80 FR 14909 - Proposed Collection; Comment Request; “Fee Deficiency Submissions”
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office Federal Register Volume 80, Issue 54 (March 20, 2015)
United States Patent and Trademark Office
Federal Register Volume 80, Issue 54 (March 20, 2015)
| Page Range | 14909-14910 | |
| FR Document | 2015-06442 |
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)] [Notices] [Pages 14909-14910] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06442] [[Page 14909]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE United States Patent and Trademark Office Proposed Collection; Comment Request; ``Fee Deficiency Submissions'' AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before May 19, 2015. ADDRESSES: Written comments may be submitted by any of the following methods:Email: [email protected]. Include ``0651- 0070 Fee Deficiency Submissions'' in the subject line of the message. Mail: Marcie Lovett, Records Management Division Director, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450. Federal Rulemaking Portal: http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313- 1450; by telephone at 571-272-7728; or by email at [email protected] with ``Paperwork'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' SUPPLEMENTARY INFORMATION: I. Abstract The Leahy-Smith America Invents Act (``Act'') was enacted into law on September 16, 2011. Public Law 112-29, 125 Stat. 283 (2011). Under section 10(b) of the Act, eligible small entities shall receive a 50 percent fee reduction from the undiscounted fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. The Act further provides that micro entities shall receive a 75 percent fee reduction from the undiscounted fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. This information collection covers the submissions made by patent applicants and patentees to excuse small and micro entity fee payment errors. Specifically, 37 CFR 1.28(c) provides a procedure by which patent applicants and patentees may be excused for erroneous payments of fees in the small entity amount. 37 CFR 1.29(k) provides a procedure by which patent applicants and patentees may be excused for erroneous payments of fees in the micro entity amount. This information collection is necessary so that patent applicants and patentees may pay the balance of fees due (i.e., make a fee deficiency payment) when a fee was previously paid in error in a micro or small entity amount. The USPTO needs the information to be able to process and properly record a fee deficiency payment to avoid questions arising later either for the USPTO or for the applicant or patentee as to whether the proper fees have been paid in the application or patent. II. Method of Collection The items in this collection may be submitted online using EFS-Web, the USPTO's Web-based electronic filing system, or on paper by either mail or hand delivery. III. Data OMB Number: 0651-0070. IC Instruments: The individual instruments in this collection, as well as their associated forms, are listed in the table below. ------------------------------------------------------------------------ Information collection IC No. instrument Form(s) ------------------------------------------------------------------------ 1...................... Submissions Under 37 No form. CFR 1.28 (c). 2...................... Submissions Under 37 No form. CFR 1.29 (k). ------------------------------------------------------------------------ Type of Review: Regular. Affected Public: Businesses or other for-profits; not-for-profit institutions; individuals or households. Estimated Number of Respondents: 3,000 responses per year. Of this total, the USPTO expects that 2,910 responses will be submitted electronically through EFS-Web and 90 will be submitted on paper. Estimated Time per Response: The USPTO estimates that it will take the public approximately 2 hours to submit the information in this collection, including the time to gather the necessary information, prepare the appropriate form or petition, and submit the completed request to the USPTO. The time per response, estimated annual responses, and estimated annual hour burden associated with each instrument in this information collection is shown in the table below. Estimated Total Annual Hour Burden: 6,000 hours. Estimated Total Annual Cost Burden (Hourly): $2,334,000. The USPTO expects that attorneys will complete the instruments associated with this information collection. The professional hourly rate for an attorney is $389. Using this hourly rate, the USPTO estimates $2,334,000 per year for the total hourly costs associated with respondents. -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated time Estimated IC No. Information collection for response annual Estimated annual Rate ($/hr) Total cost ($) instrument (hours) responses burden hours (a) (b) (a) x (b) = (c) (d) (c) x (d) = (e) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1.................................. Submissions Under 37 CFR 2 2,250 4,500 $389.00 $1,750,500.00 1.28(c). 2.................................. Submissions Under 37 CFR 2 750 1,500 389.00 583,500.00 1.29(k). ------------------------------------------------------------------------------------- [[Page 14910]] Total.......................... ............................. .............. 3,000 6,000 .............. 2,334,000.00 -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated Total Annual Cost Burden (Non-Hourly): $504.00. There are no capital startup, maintenance, or operating fees are associated with this collection. There are, however, postage costs associated with this collection. Specifically, customers may incur postage costs when submitting the information in this collection to the USPTO by mail through the United States Postal Service. The USPTO estimates that the average first class postage cost for a mailed one-pound submission will be $5.60 and approximately 90 submissions will be submitted to the USPTO requiring postage. ---------------------------------------------------------------------------------------------------------------- Information collection Total non-hour No. instrument Responses (yr) Postage costs cost burden (yr) (a) (b) (a) x (b) = (c) ---------------------------------------------------------------------------------------------------------------- 1............................ Submissions Under 37 CFR 45 $5.60 $252.00 1.28(c). 2............................ Submissions Under 37 CFR 45 5.60 252.00 1.29(k). -------------------------------------------------------- Total.................... ........................ 90 ................. 504.00 ---------------------------------------------------------------------------------------------------------------- Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of postage costs is $504.00 per year. IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information, including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they will also become a matter of public record. Dated: March 13, 2015. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer. [FR Doc. 2015-06442 Filed 3-19-15; 8:45 am] BILLING CODE 3510-16-P
![14910 Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices
Estimated time Estimated
Information collection Estimated annual Rate Total cost
IC No. for response annual
instrument burden hours ($/hr) ($)
(hours) responses
(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e)
Total ........... ................................................... ........................ 3,000 6,000 ........................ 2,334,000.00
Estimated Total Annual Cost Burden Specifically, customers may incur postage cost for a mailed one-pound
(Non-Hourly): $504.00. There are no postage costs when submitting the submission will be $5.60 and
capital startup, maintenance, or information in this collection to the approximately 90 submissions will be
operating fees are associated with this USPTO by mail through the United submitted to the USPTO requiring
collection. There are, however, postage States Postal Service. The USPTO postage.
costs associated with this collection. estimates that the average first class
Total non-hour
Responses
No. Information collection instrument Postage costs cost burden
(yr) (yr)
(a) (b) (a) × (b) = (c)
1 ........................ Submissions Under 37 CFR 1.28(c) .......................................... 45 $5.60 $252.00
2 ........................ Submissions Under 37 CFR 1.29(k) .......................................... 45 5.60 252.00
Total ........... ..................................................................................................... 90 .............................. 504.00
Therefore, the USPTO estimates that DEPARTMENT OF COMMERCE should be directed to Raul Tamayo,
the total annual (non-hour) cost burden Senior Legal Advisor, Office of Patent
for this collection, in the form of postage United States Patent and Trademark Legal Administration, United States
costs is $504.00 per year. Office Patent and Trademark Office (USPTO),
P.O. Box 1450, Alexandria, VA 22313–
IV. Request for Comments Post Patent Provisions of the Leahy-
1450; by telephone at 571–272–7728; or
Smith America Invents Act
Comments are invited on: (a) Whether by email at Raul.Tamayo@uspto.gov
the proposed collection of information AGENCY: United States Patent and with ‘‘Paperwork’’ in the subject line.
is necessary for the proper performance Trademark Office, Commerce. Additional information about this
of the functions of the agency, including ACTION: Notice. collection is also available at http://
whether the information shall have www.reginfo.gov under ‘‘Information
SUMMARY: The United States Patent and Collection Review.’’
practical utility; (b) the accuracy of the
Trademark Office (USPTO), as part of its
agency’s estimate of the burden SUPPLEMENTARY INFORMATION:
continuing effort to reduce paperwork
(including hours and cost) of the and respondent burden, invites the
proposed collection of information, I. Abstract
general public and other Federal
including the validity of the agencies to comment on proposed and/ The United States Patent and
methodology and assumptions used; (c) or continuing information collections, Trademark Office (USPTO) is required
ways to enhance the quality, utility, and as required by the Paperwork Reduction by 35 U.S.C. 131 et seq. to examine an
clarity of the information to be Act of 1995, Public Law 104–13 (44 application for patent and, when
collected; and (d) ways to minimize the U.S.C. 3506(c)(2)(A)). appropriate, issue a patent. The
burden of the collection of information DATES: Written comments must be provisions of 35 U.S.C. 301 and 37 CFR
on respondents, including through the submitted on or before May 19, 2015. 1.501 govern the ability of a person to
use of automated collection techniques ADDRESSES: Written comments may be submit into the file of an issued patent
or other forms of information submitted by any of the following (i) prior art consisting of patents or
technology, e.g., permitting electronic methods: printed publications which that person
submission of responses. • Email: InformationCollection@ believes to have a bearing on the
Comments submitted in response to uspto.gov. Include ‘‘0651–0067 Post patentability of any claim of a patent
this notice will be summarized or Patent Provisions of the Leahy-Smith and (ii) written statements of a patent
included in the request for OMB America Invents Act’’ in the subject line owner filed in a proceeding before a
approval of this information collection; of the message. Federal court or the USPTO in which
they will also become a matter of public • Mail: Marcie Lovett, Records the patent owner took a position on the
record. Management Division Director, Office of
scope of any claim of the patent.
the Chief Information Officer, United
mstockstill on DSK4VPTVN1PROD with NOTICES
Dated: March 13, 2015. States Patent and Trademark Office, The information in this collection can
Marcie Lovett, P.O. Box 1450, Alexandria, VA 22313– be submitted electronically through
Records Management Division Director, 1450. EFS-Web, the USPTO’s web-based
USPTO, Office of the Chief Information • Federal Rulemaking Portal: http:// electronic filing system, as well as on
Officer. www.regulations.gov. paper. The USPTO therefore accounts
[FR Doc. 2015–06442 Filed 3–19–15; 8:45 am]
FOR FURTHER INFORMATION CONTACT: for both electronic and paper
BILLING CODE 3510–16–P Requests for additional information submissions in this collection.
VerDate Sep<11>2014 20:14 Mar 19, 2015 Jkt 235001 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1](https://thefederalregister.org/doc/80_FR_14963/page/2.svg)
Document Created: 2015-12-18 11:34:51
Document Modified: 2015-12-18 11:34:51
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Written comments must be submitted on or before May 19, 2015. | |
| Contact | Requests for additional information should be directed to Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313- 1450; by telephone at 571-272-7728; or by email at [email protected] with ``Paperwork'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' | |
| FR Citation | 80 FR 14909 |
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