83 FR 58761 - Submission for OMB Review; Comment Request; “Patent Review and Derivation Proceedings”

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 83, Issue 225 (November 21, 2018)

Page Range		58761-58761
FR Document		2018-25409

Federal Register, Volume 83 Issue 225 (Wednesday, November 21, 2018)

[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Notices]
[Page 58761]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25409]



[[Page 58761]]

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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Submission for OMB Review; Comment Request; ``Patent Review and 
Derivation Proceedings''

    The United States Patent and Trademark Office (USPTO) 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 (44 U.S.C. Chapter 35).
    Agency: United States Patent and Trademark Office, Commerce
    Title: Patent Review and Derivation Proceedings.
    Form Number(s): N/A.
    Type of Request: Regular.
    Number of Respondents: 11.994 responses per year.
    Average Hours per Response: The USPTO estimates that it will take 
the public between an estimated 6 minutes (0.10 hours) to 165.30 hours 
to complete an individual form in this collection.
    Burden Hours: 1,474,449 hours.
    Cost Burden: $54,307,175 per year.
    Needs and Uses: The public will use this information collection to 
petition the Board to seek the institution of--and to participate in--
inter partes reviews, post-grant reviews, covered business method 
patent reviews, and derivation proceedings.
    The Board disseminated information that it collections (unless 
filed under seal) through various publications and databases. This 
information collection includes the filings of the parties and 
decisions and orders by the Board in trials and derivation proceedings.
    Opinions authored by the Board have varying degrees of authority 
attached to them. There are precedential opinions which, when 
published, are binding and provide the criteria and authority that the 
Board will use to decide all other factually similar cases (until the 
opinion is overruled or changed by statute). There are informative 
opinions, which are non-precedential and illustrate the norms of Board 
decision-making for the public. There are representative opinions, 
which are non-precedential and are publicly available opinions that are 
not designed as precedential or informative. Since public policy favors 
a widespread publication of opinions, the Board publishes all publicly 
available opinions, even if the opinions are not binding precedent upon 
the Board.
    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: 
Nicholas_A._Fraser@omb.eop.gov.
    Once submitted, the request will be publically available in 
electronic format through www.reginfo.gov. Follow the instructions to 
view Department of Commerce collections currently under review by OMB.
    Further information can be obtained by:
     Email: InformationCollection@uspto.gov. Include ``0651-
0069 copy request'' in the subject line of the message.
     Mail: Marcie Lovett, Records and Information Governance 
Division Director, Office of the Chief Administrative 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 December 21, 2018 to Nicholas A. 
Fraser, OMB Desk Officer, via email to Nicholas_A._Fraser@omb.eop.gov, 
or by fax to 202-395-5167, marked to the attention of Nicholas A. 
Fraser.

Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief 
Administrative Officer.
[FR Doc. 2018-25409 Filed 11-20-18; 8:45 am]
BILLING CODE 3510-16-P

Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices 58761

DEPARTMENT OF COMMERCE Respondent’s Obligation: Required to create the document, and submit the
Obtain or Retain Benefits. completed request to the USPTO.
United States Patent and Trademark OMB Desk Officer: Nicholas A. Fraser, Burden Hours: 207,362 hours per
Office email: Nicholas_A._Fraser@ year.
omb.eop.gov. Cost Burden: $80.40 per year.
Submission for OMB Review; Once submitted, the request will be Needs and Uses: This information
Comment Request; ‘‘Patent Review publically available in electronic format collection is necessary so that patent
and Derivation Proceedings’’ through www.reginfo.gov. Follow the applicants and/or patentees may: (1)
instructions to view Department of Provide a statement if a nonprovisional
The United States Patent and application filed on or after March 16,
Trademark Office (USPTO) will submit Commerce collections currently under
review by OMB. 2013, other than a nonprovisional
to the Office of Management and Budget international design application, claims
(OMB) for clearance the following Further information can be obtained
by: the benefit of, or priority to, the filing
proposal for collection of information
under the provisions of the Paperwork • Email: InformationCollection@ date of a foreign, provisional, or
uspto.gov. Include ‘‘0651–0069 copy nonprovisional application filed prior to
Reduction Act (44 U.S.C. Chapter 35). March 16, 2013, and also contains, or
Agency: United States Patent and request’’ in the subject line of the
message. contained at any time, a claim to a
Trademark Office, Commerce
Title: Patent Review and Derivation • Mail: Marcie Lovett, Records and claimed invention that has an effective
Information Governance Division filing date (as defined in 37 CFR 1.109)
Proceedings. on or after March 16, 2013; (2) identify
Form Number(s): N/A. Director, Office of the Chief
Administrative Officer, United States the inventorship and ownership or
Type of Request: Regular. obligation to assign ownership of each
Number of Respondents: 11.994 Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313–1450. claimed invention on its effective filing
responses per year. date (as defined in 37 CFR 1.109) or on
Average Hours per Response: The Written comments and
recommendations for the proposed its date of invention, as applicable, in an
USPTO estimates that it will take the application or patent naming one or
public between an estimated 6 minutes information collection should be sent on
or before December 21, 2018 to Nicholas more joint inventors, when necessary
(0.10 hours) to 165.30 hours to complete for purposes of a USPTO proceeding;
an individual form in this collection. A. Fraser, OMB Desk Officer, via email
to Nicholas_A._Fraser@omb.eop.gov, or and (3) show that a disclosure was by
Burden Hours: 1,474,449 hours. the inventor or joint inventor, or was by
Cost Burden: $54,307,175 per year. by fax to 202–395–5167, marked to the
attention of Nicholas A. Fraser. a party who obtained the subject matter
Needs and Uses: The public will use from the inventor or a joint inventor, or
this information collection to petition Marcie Lovett, that there was a prior public disclosure
the Board to seek the institution of—and Records Management Division Director, by the inventor or a joint inventor, or by
to participate in—inter partes reviews, USPTO, Office of the Chief Administrative a party who obtained the subject matter
post-grant reviews, covered business Officer. from the inventor or a joint inventor.
method patent reviews, and derivation [FR Doc. 2018–25409 Filed 11–20–18; 8:45 am] The USPTO will use the statement
proceedings. BILLING CODE 3510–16–P that a nonprovisional application filed
The Board disseminated information on or after March 16, 2013, other than
that it collections (unless filed under a nonprovisional international design
seal) through various publications and DEPARTMENT OF COMMERCE application, that claims the benefit of, or
databases. This information collection priority to, the filing date of a foreign,
includes the filings of the parties and United States Patent and Trademark provisional, or nonprovisional
decisions and orders by the Board in Office application filed prior to March 16,
trials and derivation proceedings. 2013, and contains, or contained at any
Opinions authored by the Board have Submission for OMB Review; time, a claim to a claimed invention that
varying degrees of authority attached to Comment Request; ‘‘Matters Related to has an effective filing date (as defined
them. There are precedential opinions First Inventor to File’’ in 37 CFR 1.109) on or after March 16,
which, when published, are binding and The Department of Commerce will 2013, (or lack of such a statement) to
provide the criteria and authority that submit to the Office of Management and readily determine whether the
the Board will use to decide all other Budget (OMB) for clearance the nonprovisional application is subject to
factually similar cases (until the opinion following proposal for collection of the changes to 35 U.S.C. 102 and 103 in
is overruled or changed by statute). information under the provisions of the the AIA. The USPTO will use the
There are informative opinions, which Paperwork Reduction Act. identification of the inventorship and
are non-precedential and illustrate the Agency: United States Patent and ownership or obligation to assign
norms of Board decision-making for the Trademark Office, Commerce. ownership when it is necessary to
public. There are representative Title: Matters Related to First Inventor determine whether a U.S. patent or U.S.
opinions, which are non-precedential to File. patent application publication resulting
and are publicly available opinions that OMB Control Number: 0651–0071. from another nonprovisional
are not designed as precedential or Form Number(s): None. application qualifies as prior art under
informative. Since public policy favors Type of Request: Regular. 35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C.
a widespread publication of opinions, Number of Respondents: 23,681 102(e). The USPTO will use information
khammond on DSK30JT082PROD with NOTICES

the Board publishes all publicly responses per year. concerning whether a disclosure was by
available opinions, even if the opinions Average Time per Response: The the inventor or joint inventor, or was by
are not binding precedent upon the USPTO expects that it will take between a party who obtained the subject matter
Board. 2 and 10 hours to respond to the items from the inventor or a joint inventor, or
Affected Public: Businesses or other in this collection, depending upon the that there was a prior public disclosure
for-profits; not-for-profit institutions. instrument used. This includes the time by the inventor or a joint inventor, or by
Frequency: On occasion. to gather the necessary information, a party who obtained the subject matter

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Document Created: 2018-11-21 03:11:54
Document Modified: 2018-11-21 03:11:54

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 58761

83 FR 58761 - Submission for OMB Review; Comment Request; “Patent Review and Derivation Proceedings”

DEPARTMENT OF COMMERCEUnited States Patent and Trademark Office

Federal Register Volume 83, Issue 225 (November 21, 2018)

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office