[Federal Register Volume 90, Number 95 (Monday, May 19, 2025)]
[Notices]
[Pages 21294-21296]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08904]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Agency Information Collection Activities; Submission to the
Office of Management and Budget for Review and Approval; Comment
Request; Complaints Regarding Invention Promoters
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of information collection; request for comments.
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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 (Complaints Regarding Invention Promoters). The purpose of this
notice is to allow 60 days for public comments preceding submission of
the information collection to the Office of Management and Budget
(OMB).
DATES: To ensure consideration, comments regarding this information
collection must be received on or before July 18, 2025.
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 eRulemaking Portal: https://www.regulations.gov.
[[Page 21295]]
Mail: Justin Isaac, Office of the Chief Administrative
Officer, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Request for additional information
should be directed to: Toni Krasnic, Office of Patent Stakeholder
Experience, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450; 571-272-7182; or [email protected] with
``0651-0044 comment'' in the subject line. Additional information about
this information collection is also available at https://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 form for the
publication of complaints concerning invention promoters. Upon receipt
of a complaint, the USPTO will forward it to the invention 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 Inventors Rights Act and the implementing
regulations, the USPTO is required to publish complaints and responses
on the USPTO website, making them available to the public.
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 complainant;
(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 such services;
(6) an example of the relationship between the customer and
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 invention promotion
companies as well as notify the complainant that the complaint has been
forwarded. 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 within 30 days, the complaint will be published
without a response. Under this program, the USPTO does not accept
complaints that request confidentiality.
This information collection contains one form, PTO/2048A (Complaint
Regarding Invention Promotion), 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. Complainants may
submit a complaint without the form as long as the complaint includes
the necessary information and the submission is clearly marked as a
complaint filed under the Inventors Rights Act. Invention promotion
firms may use any format when responding to a submitted complaint;
there is no associated USPTO form. Complaints and responses are posted
at https://www.uspto.gov/patents/basics/using-legal-services/scam-prevention/published-complaints/published. Although the USPTO typically
receives only a few complaints each year, that number is expected to
rise given the recent announcement of new efforts to mitigate threats
and protect the integrity of the U.S. patent system: https://www.uspto.gov/patents/fraud.
The name of this information collection is being changed from
``Invention Promoters/Promotion Firm Complaints'' to ``Complaints
Regarding Invention Promoters'' to better align with how this program
is usually referenced.
II. Method of Collection
Items in this information collection may be submitted by mail to:
Mail Stop 24, Commissioner for Patents, P.O. Box 1450, Alexandria, VA
22313-1450, or electronically via email at: [email protected] with
``Patent scam complaint--submission'' in the subject line.
III. Data
OMB Control Number: 0651-0044.
Forms:
PTO/2048A (Complaint Regarding Invention Promoter).
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Individuals and households; Private sector.
Respondent's Obligation: Voluntary.
Frequency: On occasion.
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 (0.50 hours). This includes the time
to gather the necessary information, create the document, and submit
the completed item to the USPTO.
Estimated Total Annual Respondent Burden Hours: 8 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $596.
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\1\ The USPTO uses the mean hourly wage ($57.24) for physical
scientists according to the data from the Bureau of Labor
Statistics' Occupational Employment Statistics program (occupation
code 19-2099)' https://www.bls.gov/oes/current/oes192099.htm).
Table 1--Total Burden Hours and Hourly Costs to Individuals and Households Respondents
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Estimated Responses Estimated annual
Item No. Item annual per Estimated annual Estimated time for Estimated burden Rate \1\ respondent cost
respondents respondent responses response (hours) (hour/year) ($/hour) burden
(a) (b) (a) x (b) = (c) (d)........................ (c) x (d) = (e) (f) (e) x (f) = (g)
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1........ Complaint 12 1 12 0.25 (15 minutes).......... 3 $57.24 $172
Regarding
Invention
Promoters (PTO/
2048A).
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Totals........... 12 ........... 12 ........................... 3 ......... 172
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[[Page 21296]]
Table 2--Total Burden Hours and Hourly Costs to Private Sector Respondents
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Estimated Responses Estimated annual
Item No. Item annual per Estimated annual Estimated time for Estimated burden Rate \2\ respondent cost
respondents respondent responses response (hours) (hour/year) ($/hour) burden
(a) (b) (a) x (b) = (c) (d)........................ (c) x (d) = (e) (f) (e) x (f) = (g)
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2........ Response to the 10 1 10 0.50 (30 minutes).......... 5 $84.84 $424
Complaint.
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Totals........... 10 ........... 10 ........................... 5 ......... 424
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Estimated Total Annual Respondent Non-hourly Cost Burden: $9. There
are no capital start-up costs, maintenance costs, recordkeeping costs,
or filing fees associated with this information collection. However,
the USPTO estimates that the total annual non-hour cost burden for this
information collection, in the form of postage, is $9.
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\2\ The USPTO also uses the mean hourly wage ($84.84) for
lawyers according to the data from the Bureau of Labor Statistics'
Occupational Employment Statistics program (occupation code 23-1011;
https://www.bls.gov/oes/current/oes231011.htm).
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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. The USPTO estimates that
6 complaints will be submitted in the mail. The USPTO estimates that
the average postage cost for a mailed submission, using a First-Class
flat large envelope, will be $1.50. Therefore, the USPTO estimates the
total mailing costs for this information collection is $9.
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 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. The 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 personally
identifiable information (PII) in a comment, be aware that the entire
comment--including PII--may be made publicly available at any time.
While a commenter may ask in a comment to withhold PII from public
view, the USPTO cannot guarantee that it will be able to do so.
Justin Isaac,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2025-08904 Filed 5-16-25; 8:45 am]
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