80 FR 49214 - Invention Promoters/Promotion Firms Complaints
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 80, Issue 158 (August 17, 2015)
Patent and Trademark Office
Federal Register Volume 80, Issue 158 (August 17, 2015)
| Page Range | 49214-49215 | |
| FR Document | 2015-20192 |
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)] [Notices] [Pages 49214-49215] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20192] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office Invention Promoters/Promotion Firms Complaints 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 the extension of a continuing information collection, 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 October 16, 2015. ADDRESSES: Written comments may be submitted by any of the following methods:Email: [email protected]. Include ``0651- 0044 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 Cathie Kirik, Mail Stop 24, Commissioner for Patents, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-8040; or by email at [email protected] with ``0651-0044 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 Under the Inventors' Rights Act of 1999, as found in 35 U.S.C. 297 and implemented by 37 CFR part 4, the United States Patent and Trademark Office (USPTO) is required to provide a forum for the publication of complaints concerning invention promoters and responses from the invention promoters to these complaints. An individual may submit a complaint concerning an invention promoter to the USPTO, which will forward the complaint to the invention promoter for response. The complaints and responses will be published and made available to the public on the USPTO Web site. The USPTO does not investigate these complaints or participate in any legal proceedings against invention promoters or promotion firms. Complaints submitted to the USPTO must (1) identify the name and address of the complainant and the invention promoter or promotion firm; (2) explain the basis for the complaint; and (3) include the signature of the complainant. The identifying information is necessary so that the USPTO can both forward the complaint to the invention promoter or promotion firm as well as notify the complainant that the complaint has been forwarded. Complainants should understand that the complaints will be forwarded to the invention promoter for response and that the complaint and response will be made available to the public as required by the Inventors' Rights Act. If the USPTO does not receive a response from the invention promoter, the complaint will still be published without the response. The USPTO does not accept complaints under this program if the complainant requests confidentiality. This information collection includes one form, Complaint Regarding Invention Promoter (PTO/SB/2048A), which is used by the public to submit a complaint under this program. This form is available for download from the USPTO Web site. Use of this form is not mandatory, and the complainant may submit their complaint without the form via any of the approved methods of collection as long as the complainant includes the necessary information and the submission is clearly marked as a complaint filed under the Inventors' Rights Act. There is no associated form for submitting responses to the complaints. II. Method of Collection By mail, facsimile, or hand delivery to the USPTO. III. Data OMB Number: 0651-0044. 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: Individuals or households; businesses or other for-profits; and not-for-profit institutions. Estimated Number of Respondents: 50 responses per year. Of this total, the USPTO expects that 100% will be submitted on paper. Estimated Time per Response: The USPTO estimates that it will take the public approximately 15 minutes (0.25 hours) to gather the necessary information, prepare the form, and submit a complaint to the USPTO and approximately 30 minutes (0.5 hours) for an invention promoter or promotion firm to prepare and submit a response to a complaint. Estimated Total Annual Hour Burden: 17.5 hours. Estimated Total Annual Cost Burden (Hourly): $3,026.25. The USPTO expects that complaints will be prepared by paraprofessionals or independent inventors. Using the average of the paraprofessional rate of $125 per hour and the estimated rate of $30 per hour for independent inventors, the USPTO estimates that the average rate for preparing the complaints will be approximately $77.50 per hour. The USPTO expects that the responses to the complaints will be prepared by attorneys or invention promoters. Using the average of the professional rate of $389 per hour for attorneys in private firms and the estimated rate of $100 per hour for invention promoters, the USPTO estimates that the average rate for preparing the responses to the complaints will be approximately $244.50 per hour. The time per response, estimated annual responses, and estimated annual hour burden associated with each instrument in this information collection is shown in the table below. [[Page 49215]] -------------------------------------------------------------------------------------------------------------------------------------------------------- Total cost ($/ IC No. Item Hours Responses (yr) Burden (hrs/yr) Rate ($/hr) yr) .............................. (a) (b) (c) = (a) x (b) (d) (e) = (c) x (d) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1.................................. Complaint Regarding Invention 0.25 30 7.5 $77.50 $581.25 Promoter (PTO/SB/2048). 2.................................. Responses to the Complaints... 0.50 20 10 224.50 2,445.00 ------------------------------------------------------------------------------------ Totals......................... .............................. ............... 50 17.5 ............... 3,026.25 -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated Total Annual Cost Burden (Non-Hourly): $493.70. There are no capital startup, maintenance, or operating fees associated with this collection, nor are there filing or processing fees. There is, however, a non-hourly cost burden associated with this collection in the form of postage costs. For this collection, it is estimated that 30 complaints will be received by mail. The USPTO estimates that the first-class postage cost for a mailed complaint will be $0.49. Promotion firms may choose to send responses to complaints using overnight mail service at an estimated cost of $23.95 per response. The USPTO estimates that it will receive 20 responses to complaints. Therefore, the total postage cost associated with this collection will be approximately $493.70. As there are no other annual (non-hourly) costs associated with this collection, the USPTO therefore estimates that the total annual (non-hourly) cost burden for this collection, in the form of postage costs, is $493.70 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: August 6, 2015. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer. [FR Doc. 2015-20192 Filed 8-14-15; 8:45 am] BILLING CODE 3510-16-P
![49214 Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices
Special Accommodations information about this collection is also Rights Act. There is no associated form
The meeting is physically accessible available at http://www.reginfo.gov for submitting responses to the
to people with disabilities. Requests for under ‘‘Information Collection Review.’’ complaints.
sign language interpretation or other SUPPLEMENTARY INFORMATION:
II. Method of Collection
auxiliary aids should be directed to Mr. I. Abstract
Kris Kleinschmidt at (503) 820–2280, By mail, facsimile, or hand delivery to
extension 425 at least 5 days prior to the Under the Inventors’ Rights Act of the USPTO.
meeting date. 1999, as found in 35 U.S.C. 297 and
implemented by 37 CFR part 4, the III. Data
Dated: August 12, 2015. United States Patent and Trademark OMB Number: 0651–0044.
Tracey L. Thompson, Office (USPTO) is required to provide a IC Instruments and Forms: The
Acting Deputy Director, Office of Sustainable forum for the publication of complaints individual instruments in this
Fisheries, National Marine Fisheries Service. concerning invention promoters and collection, as well as their associated
[FR Doc. 2015–20204 Filed 8–14–15; 8:45 am] responses from the invention promoters forms, are listed in the table below.
BILLING CODE 3510–22–P to these complaints. An individual may Type of Review: Revision of a
submit a complaint concerning an Previously Existing Information
invention promoter to the USPTO, Collection.
DEPARTMENT OF COMMERCE which will forward the complaint to the Affected Public: Individuals or
invention promoter for response. The households; businesses or other for-
Patent and Trademark Office complaints and responses will be profits; and not-for-profit institutions.
published and made available to the Estimated Number of Respondents: 50
Invention Promoters/Promotion Firms public on the USPTO Web site. The
Complaints responses per year. Of this total, the
USPTO does not investigate these USPTO expects that 100% will be
ACTION: Proposed collection; comment complaints or participate in any legal submitted on paper.
request proceedings against invention Estimated Time per Response: The
promoters or promotion firms. USPTO estimates that it will take the
SUMMARY: The United States Patent and Complaints submitted to the USPTO
public approximately 15 minutes (0.25
Trademark Office (USPTO), as part of its must (1) identify the name and address
hours) to gather the necessary
continuing effort to reduce paperwork of the complainant and the invention
information, prepare the form, and
and respondent burden, invites the promoter or promotion firm; (2) explain
submit a complaint to the USPTO and
general public and other Federal the basis for the complaint; and (3)
approximately 30 minutes (0.5 hours)
agencies to comment on the extension of include the signature of the
for an invention promoter or promotion
a continuing information collection, as complainant. The identifying
firm to prepare and submit a response
required by the Paperwork Reduction information is necessary so that the
USPTO can both forward the complaint to a complaint.
Act of 1995, Public Law 104–13 (44 Estimated Total Annual Hour Burden:
U.S.C. 3506(c)(2)(A)). to the invention promoter or promotion
firm as well as notify the complainant 17.5 hours.
DATES: Written comments must be Estimated Total Annual Cost Burden
submitted on or before October 16, that the complaint has been forwarded.
Complainants should understand that (Hourly): $3,026.25. The USPTO expects
2015. that complaints will be prepared by
the complaints will be forwarded to the
ADDRESSES: Written comments may be invention promoter for response and paraprofessionals or independent
submitted by any of the following that the complaint and response will be inventors. Using the average of the
methods: made available to the public as required paraprofessional rate of $125 per hour
• Email: InformationCollection@ by the Inventors’ Rights Act. If the and the estimated rate of $30 per hour
uspto.gov. Include ‘‘0651–0044 USPTO does not receive a response for independent inventors, the USPTO
comment’’ in the subject line of the from the invention promoter, the estimates that the average rate for
message. complaint will still be published preparing the complaints will be
• Federal Rulemaking Portal: http:// without the response. The USPTO does approximately $77.50 per hour.
www.regulations.gov. not accept complaints under this The USPTO expects that the
• Mail: Marcie Lovett, Records program if the complainant requests responses to the complaints will be
Management Division Director, Office of confidentiality. prepared by attorneys or invention
the Chief Information Officer, United This information collection includes promoters. Using the average of the
States Patent and Trademark Office, one form, Complaint Regarding professional rate of $389 per hour for
P.O. Box 1450, Alexandria, VA 22313– Invention Promoter (PTO/SB/2048A), attorneys in private firms and the
1450. which is used by the public to submit estimated rate of $100 per hour for
FOR FURTHER INFORMATION CONTACT: a complaint under this program. This invention promoters, the USPTO
Requests for additional information form is available for download from the estimates that the average rate for
should be directed to Cathie Kirik, Mail USPTO Web site. Use of this form is not preparing the responses to the
Stop 24, Commissioner for Patents, mandatory, and the complainant may complaints will be approximately
United States Patent and Trademark submit their complaint without the form $244.50 per hour. The time per
Office, P.O. Box 1450, Alexandria, VA via any of the approved methods of response, estimated annual responses,
mstockstill on DSK4VPTVN1PROD with NOTICES
22313–1450; by telephone at 571–272– collection as long as the complainant and estimated annual hour burden
8040; or by email at Cathie.Kirik@ includes the necessary information and associated with each instrument in this
uspto.gov with ‘‘0651–0044 comment’’ the submission is clearly marked as a information collection is shown in the
in the subject line. Additional complaint filed under the Inventors’ table below.
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![Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Notices 49215
Responses Burden Rate Total cost
IC No. Item Hours (yr) (hrs/yr) ($/hr) ($/yr)
(a) (b) (c) = (a) × (b) (d) (e) = (c) × (d)
1 ........................ Complaint Regarding Invention 0.25 30 7.5 $77.50 $581.25
Promoter (PTO/SB/2048).
2 ........................ Responses to the Complaints .... 0.50 20 10 224.50 2,445.00
Totals ......... ................................................ .......................... 50 17.5 .......................... 3,026.25
Estimated Total Annual Cost Burden Dated: August 6, 2015. The USPTO has developed two
(Non-Hourly): $493.70. There are no Marcie Lovett, application forms that applicants can
capital startup, maintenance, or Records Management Division Director, use to apply for participation in the
operating fees associated with this USPTO, Office of the Chief Information Patents for Humanity Program—one
collection, nor are there filing or Officer. application covers the humanitarian
processing fees. There is, however, a [FR Doc. 2015–20192 Filed 8–14–15; 8:45 am] uses of technologies or products and the
non-hourly cost burden associated with BILLING CODE 3510–16–P other application covers humanitarian
this collection in the form of postage research. Applicants may optionally
costs. provide contact information for the
For this collection, it is estimated that DEPARTMENT OF COMMERCE public to reach them with any inquiries.
30 complaints will be received by mail. Additionally, applicants may provide
The USPTO estimates that the first-class Patent and Trademark Office non-public contact information by email
postage cost for a mailed complaint will to the USPTO in order to be notified
Submission for OMB Review;
be $0.49. Promotion firms may choose about their award status. Applications
Comment Request; ‘‘Patents for
to send responses to complaints using must be submitted electronically as
Humanity Program’’
overnight mail service at an estimated described at http://www.uspto.gov/
cost of $23.95 per response. The USPTO The Department of Commerce will patentsforhumanity. Complete
estimates that it will receive 20 submit to the Office of Management and submitted applications will be available
responses to complaints. Therefore, the Budget (OMB) for clearance the on the public Web site after being
total postage cost associated with this following proposal for collection of screened for inappropriate material.
collection will be approximately information under the provisions of the The applications are reviewed by
$493.70. As there are no other annual Paperwork Reduction Act (44 U.S.C. external judges working independently.
(non-hourly) costs associated with this Chapter 35). A selection committee composed of
collection, the USPTO therefore Agency: United States Patent and representatives from other federal
estimates that the total annual (non- Trademark Office, Commerce. agencies and laboratories will make
hourly) cost burden for this collection, Title: Patents for Humanity Program. recommendations for the awards based
in the form of postage costs, is $493.70 OMB Control Number: 0651–0066. on the judges’ reviews. Those applicants
per year. Form Number(s): who are selected for an award will
• PTO/PFH/001 receive a certificate redeemable to
IV. Request for Comments
• PTO/PFH/002 accelerate select matters before the
Comments are invited on: • PTO/SB/431 USPTO and public recognition of their
(a) Whether the proposed collection of Type of Request: Regular. efforts, including an awards ceremony
information is necessary for the proper Number of Respondents: 110 at the USPTO. The certificates can be
performance of the functions of the responses per year. redeemed to accelerate one of the
agency, including whether the Average Minutes per Response: 60 following matters: an ex parte
information shall have practical utility; minutes (attorney) or 180 minutes reexamination proceeding, including
(b) the accuracy of the agency’s (paralegal) for the Humanitarian one appeal to the Patent Trial and
estimate of the burden (including hours Program Application, and 60 minutes Appeal Board (PTAB) from that
and cost) of the proposed collection of for the Petition to Extend the proceeding; a patent application,
information, including the validity of Redemption Period of the Humanitarian including one appeal to the PTAB from
the methodology and assumptions used; Awards Certificate. that application; or an appeal to the
(c) ways to enhance the quality, Burden Hours: 410. PTAB of a claim twice rejected in a
utility, and clarity of the information to Cost Burden: $0. patent application or reissue application
be collected; and or finally rejected in an ex parte
(d) ways to minimize the burden of Needs and Uses reexamination, without accelerating the
the collection of information on The Patents for Humanity Program is underlying matter which generated the
respondents, including through the use designed to incentivize the distribution appeal. The certificates cannot be
of automated collection techniques or of patented technologies or products to transferred to other parties.
other forms of information technology, address humanitarian needs, and is Affected Public: Individuals or
mstockstill on DSK4VPTVN1PROD with NOTICES
e.g., permitting electronic submission of open to any patent owners or patent households, businesses or other for-
responses. licensees, including inventors who have profits; not-for-profit institutions.
Comments submitted in response to not assigned their ownership rights to Frequency: Annually.
this notice will be summarized or others, assignees, and exclusive or non- Respondent’s Obligation: Required to
included in the request for OMB exclusive licensees. Applications are obtain or retain benefits.
approval of this information collection; considered in five categories: Medicine, OMB Desk Officer: Nicholas A. Fraser,
they will also become a matter of public Nutrition, Sanitation, Household email: Nicholas_A._Fraser@
record. Energy, and Living Standards. omb.eop.gov.
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Document Created: 2015-12-15 11:06:32
Document Modified: 2015-12-15 11:06:32
| 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 October 16, 2015. | |
| Contact | Requests for additional information should be directed to Cathie Kirik, Mail Stop 24, Commissioner for Patents, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-8040; or by email at [email protected] with ``0651-0044 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 49214 |
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