80 FR 14941 - Patent Reexaminations
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 | 14941-14943 | |
| FR Document | 2015-06461 |
[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)] [Notices] [Pages 14941-14943] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-06461] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE United States Patent and Trademark Office Patent Reexaminations AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Proposed collection; comment request. ----------------------------------------------------------------------- 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- 0064 Patent Reexaminations'' 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, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email to [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 and 151 to examine applications and, when appropriate, allow applications and issue them as patents. Chapter 30 of Title 35 U.S.C. provides that any person at any time may file a request for reexamination by the USPTO of any claim of a patent on the basis of prior art patents or printed publications. Once initiated, the reexamination proceedings under Chapter 30 are substantially ex parte and do not permit input from third parties. The rules outlining ex parte reexaminations are found at 37 CFR 1.510-1.570. 35 U.S.C. 257 permits a patent owner to request supplemental examination of a patent by the USPTO to consider, reconsider, or correct information believed to be relevant to the patent. The rules outlining supplemental examination are found at 37 CFR 1.601-1.625. The Leahy-Smith America Invents Act terminated inter partes reexamination effective September 16, 2012. However, inter partes reexamination proceedings based on inter partes reexamination requests filed before September 16, 2012, continue to be prosecuted. Therefore, this collection continues to include items related to the prosecution of inter partes reexamination proceedings. The rules outlining inter partes reexaminations are found at 37 CFR 1.903-1.931. Thus, the items included in this collection cover (i) requests for ex parte reexamination, (ii) requests for supplemental examination, and (iii) information that may be submitted by patent owners and third party requesters in relation to the prosecution of an ex parte or inter partes reexamination proceeding. It should be noted that the Requests for Ex Parte Reexamination and Supplemental Examination are distinct collections from the Request for Ex Parte Reexamination and Supplemental Examination Transmittal Forms, respectively. Whereas the transmittal forms are used by a requester (patent owner or third party) as a checklist to ensure compliance with the requirements of the statutes and rules for ex parte reexaminations and supplemental examinations, the requests themselves represent the substantive analysis undertaken by requesters of ex parte reexamination and supplemental examination. The public uses this information collection to request ex parte reexamination and supplemental examination, to prosecute reexamination proceedings, and to ensure that the associated documentation is submitted to the USPTO. II. Method of Collection By mail, facsimile, hand delivery, or electronically to the USPTO. III. Data OMB Number: 0651-0064. Form Number(s): PTO/SB/57 and PTO/SB/59. Type of Review: Renewal of an existing collection. Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions. Estimated Number of Respondents: 4,170 responses per year. Estimated Time per Response: The USPTO estimates that it will take the public from 0.30 hours (18 minutes) to 55 hours to gather the necessary information, prepare the appropriate [[Page 14942]] form or other documents, and submit the information 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: 95,290 hours. Estimated Total Annual Cost Burden (Hourly): $37,067,810 per year. The USPTO expects that the information in this collection will be prepared by attorneys. Using the professional rate of $389 per hour for attorneys in private firms, the USPTO estimates that the respondent cost burden for this collection will be approximately $37,067,810 per year. -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated IC No. Information collection Estimated time for annual Estimated annual Rate ($/hr) Total cost instrument response responses burden hours (a)........................ (b) (a) x (b) = (c) x (d) = (e) (c) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1............................ Request for Supplemental 18 minutes................. 50 15 $389.00 $5,835 Examination Transmittal Form (PTO/SB/59). 2............................ Request for Supplemental 25 hours................... 50 1,250 389.00 486,250 Examination. 3............................ Request for Ex Parte 18 minutes................. 450 135 389.00 52,515 Reexamination Transmittal Form (PTO/ SB/57). 4............................ Request for Ex Parte 55 hours................... 450 24,750 389.00 9,627,750 Reexamination. 5............................ Petition in a 23 hours................... 1,250 28,750 389.00 11,183,750 Reexamination Proceeding (except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d)). 6............................ Patent Owner's 37 CFR 8 hours.................... 160 1,280 389.00 497,920 1.530 Statement. 7............................ Third Party Requester's 8 hours.................... 50 400 389.00 155,600 37 CFR 1.535 Reply. 8............................ Amendment in Ex Parte or 33 hours................... 700 23,100 389.00 8,985,900 Inter Partes Reexamination. 9............................ Third Party Requester's 41 hours................... 10 410 389.00 159,490 37 CFR 1.947 Comments in Inter Partes Reexamination. 10........................... Response to Final 17 hours................... 400 6,800 389.00 2,645,200 Rejection in Ex Parte Reexamination. 11........................... Patent Owner's 37 CFR 41 hours................... 100 4,100 389.00 1,594,900 1.951 Response in Inter Partes Reexamination. 12........................... Third Party Requester's 41 hours................... 100 4,100 389.00 1,594,900 37 CFR 1.951 Comments in Inter Partes Reexamination. 13........................... Petition to Request 30 minutes................. 400 200 389.00 77,800 Extension of Time in Ex Parte or Inter Partes Reexamination. ------------------------------------------------------------------- Total.................... ........................ ........................... 4,170 95,290 .............. 37,067,810 -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated Total Annual Cost Burden (Non-Hourly): $929.80 per year. There are no capital start-up, recordkeeping, or maintenance costs associated with this information collection. However, this collection does have annual (non-hour) costs in the form of postage costs. Postage The USPTO expects that approximately 95 percent of the responses in this collection will be submitted electronically. Of the remaining 5 percent, the vast majority--98 percent--will be submitted by mail, for a total of 204 mailed submissions. The documentation for requests for supplemental examination and requests for ex parte reexamination will typically be mailed to the USPTO with the appropriate transmittal form, reducing the number of unique mailings to 180. The USPTO estimates that the average postage cost for a mailed submission will be $0.49 cents for Petitions to Request Extension of Time and $5.75 for all other mailed submissions. Therefore, the USPTO estimates a total postage cost of approximately $929.80 per year. The total non-hour respondent cost burden for this collection in the form of postage costs is approximately $929.80 per year. Filing Fees The fees in 0651-0064 were moved into collection 0651-0072 (America Invents Act Section 10 Patent Fee Adjustments). As a result, this collection no longer includes any filing or processing fees. 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 [[Page 14943]] 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. 2015-06461 Filed 3-19-15; 8:45 am] BILLING CODE 3510-16-P
![Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices 14941
Whereas, the Board adopted the SUMMARY: The United States Patent and examination are found at 37 CFR 1.601–
alternative site framework (ASF) (15 Trademark Office (USPTO), as part of its 1.625.
CFR Sec. 400.2(c)) as an option for the continuing effort to reduce paperwork The Leahy-Smith America Invents Act
establishment or reorganization of and respondent burden, invites the terminated inter partes reexamination
zones; general public and other Federal effective September 16, 2012. However,
Whereas, the World Trade Center agencies to comment on proposed and/ inter partes reexamination proceedings
Savannah, LLC, grantee of FTZ 104, or continuing information collections, based on inter partes reexamination
submitted an application to the Board as required by the Paperwork Reduction requests filed before September 16,
(FTZ Docket B–9–2014, docketed 02– Act of 1995, Public Law 104–13 (44 2012, continue to be prosecuted.
04–2014) for authority to expand the U.S.C. 3506(c)(2)(A)). Therefore, this collection continues to
service area of the zone to include the DATES: Written comments must be include items related to the prosecution
Counties of Burke, Candler, Emanuel, submitted on or before May 19, 2015. of inter partes reexamination
Jefferson, Jenkins, Johnson, Laurens, proceedings. The rules outlining inter
Montgomery, Tattnall, Telfair, Toombs, ADDRESSES: Written comments may be
partes reexaminations are found at 37
Treutlen, Washington and Wheeler, as submitted by any of the following
CFR 1.903–1.931.
described in the application, adjacent to methods: Thus, the items included in this
the Savannah Customs and Border • Email: InformationCollection@ collection cover (i) requests for ex parte
Protection port of entry; uspto.gov. Include ‘‘0651–0064 Patent reexamination, (ii) requests for
Whereas, notice inviting public Reexaminations’’ in the subject line of supplemental examination, and (iii)
comment was given in the Federal the message. information that may be submitted by
Register (79 FR 7642–7643, 02–10– • Mail: Marcie Lovett, Records patent owners and third party requesters
2014) and the application has been Management Division Director, Office of in relation to the prosecution of an ex
processed pursuant to the FTZ Act and the Chief Information Officer, United parte or inter partes reexamination
the Board’s regulations; and, States Patent and Trademark Office, proceeding. It should be noted that the
Whereas, the Board adopts the P.O. Box 1450, Alexandria, VA 22313– Requests for Ex Parte Reexamination
findings and recommendations of the 1450. and Supplemental Examination are
examiner’s report (including • Federal Rulemaking Portal: http:// distinct collections from the Request for
addendum), and finds that the www.regulations.gov. Ex Parte Reexamination and
requirements of the FTZ Act and the Supplemental Examination Transmittal
FOR FURTHER INFORMATION CONTACT:
Board’s regulations are satisfied with Forms, respectively. Whereas the
Requests for additional information
regard to expanding the service area of transmittal forms are used by a requester
should be directed to Raul Tamayo,
FTZ 104 to include Candler, Emanuel, (patent owner or third party) as a
Senior Legal Advisor, Office of Patent
Jenkins, Tattnall, Toombs, and Treutlen checklist to ensure compliance with the
Counties, Georgia. Legal Administration, United States
Patent and Trademark Office, P.O. Box requirements of the statutes and rules
Now, therefore, the Board hereby
1450, Alexandria, VA 22313–1450; by for ex parte reexaminations and
orders:
The application to reorganize FTZ 104 telephone at 571–272–7728; or by email supplemental examinations, the
to expand the service area under the to Raul.Tamayo@uspto.gov with requests themselves represent the
ASF is approved with regard to the ‘‘Paperwork’’ in the subject line. substantive analysis undertaken by
inclusion of Candler, Emanuel, Jenkins, Additional information about this requesters of ex parte reexamination
Tattnall, Toombs, and Treutlen collection is also available at http:// and supplemental examination.
Counties, Georgia, subject to the FTZ www.reginfo.gov under ‘‘Information The public uses this information
Act and the Board’s regulations, Collection Review.’’ collection to request ex parte
including Section 400.13, and to the SUPPLEMENTARY INFORMATION:
reexamination and supplemental
Board’s standard 2,000-acre activation examination, to prosecute
I. Abstract reexamination proceedings, and to
limit for the zone.
The United States Patent and ensure that the associated
Signed at Washington, DC, this day of documentation is submitted to the
March 12, 2015. Trademark Office (USPTO) is required
by 35 U.S.C. 131 and 151 to examine USPTO.
Ronald K. Lorentzen,
Acting Assistant Secretary of Commerce for applications and, when appropriate, II. Method of Collection
Enforcement and Compliance, Alternate allow applications and issue them as
By mail, facsimile, hand delivery, or
Chairman, Foreign-Trade Zones Board. patents. Chapter 30 of Title 35 U.S.C.
electronically to the USPTO.
Andrew McGilvray, provides that any person at any time
Executive Secretary. may file a request for reexamination by III. Data
[FR Doc. 2015–06470 Filed 3–19–15; 8:45 am]
the USPTO of any claim of a patent on OMB Number: 0651–0064.
the basis of prior art patents or printed Form Number(s): PTO/SB/57 and
BILLING CODE 3510–DS–P
publications. Once initiated, the PTO/SB/59.
reexamination proceedings under Type of Review: Renewal of an
DEPARTMENT OF COMMERCE Chapter 30 are substantially ex parte existing collection.
and do not permit input from third Affected Public: Individuals or
United States Patent and Trademark parties. The rules outlining ex parte households; businesses or other for-
mstockstill on DSK4VPTVN1PROD with NOTICES
Office reexaminations are found at 37 CFR profits; and not-for-profit institutions.
1.510–1.570. Estimated Number of Respondents:
Patent Reexaminations 35 U.S.C. 257 permits a patent owner 4,170 responses per year.
AGENCY: United States Patent and to request supplemental examination of Estimated Time per Response: The
Trademark Office, Commerce. a patent by the USPTO to consider, USPTO estimates that it will take the
reconsider, or correct information public from 0.30 hours (18 minutes) to
ACTION: Proposed collection; comment
believed to be relevant to the patent. 55 hours to gather the necessary
request.
The rules outlining supplemental information, prepare the appropriate
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![Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices 14943
technology, e.g., permitting electronic Commerce, 14th Street and Constitution Methodology
submission of responses. Avenue NW., Washington, DC 20230;
Comments submitted in response to telephone: (202) 482–3874 or (202) 482– The Department is conducting this
this notice will be summarized or 5973, respectively. CVD investigation in accordance with
included in the request for OMB section 701 of the Act. For each of the
approval of this information collection; Alignment of Final Countervailing Duty subsidy programs found
they will also become a matter of public (CVD) Determination With Final countervailable, we preliminarily
record. Antidumping Duty (AD) Determination determine that there is a subsidy (i.e., a
Dated: March 13, 2015. On the same day the Department financial contribution by an ‘‘authority’’
Marcie Lovett, initiated this CVD investigation, the that gives rise to a benefit to the
Records Management Division Director, Department also initiated a CVD recipient) and that the subsidy is
USPTO, Office of the Chief Information investigation of welded line pipe from specific.4 For a full description of the
Officer. the Republic of Korea (Korea) and AD methodology underlying our
[FR Doc. 2015–06461 Filed 3–19–15; 8:45 am] investigations of welded line pipe from preliminary conclusions, see the
BILLING CODE 3510–16–P Korea and Turkey.1 The CVD and AD Preliminary Decision Memorandum.
investigations cover the same The Preliminary Decision
merchandise. On February 27, 2015, in Memorandum is a public document and
DEPARTMENT OF COMMERCE accordance with section 705(a)(1) of the is on file electronically via Enforcement
Tariff Act of 1930, as amended (Act), the and Compliance’s Antidumping and
International Trade Administration petitioners 2 requested alignment of the Countervailing Duty Centralized
[C–489–823] final CVD determination with the final Electronic Service System (ACCESS).5
AD determination of welded line pipe ACCESS is available to registered users
Welded Line Pipe From the Republic of from Turkey. Therefore, in accordance at http://access.trade.gov, and is
Turkey: Preliminary Affirmative with section 705(a)(1) of the Act and 19 available to all parties in the Central
Countervailing Duty Determination and CFR 351.210(b)(4), we are aligning the Records Unit, room 7046 of the main
Alignment of Final Determination With final CVD determination with the final
Department of Commerce building. In
Final Antidumping Determination AD determination. Consequently, the
addition, a complete version of the
final CVD determination will be issued
AGENCY: Enforcement and Compliance, Preliminary Decision Memorandum can
on the same date as the final AD
International Trade Administration, be accessed directly at http://
determination, which is currently
Department of Commerce. enforcement.trade.gov/frn/. The signed
scheduled to be issued no later than July
SUMMARY: The Department of Commerce 28, 2015, unless postponed. Preliminary Decision Memorandum and
(the Department) preliminarily the electronic versions of the
determines that countervailable Scope of the Investigation Preliminary Decision Memorandum are
subsidies are being provided to The scope of the investigation covers identical in content.
producers and exporters of welded line welded line pipe, which is carbon and
pipe from the Republic of Turkey Preliminary Determination and
alloy steel pipe of a kind used for oil or Suspension of Liquidation
(Turkey). The period of investigation is gas pipelines, not more than 24 inches
January 1, 2013, through December 31, in nominal outside diameter. For a In accordance with section
2013. Interested parties are invited to complete description of the scope of the 703(d)(1)(A)(i) of the Act, we calculated
comment on this preliminary investigation, see Appendix I. a CVD rate for each individually-
determination. investigated producer/exporter of the
DATES: Effective March 20, 2015.
Scope Comments
subject merchandise. For companies not
FOR FURTHER INFORMATION CONTACT: Certain interested parties commented individually investigated, we have
Elizabeth Eastwood or Dennis McClure, on the scope of the investigation as it calculated an ‘‘all others’’ rate as
AD/CVD Operations, Enforcement and appeared in the Initiation Notice. For described below. We preliminarily
Compliance, International Trade discussion of those comments, see the determine the countervailable subsidy
Administration, U.S. Department of Preliminary Decision Memorandum.3 rates to be:
Subsidy rate
Company (percent)
Borusan Istikbal Ticaret, Borusan Mannesmann Boru Sanayi ve Ticaret A.S., Borusan Mannesmann Boru Yatirim Holding A.S.,
and Borusan Holding A.S ................................................................................................................................................................ 8.85
Tosçelik Profil ve Sac Endustrisi A.S., Tosyali Demir Celik Sanayi A.S., Tosyali Dis Ticaret A.S., Tosyali Elektrik Enerjisi Toptan
Satis Ith. Ihr. A.S., and Tosyali Holding A.S.6 ................................................................................................................................. 3.76
1 See Welded Line Pipe From the Republic of Tube Company, TMK IPSCO, and Welspun Tubular of the Act regarding benefit; and section 771(5A) of
Korea and the Republic of Turkey: Initiation of LLC USA. the Act regarding specificity.
3 See Memorandum from Christian Marsh, Deputy
Countervailing Duty Investigations, 79 FR 67419 5 On November 24, 2014, Enforcement and
(November 13, 2014) (Initiation Notice). See also Assistant Secretary for Antidumping and Compliance changed the name of Enforcement and
mstockstill on DSK4VPTVN1PROD with NOTICES
Welded Line Pipe From the Republic of Korea and Countervailing Duty Operations, to Paul Piquado,
Compliance’s AD and CVD Centralized Electronic
the Republic of Turkey: Initiation of Less-Than-Fair- Assistant Secretary for Enforcement and
Compliance, regarding ‘‘Decision Memorandum for Service System (IA ACCESS) to AD and CVD
Value Investigations, 79 FR 68213 (November 14, Centralized Electronic Service System (ACCESS).
the Affirmative Preliminary Determination in the
2014). Countervailing Duty Investigation of Welded Line The Web site location was changed from http://
2 The petitioners in this investigation are
Pipe from the Republic of Turkey,’’ dated iaaccess.trade.gov to http://access.trade.gov. The
American Cast Iron Pipe Company, Energex (a concurrently with this notice (Preliminary Decision Final Rule changing the references to the
division of JMC Steel Group), Maverick Tube Memorandum). Regulations can be found at 79 FR 69046
Corporation, Northwest Pipe Company, Stupp 4 See sections 771(5)(B) and (D) of the Act
(November 20, 2014).’’
Corporation (a division of Stupp Bros., Inc.), Tex- regarding financial contribution; section 771(5)(E)
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Document Created: 2015-12-18 11:34:43
Document Modified: 2015-12-18 11:34:43
| 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 | Proposed collection; comment request. | |
| 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, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email to [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 14941 |
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