[Federal Register Volume 91, Number 38 (Thursday, February 26, 2026)]
[Notices]
[Pages 9603-9604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03899]
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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; Post Allowance and Reissue
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) 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 comments on the
information collection renewal of 0651-0033 (Post Allowance and
Reissue), which helps the USPTO assess the impact of its information
collection requirements and minimize the reporting burden on the
public. Public comments were previously requested via the Federal
Register on October 23, 2025, during a 60-day comment period (90 FR
48505). This notice allows for an additional 30 days for public
comments.
DATES: To ensure consideration, you must submit comments regarding this
information collection on or before March 30, 2026.
ADDRESSES: Written comments and recommendations for this information
collection should be submitted within 30 days of the publication of
this notice on the following website, http://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. Do not submit
Confidential Business Information or otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: This information collection request
may be viewed at http://www.reginfo.gov. Follow the instructions to
view the Department of Commerce, USPTO information collections
currently under review by OMB.
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 States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450.
Telephone: Raul Tamayo, Senior Legal Advisor, 571-272-
7728.
SUPPLEMENTARY INFORMATION:
Title: Post Allowance and Reissue.
OMB Control Number: 0651-0033.
Abstract: 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
procedure or 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 of 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 was been a subsequent assignment, may apply for the
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 imperative 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 information in this information collection can be submitted
using the USPTO patent electronic filing system (Patent Center) for
patent applications and related documents.
Forms: (AIA = America Invents Act; SB = Specimen Book; PTOL =
Patent Trademark Official Legal Forms)
PTO/AIA/05 (Reissue Application Declaration by the
Inventor)
PTO/AIA/06 (Reissue Application Declaration by 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 (Reissue Application: Consent of Assignee;
Statement of Non-Assignment)
PTO/SB/44 (Certificate of Correction)
PTO/SB/51 (Reissue Application Declaration by the
Inventor)
PTO/SB/51S (Supplemental Declaration for Reissue Patent
Application to Correct ``Errors'' Statement (37 CFR 1.175)
PTO/SB/52 (Reissue Application Declaration by the
Assignee)
PTO/SB/53 (Reissue Application: Consent of Assignee;
Statement of Non-Assignment)
PTO/SB/56 (Reissue Application Fee Transmittal Form)
PTOL-85 Part B (Fee(s) Transmittal)
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Private sector.
Respondent's Obligation: Required to obtain or retain benefits.
Frequency: On occasion.
Estimated Number of Annual Respondents: 473,710 respondents.
[[Page 9604]]
Estimated Number of Annual Responses: 473,710 responses.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public approximately 30
minutes (0.50 hours) to 5.30 hours to complete. This includes the time
to gather the necessary information, create the document, and submit
the completed item(s) to the USPTO.
Estimated Total Annual Respondent Burden Hours: 392,186 hours.
Estimated Total Annual Respondent Non-Hourly Cost Burden:
$477,308,180. The postage costs have increased since the publication of
the 60-day Federal Register notice, from $10.40 to $12.25 for the
Priority Mail legal flat rate envelope used for mailed submissions. As
a result, the estimated postage costs have increased from $24,638 to
$29,020. This accounts for the additional $4,382 to the estimated total
annual non-hourly cost burden.
Justin Isaac,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2026-03899 Filed 2-25-26; 8:45 am]
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