80 FR 57346 - Submission for OMB Review; Comment Request; “Matters Related to First Inventor to File”

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 80, Issue 184 (September 23, 2015)

[Federal Register Volume 80, Number 184 (Wednesday, September 23, 2015)]
[Notices]
[Pages 57346-57347]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24144]


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DEPARTMENT OF COMMERCE

 Patent and Trademark Office


Submission for OMB Review; Comment Request; ``Matters Related to 
First Inventor to File''

    The Department of Commerce will submit to the Office of Management 
and Budget (OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act (44 
U.S.C. Chapter 35).
    Agency: United States Patent and Trademark Office, Commerce.
    Title: Matters Related to First Inventor to File.
    OMB Control Number: 0651-0071.
    Form Number(s): None.
    Type of Request: Regular.
    Number of Respondents: 50,150.
    Average Time per Response: 6.79 hours (between 2 and 10 hours, 
depending upon the instrument used).
    Burden Hours: 340,300.
    Cost Burden: $8,475.50.
    Needs and Uses: This information collection is necessary so that 
patent applicants and/or patentees may: (1) Provide a statement if a 
nonprovisional application filed on or after March 16, 2013, claims the 
benefit of the filing date of a foreign, provisional, or nonprovisional 
application filed prior to March 16, 2013, and also contains, or 
contained at any time, a claim to a claimed invention that has an 
effective filing date on or after March 16, 2013; (2) provide a 
statement if a nonprovisional application filed on or after March 16, 
2013, claims the benefit of the filing date of a foreign, provisional, 
or nonprovisional application filed prior to March 16, 2013, does not 
contain a claim to a claimed invention that has an effective filing 
date on or after March 16, 2013, but discloses subject matter not also 
disclosed in the foreign, provisional, or nonprovisional application; 
(3) 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; 
and (4) 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, or 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.
    The USPTO will use the statement that a nonprovisional application 
filed on or after March 16, 2013, that claims the benefit of the filing 
date of a foreign, provisional, or nonprovisional application filed 
prior to March 16, 2013, contains, or contained at any time, a claim to 
a claimed invention that has an effective filing date on or after March 
16, 2013, or that such application does not contain a claim to a 
claimed invention that has an effective filing date on or after March 
16, 2013, but discloses subject matter not also disclosed in the 
foreign, provisional, or nonprovisional application (or lack of such a 
statement) to readily determine whether the nonprovisional application 
is subject to the changes to 35 U.S.C. 102 and 103 in the AIA. The 
USPTO will use the identification of the inventor, and ownership on the 
effective filing date, when it is necessary to determine whether a U.S. 
patent or U.S. patent application publication resulting from another 
nonprovisional application qualifies as prior art under 35 U.S.C. 
102(a)(2). The USPTO will use information concerning whether 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, or 
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, to determine whether the disclosure 
qualifies as prior art under 35 U.S.C. 102(a)(1) or (a)(2).
    Affected Public: Businesses or other for-profits; not-for-profit 
institutions.
    Frequency: On occasion.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    OMB Desk Officer: Nicholas A. Fraser, email: 
[email protected].

[[Page 57347]]

    Once submitted, the request will be publicly available in 
electronic format through reginfo.gov. Follow the instructions to view 
Department of Commerce collections currently under review by OMB.
    Further information can be obtained by:
     Email: [email protected]. Include ``0651-
0071 copy request'' in the subject line of the message.
     Mail: Joseph Rivera, Deputy Director, Office of 
Information Management Services, United States Patent and Trademark 
Office, P.O. Box 1450, Alexandria, VA 22313-1450.
    Written comments and recommendations for the proposed information 
collection should be sent on or before October 23, 2015 to Nicholas A. 
Fraser, OMB Desk Officer, via email to [email protected], 
or by fax to 202 395-5167, marked to the attention of Nicholas A. 
Fraser.

    Dated: September 15, 2015.
Joseph Rivera,
Deputy Director, Office of Information Management Services, USPTO, 
Office of the Chief Information Officer.
[FR Doc. 2015-24144 Filed 9-22-15; 8:45 am]
 BILLING CODE 3510-16-P