80 FR 32541 - Patent Review and Derivation Proceedings
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent and Trademark Office Federal Register Volume 80, Issue 110 (June 9, 2015)
Patent and Trademark Office
Patent and Trademark Office
Federal Register Volume 80, Issue 110 (June 9, 2015)
| Page Range | 32541-32543 | |
| FR Document | 2015-14094 |
[Federal Register Volume 80, Number 110 (Tuesday, June 9, 2015)] [Notices] [Pages 32541-32543] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-14094] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office Patent Review and Derivation Proceedings 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- 0069 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 Susan Mitchell, Lead Administrative Patent Judge, Patent Trial and Appeal Board, United States Patent and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313- 1450; by telephone at 571-272-8715; or by email at [email protected] with ``0651- 0069 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 USPTO is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, issue applications as patents. The Leahy-Smith America Invents Act, which was enacted into law on September 16, 2011, provided for many changes to the procedures of the Patent Trial and Appeal Board (``PTAB'' or ``Board'', formerly the Board of Patent Appeals and Interference) procedures. See Public Law 112-29, 125 Stat. 284 (2011). These changes included the introduction of inter partes review, post-grant review, derivation proceedings, and the transitional program for covered business method patents. In 2012, six rulemaking actions were taken to propose and implement new rules of practice for the multiple reviews and proceedings impacted by the items contained within this information collection. This renewal seeks to enable the continuation of the review and proceeding processes outlined in the information collection below. The public will use this information collection to petition the Board to initiate inter partes reviews, post-grant reviews, covered business method patent reviews, and derivation proceedings, as well as initiate other actions, and to ensure that the associated fees and documentation are submitted to the USPTO. II. Method of Collection Electronically if applicants submit the information using the Patent Review Processing System (PRPS). Applicants may be able to submit the information via email if PRPS is unavailable, or by Priority Mail Express[supreg] if both PRPS and the Board's email address are unavailable. III. Data OMB Number: 0651-0069. IC Instruments and Forms: The individual instruments in this collection, as well as their associated forms, are listed in the table below. Type of Review: Revision of a Previously Existing Information Collection Affected Public: Businesses or other for-profit organizations; individuals or households; not-for-profit institutions; Federal Government; and state, local, or tribal governments. Estimated Number of Respondents: The USPTO estimates that this collection will generate approximately 11,349 responses per year. Of this total, the USPTO expects that 11,274 responses will be submitted through an electronic portal such as PRPS and 75 will be submitted on paper. Estimated Time per Response: The USPTO estimates that it will take the public an average of 128.6 hours to complete an individual form in this collection, with estimated response times for individual forms ranging between approximately 6 minutes and approximately 165 hours and 18 minutes (0.10 hours to 165.3 hours) to complete, depending on the situation and collection tool used. 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 Respondent Burden Hours: 1,459,184 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $567,622,576. 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 $567,622,576 per year for the total hourly costs associated with respondents. [[Page 32542]] ---------------------------------------------------------------------------------------------------------------- Estimated IC No. Item Hours Annual Burden (hrs/yr) Rate ($/hr) Responses (a) (b) (a) x (b) = (c) .............. ---------------------------------------------------------------------------------------------------------------- 1..................... Petition for Inter 124.0 1,685 208,940 $389.00 Partes Review. 2..................... Petition for Post- 165.3 181 29,919.3 389.00 Grant Review or Covered Business Method Patent Review. 3..................... Petition for 165.3 3 495.9 389.00 Derivation. 4..................... Patent Owner 91.6 1,109 101,584.4 389.00 Preliminary Response to Petition for Initial Inter Partes Review. 5..................... Patent Owner 91.6 134 12,274.4 389.00 Preliminary Response to Petition for Initial Post-Grant Review or Covered Business Method Patent Review. 6..................... Request for Rehearing 80.0 272 21,760 389.00 7..................... Motions, Replies and 158.0 5,901 932,358 389.00 Oppositions After Institution in Inter Partes Review. 8..................... Motions, Replies and 148.0 665 98,420 389.00 Oppositions After Institution in Post- Grant Review or Covered Business Method Review. 9..................... Motions, Replies and 120.0 7 840 389.00 Oppositions in Derivation Proceeding. 10.................... Request for Oral 18.3 392 7,173.6 389.00 Hearing. 11.................... Request to Treat a 2.0 397 794 389.00 Settlement as Business Confidential. 12.................... Settlement........... 100.0 446 44,600 389.00 13.................... Arbitration Agreement 4.0 2 8 389.00 and Award. 14.................... Request to Make a 1.0 1 1 389.00 Settlement Agreement Available. 15.................... Notice of Judicial 0.1 154 15.4 389.00 Review of a Board Decision (e.g., Notice of Appeal Under 35 U.S.C. Sec. 142). ------------------------------------------------------------------ Totals............ ..................... .............. 11,349 1,459,184 .............. ---------------------------------------------------------------------------------------------------------------- Estimated Total Annual (Non-hour) Respondent Cost Burden: $60,404,425.50. There are no capital start-up or maintenance costs associated with this information collection. However, this collection does have annual (non-hour) costs in the form of filing fees and postage costs. The total annual (non-hour) costs for this collection are calculated in the accompanying tables. Filing Fees The IC items in this collection that contain filing fees are listed in the table below. ---------------------------------------------------------------------------------------------------------------- IC No. Item Responses (yr) Filing fees Total cost (yr) (a) (b) (a) x (b) = (c) ---------------------------------------------------------------------------------------------------------------- 1.......................... Petition for Inter Partes 1,685 $31,400.00 $52,909,000.00 Review. (average) 2.......................... Petition for Post-Grant 181 41,400.00 7,493,400.00 Review or Covered (average) Business Method Patent Review. 3.......................... Petition for Derivation... 3 400.00 1,200.00 14......................... Request to Make a 1 400.00 400.00 Settlement Agreement Available. -------------------------------------------------------- Totals................. .......................... 1,870 ................. 60,404,000.00 ---------------------------------------------------------------------------------------------------------------- Postage Costs Customers may incur postage costs when submitting two of the Information Collection instruments covered by this collection to the USPTO by mail. Only the Petition for Inter Partes Review and the Motions, Replies, and Oppositions After Institution in Inter Partes Review are eligible for paper filings, and only if authorized by the PTAB. The USPTO expects that approximately 99 percent of the responses to those two items will be submitted electronically. Of the remaining 1 percent, the vast majority--98 percent--will be submitted by mail, for a total of 74 mailed submissions. The average first class USPS postage cost for a one-pound mailed submission in a flat rate envelope is $5.75. Therefore, the USPTO estimates that the postage costs for the mailed submissions in this collection will total $425.50. The USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of filing fees ($60,404,000.00) and postage costs ($425.50), is $60,404,425.50 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. [[Page 32543]] 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. 2015-14094 Filed 6-8-15; 8:45 am] BILLING CODE 3510-16-P
![Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices 32541
Frequency: Annually. • Email: InformationCollection@ associated fees and documentation are
Respondent’s Obligation: Required to uspto.gov. Include ‘‘0651–0069 submitted to the USPTO.
obtain or retain benefits. comment’’ in the subject line of the
OMB Desk Officer: Nicholas A. Fraser, II. Method of Collection
message.
email: Nicholas_A._Fraser@ • Federal Rulemaking Portal: http:// Electronically if applicants submit the
omb.eop.gov. www.regulations.gov. information using the Patent Review
Once submitted, the request will be • Mail: Marcie Lovett, Records Processing System (PRPS). Applicants
publicly available in electronic format Management Division Director, Office of may be able to submit the information
through reginfo.gov. Follow the the Chief Information Officer, United via email if PRPS is unavailable, or by
instructions to view Department of States Patent and Trademark Office, Priority Mail Express® if both PRPS and
Commerce collections currently under P.O. Box 1450, Alexandria, VA 22313– the Board’s email address are
review by OMB. 1450. unavailable.
Further information can be obtained
by: FOR FURTHER INFORMATION CONTACT: III. Data
• Email: InformationCollection@ Requests for additional information
uspto.gov. Include ‘‘0651–0061 copy should be directed to Susan Mitchell, OMB Number: 0651–0069.
request’’ in the subject line of the Lead Administrative Patent Judge, IC Instruments and Forms: The
message. Patent Trial and Appeal Board, United individual instruments in this
• Mail: Marcie Lovett, Records States Patent and Trademark Office collection, as well as their associated
Management Division Director, Office of (USPTO), P.O. Box 1450, Alexandria, forms, are listed in the table below.
the Chief Information Officer, United VA 22313– 1450; by telephone at 571– Type of Review: Revision of a
States Patent and Trademark Office, 272–8715; or by email at Previously Existing Information
P.O. Box 1450, Alexandria, VA 22313– susan.mitchell@uspto.gov with ‘‘0651– Collection
1450. 0069 comment’’ in the subject line. Affected Public: Businesses or other
Written comments and Additional information about this for-profit organizations; individuals or
recommendations for the proposed collection is also available at http:// households; not-for-profit institutions;
information collection should be sent on www.reginfo.gov under ‘‘Information Federal Government; and state, local, or
or before July 9, 2015 to Nicholas A. Collection Review.’’ tribal governments.
Fraser, OMB Desk Officer, via email to SUPPLEMENTARY INFORMATION:
Nicholas_A._Fraser@omb.eop.gov, or by Estimated Number of Respondents:
fax to 202–395–5167, marked to the I. Abstract The USPTO estimates that this
attention of Nicholas A. Fraser. collection will generate approximately
The USPTO is required by 35 U.S.C. 11,349 responses per year. Of this total,
Dated: June 1, 2015. 131 and 151 to examine applications the USPTO expects that 11,274
Marcie Lovett, and, when appropriate, issue responses will be submitted through an
Records Management Division Director, applications as patents. The Leahy- electronic portal such as PRPS and 75
USPTO, Office of the Chief Information Smith America Invents Act, which was will be submitted on paper.
Officer. enacted into law on September 16, 2011,
Estimated Time per Response: The
[FR Doc. 2015–14083 Filed 6–8–15; 8:45 am] provided for many changes to the
USPTO estimates that it will take the
BILLING CODE 3510–16–P procedures of the Patent Trial and
public an average of 128.6 hours to
Appeal Board (‘‘PTAB’’ or ‘‘Board’’,
complete an individual form in this
formerly the Board of Patent Appeals
collection, with estimated response
DEPARTMENT OF COMMERCE and Interference) procedures. See Public
times for individual forms ranging
Law 112–29, 125 Stat. 284 (2011). These
Patent and Trademark Office between approximately 6 minutes and
changes included the introduction of
approximately 165 hours and 18
inter partes review, post-grant review,
Patent Review and Derivation minutes (0.10 hours to 165.3 hours) to
derivation proceedings, and the
Proceedings complete, depending on the situation
transitional program for covered
and collection tool used.
ACTION: Proposed collection; comment business method patents. In 2012, six
rulemaking actions were taken to The time per response, estimated
request. annual responses, and estimated annual
propose and implement new rules of
SUMMARY: The United States Patent and practice for the multiple reviews and hour burden associated with each
Trademark Office (USPTO), as part of its proceedings impacted by the items instrument in this information
continuing effort to reduce paperwork contained within this information collection is shown in the table below.
and respondent burden, invites the collection. Estimated Total Annual Respondent
general public and other Federal This renewal seeks to enable the Burden Hours: 1,459,184 hours.
agencies to comment on proposed and/ continuation of the review and Estimated Total Annual Respondent
or continuing information collections, proceeding processes outlined in the (Hourly) Cost Burden: $567,622,576.
as required by the Paperwork Reduction information collection below. The The USPTO expects that attorneys will
Act of 1995, Public Law 104–13 (44 public will use this information complete the instruments associated
U.S.C. 3506(c)(2)(A)). collection to petition the Board to with this information collection. The
DATES: Written comments must be initiate inter partes reviews, post-grant professional hourly rate for an attorney
submitted on or before August 10, 2015. reviews, covered business method is $389. Using this hourly rate, the
tkelley on DSK3SPTVN1PROD with NOTICES
ADDRESSES: Written comments may be patent reviews, and derivation USPTO estimates $567,622,576 per year
submitted by any of the following proceedings, as well as initiate other for the total hourly costs associated with
methods: actions, and to ensure that the respondents.
VerDate Sep<11>2014 17:12 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\09JNN1.SGM 09JNN1](https://thefederalregister.org/doc/80_FR_32651/page/1.svg)
![Federal Register / Vol. 80, No. 110 / Tuesday, June 9, 2015 / Notices 32543
Comments submitted in response to This meeting will be held under the June 18, 2015—Open Hearing: The
this notice will be summarized or provisions of the Federal Advisory Commission will hear verbal comments
included in the request for OMB Committee Act (FACA) of 1972 (5 from Military Associations, not to
approval of this information collection; U.S.C., Appendix, as amended), the exceed thirty minutes, and Public, not
they will also become a matter of public Government in the Sunshine Act of to exceed five minutes and immediately
record. 1976 (5 U.S.C. 552b, as amended), and afterwards the Commission will discuss
Dated: June 1, 2015. 41 CFR 102–3.150. topics raised during the Organizational
and public comments session.
Marcie Lovett, Purpose of Meetings
Records Management Division Director, Meeting Accessibility
USPTO, Office of the Chief Information
During the closed meeting on
Wednesday, June 17, 2015, the In accordance with applicable law, 5
Officer.
Commission will hear classified U.S.C. 552b(c), and 41 CFR 102–3.155,
[FR Doc. 2015–14094 Filed 6–8–15; 8:45 am] the DoD has determined that the portion
testimony from individual witnesses
BILLING CODE 3510–16–P
and engage in discussion on Meeting of the meeting scheduled for
War Plans and Defense Scenario Wednesday, June 17, 2015, from 1:00
Demands for Strategic Transport and p.m. to 6:45 p.m. will be closed to the
DEPARTMENT OF DEFENSE Mobility, Threats to the Homeland, and public. Specifically, the Assistant
Homeland Threat Responses. Deputy Chief Management Officer, with
Office of the Secretary the coordination of the DoD FACA
During the open meeting on
Attorney, has determined in writing that
National Commission on the Future of Thursday, June 18, 2015, the
this portion of the meeting will be
the Army; Notice of Federal Advisory Commission will hear comments from
closed to the public because it will
Committee Meeting several organizations, the Public will
discuss matters covered by 5 U.S.C.
have the opportunity to provide verbal
AGENCY: Department of Defense (DoD), 552b(c)(1).
comments, and immediately afterwards Pursuant to 41 CFR 102–3.140
Deputy Chief Management Officer. the Commission will discuss topics
ACTION: Notice of Federal Advisory through 102–3.165 and the availability
raised during the organizational and of space, the meeting scheduled for June
Committee Meeting. public comment session. 18, 2015 from 8:30 a.m. to 12:50 p.m.at
SUMMARY: The DoD is publishing this Agendas the James Polk Building is open to the
notice to announce two days of public. Seating is limited and pre-
meetings of the National Commission on June 17, 2015—Closed Hearing: The registration is strongly encouraged.
the Future of the Army (‘‘the Commission will hear comments from Media representatives are also
Commission’’). The meetings will be various Government organizations at the encouraged to register. Members of the
partially closed to the public. closed hearing on June 17, 2015, and the media must comply with the rules of
organizations have been asked to photography and video filming in the
DATES: Date of the Closed Meetings:
address: Meeting force requirements James Polk Building. The closest public
Wednesday, June 17, 2015, from 1:00
from the Defense Planning Guidance; parking facility is located in the
p.m. to 6:45 p.m. Date of the Open
guidance for employment of the Force; basement and along the streets. Visitors
Meeting: Thursday, June 18, 2015, from
global force integration matrix; will be required to present one form of
8:30 a.m. to 12:50 p.m.
combatant command integrated photograph identification. Visitors to
ADDRESSES: Address of Closed Meeting, priorities lists; operational plans and
June 17: Rm 5133, Zachary Taylor the James Polk Office Building will be
contingency plans; studies, analysis, screened by a magnetometer, and all
Building, 2530 Crystal Dr., Arlington, assessments, and evaluations of plans,
VA 22202. items that are permitted inside the
programs, and strategies for strategic building will be screened by an x-ray
Address of Open Meeting, June 18: mobility of Army forces from all three
Polk Conference Room, Room 12158, device. Visitors should keep their
components; current threats to the belongings with them at all times. The
James Polk Building 2521 S. Clark St., homeland; regular and reserve
Arlington, VA 22202. following items are strictly prohibited in
components of the Army support the James Polk Office Building: Any
FOR FURTHER INFORMATION CONTACT: Mr. current and anticipated homeland pointed object, e.g., knitting needles and
Don Tison, Designated Federal Officer, defense and disaster assistance missions letter openers (pens and pencils are
National Commission on the Future of in the United States; and Current and permitted.); any bag larger than 18″
the Army, 700 Army Pentagon, Room projected readiness (training levels, wide x 14″ high x 8.5″ deep; electric
3E406, Washington, DC 20310–0700, equipment status, and manning levels). stun guns, martial arts weapons or
Email: dfo.public@ncfa.ncr.gov Desk Speakers include, but are not limited devices; guns, replica guns, ammunition
(703) 692–9099. Facsimile (703) 697– to, representatives from these and fireworks; knives of any size; mace
8242. Government organizations: United and pepper spray; razors and box
SUPPLEMENTARY INFORMATION: Due to States Transportation Command, Office cutters.
circumstances beyond the control of the of the Secretary of Defense’s Cost
Designated Federal Officer and the Assessment and Program Evaluation Written Comments
Department of Defense, the National Office (CAPE), the Federal Bureau of Pursuant to section 10(a)(3) of the
Commission on the Future of the Army Investigation’s National FACA and 41 CFR 102–3.105(j) and
was unable to provide public Counterterrorism Center, US Northern 102–3.140, the public or interested
tkelley on DSK3SPTVN1PROD with NOTICES
notification of its meeting of June 17–18, Command, Fifth U.S. Army, the Deputy organizations may submit written
2015, as required by 41 CFR 102– Assistant Secretary of Homeland comments to the Commission in
3.150(a). Accordingly, the Advisory Defense Integration and Defense response to the stated agenda of the
Committee Management Officer for the Support to Civil Authorities, and the open and/or closed meeting or the
Department of Defense, pursuant to 41 Director, Army National Guard. All Commission’s mission. The Designated
CFR 102–3.150(b), waives the 15- presentations and resulting discussion Federal Officer (DFO) will review all
calendar day notification requirement. are classified. submitted written statements. Written
VerDate Sep<11>2014 17:12 Jun 08, 2015 Jkt 235001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\09JNN1.SGM 09JNN1](https://thefederalregister.org/doc/80_FR_32651/page/3.svg)
Document Created: 2015-12-15 15:25:24
Document Modified: 2015-12-15 15:25:24
| 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 Susan Mitchell, Lead Administrative Patent Judge, Patent Trial and Appeal Board, United States Patent and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313- 1450; by telephone at 571-272-8715; or by email at [email protected] with ``0651- 0069 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 32541 |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR