82 FR 11017 - Patent Trial and Appeal Board (PTAB) Actions
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 82, Issue 32 (February 17, 2017)
Patent and Trademark Office
Federal Register Volume 82, Issue 32 (February 17, 2017)
| Page Range | 11017-11019 | |
| FR Document | 2017-03195 |
[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)] [Notices] [Pages 11017-11019] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03195] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office Patent Trial and Appeal Board (PTAB) Actions ACTION: Proposed collection; comment request. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), invites comments on a proposed extension of an existing information collection: Patent Trial and Appeal Board (PTAB) Actions. DATES: Written comments must be submitted on or before April 18, 2017. ADDRESSES: You may submit comments by any of the following methods:Email: [email protected]. Include ``0651- 0063 comment'' 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. Federal Rulemaking Portal: http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Linda Horner, Administrative Patent Judge, Patent Trial and Appeal Board, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-9797; or by email to [email protected]. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' SUPPLEMENTARY INFORMATION: I. Abstract The Patent Trial and Appeal Board (PTAB or Board) is established by statute under 35 U.S.C. 6. This statute directs, in relevant part, that PTAB shall ``on written appeal of an applicant, review adverse decisions of examiners upon applications for patents pursuant to section 134(a).'' PTAB has the authority, under 35 U.S.C. 134 and 306 to decide appeals in applications and ex parte reexamination proceedings, and under pre-AIA sections of the Patent Act, i.e., 35 U.S.C. 134 and 315, to decide appeals in inter partes reexamination proceedings. In addition, 35 U.S.C. 6 establishes the membership of PTAB as the Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the Administrative Patent Judges. Each appeal is decided by a merits panel of at least three members of the Board. The Board's responsibilities under the statute include the review of ex parte appeals from adverse decisions of examiners in those situations where a written appeal is taken by a dissatisfied applicant or patent owner. In inter partes reexamination appeals, PTAB reviews examiner's decisions adverse to a patent owner or a third-party requester. PTAB's opinions and decisions for publicly available files are published on the USPTO Web site. There are no forms associated with these items. However, they are governed by rules in Part 41. Failure to comply with the appropriate rule may result in dismissal of the appeal or denial of entry of the paper. II. Method of Collection By mail, hand delivery, or facsimile when an applicant files a brief, petition, amendment, or request. These papers can also be filed as attachments through EFS-Web. III. Data OMB Number: 0651-0063. Form Number(s): None. Type of Review: Revision of a currently approved collection. Affected Public: Individuals or households, businesses or other for profits, non-profit institutions, and the Federal Government. Estimated Number of Respondents: 23,660 responses per year. The USPTO estimates that approximately 25% (5,915) of these responses will be from small entities and approximately 5% (1,183) of these responses will be from micro entities. The USPTO also estimates that approximately 93% (22,004) of the briefs, requests, petitions, and amendments will be filed electronically. Estimated Time per Response: The USPTO estimates that it takes the public approximately 2 to 32 hours to complete this information, depending on the complexity of the request. This includes the time to gather the necessary information, prepare the brief, petition, and other papers, and submit the completed request to the USPTO. The USPTO calculates that, on balance, it takes the same amount of time to gather the necessary information, prepare the brief, petition, and other papers, and submit it to the USPTO, whether the applicant submits it in paper form or electronically. Estimated Total Annual Respondent Burden Hours: 555,098 hours per year. Estimated Total Annual Respondent Cost Burden: $227,590,180 per year. The USPTO expects that all of the information in this collection will be prepared by an attorney. Using the professional hourly rate of $410 for attorneys in private firms, the USPTO estimates that the total respondent cost burden for this collection is $227,590,180 per year. [[Page 11018]] ---------------------------------------------------------------------------------------------------------------- Estimated time Estimated Estimated IC # Item for response annual annual burden Rate ($/hr) (hours) responses hours ---------------------------------------------------------------------------------------------------------------- 1.......................... Amendment.......... 2 19 38 $410 1.......................... Electronic 2 248 496 410 Amendment. 2.......................... Appeal Brief....... 32 1,135 36,320 410 2.......................... Electronic Appeal 32 15,077 482,464 410 Brief. 3.......................... Reply Brief........ 5 463 2,315 410 3.......................... Electronic Reply 5 6,151 30,755 410 Brief. 4.......................... Request for 5 31 155 410 Rehearing Before the PTAB. 4.......................... Electronic Request 5 411 2,055 410 for Rehearing Before the PTAB. 5.......................... Petitions to the 4 9 36 410 Chief Administrative Patent Judge Under 37 CFR 41.3. 5.......................... Electronic 4 116 464 410 Petitions to the Chief Administrative Patent Judge Under 37 CFR 41.3. --------------------------------------------------------------- Total.................. ................... .............. 23,660 555,098 .............. ---------------------------------------------------------------------------------------------------------------- Estimated Total Annual Non-Hour Respondent Cost Burden: $46,049,937.65 per year ($46,039,250 in fees and $10,687.50 in postage costs). There are no maintenance, operation, capital start-up, or recordkeeping costs associated with this information collection. However, this collection does have annual (non-hour) costs in the form of postage costs and fees, which are listed in the tables below. ---------------------------------------------------------------------------------------------------------------- Annual IC # Item estimated Fee ($) Total cost ($) responses ---------------------------------------------------------------------------------------------------------------- 1.................................. Filing a Brief in Support 16,202 $0.00 $0.00 of an Appeal in an Application or Ex Parte Reexamination Proceeding to the Board. 2.................................. Filing a brief in support 10 2,000.00 20,000.00 of an appeal in an inter partes reexamination proceeding (large). 2.................................. Filing a brief in support 1 1,000.00 1,000.00 of an appeal in an inter partes reexamination proceeding (small). 2.................................. Filing a brief in support 1 500.00 500.00 of an appeal in an inter partes reexamination proceeding (micro). 3.................................. Forwarding an Appeal in an 11,341 2,000.00 22,682,000.00 Application or Ex Parte Reexamination Proceeding to the Board (large). 3.................................. Forwarding an Appeal in an 4,051 $1,000.00 4,051,000.00 Application or Ex Parte Reexamination Proceeding to the Board (small). 3.................................. Forwarding an Appeal in an 810 500.00 405,000.00 Application or Ex Parte Reexamination Proceeding to the Board (micro). 4.................................. Notice of appeal (large)... 18,900 800.00 15,120,000.00 4.................................. Notice of appeal (small)... 6,750 400.00 2,700,000.00 4.................................. Notice of appeal (micro)... 1,350 200.00 270,000.00 5.................................. Request for oral hearing 508 1,300.00 660,400.00 (large). 5.................................. Request for oral hearing 181 650.00 117,650.00 (small). 5.................................. Request for oral hearing 36 325.00 11,700.00 (micro). ----------------------------------------------- Total.......................... ........................... 60,139 .............. 46,039,250.00 ---------------------------------------------------------------------------------------------------------------- The briefs, petitions, and other papers may be submitted by mail through the United States Postal Service. The USPTO expects the items in this collection to be mailed by Express Mail using the flat rate envelope, which can accommodate both the varying submission weights of these submissions and the various postal zones. Using the Express Mail flat rate cost for mailing envelopes, the USPTO estimates that the average cost for sending these submissions by Express Mail will be $6.45 and that approximately 1,657 will be mailed to the USPTO. The USPTO estimates that the total postage cost for this collection will be $10,687.65 per year. ---------------------------------------------------------------------------------------------------------------- Postage costs Total Postage IC # Item Responses ($) cost ($) ---------------------------------------------------------------------------------------------------------------- 1.................................. Amendment.................. 19 $6.45 $122.55 2.................................. Appeal Brief............... 1,135 6.45 7,320.75 3.................................. Reply Brief................ 463 6.45 2,986.35 4.................................. Request for Rehearing 31 6.45 199.95 Before the PTAB. 5.................................. Petitions to the Chief 9 6.45 58.05 Administrative Patent Judge Under 37 CFR 41.3. ----------------------------------------------- Total Postage Costs............ ........................... 1,657 .............. 10,687.65 ---------------------------------------------------------------------------------------------------------------- [[Page 11019]] IV. Request for Comments 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. 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. Dated: February 13, 2017. Rhonda Foltz, Office of Information Management Services, OCIO, United States Patent and Trademark Office, United States Patent and Trademark Office. [FR Doc. 2017-03195 Filed 2-16-17; 8:45 am] BILLING CODE 3510-16-P
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Recommendations (44 U.S.C. 3506(c)(2)(A)), invites a patent owner or a third-party
1. Advisory Panel comments on a proposed extension of requester. PTAB’s opinions and
2. NCFAC an existing information collection: decisions for publicly available files are
3. FIAC Patent Trial and Appeal Board (PTAB) published on the USPTO Web site.
4. CDPP–AP Actions. There are no forms associated with
5. Joint Advisory Group Meeting DATES: Written comments must be these items. However, they are governed
6. Scientific & Statistical Committee submitted on or before April 18, 2017. by rules in Part 41. Failure to comply
N. Public Comment with the appropriate rule may result in
O. Council Discussion and Action ADDRESSES: You may submit comments
by any of the following methods: dismissal of the appeal or denial of
12. Administrative Matters
• Email: InformationCollection@ entry of the paper.
A. Financial Reports
B. Administrative Reports uspto.gov. Include ‘‘0651–0063 II. Method of Collection
C. Update on information inquiries comment’’ in the subject line of the
and responses message. By mail, hand delivery, or facsimile
D. Updates on the new administration • Mail: Marcie Lovett, Records when an applicant files a brief, petition,
E. Council Family Changes Management Division Director, Office of amendment, or request. These papers
F. Meetings and Workshops the Chief Information Officer, United can also be filed as attachments through
G. Other Business States Patent and Trademark Office, EFS-Web.
H. Standing Committee P.O. Box 1450, Alexandria, VA 22313– III. Data
Recommendations 1450.
I. Public Comment • Federal Rulemaking Portal: http:// OMB Number: 0651–0063.
J. Council Discussion and Action www.regulations.gov. Form Number(s): None.
13. Other Business Type of Review: Revision of a
FOR FURTHER INFORMATION CONTACT:
Non-emergency issues not contained currently approved collection.
in this agenda may come before the Requests for additional information
should be directed to Linda Horner, Affected Public: Individuals or
Council for discussion and formal households, businesses or other for
Council action during its 168th meeting. Administrative Patent Judge, Patent
Trial and Appeal Board, United States profits, non-profit institutions, and the
However, Council action on regulatory Federal Government.
issues will be restricted to those issues Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313–1450; by Estimated Number of Respondents:
specifically listed in this document and 23,660 responses per year. The USPTO
any regulatory issue arising after telephone at 571–272–9797; or by email
to linda.horner@uspto.gov. Additional estimates that approximately 25%
publication of this document that (5,915) of these responses will be from
requires emergency action under section information about this collection is also
available at http://www.reginfo.gov small entities and approximately 5%
305(c) of the Magnuson-Stevens Act, (1,183) of these responses will be from
provided the public has been notified of under ‘‘Information Collection Review.’’
SUPPLEMENTARY INFORMATION:
micro entities. The USPTO also
the Council’s intent to take action to estimates that approximately 93%
address the emergency. I. Abstract (22,004) of the briefs, requests, petitions,
Special Accommodations The Patent Trial and Appeal Board and amendments will be filed
(PTAB or Board) is established by electronically.
These meetings are accessible to
people with disabilities. Requests for statute under 35 U.S.C. 6. This statute Estimated Time per Response: The
sign language interpretation or other directs, in relevant part, that PTAB shall USPTO estimates that it takes the public
auxiliary aids should be directed to ‘‘on written appeal of an applicant, approximately 2 to 32 hours to complete
Kitty M. Simonds, (808) 522–8220 review adverse decisions of examiners this information, depending on the
(voice) or (808) 522–8226 (fax), at least upon applications for patents pursuant complexity of the request. This includes
5 days prior to the meeting date. to section 134(a).’’ PTAB has the the time to gather the necessary
authority, under 35 U.S.C. 134 and 306 information, prepare the brief, petition,
Authority: 16 U.S.C. 1801 et seq. and other papers, and submit the
to decide appeals in applications and ex
Dated: February 14, 2017. parte reexamination proceedings, and completed request to the USPTO. The
Tracey L. Thompson, under pre-AIA sections of the Patent USPTO calculates that, on balance, it
Acting Deputy Director, Office of Sustainable Act, i.e., 35 U.S.C. 134 and 315, to takes the same amount of time to gather
Fisheries, National Marine Fisheries Service. decide appeals in inter partes the necessary information, prepare the
[FR Doc. 2017–03199 Filed 2–16–17; 8:45 am] reexamination proceedings. In addition, brief, petition, and other papers, and
BILLING CODE 3510–22–P 35 U.S.C. 6 establishes the membership submit it to the USPTO, whether the
of PTAB as the Director, the Deputy applicant submits it in paper form or
Director, the Commissioner for Patents, electronically.
DEPARTMENT OF COMMERCE the Commissioner for Trademarks, and Estimated Total Annual Respondent
the Administrative Patent Judges. Each Burden Hours: 555,098 hours per year.
Patent and Trademark Office appeal is decided by a merits panel of Estimated Total Annual Respondent
at least three members of the Board. Cost Burden: $227,590,180 per year. The
Patent Trial and Appeal Board (PTAB)
The Board’s responsibilities under the USPTO expects that all of the
Actions
statute include the review of ex parte information in this collection will be
mstockstill on DSK3G9T082PROD with NOTICES
ACTION: Proposed collection; comment appeals from adverse decisions of prepared by an attorney. Using the
request. examiners in those situations where a professional hourly rate of $410 for
written appeal is taken by a dissatisfied attorneys in private firms, the USPTO
SUMMARY: The United States Patent and applicant or patent owner. In inter estimates that the total respondent cost
Trademark Office (USPTO), as required partes reexamination appeals, PTAB burden for this collection is
by the Paperwork Reduction Act of 1995 reviews examiner’s decisions adverse to $227,590,180 per year.
VerDate Sep<11>2014 17:38 Feb 16, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\17FEN1.SGM 17FEN1](https://thefederalregister.org/doc/82_FR_11049/page/1.svg)
![Federal Register / Vol. 82, No. 32 / Friday, February 17, 2017 / Notices 11019
IV. Request for Comments an opportunity to submit comments on COMMITTEE FOR PURCHASE FROM
Comments submitted in response to the proposed actions. PEOPLE WHO ARE BLIND OR
this notice will be summarized or SEVERELY DISABLED
Deletions
included in the request for OMB
approval of this information collection; The following products are proposed Procurement List; Additions and
they also will become a matter of public Deletions
for deletion from the Procurement List:
record. AGENCY: Committee for Purchase From
Comments are invited on: Products
People Who Are Blind or Severely
(a) Whether the proposed collection of NSN(s)—Product Name(s): Disabled.
information is necessary for the proper 8415–00–NSH–2946—Shirt, Underwear, ACTION: Additions to and Deletions from
performance of the functions of the Lightweight Fire Retardant, ECWC, the Procurement List.
agency, including whether the Army, Desert Sand, XSS
information shall have practical utility; 8415–00–NSH–2947—Shirt, Underwear, SUMMARY: This action adds products to
(b) The accuracy of the agency’s Lightweight Fire Retardant, ECWC, the Procurement List that will be
estimate of the burden (including hours Army, Desert Sand, SS furnished by nonprofit agency
and cost) of the proposed collection of 8415–00–NSH–2948—Shirt, Underwear, employing persons who are blind or
information; Lightweight Fire Retardant, ECWC, have other severe disabilities, and
(c) Ways to enhance the quality, Army, Desert Sand, MS deletes products from the Procurement
utility, and clarity of the information to 8415–00–NSH–2949—Shirt, Underwear, List previously furnished by such
be collected; and Lightweight Fire Retardant, ECWC, agencies.
(d) Ways to minimize the burden of Army, Desert Sand, LS
the collection of information on 8415–00–NSH–2950—Shirt, Underwear, DATES: Effective Date: 3/19/2017.
respondents, e.g., the use of automated Lightweight Fire Retardant, ECWC, ADDRESSES: Committee for Purchase
collection techniques or other forms of Army, Desert Sand, XLS From People Who Are Blind or Severely
information technology. 8415–00–NSH–2951—Shirt, Underwear, Disabled, 1401 S. Clark Street, Suite
Dated: February 13, 2017. Lightweight Fire Retardant, ECWC, 715, Arlington, Virginia, 22202–4149.
Rhonda Foltz, Army, Desert Sand, XSR FOR FURTHER INFORMATION CONTACT:
8415–00–NSH–2952—Shirt, Underwear, Amy B. Jensen, Telephone: (703) 603–
Office of Information Management Services,
OCIO, United States Patent and Trademark Lightweight Fire Retardant, ECWC, 7740, Fax: (703) 603–0655, or email
Office, United States Patent and Trademark Army, Desert Sand, SR CMTEFedReg@AbilityOne.gov.
Office. 8415–00–NSH–2953—Shirt, Underwear, SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–03195 Filed 2–16–17; 8:45 am] Lightweight Fire Retardant, ECWC,
Army, Desert Sand, MR Additions
BILLING CODE 3510–16–P
8415–00–NSH–2954—Shirt, Underwear, On 1/13/2017 (82 FR 4315–4316), the
Lightweight Fire Retardant, ECWC, Committee for Purchase From People
Army, Desert Sand, LR
COMMITTEE FOR PURCHASE FROM Who Are Blind or Severely Disabled
8415–00–NSH–2955—Shirt, Underwear,
PEOPLE WHO ARE BLIND OR published notice of proposed additions
Lightweight Fire Retardant, ECWC,
SEVERELY DISABLED to the Procurement List.
Army, Desert Sand, XLR
After consideration of the material
8415–00–NSH–2956—Shirt, Underwear,
Procurement List; Proposed Deletions presented to it concerning capability of
Lightweight Fire Retardant, ECWC,
qualified nonprofit agency to provide
AGENCY: Committee for Purchase From Army, Desert Sand, XSL
the products and impact of the
People Who Are Blind or Severely 8415–00–NSH–2957—Shirt, Underwear,
Lightweight Fire Retardant, ECWC,
additions on the current or most recent
Disabled.
Army, Desert Sand, SL
contractors, the Committee has
ACTION: Proposed Deletions from the determined that the products listed
Procurement List. 8415–00–NSH–2958—Shirt, Underwear,
Lightweight Fire Retardant, ECWC, below are suitable for procurement by
SUMMARY: The Committee is proposing Army, Desert Sand, ML the Federal Government under 41 U.S.C.
to delete products from the Procurement 8415–00–NSH–2959—Shirt, Underwear, 8501–8506 and 41 CFR 51–2.4.
List that were previously furnished by Lightweight Fire Retardant, ECWC, Regulatory Flexibility Act Certification
nonprofit agencies employing persons Army, Desert Sand, LL
who are blind or have other severe 8415–00–NSH–2960—Shirt, Underwear, I certify that the following action will
disabilities. Lightweight Fire Retardant, ECWC, not have a significant impact on a
Comments must be received on or Army, Desert Sand, XLL substantial number of small entities.
before: 3/19/2017. Mandatory Source(s) of Supply: Southeastern The major factors considered for this
Kentucky Rehabilitation Industries, Inc., certification were:
ADDRESSES: Committee for Purchase
Corbin, KY, Peckham Vocational 1. The action will not result in any
From People Who Are Blind or Severely
Industries, Inc., Lansing, MI additional reporting, recordkeeping or
Disabled, 1401 S. Clark Street, Suite
Contracting Activity: Army Contracting other compliance requirements for small
715, Arlington, Virginia 22202–4149.
Command—Aberdeen Proving Ground, entities other than the small
FOR FURTHER INFORMATION OR TO SUBMIT organizations that will furnish the
Natick Contracting Division
COMMENTS CONTACT: Amy B. Jensen, products to the Government.
mstockstill on DSK3G9T082PROD with NOTICES
Telephone: (703) 603–7740, Fax: (703) Amy B. Jensen, 2. The action will result in
603–0655, or email CMTEFedReg@ Director, Business Operations. authorizing small entities to furnish the
AbilityOne.gov. [FR Doc. 2017–03216 Filed 2–16–17; 8:45 am] products to the Government.
SUPPLEMENTARY INFORMATION: This BILLING CODE 6353–01–P 3. There are no known regulatory
notice is published pursuant to 41 alternatives which would accomplish
U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its the objectives of the Javits-Wagner-
purpose is to provide interested persons O’Day Act (41 U.S.C. 8501–8506) in
VerDate Sep<11>2014 17:38 Feb 16, 2017 Jkt 241001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\17FEN1.SGM 17FEN1](https://thefederalregister.org/doc/82_FR_11049/page/3.svg)
Document Created: 2017-02-17 00:28:52
Document Modified: 2017-02-17 00:28:52
| 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 April 18, 2017. | |
| Contact | Requests for additional information should be directed to Linda Horner, Administrative Patent Judge, Patent Trial and Appeal Board, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-9797; or by email to [email protected] Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' | |
| FR Citation | 82 FR 11017 |
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