81 FR 74773 - Submission for OMB Review; Comment Request; Post Allowance and Refiling

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 81, Issue 208 (October 27, 2016)

[Federal Register Volume 81, Number 208 (Thursday, October 27, 2016)]
[Notices]
[Pages 74773-74774]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25950]


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DEPARTMENT OF COMMERCE

 Patent and Trademark Office


Submission for OMB Review; Comment Request; Post Allowance and 
Refiling

    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).

[[Page 74774]]

    Agency: United States Patent and Trademark Office, Commerce.
    Title: Post Allowance and Refiling.
    OMB Control Number: 0651-0033.
    Form Number(s): PTO/SB/44/50/51/51S/52/53/56/141, PTO/AIA/05/06/07, 
and PTOL-85B.
    Type of Request: Regular.
    Number of Respondents: 379,600 response.
    Estimated Average Hours per Response: The USPTO estimates that it 
will take the public from 12 minutes (0.20 hours) to 5 hours to gather 
the necessary information, prepare the appropriate form or document, 
and submit the information to the USPTO.
    Burden Hours: 207,065 burden hours.
    Cost Burden: $35,734,150.00.
    Needs and Uses: This collection of information encompasses the 
action an applicant must take to submit an issue fee payment to the 
USPTO. The USPTO is required by 35 U.S.C. 131 and 151 to examine 
applications and, when appropriate, allow applications and issue them 
as patents. When an application for a patent is allowed by the USPTO, 
the USPTO issues a notice of allowance and the applicant must pay the 
specified issue fee (including the publication fee, if applicable) 
within three months to avoid abandonment of the application. If the 
appropriate fees are paid within the proper time period, the USPTO can 
then issue the patent. If the fees are not paid within the designated 
time period, the application is abandoned. The rules outlining the 
procedures for payment of the issue fee and issuance of a patent are 
found at 37 CFR 1.18 and 1.311-1.317.
    This collection of information also encompasses several actions 
that may be taken after issuance of a patent. A certificate of 
correction may be requested to correct an error or errors in the 
patent. If the USPTO determines that the request should be approved, 
the USPTO will issue a certificate of correction. For an original 
patent that is believed to be wholly or partly inoperative or invalid, 
the assignee(s) or inventor(s) may apply for reissue of the patent, 
which entails several formal requirements, including provision of an 
oath or declaration specifically identifying at least one error being 
relied upon as the basis for reissue and stating the reason for the 
belief that the original patent is wholly or partially inoperative or 
invalid. The rules outlining these procedures are found at 37 CFR 
1.171-1.178 and 1.322-1.325.
    Frequency: On occasion.
    Respondent's Obligation: Required to Obtain or Retain Benefits.
    OMB Desk Officer: Kimberly Keravuori, email: 
[email protected].
    Once submitted, the request will be publicly available in 
electronic format through www.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-
0073 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 November 28, 2016 to Kimberly 
Keravuori, OMB Desk Officer, via email to 
[email protected], or by fax to 202-395-5167, marked to 
the attention of Kimberly Keravuori.

    Dated: October 20, 2016.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief 
Information Officer.
[FR Doc. 2016-25950 Filed 10-26-16; 8:45 am]
 BILLING CODE 3510-16-P