filed 1-27-23; 8:45 am]
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