80_FR_14964 80 FR 14910 - Post Patent Provisions of the Leahy-Smith America Invents Act

80 FR 14910 - Post Patent Provisions of the Leahy-Smith America Invents Act

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 80, Issue 54 (March 20, 2015)

Page Range14910-14911
FR Document2015-06459

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, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

Federal Register, Volume 80 Issue 54 (Friday, March 20, 2015)
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 14910-14911]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06459]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Post Patent Provisions of the Leahy-Smith America Invents Act

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, Public Law 104-13 (44 U.S.C. 
3506(c)(2)(A)).

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-
0067 Post Patent Provisions of the Leahy-Smith America Invents Act'' 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 United States Patent and Trademark Office (USPTO) is required 
by 35 U.S.C. 131 et seq. to examine an application for patent and, when 
appropriate, issue a patent. The provisions of 35 U.S.C. 301 and 37 CFR 
1.501 govern the ability of a person to submit into the file of an 
issued patent (i) prior art consisting of patents or printed 
publications which that person believes to have a bearing on the 
patentability of any claim of a patent and (ii) written statements of a 
patent owner filed in a proceeding before a Federal court or the USPTO 
in which the patent owner took a position on the scope of any claim of 
the patent.
    The information in this collection can be submitted electronically 
through EFS-Web, the USPTO's web-based electronic filing system, as 
well as on paper. The USPTO therefore accounts for both electronic and 
paper submissions in this collection.

[[Page 14911]]

II. Method of Collection

    Electronically if applicants submit the information using the TEAS 
forms. By mail or hand delivery if applicants choose to submit the 
information in paper form.

III. Data

    OMB Number: 0651-0067.
    IC Instruments: The individual instruments in this collection, as 
well as their associated forms, are listed in the table below.

------------------------------------------------------------------------
                                   Information
            IC No.                 collection             Form(s)
                                   instrument
------------------------------------------------------------------------
1............................  Information          PTO/SB/42.
                                Disclosure
                                Citation in a
                                Patent (paper and
                                electronic).
------------------------------------------------------------------------

    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals or households; businesses or other 
for-profits; and not-for-profit institutions.
    Estimated Responses: The USPTO estimates that it will receive a 
total of 240 responses to this information collection annually, of 
which 60 will be filed by small entities. The USPTO estimates that 230 
of the 240 responses will be filed electronically.
    Estimated Time per Response: The USPTO estimates that it will take 
the public 10 hours to complete the collection of information. This 
includes time to gather the necessary information, create the document, 
and submit the completed request to the USPTO. The USPTO calculates 
that, on balance, it takes the same amount of time to gather the 
necessary information, create the document, and submit it to the USPTO, 
whether the applicant submits the information in paper form or 
electronically.
    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: 2,400 hours.
    Estimated Total Annual Cost Burden (Hourly): $933,600. The USPTO 
expects that attorneys will complete the instruments associated with 
this information collection. The professional hourly rate for attorneys 
is $389. Using this hourly rate, the USPTO estimates $933,600 per year 
for the total hourly costs associated with respondents.

----------------------------------------------------------------------------------------------------------------
                                                           Estimated time
             No.                Information collection      for response     Estimated annual   Estimated annual
                                      instrument             (minutes)          responses         burden hours
                                                                       (a)                (b)    (a) x (b) = (c)
----------------------------------------------------------------------------------------------------------------
1............................  Electronic Information                  600                230              2,300
                                Disclosure Citation in
                                a Patent.
2............................  Information Disclosure                  600                 10                100
                                Citation in a Patent.
                                                        --------------------------------------------------------
    Total....................  ........................  .................                240              2,400
----------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Cost Burden (Non-Hourly): $57.50. There are 
postage costs associated with information disclosure citations in a 
patent. 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 postage 
cost for a mailed one-pound submission will be $5.75 and approximately 
10 submissions will be submitted to the USPTO requiring postage. The 
estimated postage cost for this collection will be $57.50.

----------------------------------------------------------------------------------------------------------------
                                Information collection                                           Total non-hour
             No.                      instrument           Responses (yr)    Postage fee ($)    cost burden (yr)
                                                                       (a)                (b)    (a) x (b) = (c)
----------------------------------------------------------------------------------------------------------------
1............................  Information Disclosure                   10              $5.75             $57.50
                                Citation in a Patent.
                                                        --------------------------------------------------------
    Total....................  ........................                 10  .................              57.50
----------------------------------------------------------------------------------------------------------------

    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection, in the form of postage is $57.50 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. 2015-06459 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
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                                                    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.



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                                                                                              Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices                                                                                                14911

                                                  II. Method of Collection                                                     choose to submit the information in                                              IC Instruments: The individual
                                                                                                                               paper form.                                                                    instruments in this collection, as well as
                                                    Electronically if applicants submit the                                                                                                                   their associated forms, are listed in the
                                                  information using the TEAS forms. By                                         III. Data
                                                                                                                                                                                                              table below.
                                                  mail or hand delivery if applicants                                             OMB Number: 0651–0067.

                                                              IC No.                                                                             Information collection instrument                                                                              Form(s)

                                                  1 .................................   Information Disclosure Citation in a Patent (paper and electronic) ............................................................                                     • PTO/SB/42.



                                                     Type of Review: Revision of a                                             public 10 hours to complete the                                                hour burden associated with each
                                                  currently approved collection.                                               collection of information. This includes                                       instrument in this information
                                                     Affected Public: Individuals or                                           time to gather the necessary                                                   collection is shown in the table below.
                                                  households; businesses or other for-                                         information, create the document, and                                            Estimated Total Annual Hour Burden:
                                                  profits; and not-for-profit institutions.                                    submit the completed request to the                                            2,400 hours.
                                                     Estimated Responses: The USPTO                                            USPTO. The USPTO calculates that, on                                             Estimated Total Annual Cost Burden
                                                  estimates that it will receive a total of                                    balance, it takes the same amount of                                           (Hourly): $933,600. The USPTO expects
                                                  240 responses to this information                                            time to gather the necessary                                                   that attorneys will complete the
                                                  collection annually, of which 60 will be                                     information, create the document, and                                          instruments associated with this
                                                  filed by small entities. The USPTO                                           submit it to the USPTO, whether the                                            information collection. The professional
                                                  estimates that 230 of the 240 responses                                      applicant submits the information in                                           hourly rate for attorneys is $389. Using
                                                  will be filed electronically.                                                paper form or electronically.                                                  this hourly rate, the USPTO estimates
                                                     Estimated Time per Response: The                                            The time per response, estimated                                             $933,600 per year for the total hourly
                                                  USPTO estimates that it will take the                                        annual responses, and estimated annual                                         costs associated with respondents.

                                                                                                                                                                                          Estimated time                 Estimated annual                 Estimated annual
                                                            No.                                         Information collection instrument                                                  for response                      responses                     burden hours
                                                                                                                                                                                             (minutes)

                                                                                                                                                                                                    (a)                              (b)                   (a) x (b) = (c)

                                                  1 ........................   Electronic Information Disclosure Citation in a Patent ...............                                                           600                             230                   2,300
                                                  2 ........................   Information Disclosure Citation in a Patent ................................                                                     600                              10                     100

                                                        Total ..........        .....................................................................................................   ..............................                           240                  2,400



                                                    Estimated Total Annual Cost Burden                                         when submitting the information in this                                        pound submission will be $5.75 and
                                                  (Non-Hourly): $57.50. There are postage                                      collection to the USPTO by mail                                                approximately 10 submissions will be
                                                  costs associated with information                                            through the United States Postal                                               submitted to the USPTO requiring
                                                  disclosure citations in a patent.                                            Service. The USPTO estimates that the                                          postage. The estimated postage cost for
                                                  Customers may incur postage costs                                            average postage cost for a mailed one-                                         this collection will be $57.50.

                                                                                                                                                                                                                                                           Total non-hour
                                                                                                                                                                                             Responses                        Postage fee
                                                            No.                                         Information collection instrument                                                                                                                   cost burden
                                                                                                                                                                                                (yr)                              ($)                            (yr)

                                                                                                                                                                                                    (a)                              (b)                   (a) x (b) = (c)

                                                  1 ........................   Information Disclosure Citation in a Patent ................................                                                       10                         $5.75                   $57.50

                                                        Total ..........        .....................................................................................................                             10     ..............................               57.50



                                                     Therefore, the USPTO estimates that                                       methodology and assumptions used; (c)                                            Dated: March 13, 2015.
                                                  the total annual (non-hour) cost burden                                      ways to enhance the quality, utility, and                                      Marcie Lovett,
                                                  for this collection, in the form of postage                                  clarity of the information to be                                               Records Management Division Director,
                                                  is $57.50 per year.                                                          collected; and (d) ways to minimize the                                        USPTO, Office of the Chief Information
                                                                                                                               burden of the collection of information                                        Officer.
                                                  IV. Request for Comments
                                                                                                                               on respondents, including through the                                          [FR Doc. 2015–06459 Filed 3–19–15; 8:45 am]
                                                     Comments are invited on: (a) Whether                                      use of automated collection techniques
                                                                                                                                                                                                              BILLING CODE 3510–16–P
                                                  the proposed collection of information                                       or other forms of information
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  is necessary for the proper performance                                      technology, e.g., permitting electronic
                                                  of the functions of the agency, including                                    submission of responses.
                                                  whether the information shall have                                             Comments submitted in response to
                                                  practical utility; (b) the accuracy of the                                   this notice will be summarized or
                                                  agency’s estimate of the burden                                              included in the request for OMB
                                                  (including hours and cost) of the                                            approval of this information collection;
                                                  proposed collection of information,                                          they will also become a matter of public
                                                  including the validity of the                                                record.


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Document Created: 2015-12-18 11:34:56
Document Modified: 2015-12-18 11:34:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWritten comments must be submitted on or before May 19, 2015.
ContactRequests 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 Citation80 FR 14910 

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