83 FR 49069 - Submission for OMB Review; Comment Request; “Fee Deficiency Submissions”

DEPARTMENT OF COMMERCE
Patent and Trademark Office

Federal Register Volume 83, Issue 189 (September 28, 2018)

Page Range		49069-49070
FR Document		2018-21213

Federal Register, Volume 83 Issue 189 (Friday, September 28, 2018)

[Federal Register Volume 83, Number 189 (Friday, September 28, 2018)]
[Notices]
[Pages 49069-49070]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-21213]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

 Patent and Trademark Office


Submission for OMB Review; Comment Request; ``Fee Deficiency 
Submissions''

    The Department of Commerce will submit to the Office of Management 
and Budget (OMB) for clearance the following proposal for collection of 
information under the provisions of the Paperwork Reduction Act.
    Agency: United States Patent and Trademark Office, Commerce.
    Title: Fee Deficiency Submissions.
    OMB Control Number: 0651-0070.
    Form Number(s): None.
    Type of Request: Regular.
    Number of Respondents: 2,500 responses per year.
    Average Hours per Response: 2 hours per response.
    Burden Hours: 5,000 hours annually.
    Cost Burden: $335.00.
    Needs and Uses: The Leahy-Smith America Invents Act (``Act'') was 
enacted into law on September 16, 2011. See Public Law 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 small and micro entity fee payment 
errors, 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.
    This information collection is necessary so that patent applicants 
and patentees may pay the balance of fees due (i.e., make a fee 
deficiency payment) when a fee was previously paid in error in a micro 
or small entity amount. The USPTO needs the information to be able to 
process and properly record a fee deficiency payment 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. 
This renewal seeks to extend the authority of USPTO to collect the 
balance of fees due from those who may have such an outstanding balance 
(i.e., a fee deficiency).
    Affected Public: Businesses or other for-profits; not-for-profit 
institutions.
    Frequency: On occasion.
    Respondent's Obligation: Required to obtain or retain benefits.
    OMB Desk Officer: Nicholas A. Fraser, email: 
[email protected].
    Once submitted, the request will be publicly available in 
electronic format through reginfo.gov. Follow the instructions to view 
Department of Commerce collections currently under review by OMB.
    Further information can be obtained by:

[[Page 49070]]

     Email: [email protected]. Include ``0651-
0070'' in the subject line of the message.
     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.
    Written comments and recommendations for the proposed information 
collection should be sent on or before October 29, 2018 to Nicholas A. 
Fraser, OMB Desk Officer, via email to [email protected], 
or by fax to 202-395-5167, marked to the attention of Nicholas A. 
Fraser.

Marcie Lovett,
Director, Records and Information Governance Division, OCTO, United 
States Patent and Trademark Office.
[FR Doc. 2018-21213 Filed 9-27-18; 8:45 am]
 BILLING CODE 3510-16-P

Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices 49069

included in the request for OMB supplemental examination and Average Hours per Response: 2 hours
approval of this information collection. reexamination proceedings and to per response.
They also will become a matter of ensure that the associated Burden Hours: 5,000 hours annually.
public record. documentation is submitted to the Cost Burden: $335.00.
Comments are invited on: USPTO. Needs and Uses: The Leahy-Smith
(a) Whether the proposed collection of Affected Public: Businesses or other America Invents Act (‘‘Act’’) was
information is necessary for the proper for-profits; not-for-profit institutions. enacted into law on September 16, 2011.
performance of the functions of the Frequency: On occasion. See Public Law 112–29, 125 Stat. 283
agency, including whether the Respondent’s Obligation: Required to (2011). Under section 10(b) of the Act,
information shall have practical utility; Obtain or Retain Benefits. eligible small entities shall receive a 50
(b) The accuracy of the agency’s OMB Desk Officer: Nicholas A. Fraser, percent fee reduction from the
estimate of the burden (including hours email: Nicholas_A._Fraser@ undiscounted fees for filing, searching,
and cost) of the proposed collection of omb.eop.gov. examining, issuing, appealing, and
information; Once submitted, the request will be maintaining patent applications and
(c) Ways to enhance the quality, publicly available in electronic format patents. The Act further provides that
utility, and clarity of the information to through http://www.reginfo.gov. Follow micro entities shall receive a 75 percent
be collected; and the instructions to view Department of fee reduction from the undiscounted
(d) Ways to minimize the burden of Commerce collections currently under fees for filing, searching, examining,
the collection of information on review by OMB. issuing, appealing, and maintaining
respondents, e.g., the use of automated Further information can be obtained patent applications and patents.
collection techniques or other forms of by: This information collection covers the
information technology. • Email: InformationCollection@ submissions made by patent applicants
Marcie Lovett, uspto.gov. Include ‘‘0651–0064 copy and patentees to excuse small and micro
Records and Information Governance request’’ in the subject line of the entity fee payment errors, in accordance
Division Director, OCTO, United States Patent message. with the procedures set forth in 37 CFR
and Trademark Office. • Mail: Marcie Lovett, Records and 1.28(c) and 1.29(k). Specifically, 37 CFR
[FR Doc. 2018–21215 Filed 9–27–18; 8:45 am] Information Governance Division 1.28(c) provides a procedure by which
BILLING CODE 3510–16–P Director, Office of the Chief Technology patent applicants and patentees may be
Officer, United States Patent and excused for erroneous payments of fees
Trademark Office, P.O. Box 1450, in the small entity amount. 37 CFR
DEPARTMENT OF COMMERCE Alexandria, VA 22313–1450. 1.29(k) provides a procedure by which
Written comments and patent applicants and patentees may be
Patent and Trademark Office recommendations for the proposed excused for erroneous payments of fees
information collection should be sent on in the micro entity amount.
Submission for OMB Review; or before October 29, 2018 to Nicholas This information collection is
Comment Request; ‘‘Patent A. Fraser, OMB Desk Officer, via email necessary so that patent applicants and
Reexamination and Supplemental to Nicholas_A._Fraser@omb.eop.gov, or patentees may pay the balance of fees
Examinations’’ by fax to 202–395–5167, marked to the due (i.e., make a fee deficiency
The United States Patent and attention of Nicholas A. Fraser. payment) when a fee was previously
Trademark Office (USPTO) will submit paid in error in a micro or small entity
Marcie Lovett, amount. The USPTO needs the
to the Office of Management and Budget
Records and Information Governance information to be able to process and
(OMB) for clearance the following Division Director, OCTO, United States Patent
proposal for collection of information properly record a fee deficiency
and Trademark Office.
under the provisions of the Paperwork payment to avoid questions arising later
[FR Doc. 2018–21212 Filed 9–27–18; 8:45 am]
Reduction Act. either for the USPTO or for the
BILLING CODE 3510–16–P applicant or patentee as to whether the
Agency: United States Patent and
Trademark Office, Commerce. proper fees have been paid in the
Title: Patent Reexamination and application or patent. This renewal
Supplemental Examinations. DEPARTMENT OF COMMERCE
seeks to extend the authority of USPTO
OMB Control Number: 0651–0064. Patent and Trademark Office to collect the balance of fees due from
Form Number(s): those who may have such an
• PTO/SB/57 Submission for OMB Review; outstanding balance (i.e., a fee
• PTO/SB/59 Comment Request; ‘‘Fee Deficiency deficiency).
Type of Request: Regular. Submissions’’ Affected Public: Businesses or other
Number of Respondents: 1,540 for-profits; not-for-profit institutions.
responses per year. The Department of Commerce will Frequency: On occasion.
Average Hour per Response: The submit to the Office of Management and Respondent’s Obligation: Required to
USPTO estimates that it will take the Budget (OMB) for clearance the obtain or retain benefits.
public approximately between 18 following proposal for collection of OMB Desk Officer: Nicholas A. Fraser,
minutes (0.30 hours) to 55 hours to information under the provisions of the email: Nicholas_A._Fraser@
gather the necessary information, Paperwork Reduction Act. omb.eop.gov.
prepare the appropriate form or other Agency: United States Patent and Once submitted, the request will be
amozie on DSK3GDR082PROD with NOTICES1

document, and submit the information Trademark Office, Commerce. publicly available in electronic format
to the USPTO. Title: Fee Deficiency Submissions. through reginfo.gov. Follow the
Burden Hours: 32,962.50 hours per OMB Control Number: 0651–0070. instructions to view Department of
year. Form Number(s): None. Commerce collections currently under
Cost Burden: $2,747,178 per year. Type of Request: Regular. review by OMB.
Needs and Uses: The public uses this Number of Respondents: 2,500 Further information can be obtained
information collection to request responses per year. by:

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49070 Federal Register / Vol. 83, No. 189 / Friday, September 28, 2018 / Notices

• Email: InformationCollection@ Federal court or the USPTO in which COMMITTEE FOR PURCHASE FROM
uspto.gov. Include ‘‘0651–0070’’ in the the patent owner took a position on the PEOPLE WHO ARE BLIND OR
subject line of the message. scope of any claim of the patent. The SEVERELY DISABLED
• Mail: Marcie Lovett, Director, public may use this information to aid
Records and Information Governance in ascertaining the patentability and/or Procurement List; Deletions
Division, Office of the Chief Technology scope of the claims of the patent. The AGENCY: Committee for Purchase From
Officer, United States Patent and USPTO may use the information during People Who Are Blind or Severely
Trademark Office, P.O. Box 1450, subsequent reissue or reexamination Disabled.
Alexandria, VA 22313–1450. proceedings, except that the USPTO’s
Written comments and ACTION: Deletions from the Procurement
use of statements of the patent owner List.
recommendations for the proposed
that were filed by the patent owner in
information collection should be sent on SUMMARY: This action deletes products
or before October 29, 2018 to Nicholas a proceeding before a Federal court or
the USPTO in which the patent owner and services from the Procurement List
A. Fraser, OMB Desk Officer, via email that were furnished by nonprofit
to Nicholas_A._Fraser@omb.eop.gov, or took a position on the scope of any
claim of the patent will be limited to agencies employing persons who are
by fax to 202–395–5167, marked to the blind or have other severe disabilities.
attention of Nicholas A. Fraser. determining the meaning of a patent
claim in ex parte reexamination DATES: Date deleted from the
Marcie Lovett, proceedings that have already been Procurement List: October 28, 2018.
Director, Records and Information ordered and in inter partes review and ADDRESSES: Committee for Purchase
Governance Division, OCTO, United States post review proceedings that have From People Who Are Blind or Severely
Patent and Trademark Office. Disabled, 1401 S Clark Street, Suite 715,
already been instituted.
[FR Doc. 2018–21213 Filed 9–27–18; 8:45 am] Arlington, Virginia 22202–4149.
BILLING CODE 3510–16–P
Affected Public: Businesses or other
FOR FURTHER INFORMATION CONTACT:
for-profits; not-for-profit institutions.
Michael R. Jurkowski, Telephone: (703)
Frequency: On occasion. 603–2117, Fax: (703) 603–0655, or email
DEPARTMENT OF COMMERCE CMTEFedReg@AbilityOne.gov.
Respondent’s Obligation: Required to
Patent and Trademark Office Obtain or Retain Benefits. SUPPLEMENTARY INFORMATION:
OMB Desk Officer: Nicholas A. Fraser, Deletions
Submission for OMB Review; email: Nicholas_A._Fraser@
Comment Request; ‘‘Post Patent Public On 8/24/2018 (83 FR 165), the
omb.eop.gov.
Submissions’’ Committee for Purchase From People
Once submitted, the request will be Who Are Blind or Severely Disabled
The United States Patent and publicly available in electronic format published notice of proposed deletions
Trademark Office (USPTO) will submit through www.reginfo.gov. Follow the from the Procurement List.
to the Office of Management and Budget instructions to view Department of After consideration of the relevant
(OMB) for clearance the following Commerce collections currently under matter presented, the Committee has
proposal for collection of information review by OMB. determined that the products and
under the provisions of the Paperwork services listed below are no longer
Reduction Act. Further information can be obtained
suitable for procurement by the Federal
Agency: United States Patent and by:
Government under 41 U.S.C. 8501–8506
Trademark Office, Department of • Email: InformationCollection@ and 41 CFR 51–2.4.
Commerce. uspto.gov. Include ‘‘0651–0067
Title: Post Patent Public Submissions. information request’’ in the subject line Regulatory Flexibility Act Certification
OMB Control Number: 0651–0067. of the message. I certify that the following action will
Form Number(s): not have a significant impact on a
• Mail: Marcie Lovett, Records and
• PTO/SB/42 substantial number of small entities.
Information Governance Division
Type of Request: Regular. The major factors considered for this
Director, Office of the Chief Technology
Number of Respondents: 100 certification were:
responses per year. Officer, United States Patent and 1. The action will not result in
Average Hours per Response: The Trademark Office, P.O. Box 1450, additional reporting, recordkeeping or
USPTO expects that it will take the Alexandria, VA 22314–1450. other compliance requirements for small
public 10 hours to respond to the items Written comments and entities.
in this collection. This includes the time recommendations for the proposed 2. The action may result in
to gather the necessary information, information collection should be sent on authorizing small entities to furnish the
create the document, and submit the or before October 29, 2018 to Nicholas products and services to the
completed request to the USPTO. A. Fraser, OMB Desk Officer, via email Government.
Burden Hours: 1,000 hours per year. to Nicholas_A._Fraser@omb.eop.gov, or 3. There are no known regulatory
Cost Burden: $11.50 per year. by fax to 202–395–5167, marked to the alternatives which would accomplish
Needs and Uses: This information the objectives of the Javits-Wagner-
attention of Nicholas A. Fraser.
collection is necessary so that the public O’Day Act (41 U.S.C. 8501–8506) in
may submit, in a patent file, prior art Marcie Lovett, connection with the product(s) and
amozie on DSK3GDR082PROD with NOTICES1

consisting of patents or printed Records and Information Governance service(s) deleted from the Procurement
publications which the person making Division Director, OCTO, United States Patent List.
the submission believes to have a and Trademark Office.
bearing on the patentability of any claim End of Certification
[FR Doc. 2018–21214 Filed 9–27–18; 8:45 am]
of the patent, and statements of the BILLING CODE 3510–16–P
Accordingly, the following products
patent owner that were filed by the and services are deleted from the
patent owner in a proceeding before a Procurement List:

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Document Created: 2018-09-28 01:23:37
Document Modified: 2018-09-28 01:23:37

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
FR Citation		83 FR 49069

83 FR 49069 - Submission for OMB Review; Comment Request; “Fee Deficiency Submissions”

DEPARTMENT OF COMMERCEPatent and Trademark Office

Federal Register Volume 83, Issue 189 (September 28, 2018)

DEPARTMENT OF COMMERCE
Patent and Trademark Office