[Federal Register Volume 88, Number 86 (Thursday, May 4, 2023)]
[Notices]
[Pages 28516-28517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09477]


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DEPARTMENT OF COMMERCE

National Institute of Standards and Technology


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; iEdison System

AGENCY: National Institute of Standards and Technology (NIST), 
Commerce.

ACTION: Notice of information collection, request for comment.

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SUMMARY: The Department of Commerce, in accordance with the Paperwork 
Reduction Act of 1995 (PRA), invites the general public and other 
Federal agencies to comment on proposed, and continuing information 
collections, which helps us assess the impact of our information 
collection requirements and minimize the public's reporting burden. The 
purpose of this notice is to allow for 60 days of public comment 
preceding submission of the collection to OMB.

DATES: To ensure consideration, comments regarding this proposed 
information collection must be received on or before July 3, 2023.

ADDRESSES: Interested persons are invited to submit written comments by 
mail to Bureau Elizabeth Reinhart, Management Analyst, NIST, 100 Bureau 
Drive, Gaithersburg, MD 20899, or by email to [email protected]). 
Please reference OMB Control Number 0693-0090 in the subject line of 
your comments. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Requests for additional information or 
specific questions related to collection activities should be directed 
to Bethany Loftin, Interagency and iEdison Specialist, 100 Bureau 
Drive, Gaithersburg, MD 20899, 202-941-7750, [email protected].

SUPPLEMENTARY INFORMATION:

I. Abstract

    The Bayh-Dole Act (35 U.S.C. 18) and its implementing regulations 
(37 CFR 401) allow for recipients of federal research funding 
(Contractors) to retain ownership of inventions developed under federal 
funding agreements. In exchange, the government retains certain rights 
to the invention, including a world-wide right to use by or on behalf 
of the U.S. government. The law also requires the Contractor to obtain 
permission for certain actions and fulfill reporting requirements 
including:
    a. Initial reporting of invention.
    b. Decision to retain title to invention.
    c. Filing of patent protection.
    d. Evidence of government support clause within patents.
    e. Submission of a license confirming the government's rights.
    f. Notice if the Contractor is going to discontinue the pursuit or 
continuance of patent protection.
    g. Information related to the development and utilization of 
invention.
    h. Permission to assign to a third party; and
    i. Permission to waive domestic manufacturing requirements.
    This information is used for a variety of reasons. It allows the 
government to identify technologies to which the government has rights 
to use without additional payment or licensing. This acts as a time and 
cost-saving mechanism to avoid unnecessary negotiating and payment. It 
also provides data for calculation of return on investment (ROI) from 
federal funding and identifies successful research programs. Thirdly, 
it allows the government the opportunity to timely protect inventions 
which the Contractor declines title or discontinues patent protection. 
Many agencies utilize the iEdison system, managed by NIST, to collect 
this information. Agencies that do not register with iEdison are 
required to collect this information independently.
    Historically, only NIH and DOE regularly requested that Contractors 
submit requests for reports on the development and utilization of an 
invention (utilization reports) within iEdison. However, there has been 
an increased interest across the government in the impact of federally 
funded research and resulting inventions as well as compliance with the 
Bayh-Dole requirements, especially as it relates to domestic 
manufacturing requirements. As a result, the interagency working group 
for Bayh-Dole decided that all agencies would begin to request this 
information, and the questions would be amended and expanded upon so 
that the agencies could get a clear picture of the commercialization 
plans for subject inventions, what the licensing landscape looked like, 
what products were resulting, and where those products were being 
manufactured.
    Another data point of particular interest across government relates 
to gender, and specifically how gender disparity may be present within 
the inventing and commercialization space. Collecting gender of the 
inventors within iEdison provides agencies previously unavailable data 
that they may use to conduct assessments under

[[Page 28517]]

administrative policy guidance outlined in Executive Order 13985. NIST 
does not anticipate that the collection of this data will significantly 
affect the reporting burden.

II. Method of Collection

    Information will be electronically collected through the online 
system iEdison.

III. Data

    OMB Control Number: 0693-0090.
    Form Number(s): None.
    Type of Review: Regular submission, Revision.
    Affected Public: Business or other for-profit organizations; Not-
for-profit institutions; State, Local, or Tribal government.
    Estimated Number of Respondents: 3,063.
    Estimated Time per Response:
    Invention Records: 6 hours.
    Patent Records: 3.5 hours.
    Utilization Records: 5.5 hours.
    Estimated Total Annual Burden Hours:
    Invention Records: 18,378 hours.
    Patent Records: 10,720 hours.
    Utilization Records: 16,847 hours.
    Estimated Total Annual Cost to Public: $0.
    Respondent's Obligation: Mandatory.
    Legal Authority: The Bayh-Dole Act (35 U.S.C. 18) and its 
implementing regulations (37 CFR 401).

IV. Request for Comments

    We are soliciting public comments to permit the Department/Bureau 
to: (a) Evaluate whether the proposed information collection is 
necessary for the proper functions of the Department, including whether 
the information will have practical utility; (b) Evaluate the accuracy 
of our estimate of the time and cost burden for this proposed 
collection, including the validity of the methodology and assumptions 
used; (c) Evaluate ways to enhance the quality, utility, and clarity of 
the information to be collected; and (d) Minimize the reporting burden 
on those who are to respond, including the use of automated collection 
techniques or other forms of information technology.
    Comments that you submit in response to this notice are a matter of 
public record. We will include or summarize each comment in our request 
to OMB to approve this ICR. Before including your address, phone 
number, email address, or other personal identifying information in 
your comment, you should be aware that your entire comment--including 
your personal identifying information--may be made publicly available 
at any time. While you may ask us in your comment to withhold your 
personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

Sheleen Dumas,
Department PRA Clearance Officer, Office of the Under Secretary for 
Economic Affairs, Commerce Department.
[FR Doc. 2023-09477 Filed 5-3-23; 8:45 am]
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