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)

[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]


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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