SUPPLEMENTARY INFORMATION:

Title: Patent Trial and Appeal Board (PTAB) Appeals.

OMB Control Number: 0651-0063.

Abstract: The Patent Trial and Appeal Board (hereafter “PTAB” or Board”) is established by statute under 35 U.S.C. 6. This statute directs, in relevant part, that PTAB shall “on written appeal of an applicant, review adverse decisions of examiners upon applications for patents pursuant to section 134(a).” PTAB has the authority, under 35 U.S.C. 134 and 306 to decide appeals in applications and ex parte reexamination proceedings, and under pre-AIA sections of the Patent Act, i.e.,35 U.S.C. 134, 135, and 315, to decide appeals in inter partes reexamination proceedings and interferences. In addition, 35 U.S.C. 6 establishes the membership of PTAB as the Director, the Deputy Director, the Commissioner for Patents, the Commissioner for Trademarks, and the Administrative Patent Judges. Appeals and interferences are decided by a merits panel of at least three members of the Board.

The Board's responsibilities under the statute include the review of ex parte appeals from adverse decisions of examiners in those situations where a written appeal is taken by a dissatisfied applicant or patent owner. In inter partes reexamination appeals, PTAB reviews an examiner's decision adverse to a patent owner or a third-party requester. PTAB's opinions and decisions for publicly available files are published on the USPTO website.^[1] The Board also conducts interference proceedings.

The items associated with this information collection include appeals in applications, ex parte reexamination proceedings, and appeals in inter partes reexamination proceedings and interference proceedings that are governed by the regulations in 37 CFR 41. Failure to comply with the appropriate regulations may result in dismissal of the appeal or denial of entry of the submission.

Since the publication of the 60-day notice, the USPTO has updated the number of responses associated with this information collection to include respondents participating in the SPARK Pilot Program. This results in an increase of 50 respondents, responses, and burden hours to this information collection.

Forms: (AIA = America Invents Act; SB = Specimen Book)

• PTO/AIA/31: (Notice of Appeal from the Examiner to the Patent Trial and Appeal Board).
• PTO/SB/31: (Notice of Appeal from the Examiner to the Board of Patent Appeals and Interferences).
• PTO/AIA/32: (Request for Oral Hearing before the Patent Trial and Appeal Board).
• PTO/SB/32: (Request for Oral Hearing before the Patent Trial and Appeal Board).
• PTO/SB/479b: Certification and Petition Under the Standards Participation and Representation Kudos (SPARK) Pilot Program to Expedite an Appeal to the Patent Trial and Appeal Board (PTAB).

Type of Review: Extension and revision of a currently approved information collection.

Affected Public: Private sector.

Respondent's Obligation: Required to obtain or retain benefits.

Frequency: On occasion.

Estimated Number of Annual Respondents: 16,955 respondents.

Estimated Number of Annual Responses: 31,544 responses.

Estimated Time per Response: The USPTO estimates that the responses in this information collection will take the public approximately 30 minutes (0.50 hours) to 120 hours to complete. This includes the time to gather the necessary information, create the document, and submit the completed item to the USPTO.

Estimated Total Annual Respondent Burden Hours: 337,712 hours.

Estimated Total Annual Respondent Non-hourly Cost Burden: $24,086,261. ( printed page 55323) Since the publication of the 60-day notice, the USPTO has updated the postage rate associated with this information collection from $12.25 to $13.25. This results in an increase of $315 in non-hourly cost burden, for a new estimated total annual respondent non-hourly cost burden of $24,086,261.

91 FR 55322