82 FR 34506 - Patent Petitions Related to Application and Reexamination Processing Fees
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 82, Issue 141 (July 25, 2017)
Patent and Trademark Office
Federal Register Volume 82, Issue 141 (July 25, 2017)
| Page Range | 34506-34509 | |
| FR Document | 2017-15501 |
[Federal Register Volume 82, Number 141 (Tuesday, July 25, 2017)] [Notices] [Pages 34506-34509] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-15501] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office Patent Petitions Related to Application and Reexamination Processing Fees ACTION: Proposed collection; comment request. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing information collection. DATES: Written comments must be submitted on or before September 25, 2017. ADDRESSES: You may submit comments by any of the following methods:Email: [email protected]. Include ``0651- 0059 comment'' in the subject line of the message. Federal Rulemaking Portal: http://www.regulations.gov. Mail: Marcie Lovett, Records and Information Governance Division Director, Office of the Chief Technology 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, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email to [email protected] with ``0651- [[Page 34507]] 0059 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 United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 et seq. to examine an application for patent and, when appropriate, issue a patent. The USPTO also is required to publish patent applications, with certain exceptions, promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under Title 35, United States Code. Many actions taken by the USPTO during its examination of an application for patent or for reissue of a patent, or during its reexamination of a patent, are subject to review by an appeal to the Patent Trial and Appeal Board. For other USPTO actions, review is in the form of administrative review obtained via submission of a petition to the USPTO. USPTO petitions practice also provides an opportunity for a patent applicant or owner to supply additional information that may be required in order for the USPTO to further process an application or patent. This collection covers petitions filed in patent applications and reexamination proceedings that, when submitted to the USPTO, must be accompanied by the fee set forth in 37 CFR 1.17(f), (g), or (h). This collection also covers the transmittals for the petition fees. II. Method of Collection The items in this collection can be submitted electronically through EFS-Web, the USPTO's web-based electronic filing system. Items also can be submitted on paper by mail, facsimile, or hand delivery to the USPTO. The petitions to make special under the accelerated examination program only can be filed through EFS-Web. III. Data OMB Number: 0651-0059. IC Instruments and Forms: PTO/SB/17P, PTO/SB/23, PTO/SB/24a, PTO/ SB/28 (EFS-Web only), and PTO/SB/140. Type of Review: Revision of a Previously Existing Information Collection. Affected Public: Business or other for profit; non-profit institutions. Estimated Number of Respondents: 40,560 responses per year. The USPTO estimates that 26% will be filed by small entities and 3% by micro entities. 98% of all responses will be filed electronically. Estimated Time per Response: The USPTO estimates that the response time for activities related to these patent petitions will take the public approximately 5 minutes (0.08 hours) to 12 hours to complete, depending on the particular item. (See Table 1.) This includes time to gather the necessary information, create the documents, and submit the completed request to the USPTO. The USPTO calculates that, on balance, it takes the same amount of time to prepare the petition and the fee transmittal form, and submit them to the USPTO, regardless of whether the applicant or patent owner submits the material electronically or in paper form. Estimated Total Annual Respondent Burden Hours: 42,195.00 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $17,284,617.00 The USPTO expects that attorneys will complete all of the items in this collection, with the exception of the petitions for requests for documents in a form other than that provided by 37 CFR 1.19 and the petitions for express abandonment to avoid publication under 37 CFR 1.138(c), both of which the USPTO expects will be completed by para-professionals. The hourly rates for attorneys and paraprofessionals are $410 and $141, respectively. These rates are established by estimates in the 2015 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association. Using these hourly rates, the USPTO estimates that the total respondent cost burden for this collection is $17,284,617.00 per year. Table 1--Respondent Hourly Burden -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated time Estimated Estimated IC No. Item for response annual annual burden Rate ($/hr) (hours) responses hours ..................................... (a) (b) (a) x (b)/60 = (c) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1............................................. Petitions (corresponding to the fee) 4.00 50 200.00 410 under 37 CFR 1.17(f) include: Petition to Accord a Filing Date under 1.57(b)(3) or 1.57(a)(3) (pre- PLT). Petition to Accord a Filing Date under 1.53(e)(2). Petition for Decision on a Question Not Specifically Provided For under 1.182. Petition to Suspend the Rules under 1.183. 1............................................. EFS-Web Petitions (corresponding to 4.00 2,750 11,000.00 410 the fee) under 37 CFR 1.17(f). 2............................................. Petitions (corresponding to the fee) 2.00 100 200.00 410 under 37 CFR 1.17(g): Petition to Access an Assignment Record under 1.12(c). Petition for Access to an Application under 1.14(i). Petition for Expungement of Information under 1.59(b). Petition to Suspend Action in an Application under 1.103(a). 2............................................. EFS-Web Petitions (corresponding to 2.00 5,000 10,000.00 410 the fee) under 37 CFR 1.17(g). 3............................................. Petitions (corresponding to the fee) 1.00 250 250.00 410 under 37 CFR 1.17(h): Petition for Accepting Color Drawings or Photographs under 1.84(a)(2). Petition for Entry of a Model or Exhibit under 1.91(a). [[Page 34508]] Petition to Withdraw an Application from Issue under 1.313(a) PTO/SB/ 140: Petition to Defer Issuance of a Patent under 1.314. 3............................................. EFS-Web Petitions (corresponding to 1.00 11,500 11,500.00 410 the fee) under 37 CFR 1.17(h). 4............................................. Petitions for Requests for Documents 1.00 5 5.00 141 in a Form Other than that Provided by 37 CFR 1.19. 4............................................. EFS-Web Petitions for Requests for 1.00 50 50.00 141 Documents in a Form Other than that Provided by 37 CFR 1.19. 5............................................. Petitions to Make Special Under 12.00 600 7,200.00 410 Accelerated Examination Program. PTO/SB/28 (EFS-Web Only)............. 6............................................. Petitions for Express Abandonment to 0.20 10 2.00 141 Avoid Publication Under 37 CFR 1.138(c). PTO/SB/24a........................... 6............................................. EFS-Web Petitions for Express 0.20 490 98.00 410 Abandonment to Avoid Publication Under 37 CFR 1.138(c). 7............................................. Petition for Extension of Time Under 0.50 5 2.50 410 37 CFR 1.136(b). PTO/SB/23............................ 7............................................. EFS-Web Petition for Extension of 0.50 100 50.00 410 Time Under 37 CFR 1.136(b). 8............................................. Petition Fee under 37 CFR 1.17(f), 0.08 400 33.33 410 (g), and (h) Transmittal. PTO/SB/17P........................... 8............................................. EFS-Web Petition Fee under 37 CFR 0.08 19,250 1,604.17 410 1.17(f), (g), and (h) Transmittal. --------------------------------------------------------------------------------------------------------- Totals.................................... ..................................... ................ 40,560 42,195.00 -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated Total Annual (Non-hour) Respondent Cost Burden: $3,147,594.80. There are no capital start-up, operation, or maintenance costs associated with this information collection. However, the public may incur cost burden in the form of postage and filing fees. The public may incur postage costs when submitting the items in this collection. Although the USPTO prefers that the items in this collection be submitted electronically, the items may be submitted to the USPTO by mail through the United States Postal Service. The USPTO expects that approximately 98 percent of the items in this collection will be submitted electronically (except for the petitions to make special under the accelerated examination program, which must be submitted electronically), resulting in 820 mailed submissions (though items that are not electronically filed may alternatively be submitted by mail, facsimile or hand delivery, for the purposes of this estimate, the USPTO is treating all items that are not filed electronically as though they were mailed). The average cost for a four-ounce large envelope shipped first-class via USPS is $1.64. Therefore, the USPTO estimates that the postage costs for the mailed submissions in this collection will total $1,344.80. There are filing fees associated with this collection, which were previously accounted for in collection 0651-0072. That collection has been discontinued, and the relevant fees have been consolidated into to this collection. These fees are listed in the table below. Table 2--Filing Fees ---------------------------------------------------------------------------------------------------------------- Estimated annual Total non-hour No. Item responses Filing fee ($) cost burden ($) ...................... (a) (b) (a) x (b) = (c) ---------------------------------------------------------------------------------------------------------------- 1............................. Petitions requiring 1,400 $400 $560,000.00 the petition fee set forth in 37 CFR 1.17 (f) (Group I) (large entity). 1............................. Petitions requiring 1,150 200 230,000.00 the petition fee set forth in 37 CFR 1.17 (f) (Group I) (small entity). 1............................. Petitions requiring 250 100 25,000.00 the petition fee set forth in 37 CFR 1.17 (f) (Group I) (micro entity). 2............................. Petitions requiring 4,500 200 900,000.00 the petition fee set forth in 37 CFR 1.17 (g) (Group II) (large entity). 2............................. Petitions requiring 550 100 55,000.00 the petition fee set forth in 37 CFR 1.17 (g) (Group II) (small entity). 2............................. Petitions requiring 50 50 2,500.00 the petition fee set forth in 37 CFR 1.17 (g) (Group II) (micro entity). [[Page 34509]] 3............................. Petitions requiring 8,000 140 1,120,000.00 the petition fee set forth in 37 CFR 1.17 (h) (Group III) (large entity). 3............................. Petitions requiring 3,500 70 245,000.00 the petition fee set forth in 37 CFR 1.17 (h) (Group III) (small entity). 3............................. Petitions requiring 250 35 8,750.00 the petition fee set forth in 37 CFR 1.17 (h) (Group III) (micro entity). --------------------------------------------------------- Totals.................... ...................... 19,650 ................ 3,146,250.00 ---------------------------------------------------------------------------------------------------------------- Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of postage costs and filing fees is $3,147,594.80 per year. 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. Marcie Lovett, Records and Information Governance Division Director, OCTO United States Patent and Trademark Office. [FR Doc. 2017-15501 Filed 7-24-17; 8:45 am] BILLING CODE 3510-16-P
![34506 Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices
incident. NMFS will work with Seattle DEPARTMENT OF COMMERCE • Email: InformationCollection@
DOT to determine whether uspto.gov. Include ‘‘0651–0050 copy
modifications in the activities are Patent and Trademark Office request’’ in the subject line of the
appropriate. message.
Submission for OMB Review; • Mail: Marcie Lovett, Records and
(ii) In the event that Seattle DOT Comment Request; ‘‘Responses to Information Governance Division
discovers an injured or dead marine Office Action and Voluntary Director, Office of the Chief Technology
mammal, and the lead PSO determines Amendment Forms’’ Officer, United States Patent and
that the injury or death is not associated Trademark Office, P.O. Box 1450,
with or related to the activities The United States Patent and
Trademark Office (USPTO) will submit Alexandria, VA 22313–1450.
authorized in the IHA (e.g., previously Written comments and
wounded animal, carcass with moderate to the Office of Management and Budget
(OMB) for clearance the following recommendations for the proposed
to advanced decomposition, or information collection should be sent on
proposal for collection of information
scavenger damage), Seattle DOT will or before August 24, 2017 to Nicholas A.
under the provisions of the Paperwork
report the incident to the Permits and Fraser, OMB Desk Officer, via email to
Reduction Act (44 U.S.C. Chapter 35).
Conservation Division, Office of Agency: United States Patent and Nicholas_A._Fraser@omb.eop.gov, or by
Protected Resources, NMFS and the Trademark Office, Commerce. fax to 202–395–5167, marked to the
NMFS Stranding Hotline and/or by Title: Responses to Office Action and attention of Nicholas A. Fraser.
email to the NMFS’ West Coast Voluntary Amendment Form. Marcie Lovett,
Stranding Coordinator within 24 hrs of OMB Control Number: 0651–0050. Records and Information Governance
the discovery. Seattle DOT will provide Form Number(s): Division Director, OCTO, United States Patent
photographs or video footage (if • PTO–1771 and Trademark Office.
available) or other documentation of the • PTO–1822 [FR Doc. 2017–15496 Filed 7–24–17; 8:45 am]
stranded animal sighting to NMFS. • PTO–1957 BILLING CODE P
Activities may continue while NMFS • PTO–1960
reviews the circumstances of the • PTO–1966
incident. Type of Request: Regular. DEPARTMENT OF COMMERCE
(c) Acoustic Monitoring Report— Number of Respondents: 472,301
Seattle DOT will submit an Acoustic respondents per year. Patent and Trademark Office
Monitoring Report that will provide Average Hours per Response: The
USPTO estimates that it will take the Patent Petitions Related to Application
details on the monitored piles, method and Reexamination Processing Fees
of installation, monitoring equipment, public between 10 minutes (0.16 hours)
and sound levels documented during and 45 minutes (0.75 hours), depending ACTION: Proposed collection; comment
monitoring. NMFS will review the on the complexity of the situation, to request.
acoustic monitoring report and suggest gather the necessary information,
any changes in monitoring as needed. prepare the appropriate documents, and SUMMARY: The United States Patent and
submit the information required for this Trademark Office (USPTO), as required
8. This Authorization may be collection. by the Paperwork Reduction Act of
modified, suspended or withdrawn if Burden Hours: 266,184 hours per 1995, invites comments on a proposed
the holder fails to abide by the year. extension of an existing information
conditions prescribed herein or if NMFS Cost Burden: $109,135,440.00. collection.
determines the authorized taking is Needs and Uses: The information in
DATES:Written comments must be
having more than a negligible impact on this collection is a matter of public
submitted on or before September 25,
the species or stock of affected marine record and is used by the public for a
2017.
mammals. variety of private business purposes
related to establishing and enforcing ADDRESSES: You may submit comments
9. A copy of this Authorization must
trademark rights. The information is by any of the following methods:
be in the possession of each contractor • Email: InformationCollection@
who performs the construction work at available at USPTO facilities and can
also be accessed at the USPTO’s Web uspto.gov. Include ‘‘0651–0059
the Pier 62 Project. comment’’ in the subject line of the
site. Additionally, the USPTO provides
Request for Public Comments the information to other entities, message.
including Patent and Trademark • Federal Rulemaking Portal: http://
We request comment on our analyses, Resource Centers (PTRCs). The PTRCs www.regulations.gov.
the draft authorization, and any other maintain the information for use by the • Mail: Marcie Lovett, Records and
aspect of this Notice of Proposed IHA public. Information Governance Division
for the proposed pile driving activities Frequency: On occasion. Director, Office of the Chief Technology
for the Seattle Pier 62 Project. Please Respondent’s Obligation: Required to Officer, United States Patent and
include with your comments any Obtain or Retain Benefits. Trademark Office, P.O. Box 1450,
supporting data or literature citations to OMB Desk Officer: Nicholas A. Fraser, Alexandria, VA 22313–1450.
help inform our final decision on the email: Nicolas_A._Fraser@omb.eop.gov. FOR FURTHER INFORMATION CONTACT:
request for MMPA authorization. Once submitted, the request will be Requests for additional information
mstockstill on DSK30JT082PROD with NOTICES
Dated: July 19, 2017.
publicly available in electronic format should be directed to Raul Tamayo,
through reginfo.gov. Follow the Senior Legal Advisor, Office of Patent
Catherine Marzin, Legal Administration, United States
instructions to view Department of
Acting Deputy Director, Office of Protected Commerce collections currently under Patent and Trademark Office, P.O. Box
Resources, National Marine Fisheries Service. review by OMB. 1450, Alexandria, VA 22313–1450; by
[FR Doc. 2017–15522 Filed 7–24–17; 8:45 am] Further information can be obtained telephone at 571–272–7728; or by email
BILLING CODE 3510–22–P by: to raul.tamayo@uspto.gov with ‘‘0651–
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![Federal Register / Vol. 82, No. 141 / Tuesday, July 25, 2017 / Notices 34509
TABLE 2—FILING FEES—Continued
Total non-hour cost
Estimated annual Filing fee
No. Item burden
responses ($) ($)
(a) (b) (a) × (b) = (c)
3 .................. Petitions requiring the petition fee set forth in 37 CFR 1.17 (h) 8,000 140 1,120,000.00
(Group III) (large entity).
3 .................. Petitions requiring the petition fee set forth in 37 CFR 1.17 (h) 3,500 70 245,000.00
(Group III) (small entity).
3 .................. Petitions requiring the petition fee set forth in 37 CFR 1.17 (h) 250 35 8,750.00
(Group III) (micro entity).
Totals ... ......................................................................................................... 19,650 ............................ 3,146,250.00
Therefore, the USPTO estimates that by the Paperwork Reduction Act of the USPTO, including providing
the total annual (non-hour) cost burden 1995, invites comments on a a proposed additional information needed to
for this collection, in the form of postage extension of an existing information process a request to delete a particular
costs and filing fees is $3,147,594.80 per collection. filing basis from an application or to
year. DATES: Written comments must be divide an application identifying
submitted on or before September 25, multiple goods and/or services into two
IV. Request for Comments
2017. or more separate applications.
Comments submitted in response to Applicants may seek a six-month
this notice will be summarized or ADDRESSES: You may submit comments extension of time to file a statement that
included in the request for OMB by any of the following methods: the mark is in use in commerce or
approval of this information collection; • Email: InformationCollection@ submit a petition to revive an
they also will become a matter of public uspto.gov. Include ‘‘0651–0054 application that abandoned for failure to
record. comment’’ in the subject line of the submit a timely response to an office
Comments are invited on: message. action or a timely statement of use or
(a) Whether the proposed collection of • Federal Rulemaking Portal: http:// extension request. In some
information is necessary for the proper www.regulations.gov. circumstances, an applicant may
performance of the functions of the • Mail: Marcie Lovett, Records and expressly abandon an application by
agency, including whether the Information Governance Division filing a written request for withdrawal
information shall have practical utility; Director, Office of the Chief Technology of the application.
(b) the accuracy of the agency’s Officer, United States Patent and The rules implementing the Act are
estimate of the burden (including hours Trademark Office, P.O. Box 1450, set forth in 37 CFR part 2. These rules
and cost) of the proposed collection of Alexandria, VA 22313–1450. mandate that each register entry include
information; FOR FURTHER INFORMATION CONTACT: the mark, the goods and/or services in
(c) ways to enhance the quality, Requests for additional information connection with which the mark is
utility, and clarity of the information to should be directed to Catherine Cain, used, ownership information, dates of
be collected; and Attorney Advisor, United States Patent use, and certain other information. The
(d) ways to minimize the burden of and Trademark Office, P.O. Box 1450, USPTO also provides similar
the collection of information on Alexandria, VA 22313–1450; by information concerning pending
respondents, e.g., the use of automated telephone at 571–272–8946; or by email applications. The register and pending
collection techniques or other forms of to Catherine.Cain@uspto.gov with application information may be
information technology. ‘‘0651–0054 comment’’ in the subject accessed by an individual or by
Marcie Lovett, line. Additional information about this businesses to determine the availability
Records and Information Governance collection is also available at http:// of a mark. By accessing the USPTO’s
Division Director, OCTO United States Patent www.reginfo.gov under ‘‘Information information, parties may reduce the
and Trademark Office. Collection Review.’’ possibility of initiating use of a mark
[FR Doc. 2017–15501 Filed 7–24–17; 8:45 am] SUPPLEMENTARY INFORMATION: previously adopted by another. The
BILLING CODE 3510–16–P Federal trademark registration process
I. Abstract
may thereby reduce the number of
The United States Patent and filings between both litigating parties
DEPARTMENT OF COMMERCE Trademark Office (USPTO) administers and the courts.
the Trademark Act, 15 U.S.C. 1051 et
United States Patent and Trademark seq., which provides for the Federal II. Method of Collection
Office registration of trademarks, service The forms in this collection are
marks, collective trademarks and service available in electronic format through
Substantive Submissions Made During marks, collective membership marks, the Trademark Electronic Application
mstockstill on DSK30JT082PROD with NOTICES
Prosecution of the Trademark and certification marks. Individuals and System (TEAS), which may be accessed
Application businesses that use or intend to use on the USPTO Web site. TEAS Global
ACTION: Revision of an existing such marks in commerce may file an Forms are available for the items where
collection; comment request. application to register their mark with a TEAS form with dedicated data fields
the USPTO. is not yet available. Applicants may also
SUMMARY: The United States Patent and Such individuals and businesses may submit the information in paper form by
Trademark Office (USPTO), as required also submit various communications to mail, fax, or hand delivery.
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Document Created: 2018-10-24 11:20:53
Document Modified: 2018-10-24 11:20:53
| 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 September 25, 2017. | |
| 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, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email to [email protected] with ``0651- 0059 comment'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' | |
| FR Citation | 82 FR 34506 |
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