81 FR 56613 - Patent Law Treaty
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 81, Issue 162 (August 22, 2016)
Patent and Trademark Office
Federal Register Volume 81, Issue 162 (August 22, 2016)
| Page Range | 56613-56614 | |
| FR Document | 2016-19863 |
[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)] [Notices] [Pages 56613-56614] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-19863] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office Patent Law Treaty ACTION: Notice and request for comment. ----------------------------------------------------------------------- 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 21, 2016. ADDRESSES: You may submit comments by any of the following methods:Email: [email protected]. Include ``0651- 0073 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 (USPTO), P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571- 272-7728; or by email at Raul.Tamayo.uspto.gov with ``0651-0073 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 Patent Law Treaties Implementation Act of 2012 (PLTIA) amends the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II. The PLT harmonizes and streamlines formal procedures pertaining to the filing and processing of patent applications. By a final rule titled ``Changes to Implement the Patent Law Treaty'' (RIN 0651-AC85) and published in the Federal Register on October 21, 2013, the USPTO revised the rules of practice for consistency with the changes in the PLT and title II of the PLTIA. One notable change pertains to the restoration of the right of priority to a foreign application or the benefit of a provisional application in a subsequent application filed within two months of the expiration of the twelve-month period (six-month period for design applications) for filing such a subsequent application. The information in this collection relates to the petitions for restoration that may be filed in accordance with the revised rules. The information in this collection can be submitted electronically through EFS-Web, the USPTO's Web-based electronic filing system, as well as on paper. The USPTO is therefore accounting for both electronic and paper submissions in this collection. II. Method of Collection Electronically if applicants submit the information using EFS-Web. By mail or hand delivery in paper form. III. Data OMB Number: 0651-0073. Form Number(s): No form numbers. Type of Review: Revision of a currently approved collection. Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions. Estimated Number of Respondents: 500 responses per year. The USPTO estimates that 120 responses will be received from small entities. Approximately 98% of the total responses for this collection will be submitted electronically. Estimated Time per Response: The USPTO estimates it will take approximately 60 minutes (1 hour) to complete the information in this collection, including the time it takes for reading the instructions for the forms, gathering the necessary information, completing the forms, and submitting them to the USPTO. The time per response, estimated annual responses, and estimated annual hour burden associated with each instrument in this collection are shown in the table below. Estimated Total Annual Respondent Burden Hours: 500 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $205,000.00. The USPTO expects that attorneys in private firms will complete these applications. The professional hourly rate for attorneys is $410. Using this hourly rate, the USPTO estimates that the total respondent cost burden for this collection is [AMOUNT] per year. -------------------------------------------------------------------------------------------------------------------------------------------------------- Burden (hrs/ Total cost IC No. Item Hours Responses (yr) yr) Rate ($/hr) burden (a) (b) (c) (a x b) (d) (e) (c x d) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1................................... Petition to Restore the Right of 1 250 250 $410.00 $102,500.00 Priority under 37 CFR 1.55(b)(2). [[Page 56614]] 2................................... Petition to Restore the Benefit of 1 250 250 410.00 102,500.00 a Prior-Filed Provisional Application under 37 CFR 1.7(a)(1)(ii). ------------------------------------------------------------------------------- Total............................. .............. 500 500 .............. 205,000.00 -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated Total Annual (Non-hour) Respondent Cost Burden: $748,064.50, based on filing fees and postage costs. Filing Fees There are filing fees associated with this collection. The items with filing fees are listed in the table below. ---------------------------------------------------------------------------------------------------------------- Estimated Total non-hour IC No. Item annual Filing fee ($) cost burden responses ($) (a) (b) (a) x (b) = (c) ---------------------------------------------------------------------------------------------------------------- 1............................... Grantable Petition to Restore 190 $1,700.00 $323,000.00 the Right of Priority under 37 CFR 1.55(b)(2). 2............................... Grantable Petition to Restore 60 850.00 51,000.00 the Right of Priority under 37 CFR 1.55(b)(2)(small entity). 3............................... Grantable Petition to Restore 190 1,700.00 323,000.00 the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(a)(1)(ii). 4............................... Grantable Petition to Restore 60 850.00 51,000.00 the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(a)(1)(ii) (small entity). ----------------------------------------------- Total......................... 500 .............. 748,000.00 ---------------------------------------------------------------------------------------------------------------- The USPTO estimates that the total non-hour cost burden associated with the filing fees for this collection will be $748,000.00 Postage Costs 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 98 percent of the responses in this collection will be submitted electronically. Of the remaining 2 percent, the vast majority (98%) will be submitted by mail, for a total of 10 mailed submissions. The average first class USPS postage cost for a one-pound mailed submission in a flat-rate envelope is $6.45. The USPTO estimates that the postage costs for the mailed submissions in this collection will total $64.50. Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of fees and postage is $748,064.50 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; (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, e.g., the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: August 16th, 2016. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer. [FR Doc. 2016-19863 Filed 8-19-16; 8:45 am] BILLING CODE 3510-16-P
![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 $102,500.00
under 37 CFR 1.55(b)(2).
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![56614 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Notices
Responses Burden Rate Total cost
IC No. Item Hours (yr) (hrs/yr) ($/hr) burden
(a) (b) (c) (a × b) (d) (e) (c × d)
2 .................. Petition to Restore the Benefit of a Prior- 1 250 250 410.00 102,500.00
Filed Provisional Application under 37
CFR 1.7(a)(1)(ii).
Total ........................................................... ........................ 500 500 ........................ 205,000.00
Estimated Total Annual (Non-hour) Filing Fees
Respondent Cost Burden: $748,064.50, There are filing fees associated with
based on filing fees and postage costs. this collection. The items with filing
fees are listed in the table below.
Total
Estimated Filing fee non-hour
IC No. Item annual ($) cost burden
responses ($)
(a) (b) (a) × (b) = (c)
1 ................... Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(b)(2) ... 190 $1,700.00 $323,000.00
2 ................... Grantable Petition to Restore the Right of Priority under 37 CFR 60 850.00 51,000.00
1.55(b)(2)(small entity).
3 ................... Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Applica- 190 1,700.00 323,000.00
tion under 37 CFR 1.78(a)(1)(ii).
4 ................... Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Applica- 60 850.00 51,000.00
tion under 37 CFR 1.78(a)(1)(ii) (small entity).
Total ................................................................................................................... 500 ........................ 748,000.00
The USPTO estimates that the total and cost) of the proposed collection of SUMMARY: The Defense Science Board
non-hour cost burden associated with information; (DSB) and the 2016 DSB Summer Study
the filing fees for this collection will be (c) ways to enhance the quality, Task Force on Capabilities for
$748,000.00 utility, and clarity of the information to Constrained Military Operations (‘‘the
be collected; and Summer Study Task Force’’) will meet
Postage Costs
(d) ways to minimize the burden of in closed session.
Customers may incur postage costs the collection of information on DATES: August 15–19 and 22–24, 2016,
when submitting some of the items respondents, e.g., the use of automated from 8:30 a.m. to 5:00 p.m.; August 25,
covered by this collection to the USPTO collection techniques or other forms of 2016, from 7:00 a.m. to 5:00 p.m.; and
by mail. The USPTO expects that information technology. August 26, 2016, from 8:00 a.m. to 12:00
approximately 98 percent of the Comments submitted in response to p.m.
responses in this collection will be this notice will be summarized or ADDRESSES: Arnold and Mabel Beckman
submitted electronically. Of the included in the request for OMB Center, 100 Academy Drive, Irvine, CA
remaining 2 percent, the vast majority approval of this information collection; 92617.
(98%) will be submitted by mail, for a they also will become a matter of public FOR FURTHER INFORMATION CONTACT: Ms.
total of 10 mailed submissions. The record. Debra Rose, Executive Officer, Defense
average first class USPS postage cost for Dated: August 16th, 2016. Science Board, 3140 Defense Pentagon,
a one-pound mailed submission in a
Marcie Lovett, Room 3B888A, Washington, DC 20301–
flat-rate envelope is $6.45. The USPTO 3140, via email at debra.a.rose20.civ@
estimates that the postage costs for the Records Management Division Director,
USPTO, Office of the Chief Information mail.mil, or via phone at (703) 571–
mailed submissions in this collection Officer. 0084.
will total $64.50.
[FR Doc. 2016–19863 Filed 8–19–16; 8:45 am] SUPPLEMENTARY INFORMATION:
Therefore, the USPTO estimates that
the total annual (non-hour) cost burden BILLING CODE 3510–16–P These meetings are being held under
for this collection, in the form of fees the provisions of the Federal Advisory
and postage is $748,064.50 per year. Committee Act (FACA) of 1972 (5
DEPARTMENT OF DEFENSE U.S.C., Appendix, as amended), the
IV. Request for Comments Government in the Sunshine Act of
asabaliauskas on DSK3SPTVN1PROD with NOTICES
Comments are invited on: Office of the Secretary 1976 (5 U.S.C. 552b, as amended), and
(a) Whether the proposed collection of 41 CFR 102–3.150.
information is necessary for the proper Defense Science Board; Notice of Due to circumstances beyond the
performance of the functions of the Advisory Committee Meetings control of the Designated Federal Officer
agency, including whether the AGENCY: Department of Defense. and the Department of Defense, the
information shall have practical utility; Defense Science Board (DSB) was
ACTION:Notice of Advisory Committee
(b) the accuracy of the agency’s unable to provide the 15-calendar day
Meetings.
estimate of the burden (including hours public notification of subcommittee
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Document Created: 2018-02-09 11:38:05
Document Modified: 2018-02-09 11:38:05
| 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 | Notice and request for comment. | |
| Dates | Written comments must be submitted on or before October 21, 2016. | |
| 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 (USPTO), P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571- 272-7728; or by email at Raul.Tamayo.uspto.gov with ``0651-0073 comment'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' | |
| FR Citation | 81 FR 56613 |
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