83 FR 34834 - Proposed Collection; Comment Request; Fee Deficiency Submissions
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 83, Issue 141 (July 23, 2018)
Patent and Trademark Office
Federal Register Volume 83, Issue 141 (July 23, 2018)
| Page Range | 34834-34835 | |
| FR Document | 2018-15612 |
[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)] [Notices] [Pages 34834-34835] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15612] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office Proposed Collection; Comment Request; Fee Deficiency Submissions AGENCY: United States Patent and Trademark Office, Commerce. ACTION: Proposed collection, comment request. ----------------------------------------------------------------------- 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 to comment on the proposed renewal of this information collection, as required by the Paperwork Reduction Act. DATES: Written comments must be submitted on or before September 21, 2018. ADDRESSES: Written comments may be submitted by any of the following methods:Email: [email protected]. Include ``0070 Fee Deficiency Submissions'' in the subject line of the message. Federal Rulemaking Portal: http://www.regulations.gov. Mail: Marcie Lovett, Director, Records and Information Governance Division, 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 (USPTO), P.O. Box 1450, Alexandria, VA 22313- 1450; by telephone at 571-272-7728; or by email at [email protected] with ``Information Collection: 0070'' 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 Leahy-Smith America Invents Act (``Act'') was enacted into law on September 16, 2011 (Pub. L. 112-29, 125 Stat. 283 (2011)). Under section 10(b) of the Act, eligible small entities shall receive a 50 percent fee reduction from the undiscounted fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. The Act further provides that micro entities shall receive a 75 percent fee reduction from the undiscounted fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. This information collection covers the submissions made by patent applicants and patentees to excuse fee payment errors that result from changes in their small or micro entity status, in accordance with the procedures set forth in 37 CFR 1.28(c) and 1.29(k). Specifically, 37 CFR 1.28(c) provides a procedure by which patent applicants and patentees may be excused for erroneous payments of fees in the small entity amount. 37 CFR 1.29(k) provides a procedure by which patent applicants and patentees may be excused for erroneous payments of fees in the micro entity amount. Applicants who change their entity status may need to submit additional payments in order to have their applications associated with the correct category. A small or micro entity can be established in good faith, and a patent applicant pay a maintenance fee as a small or micro entity in good faith but later discover that such status was established in error or that through errors USPTO was not notified of a loss of entitlement to such status. The USPTO will excuse the error if a deficiency payment and other requirements are submitted in compliance with 37 CFR 1.28(c) or 1.29(k). This is known as a ``1.28(c) petition'' or ``1.29(k) petition.'' Thus, this information collection is necessary so that patent applicants and patentees may pay the balance of fees due (i.e., fee deficiency payment) in instances when the micro or small entity fee amount was paid in error. The USPTO requires the information in order to process and properly record a fee deficiency payment, and to avoid questions arising later, either for the USPTO or for the applicant or patentee as to whether the proper fees have been paid in the application or patent. Failure to correct to the error in entity status will result in the charging of patent application fees that correspond with the correct entity status at the discretion of the Agency. If these fees are not paid, patent protection lapses and rights provided by the patent are no longer enforceable. II. Method of Collection The items in this collection may be submitted online using EFS-Web, the USPTO's Web-based electronic filing system, or on paper by either mail or hand delivery. III. Data OMB Number: 0651-0070. IC Instruments: There are no forms in this collection. Type of Review: Renewal of a previously existing information collection. Affected Public: Businesses or other for-profits; not-for-profit institutions; individuals or households. Estimated Number of Respondents: 2,500 responses per year. Of this total, the USPTO expects that 2,450 responses will be submitted electronically through EFS-Web and 50 will be submitted on paper. Estimated Time per Response: The USPTO estimates that it will take the public approximately 2 hours to submit the information in this collection, [[Page 34835]] including the time to gather the necessary information, prepare the appropriate form or petition, and submit the completed request to the USPTO. The time per response, estimated annual responses, and estimated annual hour burden associated with each instrument in this information collection is shown in the table below. Estimated Total Annual Hour Burden: 5,000 hours. Estimated Total Annual Cost Burden (Hourly): $2,190,000.00. The USPTO expects that attorneys will complete the instruments associated with this information collection. The professional hourly rate used for the calculation is the $438 average rate for attorneys in private firms as published in the 2017 Report of the Economic Survey by the American Intellectual Property Law Association (AIPLA). Using this hourly rate, the USPTO estimates $2,190,000.00 per year for the total hourly costs associated with respondents. -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated time Estimated IC No. Information collection instrument for response annual Estimated annual Rate ($/hr) Total cost ($/hr) (hours) responses burden hours ................................. (a) (b) (a) x (b) = (c) (d) (c) x (d) = (e) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1.............................. Submissions Under 37 CFR 1.28(c). 2 1,875 3,750 $438.00 $1,642,500.00 2.............................. Submissions Under 37 CFR 1.29(k). 2 625 1,250 438.00 547,500.00 ------------------------------------------------------------------------------------- Total...................... ................................. .............. 2,500 5,000 .............. 2,190,000.00 -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated Total Annual Cost Burden (Non-Hourly): $335.00. There are no capital startup, maintenance, or operating fees are associated with this collection. There are, however, postage costs associated with this collection. Specifically, customers may incur postage costs when submitting the information in this collection to the USPTO by mail through the United States Postal Service. The USPTO estimates that the average first class postage cost for a one-pound, priority mail submission will be $6.70 and approximately 60 submissions will be submitted to the USPTO requiring postage. ---------------------------------------------------------------------------------------------------------------- Information collection Total non-hour IC No. instrument Responses (yr) Postage costs cost burden (yr) ............................... (a) (b) (a) x (b) = (c) ---------------------------------------------------------------------------------------------------------------- 1........................... Submissions Under 37 CFR 38 $6.70 $254.60 1.28(c). 2........................... Submissions Under 37 CFR 12 6.70 80.40 1.29(k). -------------------------------------------------- Total................... ............................... 50 .............. 335.00 ---------------------------------------------------------------------------------------------------------------- Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of postage costs is $335.00 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, including the validity of the methodology and assumptions used; (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, including through the use of automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they will also become a matter of public record. Marcie Lovett, Director, Records and Information Governance Division, Office of the Chief Technology Officer, USPTO. [FR Doc. 2018-15612 Filed 7-20-18; 8:45 am] BILLING CODE 3510-16-P
![34834 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices
Average Hours per Response: 14,500 collection, as required by the Paperwork erroneous payments of fees in the micro
hours. Reduction Act. entity amount.
Cost Burden: $74,160. DATES: Written comments must be Applicants who change their entity
Needs and Uses: The public uses this submitted on or before September 21, status may need to submit additional
information collection to contribute 2018. payments in order to have their
submissions and protests to the quality applications associated with the correct
of issued patents. The USPTO will use ADDRESSES: Written comments may be category. A small or micro entity can be
this information, as appropriate, during submitted by any of the following established in good faith, and a patent
the patent examination process to assist methods: applicant pay a maintenance fee as a
in evaluating the patent application. • Email: InformationCollection@ small or micro entity in good faith but
Frequency: On occasion. uspto.gov. Include ‘‘0070 Fee Deficiency later discover that such status was
Respondent’s Obligation: Required to Submissions’’ in the subject line of the established in error or that through
Obtain or Retain Benefits. message. errors USPTO was not notified of a loss
OMB Desk Officer: Nicholas A. Fraser, • Federal Rulemaking Portal: http:// of entitlement to such status. The
email: Nicholas_A._Fraser@ www.regulations.gov. USPTO will excuse the error if a
omb.eop.gov. Once submitted, the • Mail: Marcie Lovett, Director, deficiency payment and other
request will be publicly available in Records and Information Governance requirements are submitted in
electronic format through Division, Office of the Chief Technology compliance with 37 CFR 1.28(c) or
www.regino.gov. Follow the instructions Officer, United States Patent and 1.29(k). This is known as a ‘‘1.28(c)
to view the Department of Commerce Trademark Office, P.O. Box 1450, petition’’ or ‘‘1.29(k) petition.’’
collections currently under review by Alexandria, VA 22313–1450. Thus, this information collection is
OMB. FOR FURTHER INFORMATION CONTACT: necessary so that patent applicants and
Further information can be obtained Requests for additional information patentees may pay the balance of fees
by: should be directed to Raul Tamayo, due (i.e., fee deficiency payment) in
• Email: InformationCollection@ Senior Legal Advisor, Office of Patent instances when the micro or small
uspto.gov. Include ‘‘0651–0062 copy Legal Administration, United States entity fee amount was paid in error. The
request’’ in the subject line of the Patent and Trademark Office (USPTO), USPTO requires the information in
message. P.O. Box 1450, Alexandria, VA 22313– order to process and properly record a
• Mail: Raul Tamayo, Senior Legal 1450; by telephone at 571–272–7728; or fee deficiency payment, and to avoid
Advisor, Office of Patent Legal by email at Raul.Tamayo@uspto.gov questions arising later, either for the
Administration, United States Patent with ‘‘Information Collection: 0070’’ in USPTO or for the applicant or patentee
and Trademark Office, P.O. Box 1450, the subject line. Additional information as to whether the proper fees have been
Alexandria, VA 22313–1450. about this collection is also available at paid in the application or patent.
Written comments and http://www.reginfo.gov under Failure to correct to the error in entity
recommendations for the proposed ‘‘Information Collection Review.’’ status will result in the charging of
information collection should be sent on SUPPLEMENTARY INFORMATION:
patent application fees that correspond
or before August 22, 2018 to Nicholas A. with the correct entity status at the
Fraser, OMB Desk Officer, via email to I. Abstract discretion of the Agency. If these fees
Nicholas_A._Fraser@omb.eop.gov, or by The Leahy-Smith America Invents Act are not paid, patent protection lapses
fax to 202–395–5167, marked to the (‘‘Act’’) was enacted into law on and rights provided by the patent are no
attention of Nicholas A. Fraser. September 16, 2011 (Pub. L. 112–29, longer enforceable.
Marcie Lovett, 125 Stat. 283 (2011)). Under section II. Method of Collection
Director, Records & Information Governance 10(b) of the Act, eligible small entities
The items in this collection may be
Division (RIGD), Office of the Chief shall receive a 50 percent fee reduction
submitted online using EFS-Web, the
Technology Officer, Office of the Chief from the undiscounted fees for filing,
USPTO’s Web-based electronic filing
Information Officer, United States Patent and searching, examining, issuing,
Trademark Office. system, or on paper by either mail or
appealing, and maintaining patent
hand delivery.
[FR Doc. 2018–15611 Filed 7–20–18; 8:45 am] applications and patents. The Act
BILLING CODE 3510–16–P further provides that micro entities shall III. Data
receive a 75 percent fee reduction from OMB Number: 0651–0070.
the undiscounted fees for filing, IC Instruments: There are no forms in
DEPARTMENT OF COMMERCE searching, examining, issuing, this collection.
appealing, and maintaining patent Type of Review: Renewal of a
Patent and Trademark Office applications and patents. previously existing information
This information collection covers the collection.
Proposed Collection; Comment
submissions made by patent applicants Affected Public: Businesses or other
Request; Fee Deficiency Submissions
and patentees to excuse fee payment for-profits; not-for-profit institutions;
AGENCY: United States Patent and errors that result from changes in their individuals or households.
Trademark Office, Commerce. small or micro entity status, in Estimated Number of Respondents:
ACTION: Proposed collection, comment accordance with the procedures set 2,500 responses per year. Of this total,
request. forth in 37 CFR 1.28(c) and 1.29(k). the USPTO expects that 2,450 responses
amozie on DSK3GDR082PROD with NOTICES1
Specifically, 37 CFR 1.28(c) provides a will be submitted electronically through
SUMMARY: The United States Patent and procedure by which patent applicants EFS-Web and 50 will be submitted on
Trademark Office (USPTO), as part of its and patentees may be excused for paper.
continuing effort to reduce paperwork erroneous payments of fees in the small Estimated Time per Response: The
and respondent burden, invites the entity amount. 37 CFR 1.29(k) provides USPTO estimates that it will take the
general public to comment on the a procedure by which patent applicants public approximately 2 hours to submit
proposed renewal of this information and patentees may be excused for the information in this collection,
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![Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 34835
including the time to gather the Estimated Total Annual Hour Burden: private firms as published in the 2017
necessary information, prepare the 5,000 hours. Report of the Economic Survey by the
appropriate form or petition, and submit Estimated Total Annual Cost Burden American Intellectual Property Law
the completed request to the USPTO. (Hourly): $2,190,000.00. The USPTO Association (AIPLA). Using this hourly
The time per response, estimated expects that attorneys will complete the rate, the USPTO estimates $2,190,000.00
annual responses, and estimated annual instruments associated with this per year for the total hourly costs
hour burden associated with each information collection. The professional associated with respondents.
instrument in this information hourly rate used for the calculation is
collection is shown in the table below. the $438 average rate for attorneys in
Estimated time Estimated Estimated annual Rate Total cost
IC No. Information collection instrument for response annual burden hours ($/hr) ($/hr)
(hours) responses
(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e)
1 ............... Submissions Under 37 CFR 1.28(c) .................................. 2 1,875 3,750 $438.00 $1,642,500.00
2 ............... Submissions Under 37 CFR 1.29(k) .................................. 2 625 1,250 438.00 547,500.00
Total .. ............................................................................................. ........................ 2,500 5,000 ........................ 2,190,000.00
Estimated Total Annual Cost Burden Specifically, customers may incur postage cost for a one-pound, priority
(Non-Hourly): $335.00. There are no postage costs when submitting the mail submission will be $6.70 and
capital startup, maintenance, or information in this collection to the approximately 60 submissions will be
operating fees are associated with this USPTO by mail through the United submitted to the USPTO requiring
collection. There are, however, postage States Postal Service. The USPTO postage.
costs associated with this collection. estimates that the average first class
Total non-hour
Responses
IC No. Information collection instrument Postage costs cost burden
(yr) (yr)
(a) (b) (a) × (b) = (c)
1 ............. Submissions Under 37 CFR 1.28(c) ................................................................. 38 $6.70 $254.60
2 ............. Submissions Under 37 CFR 1.29(k) ................................................................. 12 6.70 80.40
Total ............................................................................................................................ 50 ........................ 335.00
Therefore, the USPTO estimates that they will also become a matter of public DATES: July 18, 2018 from 8:00 a.m. to
the total annual (non-hour) cost burden record. 5:00 p.m.–July 19, 2018 from 8:00 a.m.
for this collection, in the form of postage to 3:00 p.m.
Marcie Lovett,
costs is $335.00 per year. ADDRESSES: The Executive Conference
Director, Records and Information
IV. Request for Comments Governance Division, Office of the Chief Center, 4075 Wilson Boulevard, 3rd
Technology Officer, USPTO. Floor, Arlington, VA 22203.
Comments are invited on: (a) Whether [FR Doc. 2018–15612 Filed 7–20–18; 8:45 am] FOR FURTHER INFORMATION CONTACT:
the proposed collection of information BILLING CODE 3510–16–P Defense Science Board Designated
is necessary for the proper performance Federal Officer (DFO) Mr. Edward C.
of the functions of the agency, including Gliot, (703) 571–0079 (Voice), (703)
whether the information shall have 697–1860 (Facsimile),
practical utility; (b) the accuracy of the DEPARTMENT OF DEFENSE edward.c.gliot.civ@mail.mil (Email).
agency’s estimate of the burden Mailing address is Defense Science
(including hours and cost) of the Office of the Secretary Board, 3140 Defense Pentagon, Room
proposed collection of information, 3B888A, Washington, DC 20301–3140.
including the validity of the Defense Science Board; Notice of Website: http://www.acq.osd.mil/dsb/.
methodology and assumptions used; (c) Federal Advisory Committee Meeting The most up-to-date changes to the
ways to enhance the quality, utility, and meeting agenda can be found on the
clarity of the information to be AGENCY: Under Secretary of Defense for website.
collected; and (d) ways to minimize the Research and Engineering, Defense
Science Board, Department of Defense. SUPPLEMENTARY INFORMATION: Due to
burden of the collection of information circumstances beyond the control of the
on respondents, including through the Notice of Federal Advisory
ACTION: Department of Defense (DoD) and the
use of automated collection techniques Committee Meeting. Designated Federal Officer, the Defense
amozie on DSK3GDR082PROD with NOTICES1
or other forms of information Science Board was unable to provide
technology, e.g., permitting electronic SUMMARY: The Department of Defense public notification required by 41 CFR
submission of responses. (DoD) is publishing this notice to 102–3.150(a) concerning the meeting on
Comments submitted in response to announce that the following Federal July 18 through 19, 2018, of the Defense
this notice will be summarized or Advisory Committee meeting of the Science Board. Accordingly, the
included in the request for OMB Defense Science Board (DSB) will take Advisory Committee Management
approval of this information collection; place. Officer for the Department of Defense,
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Document Created: 2018-07-21 00:49:18
Document Modified: 2018-07-21 00:49:18
| 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 21, 2018. | |
| 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 [email protected] with ``Information Collection: 0070'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' | |
| FR Citation | 83 FR 34834 |
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