81_FR_56774 81 FR 56612 - Submission for OMB Review; Comment Request; “Pro Bono Survey”

81 FR 56612 - Submission for OMB Review; Comment Request; “Pro Bono Survey”

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 81, Issue 162 (August 22, 2016)

Page Range56612-56613
FR Document2016-19865

Federal Register, Volume 81 Issue 162 (Monday, August 22, 2016)
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Notices]
[Pages 56612-56613]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19865]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Submission for OMB Review; Comment Request; ``Pro Bono Survey''

    The United States Patent and Trademark Office (USPTO) 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).
    Title: Pro Bono Survey.
    OMB Control Number: 0651--New.
    Form Number(s): N/A.
    Type of Request: Regular.
    Number of Respondents: 20 respondents providing quarterly 
responses, for a total of 80 responses per year.
    Average Hours per Response: 2 hours.
    Burden Hours: 160 hours.
    Cost Burden: $65,600.00
    Needs and Uses: The Leahy-Smith America Invents Act (AIA), Public 
Law 112-29 Sec.  32 (2011) directs the USPTO to work with and support 
intellectual property law associations across the country in the 
establishment of pro bono programs designed to assist financially 
under-resourced independent inventors and small businesses. In support 
of this law, the USPTO, in collaboration with various non-profit 
organizations, has established a series of autonomous regional hubs 
that act as matchmakers to help connect low income inventors with 
volunteer patent attorneys across the United States.
    This information collection will ascertain the effectiveness of 
each individual regional hub with respect to their matchmaking efforts. 
The USPTO has worked with the Pro Bono Advisory Council (PBAC) to 
determine what information is necessary to ascertain the effectiveness 
of each regional pro bono hub's matchmaking operations. PBAC is a well-
established group of patent practitioners and patent pro bono regional 
hub administrators who have committed to provide support and guidance 
to patent pro bono programs across the country. The USPTO is 
responsible for the collection of this information, which is collected 
on a quarterly basis.
    Specifically, the information will allow PBAC and the USPTO to 
ascertain the origination state of applicants, where applicants are 
being referred from, and what portion of applicants are completing and 
returning financial screening applications. Additionally the 
information will help track the number of invention screenings, 
disqualified applicants, corporations/law firms agreeing to accept 
cases, backlog of unmatched applicants, hours donated by lawyer 
referral service panel attorneys, and provisional and non-provisional 
applications filed, all on a quarterly basis. The information will also 
allow PBAC and the USPTO to understand program financial information 
including project cost, and depth of donor support.
    The information, at its highest level, will allow PBAC and the 
USPTO to ascertain whether the regional hubs are matching qualified low 
income inventors with volunteer patent attorneys. It will also help 
establish the total economic benefit derived by low-income inventors in 
the form of donated

[[Page 56613]]

legal services. This information can then be used to promote the 
program to under-resourced inventors and patent practitioners.
    Affected Public: Not-for-profit institutions.
    Frequency: Quarterly.
    Respondent's Obligation: Required to Obtain or Maintain Benefits.
    OMB Desk Officer: Nicholas A. Fraser, email: 
[email protected].
    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], 
[email protected], or [email protected]. Include ``Pro 
Bono Survey copy request'' 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.
    Written comments and recommendations for the proposed information 
collection should be sent on or before September 21, 2016 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: August 16, 2016.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief 
Information Officer.
[FR Doc. 2016-19865 Filed 8-19-16; 8:45 am]
BILLING CODE 3510-16-P



                                                    56612                                    Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices

                                                                                                                                                      Estimated annual                          Filing fee                       Total non-hour cost burden
                                                         IC No.                    Information collection instrument                                      responses                                 ($)                                     (yr)

                                                                                                                                                             (a)                                     (b)                               (a) × (b) = (c)

                                                    9,   10   ............   Utility issue fee (Large entity) ................                                        236,380                                      960.00                   226,924,800.00
                                                    9,   10   ............   Utility issue fee (Small entity) ................                                         57,830                                      480.00                    27,758,400.00
                                                    9,   10   ............   Utility issue fee (Micro entity) ................                                          5,625                                      240.00                     1,350,000.00
                                                    9,   10   ............   Design issue fee (Large entity) ..............                                            15,230                                      560.00                     8,528,800.00
                                                    9,   10   ............   Design issue fee (Small entity) ..............                                            11,150                                      280.00                     3,122,000.00
                                                    9,   10   ............   Design issue fee (Micro entity) ..............                                             2,210                                      140.00                       309,400.00
                                                    9,   10   ............   Plant issue fee (Large entity) .................                                             610                                      760.00                       463,600.00
                                                    9,   10   ............   Plant issue fee (Small entity) .................                                             655                                      380.00                       248,900.00
                                                    9,   10   ............   Plant issue fee (Micro entity) .................                                              10                                      190.00                         1,900.00
                                                    9,   10   ............   Reissue issue fee (Large entity) ............                                                265                                      960.00                       254,400.00
                                                    9,   10   ............   Reissue issue fee (Small entity) ............                                                 90                                      480.00                        43,200.00
                                                    9,   10   ............   Reissue issue fee (Micro entity) ............                                                  5                                      240.00                         1,200.00

                                                          Total .....         ................................................................                        356,625     ............................................              274,394,575.00



                                                      Customers may incur postage costs                                           e.g., permitting electronic submission of                       low income inventors with volunteer
                                                    when submitting the information in this                                       responses.                                                      patent attorneys across the United
                                                    collection by the USPTO by mail. The                                                                                                          States.
                                                                                                                                  Marcie Lovett,                                                     This information collection will
                                                    USPTO estimates that the average first-
                                                                                                                                  Records Management Division Director,                           ascertain the effectiveness of each
                                                    class postage cost for a mailed                                               Office of the Chief Information Officer.
                                                    submission will be 49 cents and that                                                                                                          individual regional hub with respect to
                                                                                                                                  [FR Doc. 2016–19921 Filed 8–19–16; 8:45 am]                     their matchmaking efforts. The USPTO
                                                    approximately 5% submissions will be
                                                    mailed to the USPTO per year, for a
                                                                                                                                  BILLING CODE 3510–16–P                                          has worked with the Pro Bono Advisory
                                                                                                                                                                                                  Council (PBAC) to determine what
                                                    total estimated postage cost of $8,737.19
                                                                                                                                                                                                  information is necessary to ascertain the
                                                    per year.                                                                     DEPARTMENT OF COMMERCE                                          effectiveness of each regional pro bono
                                                      The total annual (non-hour)                                                                                                                 hub’s matchmaking operations. PBAC is
                                                    respondent cost burden for this                                               United States Patent and Trademark
                                                                                                                                                                                                  a well-established group of patent
                                                    collection is estimated to be                                                 Office
                                                                                                                                                                                                  practitioners and patent pro bono
                                                    approximately $274,403,312.19 per                                             Submission for OMB Review;                                      regional hub administrators who have
                                                    year.                                                                         Comment Request; ‘‘Pro Bono Survey’’                            committed to provide support and
                                                                                                                                                                                                  guidance to patent pro bono programs
                                                    IV. Request for Comments                                                                                                                      across the country. The USPTO is
                                                                                                                                     The United States Patent and
                                                       Comments submitted in response to                                          Trademark Office (USPTO) will submit                            responsible for the collection of this
                                                    this notice will be summarized and/or                                         to the Office of Management and Budget                          information, which is collected on a
                                                    included in the request for OMB                                               (OMB) for clearance the following                               quarterly basis.
                                                                                                                                  proposal for collection of information                             Specifically, the information will
                                                    approval. All comments will become a
                                                                                                                                  under the provisions of the Paperwork                           allow PBAC and the USPTO to ascertain
                                                    matter of public record.                                                                                                                      the origination state of applicants,
                                                                                                                                  Reduction Act (44 U.S.C. chapter 35).
                                                       The USPTO is soliciting public                                                Title: Pro Bono Survey.                                      where applicants are being referred
                                                    comments to:                                                                     OMB Control Number: 0651—New.                                from, and what portion of applicants are
                                                       (a) Evaluate whether the proposed                                             Form Number(s): N/A.                                         completing and returning financial
                                                    collection of information is necessary                                           Type of Request: Regular.                                    screening applications. Additionally the
                                                    for the proper performance of the                                                Number of Respondents: 20                                    information will help track the number
                                                    functions of the agency, including                                            respondents providing quarterly                                 of invention screenings, disqualified
                                                    whether the information will have                                             responses, for a total of 80 responses per                      applicants, corporations/law firms
                                                    practical utility; (b) Evaluate the                                           year.                                                           agreeing to accept cases, backlog of
                                                                                                                                     Average Hours per Response: 2 hours.                         unmatched applicants, hours donated
                                                    accuracy of the agency’s estimate of the
                                                                                                                                     Burden Hours: 160 hours.                                     by lawyer referral service panel
                                                    burden of the proposed collection of                                             Cost Burden: $65,600.00                                      attorneys, and provisional and non-
                                                    information, including the validity of                                           Needs and Uses: The Leahy-Smith                              provisional applications filed, all on a
                                                    the methodology and assumptions used;                                         America Invents Act (AIA), Public Law                           quarterly basis. The information will
                                                    (c) Enhance the quality, utility, and                                         112–29 § 32 (2011) directs the USPTO to                         also allow PBAC and the USPTO to
                                                    clarity of the information to be                                              work with and support intellectual                              understand program financial
                                                    collected; and (d) Minimize the burden                                        property law associations across the                            information including project cost, and
                                                    of the collection of information on those                                     country in the establishment of pro                             depth of donor support.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    who are to respond, including through                                         bono programs designed to assist                                   The information, at its highest level,
                                                    the use of appropriate automated,                                             financially under-resourced                                     will allow PBAC and the USPTO to
                                                    electronic, mechanical, or other                                              independent inventors and small                                 ascertain whether the regional hubs are
                                                    technological collection techniques or                                        businesses. In support of this law, the                         matching qualified low income
                                                    other forms of information technology,                                        USPTO, in collaboration with various                            inventors with volunteer patent
                                                                                                                                  non-profit organizations, has established                       attorneys. It will also help establish the
                                                                                                                                  a series of autonomous regional hubs                            total economic benefit derived by low-
                                                                                                                                  that act as matchmakers to help connect                         income inventors in the form of donated


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                                                                                       Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices                                            56613

                                                    legal services. This information can then                     agencies to comment on the extension of               period (six-month period for design
                                                    be used to promote the program to                             a continuing information collection, as               applications) for filing such a
                                                    under-resourced inventors and patent                          required by the Paperwork Reduction                   subsequent application. The
                                                    practitioners.                                                Act of 1995, Public Law 104–13 (44                    information in this collection relates to
                                                       Affected Public: Not-for-profit                            U.S.C. 3506(c)(2)(A)).                                the petitions for restoration that may be
                                                    institutions.                                                 DATES: Written comments must be                       filed in accordance with the revised
                                                       Frequency: Quarterly.                                      submitted on or before October 21,                    rules.
                                                       Respondent’s Obligation: Required to                       2016.                                                    The information in this collection can
                                                    Obtain or Maintain Benefits.                                                                                        be submitted electronically through
                                                       OMB Desk Officer: Nicholas A. Fraser,                      ADDRESSES:   You may submit comments
                                                                                                                  by any of the following methods:                      EFS-Web, the USPTO’s Web-based
                                                    email: Nicholas_A._Fraser@                                                                                          electronic filing system, as well as on
                                                    omb.eop.gov.                                                     • Email: InformationCollection@
                                                                                                                  uspto.gov. Include ‘‘0651–0073                        paper. The USPTO is therefore
                                                       Once submitted, the request will be
                                                                                                                  comment’’ in the subject line of the                  accounting for both electronic and paper
                                                    publicly available in electronic format
                                                                                                                  message.                                              submissions in this collection.
                                                    through reginfo.gov. Follow the
                                                    instructions to view Department of                               • Federal Rulemaking Portal: http://               II. Method of Collection
                                                    Commerce collections currently under                          www.regulations.gov.
                                                                                                                     • Mail: Marcie Lovett, Records                       Electronically if applicants submit the
                                                    review by OMB.
                                                                                                                  Management Division Director, Office of               information using EFS-Web. By mail or
                                                       Further information can be obtained
                                                                                                                  the Chief Information Officer, United                 hand delivery in paper form.
                                                    by:
                                                       • Email: InformationCollection@                            States Patent and Trademark Office,                   III. Data
                                                    uspto.gov, John.Kirkpatrick@uspto.gov,                        P.O. Box 1450, Alexandria, VA 22313–
                                                    or Gautam.Prakash@uspto.gov. Include                          1450.                                                    OMB Number: 0651–0073.
                                                    ‘‘Pro Bono Survey copy request’’ in the                       FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                           Form Number(s): No form numbers.
                                                    subject line of the message.                                  Requests for additional information                      Type of Review: Revision of a
                                                       • Mail: Marcie Lovett, Records                             should be directed to Raul Tamayo,                    currently approved collection.
                                                    Management Division Director, Office of                       Senior Legal Advisor, Office of Patent                   Affected Public: Individuals or
                                                    the Chief Information Officer, United                         Legal Administration, United States                   households; businesses or other for-
                                                    States Patent and Trademark Office,                           Patent and Trademark Office (USPTO),                  profits; and not-for-profit institutions.
                                                    P.O. Box 1450, Alexandria, VA 22313–                          P.O. Box 1450, Alexandria, VA 22313–                     Estimated Number of Respondents:
                                                    1450.                                                         1450; by telephone at 571–272–7728; or                500 responses per year. The USPTO
                                                       Written comments and                                       by email at Raul.Tamayo.uspto.gov with                estimates that 120 responses will be
                                                    recommendations for the proposed                              ‘‘0651–0073 comment’’ in the subject                  received from small entities.
                                                    information collection should be sent on                      line. Additional information about this               Approximately 98% of the total
                                                    or before September 21, 2016 to                               collection is also available at http://               responses for this collection will be
                                                    Nicholas A. Fraser, OMB Desk Officer,                         www.reginfo.gov under ‘‘Information                   submitted electronically.
                                                    via email to Nicholas_A._Fraser@                              Collection Review.’’                                     Estimated Time per Response: The
                                                    omb.eop.gov, or by fax to 202–395–                            SUPPLEMENTARY INFORMATION:                            USPTO estimates it will take
                                                    5167, marked to the attention of                                                                                    approximately 60 minutes (1 hour) to
                                                    Nicholas A. Fraser.                                           I. Abstract                                           complete the information in this
                                                      Dated: August 16, 2016.                                       The Patent Law Treaties                             collection, including the time it takes
                                                    Marcie Lovett,                                                Implementation Act of 2012 (PLTIA)                    for reading the instructions for the
                                                    Records Management Division Director,                         amends the patent laws to implement                   forms, gathering the necessary
                                                    USPTO, Office of the Chief Information                        the provisions of the Patent Law Treaty               information, completing the forms, and
                                                    Officer.                                                      (PLT) in title II. The PLT harmonizes                 submitting them to the USPTO. The
                                                    [FR Doc. 2016–19865 Filed 8–19–16; 8:45 am]                   and streamlines formal procedures                     time per response, estimated annual
                                                    BILLING CODE 3510–16–P                                        pertaining to the filing and processing of            responses, and estimated annual hour
                                                                                                                  patent applications.                                  burden associated with each instrument
                                                                                                                    By a final rule titled ‘‘Changes to                 in this collection are shown in the table
                                                    DEPARTMENT OF COMMERCE                                        Implement the Patent Law Treaty’’ (RIN                below.
                                                                                                                  0651–AC85) and published in the                          Estimated Total Annual Respondent
                                                    Patent and Trademark Office                                   Federal Register on October 21, 2013,                 Burden Hours: 500 hours.
                                                                                                                  the USPTO revised the rules of practice                  Estimated Total Annual Respondent
                                                    Patent Law Treaty                                             for consistency with the changes in the               (Hourly) Cost Burden: $205,000.00. The
                                                    ACTION:      Notice and request for comment.                  PLT and title II of the PLTIA. One                    USPTO expects that attorneys in private
                                                                                                                  notable change pertains to the                        firms will complete these applications.
                                                    SUMMARY:  The United States Patent and                        restoration of the right of priority to a             The professional hourly rate for
                                                    Trademark Office (USPTO), as part of its                      foreign application or the benefit of a               attorneys is $410. Using this hourly rate,
                                                    continuing effort to reduce paperwork                         provisional application in a subsequent               the USPTO estimates that the total
                                                    and respondent burden, invites the                            application filed within two months of                respondent cost burden for this
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    general public and other Federal                              the expiration of the twelve-month                    collection is [AMOUNT] per year.

                                                                                                                                                     Responses           Burden           Rate         Total cost
                                                         IC No.                                   Item                              Hours               (yr)             (hrs/yr)         ($/hr)        burden

                                                                                                                                      (a)                  (b)          (c) (a × b)        (d)        (e) (c × d)

                                                    1 ..................   Petition to Restore the Right of Priority                           1                 250                250     $410.00    $102,500.00
                                                                             under 37 CFR 1.55(b)(2).



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Document Created: 2018-02-09 11:38:05
Document Modified: 2018-02-09 11:38:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation81 FR 56612 

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