83 FR 45106 - Matters Related to First Inventor To File
DEPARTMENT OF COMMERCE
Patent and Trademark Office Federal Register Volume 83, Issue 172 (September 5, 2018)
Patent and Trademark Office
Federal Register Volume 83, Issue 172 (September 5, 2018)
| Page Range | 45106-45108 | |
| FR Document | 2018-19203 |
[Federal Register Volume 83, Number 172 (Wednesday, September 5, 2018)] [Notices] [Pages 45106-45108] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19203] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office Matters Related to First Inventor To File ACTION: Proposed collection; comment request. ----------------------------------------------------------------------- SUMMARY: The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act, invites comments on a proposed extension of an existing information collection: 0651-0069 (Matters Relating to First Inventor to File). DATES: Written comments must be submitted on or before November 5, 2018. ADDRESSES: Written comments may be submitted by any of the following methods:Email: [email protected]. Include ``0651- 0071 comment'' in the subject line of the message. Federal Rulemaking Portal: http://www.regulations.gov. Mail: Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, 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 ``0651-0071 comment'' in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ``Information Collection Review.'' SUPPLEMENTARY INFORMATION: [[Page 45107]] I. Abstract The United States Patent System uses a `first to file' system, as introduced by the Leahy-Smith America Invents Act (AIA) in 2011. To determine the first inventor to file, information is needed in order to identify the inventorship and ownership, or obligation to assign ownership, of each claimed invention on its effective filing date. This collection covers information gathered on various forms or submissions used by the USPTO to determine the first inventor to file. One form, required by 37 CFR 1.55(k), 1.78(a)(6) and 1.78(d)(6) provides information needed to assist the USPTO in determining whether an application is subject to 35 U.S.C. 102 and 103 as amended by Section 3 of the AIA, or 35 U.S.C. 102 and 103 as was in effect on March 15, 2013. Additional information provided to USPTO (37 CFR 1.110) identifies the inventorship and ownership, or obligation to assign ownership, of each claimed invention on its effective filing date (as defined in Sec. 1.109) or on its date of invention, as applicable, in an application or patent naming one or more joint inventors, when necessary for purposes of a USPTO proceeding. Applications may also need to submit additional affidavits or declarations (37 CFR 1.130, 1.131, and 1.132) for several possible situations: (i) To show that a disclosure was by the inventor or joint inventor, or was by a party who obtained the subject matter from the inventor or a joint inventor (1.130), (ii) to show that there was a prior public disclosure by the inventor or a joint inventor, or by a party who obtained the subject matter from the inventor or a joint inventor (1.130), (iii) to establish prior invention or to disqualify a commonly owned patent or published application as prior art (1.131), or (iv) to submit evidence to traverse a rejection or objection on a basis not otherwise provided for (1.132). II. Method of Collection The USPTO anticipates both electronic and paper submissions in this collection; electronically when using the USPTO online filing system EFS-Web, or by mail, facsimile, or hand delivery. III. Data OMB Number: 0651-0071. IC Instruments and Forms: The individual instruments in this collection, as well as any associated forms, are listed in the hourly cost burden table below. Type of Review: Extension of a currently approved collection. Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions. Estimated Number of Respondents: The USPTO estimates that it will receive a total of approximately 23,681 responses per year for this collection. The USPTO estimates that approximately 20,975 of the responses for this collection will be submitted electronically via EFS- Web. These estimates are based on the Agency's long-standing institutional knowledge of and experience with the type of information collected by these items. Estimated Time per Response: The USPTO estimates that the responses in this collection will take the public from 2 to 10 hours to complete. This includes the time to gather the necessary information, create the document, 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, create the document, and submit it to the USPTO, whether the applicant submits the information in paper form or electronically. These estimates are based on the Agency's long-standing institutional knowledge of and experience with the type of information collected and the length of time necessary to complete responses containing similar or like information. Estimated Total Annual Respondent Burden Hours: 207,362 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $90,824,556.00. The USPTO expects that attorneys will complete the instruments associated with this information collection. The professional hourly rate for attorneys is $438, based upon the 2017 Report of the Economic Survey published by AIPLA. Using this hourly rate, the USPTO estimates $90,824,556.00 per year for the total hourly costs associated with respondents. -------------------------------------------------------------------------------------------------------------------------------------------------------- Estimated time Estimated Estimated IC No. Information collection for response annual annual burden Rate ($/hr) Total instrument (hours) responses hours (a) (b) (a) x (b) = (c) (d) (c) x (d) = (e) -------------------------------------------------------------------------------------------------------------------------------------------------------- 1................................... Electronic Submissions Under 37 2 1,700 3,400 $438.00 $1,489,200.00 CFR 1.55(k). 1................................... Submissions Under 37 CFR 1.55(k) 2 50 100 438.00 43,800.00 2................................... Electronic Submissions Under 37 2 1,375 2,750 438.00 1,204,500.00 CFR 1.78(a)(6). 2................................... Submissions Under 37 CFR 2 25 50 438.00 21,900.00 1.78(a)(6). 3................................... Electronic Submissions Under 37 2 340 680 438.00 297,840.00 CFR 1.78(d)(6). 3................................... Submissions Under 37 CFR 2 10 20 438.00 8,760.00 1.78(d)(6). 4................................... Electronic Identification of 2 147 294 438.00 128,772.00 Inventorship and Ownership of the Subject Matter of Individual Claims under 37 CFR 1.110. 4................................... Identification of Inventorship 2 3 68 438.00 29,784.00 and Ownership of the Subject Matter of Individual Claims under 37 CFR 1.110. 5................................... Electronic Rule 1.130, 1.131, 10 19,600 196,000 438.00 85,848,000.00 and 1.132 Affidavits or Declarations. 5................................... Rule 1.130, 1.131, and 1.132 10 400 4,000 438.00 1,752,000.00 Affidavits or Declarations. --------------------------------------------------------------------------------- Total........................... ................................ .............. 23,681 207,362 .............. 90,824,556.00 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 45108]] Estimated Total Annual (Non-hour) Cost Burden: $80.40. The USPTO estimates that the total annualized (non-hour) cost burden for this collection is due to 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 percent--will be submitted by mail, for a total of 12 mailed submissions. The average first-class USPS postage cost for these items is estimated at $6.70; the cost of a one pound mailed submission in a flat rate envelope. Therefore, the USPTO estimates that the postage costs for the mailed submissions in this collection will total $80.40. 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. 2018-19203 Filed 9-4-18; 8:45 am] BILLING CODE 3510-16-P
![45106 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices
Estimated Estimated Estimated Estimated
IC No. Item response time Rate
responses burden hours cost burden
(hours)
(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e)
15 ................... Notice of Judicial Review of a Board 0.10 440 44.00 438.00 19,272.00
Decision (e.g., Notice of Appeal
Under 35 U.S.C. 142).
Total ........ .............................................................. ........................ 11,994 1,474,449.30 ........................ 645,808,793.40
Estimated Total Annual (Non-hour) this information collection. However, Filing Fees
Respondent Cost Burden: $54,307,175. this collection does have annual (non- The filing fees associated with this
There are no capital start-up, hour) costs in the form of filing fees. information collection are listed in the
maintenance, or postage associated with table below:
IC No. Item Responses Filing fees Total cost
(a) (b) (a) × (b) = (c)
1 ..................... Inter Partes Review Request Fee ................................................................. 1,560 $15,500.00 $24,180,000.00
1 ..................... Inter Partes Post-Institution Fee ................................................................... 1,569 15,000.00 23,535,000.00
1 ..................... Inter Partes Review Request of Each Claim in Excess of 20 ...................... 3,390 300.00 1,017,000.00
1 ..................... Inter Partes Post-Institution Request of Each Claim in Excess of 15 .......... 1,786 600.00 1,071,600.00
2 ..................... Post-Grant or Covered Business Method Review Request Fee—Up to 20 92 16,000.00 1,472,000.00
Claims.
2 ..................... Post-Grant or Covered Business Method Review Post-Institution Fee—Up 92 22,000.00 2,024,000.00
to 15 Claims.
2 ..................... Post-Grant or Covered Business Method Review Request of Each Claim 638 375.00 239,250.00
in Excess of 20.
2 ..................... Post-Grant or Covered Business Method Review Post-Institution Fee of 925 825.00 763,125.00
Each Claim in Excess of 15.
3 ..................... Petition for Derivation .................................................................................... 12 400.00 4,800.00
14 ................... Request to Make a Settlement Agreement Available ................................... 1 400.00 400.00
Total ........ ........................................................................................................................ ........................ ........................ 54,307,175.00
IV. Request for Comments collection techniques or other forms of ADDRESSES: Written comments may be
information technology. submitted by any of the following
Comments submitted in response to methods:
this notice will be summarized or Marcie Lovett,
Records and Information Governance • Email: InformationCollection@
included in the request for OMB uspto.gov. Include ‘‘0651–0071
approval of this information collection. Division Director, OCTO United States Patent
and Trademark Office. comment’’ in the subject line of the
They also will become a matter of message.
[FR Doc. 2018–19202 Filed 9–4–18; 8:45 am]
public record.
BILLING CODE 3510–16–P • Federal Rulemaking Portal: http://
Comments are invited on: www.regulations.gov.
(a) Whether the proposed collection of • Mail: Raul Tamayo, Senior Legal
information is necessary for the proper DEPARTMENT OF COMMERCE Advisor, Office of Patent Legal
performance of the functions of the Administration, United States Patent
Patent and Trademark Office
agency, including whether the and Trademark Office, P.O. Box 1450,
information shall have practical utility; Matters Related to First Inventor To Alexandria, VA 22313–1450.
(b) The accuracy of the agency’s File FOR FURTHER INFORMATION CONTACT:
estimate of the burden (including hours Requests for additional information
and cost) of the proposed collection of ACTION: Proposed collection; comment should be directed to Raul Tamayo,
information; request. Senior Legal Advisor, Office of Patent
(c) Ways to enhance the quality, Legal Administration, United States
utility, and clarity of the information to SUMMARY: The United States Patent and Patent and Trademark Office, P.O. Box
be collected; and Trademark Office (USPTO), as required 1450, Alexandria, VA 22313–1450; by
by the Paperwork Reduction Act, invites telephone at 571–272–7728; or by email
(d) Ways to minimize the burden of
daltland on DSKBBV9HB2PROD with NOTICES
comments on a proposed extension of to Raul.Tamayo@uspto.gov with ‘‘0651–
the collection of information on an existing information collection: 0071 comment’’ in the subject line.
respondents, e.g., the use of automated 0651–0069 (Matters Relating to First Additional information about this
Inventor to File). collection is also available at http://
DATES:Written comments must be www.reginfo.gov under ‘‘Information
submitted on or before November 5, Collection Review.’’
2018. SUPPLEMENTARY INFORMATION:
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![45108 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices
Estimated Total Annual (Non-hour) continuing effort to reduce paperwork products, and the second application
Cost Burden: $80.40. The USPTO and respondent burden and as required covers humanitarian research. In both,
estimates that the total annualized (non- by the Paperwork Reduction Act of applicants are required to describe how
hour) cost burden for this collection is 1995, invites comments on a proposed their technology or product satisfies the
due to postage costs. Customers may extension of an existing information program criteria to address
incur postage costs when submitting collection: 0651–0066 (Patents for humanitarian issues. Additionally,
some of the items covered by this Humanity Program). applicants must provide non-public
collection to the USPTO by mail. The DATES: Written comments must be contact information in order for USPTO
USPTO expects that approximately 98 submitted on or before November 5, to notify them about their award status.
percent of the responses in this 2018. Applicants may optionally provide
collection will be submitted ADDRESSES: You may submit comments
contact information for the public to
electronically. Of the remaining 2 by any of the following methods: reach them with any inquiries.
percent, the vast majority—98 percent— • Email: InformationCollection@ Applications must be submitted via
will be submitted by mail, for a total of uspto.gov. Include ‘‘0651–0066 email and will be posted on USPTO’s
12 mailed submissions. The average comment’’ in the subject line of the website. Qualified judges from outside
first-class USPS postage cost for these message. USPTO will review and score the
items is estimated at $6.70; the cost of • Federal Rulemaking Portal: http:// applications. USPTO will then forward
a one pound mailed submission in a flat www.regulations.gov. the top-scoring applications to
rate envelope. Therefore, the USPTO • Mail: Edward Elliott, Records and reviewers from participating Federal
estimates that the postage costs for the Information Governance Division agencies to recommend award
mailed submissions in this collection Director, Office of the Chief Technology recipients.
will total $80.40. Officer, United States Patent and Those applications that are chosen for
Trademark Office, P.O. Box 1450, an award will receive a certificate
IV. Request for Comments redeemable to accelerate select matters
Alexandria, VA 22313–1450.
Comments are invited on: before USPTO. The certificates can be
FOR FURTHER INFORMATION CONTACT:
(a) Whether the proposed collection of redeemed to accelerate one of the
Requests for additional information
information is necessary for the proper following matters: An ex parte
should be directed to Edward Elliott,
performance of the functions of the reexamination proceeding, including
Attorney Advisor, Office of Policy and
agency, including whether the one appeal to the Patent Trial and
International Affairs, United States
information shall have practical utility; Appeal Board (PTAB) from that
Patent and Trademark Office, P.O. Box
(b) the accuracy of the agency’s proceeding; a patent application,
1450, Alexandria, VA 22313–1450; by
estimate of the burden (including hours including one appeal to the PTAB from
telephone at 571–272–7024; or by email
and cost) of the proposed collection of that application; or an appeal to the
to Edward.Elliott@uspto.gov with
information, including the validity of PTAB of a claim twice rejected in a
‘‘0651–0066 comment’’ in the subject
the methodology and assumptions used; patent application or reissue application
(c) ways to enhance the quality, line. Additional information about this
collection is also available at http:// or finally rejected in an ex parte
utility, and clarity of the information to reexamination, without accelerating the
be collected; and (d) ways to minimize www.reginfo.gov under ‘‘Information
Collection Review.’’ underlying matter which generated the
the burden of the collection of appeal. This collection covers the
information on respondents, including SUPPLEMENTARY INFORMATION:
information gathered for petitions to
through the use of automated collection I. Abstract extend an acceleration certificate
techniques or other forms of information redemption beyond 12 months. Winners
Since 2012, the United States Patent
technology, e.g., permitting electronic also are invited to participate in an
and Trademark Office (USPTO) has
submission of responses. awards ceremony at USPTO.
Comments submitted in response to conducted the Patents for Humanity
this notice will be summarized or Program, an annual award program to II. Method of Collection
included in the request for OMB incentivize the distribution of patented
Electronically through the http://
approval of this information collection; technologies or products for the purpose
www.uspto.gov/patentsforhumanity
they will also become a matter of public of addressing humanitarian needs. The
website.
record. program is open to any patent owners or
patent licensees, including inventors III. Data
Marcie Lovett, who have not assigned their ownership OMB Number: 0651–0066.
Director, Records and Information rights to others, assignees, and exclusive IC Instruments and Forms: PTO/PFH/
Governance Division, Office of the Chief or non-exclusive licenses. USPTO 001, PTO/PFH/002, PTO/SB/431.
Technology Officer, USPTO. collects information from applicants Type of Review: Extension of a
[FR Doc. 2018–19203 Filed 9–4–18; 8:45 am] that describe what actions they have currently approved collection.
BILLING CODE 3510–16–P taken with their patented technology to Affected Public: Businesses or other
address the welfare of impoverished for-profits; not-for-profit businesses;
populations, or how they furthered individuals and households.
DEPARTMENT OF COMMERCE research by others on technologies for Estimated Number of Respondents: 55
humanitarian purposes. Currently, there responses per year.
Patent and Trademark Office are five categories of awards: Medicine, Estimated Time per Response: USPTO
daltland on DSKBBV9HB2PROD with NOTICES
Nutrition, Sanitation, Household estimates that it will take the public
Patents for Humanity Program
Energy, and Living Standards. approximately four hours to complete
ACTION: Proposed collection; comment This collection covers information the humanitarian program application.
request. gathered on two application forms for Those selected as winners (about 5 to 10
the Patents for Humanity Program. The per year) may additionally require one
SUMMARY: The United States Patent and first application covers the hour to complete a petition to extend
Trademark Office (USPTO) as part of its humanitarian uses of technologies or their acceleration certificate redemption
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Document Created: 2018-09-05 01:59:13
Document Modified: 2018-09-05 01:59:13
| 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 November 5, 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, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email to [email protected] with ``0651-0071 comment'' 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 45106 |
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