83_FR_58986 83 FR 58761 - Submission for OMB Review; Comment Request; “Patent Review and Derivation Proceedings”

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 Range58761-58761
FR Document2018-25409

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
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                                               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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation83 FR 58761 

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