80 FR 32539 - Matters Related to First Inventor To File
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office Federal Register Volume 80, Issue 110 (June 9, 2015)
United States Patent and Trademark Office
Federal Register Volume 80, Issue 110 (June 9, 2015)
| Page Range | 32539-32540 | |
| FR Document | 2015-14093 |
[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)] [Notices] [Pages 32539-32540] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14093] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE United States Patent and Trademark Office Matters Related to First Inventor To File 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 August 10, 2015. ADDRESSES: Written comments may be submitted by any of the following methods:Email: [email protected]. Include ``0651- 0071 comment'' in the subject line of the message. Federal Rulemaking Portal: http://www.regulations.gov. 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. 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 ``0651-0071 comment'' 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 (AIA) was enacted into law on September 16, 2011. See Public Law 112-29, 125 Stat. 283 (2011). Section 3 of the AIA, inter alia, amended 35 U.S.C. 102 and 103 consistent with the objectives of the AIA, including the conversion of the United States patent system from a ``first to invent'' system to a ``first inventor to file'' system. The changes in section 3 of the AIA went into effect on March 16, 2013, but apply only to certain applications filed on or after March 16, 2013. 37 CFR 1.55(j), 1.78(a)(6) and 1.78(d)(6) require information needed to assist the USPTO in determining whether an application is subject to 35 U.S.C. 102 and 103 as amended by the AIA or 35 U.S.C. 102 and 103 in effect on March 15, 2013. 37 CFR 1.110 requires information needed to identify the inventor, and ownership on the effective filing date, of each claimed invention in an application or patent with more than one named inventor, when necessary for purposes of a USPTO proceeding. 37 CFR 1.130, 1.131, and 1.132 provide for the submission of affidavits or declarations needed (i) to show that a disclosure was by the inventor or joint inventor, or was by a party who obtained the subject matter from the inventor or a joint inventor (1.130), (ii) to show that there was a prior public disclosure by the inventor or a joint inventor, or by a party who obtained the subject matter from the inventor or a joint inventor (1.130), (iii) to establish prior invention or to disqualify a commonly owned patent or published application as prior art (1.131), or (iv) to submit evidence to traverse a rejection or objection on a basis not otherwise provided for (1.132). The USPTO accounts for both electronic and paper submissions in this collection. II. Method of Collection Electronically when using the USPTO online filing system EFS-Web, or by mail, facsimile, or hand delivery. III. Data OMB Number: 0651-0071. IC Instruments and Forms: The individual instruments in this collection, as well as any associated forms, are listed in the hourly cost burden table below. Type of Review: Revision of a Previously Existing Information Collection. Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions. Estimated Number of Respondents: The USPTO estimates that it will receive a total of approximately 50,150 responses per year for this collection, of which approximately 12,538 will be filed by small entities. The USPTO estimates that approximately 48,646 of the responses for this collection will be submitted electronically via EFS- Web. These estimates are based on the Agency's long-standing institutional knowledge of and experience with the type of information collected by these items. Estimated Time per Response: The USPTO estimates that the responses in this collection will take the public from 2 to 10 hours to complete. This includes the time to gather the necessary information, create the document, and submit the completed request to the USPTO. Specifically, the USPTO estimates that: (1) Preparing an affidavit or declaration under 37 CFR 1.130, 1.131, or 1.132 will require, on average, 10 hours; (2) identifying under 37 CFR 1.55(j), 1.78(a)(6), or 1.78(d)(6) whether there is any claim or subject matter not disclosed in the prior foreign, provisional, or non-provisional application will require, on average, 2 hours; and (3) identifying under 37 CFR 1.110 inventorship and ownership of the subject matter of claims will require, on average, 2 hours. 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. These estimates are based on the Agency's long-standing institutional knowledge of and experience with the type of information collected and the length of time necessary to complete responses containing similar or like information. Estimated Total Annual Respondent Burden Hours: 340,300 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $132,376,700. 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 $132,376,700 per year for the total hourly costs associated with respondents. [[Page 32540]] ---------------------------------------------------------------------------------------------------------------- Estimated Information time for Estimated Estimated annual IC No. collection instrument response annual burden hours Rate ($/hr) (minutes) responses (a) (b) (a) x (b)/60 = (c) ---------------------------------------------------------------------------------------------------------------- 1..................... Electronic 120 9,700 19,400 $389.00 Submissions Under 37 CFR 1.55(j). 1..................... Submissions Under 37 120 300 600 389.00 CFR 1.55(j). 2..................... Electronic 120 7,760 15,520 389.00 Submissions Under 37 CFR 1.78(a)(6). 2..................... Submissions Under 37 120 240 480 389.00 CFR 1.78(a)(6). 3..................... Electronic 120 1,940 3,880 389.00 Submissions Under 37 CFR 1.78(d)(6). 3..................... Submissions Under 37 120 60 120 389.00 CFR 1.78(d)(6). 4..................... Electronic 120 146 292 389.00 Identification of Inventorship and Ownership of the Subject Matter of Individual Claims under 37 CFR 1.110. 4..................... Identification of 120 4 8 389.00 Inventorship and Ownership of the Subject Matter of Individual Claims under 37 CFR 1.110. 5..................... Electronic Rule 600 29,100 291,000 389.00 1.130, 1.131, and 1.132 Affidavits or Declarations. 5..................... Rule 1.130, 1.131, 600 900 9,000 389.00 and 1.132 Affidavits or Declarations. ------------------------------------------------------------------ Total............. ..................... .............. 50,150 340,300 .............. ---------------------------------------------------------------------------------------------------------------- Estimated Total Annual (Non-hour) Cost Burden: $8,475.50. The USPTO estimates that the total annualized (non-hour) cost burden for this collection is due to postage costs of $8,475.50 per year. Customers may incur postage costs when submitting some of the items covered by this collection to the USPTO by mail. The USPTO expects that approximately 97 percent of the responses in this collection will be submitted electronically. Of the remaining 3 percent, the vast majority--98 percent--will be submitted by mail, for a total of 1,474 mailed submissions. The average first class USPS postage cost for these items is estimated at $5.75; the cost of a one pound mailed submission in a flat rate envelope. Therefore, the USPTO estimates that the postage costs for the mailed submissions in this collection will total $8,475.50. 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: June 1, 2015. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer. [FR Doc. 2015-14093 Filed 6-8-15; 8:45 am] BILLING CODE 3510-16-P
![Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices 32539
Nicholas_A._Fraser@omb.eop.gov, or by I. Abstract Affected Public: Individuals or
fax to 202 395–5167, marked to the The Leahy-Smith America Invents Act households; businesses or other for-
attention of Nicholas A. Fraser. (AIA) was enacted into law on profits; and not-for-profit institutions.
Dated: June 1, 2015. September 16, 2011. See Public Law Estimated Number of Respondents:
Marcie Lovett, 112–29, 125 Stat. 283 (2011). Section 3 The USPTO estimates that it will
Records Management Division Director, of the AIA, inter alia, amended 35 receive a total of approximately 50,150
USPTO, Office of the Chief Information U.S.C. 102 and 103 consistent with the responses per year for this collection, of
Officer. objectives of the AIA, including the which approximately 12,538 will be
[FR Doc. 2015–14085 Filed 6–8–15; 8:45 am] conversion of the United States patent filed by small entities. The USPTO
BILLING CODE 3510–16–P system from a ‘‘first to invent’’ system estimates that approximately 48,646 of
to a ‘‘first inventor to file’’ system. The the responses for this collection will be
changes in section 3 of the AIA went submitted electronically via EFS-Web.
DEPARTMENT OF COMMERCE into effect on March 16, 2013, but apply These estimates are based on the
only to certain applications filed on or Agency’s long-standing institutional
United States Patent and Trademark after March 16, 2013. knowledge of and experience with the
Office 37 CFR 1.55(j), 1.78(a)(6) and type of information collected by these
1.78(d)(6) require information needed to items.
Matters Related to First Inventor To assist the USPTO in determining
File Estimated Time per Response: The
whether an application is subject to 35 USPTO estimates that the responses in
ACTION: Proposed collection; comment U.S.C. 102 and 103 as amended by the this collection will take the public from
request. AIA or 35 U.S.C. 102 and 103 in effect 2 to 10 hours to complete. This includes
on March 15, 2013. 37 CFR 1.110 the time to gather the necessary
SUMMARY: The United States Patent and requires information needed to identify information, create the document, and
Trademark Office (USPTO), as part of its the inventor, and ownership on the submit the completed request to the
continuing effort to reduce paperwork effective filing date, of each claimed USPTO. Specifically, the USPTO
and respondent burden, invites the invention in an application or patent estimates that: (1) Preparing an affidavit
general public and other Federal with more than one named inventor, or declaration under 37 CFR 1.130,
agencies to comment on proposed and/ when necessary for purposes of a 1.131, or 1.132 will require, on average,
or continuing information collections, USPTO proceeding. 37 CFR 1.130, 10 hours; (2) identifying under 37 CFR
as required by the Paperwork Reduction 1.131, and 1.132 provide for the 1.55(j), 1.78(a)(6), or 1.78(d)(6) whether
Act of 1995, Public Law 104–13 (44 submission of affidavits or declarations there is any claim or subject matter not
U.S.C. 3506(c)(2)(A)). needed (i) to show that a disclosure was disclosed in the prior foreign,
DATES: Written comments must be by the inventor or joint inventor, or was provisional, or non-provisional
submitted on or before August 10, 2015. by a party who obtained the subject application will require, on average, 2
ADDRESSES: Written comments may be
matter from the inventor or a joint hours; and (3) identifying under 37 CFR
submitted by any of the following inventor (1.130), (ii) to show that there 1.110 inventorship and ownership of
methods: was a prior public disclosure by the the subject matter of claims will require,
• Email: InformationCollection@ inventor or a joint inventor, or by a on average, 2 hours. The USPTO
uspto.gov. Include ‘‘0651–0071 party who obtained the subject matter calculates that, on balance, it takes the
comment’’ in the subject line of the from the inventor or a joint inventor same amount of time to gather the
message. (1.130), (iii) to establish prior invention necessary information, create the
• Federal Rulemaking Portal: http:// or to disqualify a commonly owned document, and submit it to the USPTO,
www.regulations.gov. patent or published application as prior whether the applicant submits the
• Mail: Marcie Lovett, Records art (1.131), or (iv) to submit evidence to information in paper form or
Management Division Director, Office of traverse a rejection or objection on a electronically.
the Chief Information Officer, United basis not otherwise provided for (1.132). These estimates are based on the
States Patent and Trademark Office, The USPTO accounts for both Agency’s long-standing institutional
P.O. Box 1450, Alexandria, VA 22313– electronic and paper submissions in this knowledge of and experience with the
1450. collection. type of information collected and the
FOR FURTHER INFORMATION CONTACT: II. Method of Collection length of time necessary to complete
Requests for additional information responses containing similar or like
Electronically when using the USPTO
should be directed to Raul Tamayo, information.
online filing system EFS-Web, or by
Senior Legal Advisor, Office of Patent mail, facsimile, or hand delivery. Estimated Total Annual Respondent
Legal Administration, United States Burden Hours: 340,300 hours.
Patent and Trademark Office, P.O. Box III. Data Estimated Total Annual Respondent
1450, Alexandria, VA 22313–1450; by OMB Number: 0651–0071. (Hourly) Cost Burden: $132,376,700.
telephone at 571–272–7728; or by email IC Instruments and Forms: The The USPTO expects that attorneys will
to Raul.Tamayo@uspto.gov with ‘‘0651– individual instruments in this complete the instruments associated
0071 comment’’ in the subject line. collection, as well as any associated with this information collection. The
Additional information about this forms, are listed in the hourly cost professional hourly rate for attorneys is
collection is also available at http:// burden table below. $389. Using this hourly rate, the USPTO
tkelley on DSK3SPTVN1PROD with NOTICES
www.reginfo.gov under ‘‘Information Type of Review: Revision of a estimates $132,376,700 per year for the
Collection Review.’’ Previously Existing Information total hourly costs associated with
SUPPLEMENTARY INFORMATION: Collection. respondents.
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![32540 Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices
Estimated Estimated
time for Estimated annual Rate
IC No. Information collection instrument annual
response burden hours ($/hr)
responses
(minutes)
(a) (b) (a) × (b)/60 = (c)
1 ................... Electronic Submissions Under 37 CFR 1.55(j) ............... 120 9,700 19,400 $389.00
1 ................... Submissions Under 37 CFR 1.55(j) ................................ 120 300 600 389.00
2 ................... Electronic Submissions Under 37 CFR 1.78(a)(6) ......... 120 7,760 15,520 389.00
2 ................... Submissions Under 37 CFR 1.78(a)(6) .......................... 120 240 480 389.00
3 ................... Electronic Submissions Under 37 CFR 1.78(d)(6) ......... 120 1,940 3,880 389.00
3 ................... Submissions Under 37 CFR 1.78(d)(6) .......................... 120 60 120 389.00
4 ................... Electronic Identification of Inventorship and Ownership 120 146 292 389.00
of the Subject Matter of Individual Claims under 37
CFR 1.110.
4 ................... Identification of Inventorship and Ownership of the Sub- 120 4 8 389.00
ject Matter of Individual Claims under 37 CFR 1.110.
5 ................... Electronic Rule 1.130, 1.131, and 1.132 Affidavits or 600 29,100 291,000 389.00
Declarations.
5 ................... Rule 1.130, 1.131, and 1.132 Affidavits or Declarations 600 900 9,000 389.00
Total ...... .......................................................................................... ........................ 50,150 340,300 ........................
Estimated Total Annual (Non-hour) Comments submitted in response to hours) to complete this information.
Cost Burden: $8,475.50. The USPTO this notice will be summarized or This includes the time to gather the
estimates that the total annualized (non- included in the request for OMB necessary information, create the
hour) cost burden for this collection is approval of this information collection; documents, and submit the completed
due to postage costs of $8,475.50 per they will also become a matter of public request to the USPTO.
year. Customers may incur postage costs record. Burden Hours: 2,749.67.
when submitting some of the items Cost Burden: $22,660.19.
Dated: June 1, 2015.
covered by this collection to the USPTO Needs and Uses: The United States
Marcie Lovett, Patent and Trademark Office (USPTO)
by mail. The USPTO expects that
Records Management Division Director, administers the Trademark Act, 15
approximately 97 percent of the USPTO, Office of the Chief Information
responses in this collection will be U.S.C. 1051 et seq., which provides for
Officer.
submitted electronically. Of the the registration of trademarks, service
[FR Doc. 2015–14093 Filed 6–8–15; 8:45 am]
remaining 3 percent, the vast majority— marks, collective trademarks and
BILLING CODE 3510–16–P collective service marks, collective
98 percent—will be submitted by mail,
for a total of 1,474 mailed submissions. membership marks, and certification
The average first class USPS postage marks. Individuals and businesses that
DEPARTMENT OF COMMERCE use or intend to use such marks in
cost for these items is estimated at
$5.75; the cost of a one pound mailed United States Patent and Trademark commerce may file an application to
submission in a flat rate envelope. Office register their marks with the USPTO.
Therefore, the USPTO estimates that the Individuals and businesses may also
postage costs for the mailed submissions Submission for OMB Review; submit various communications to the
in this collection will total $8,475.50. Comment Request; ‘‘Trademark USPTO, including letters of protest,
Petitions’’ requests to make special, responses to
IV. Request for Comments petition inquiry letters, petitions to
Comments are invited on: The United States Patent and make special, requests to restore a filing
Trademark Office (USPTO) will submit date, and requests for reinstatement.
(a) Whether the proposed collection of
to the Office of Management and Budget The USPTO uses the information
information is necessary for the proper
(OMB) for clearance the following described in this collection to process
performance of the functions of the
proposal for collection of information letters of protest, requests to make
agency, including whether the
under the provisions of the Paperwork special, responses to petition inquiry
information shall have practical utility;
Reduction Act (44 U.S.C. chapter 35). letters, petitions to make special,
(b) the accuracy of the agency’s requests to restore filing date, and
Agency: United States Patent and
estimate of the burden (including hours requests for reinstatement. The
Trademark Office, Commerce.
and cost) of the proposed collection of information is used by the public for a
Title: Trademark Petitions.
information, including the validity of variety of private business purposes
OMB Control Number: 0651–0061.
the methodology and assumptions used; Form Number(s): related to establishing and enforcing
(c) ways to enhance the quality, • N/A. trademark rights. Information relating to
utility, and clarity of the information to Type of Request: Regular. the registration of a trademark is made
be collected; and Number of Respondents: 2,988 per publicly available by the USPTO. The
tkelley on DSK3SPTVN1PROD with NOTICES
(d) ways to minimize the burden of year. release of information in a letter of
the collection of information on Estimated Time per Response: The protest is controlled and may be
respondents, including through the use USPTO estimates that the items in this available upon request only.
of automated collection techniques or collection have an average response Affected Public: Individuals and
other forms of information technology, time of 55 minutes (0.92 hours), and households; Businesses and other for-
e.g., permitting electronic submission of that it will take approximately 35 profit organizations; Not-for-profit
responses. minutes (0.58 hours) to 75 minutes (1.25 institutions.
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Document Created: 2015-12-15 15:25:38
Document Modified: 2015-12-15 15:25:38
| 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 August 10, 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 ``0651-0071 comment'' 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 32539 |
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