Statutory Invention Registration, 72618-72619 [E5-6870]
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72618
Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Notices
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Statutory Invention Registration
ACTION:
Proposed collection; comment
request.
SUMMARY: The United States Patent and
Trademark Office (USPTO), as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to comment on the extension of
a currently approved collection, as
required by the Paperwork Reduction
Act of 1995, Public Law 104–13 (44
U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be
submitted on or before February 6, 2006.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: Susan.Brown@uspto.gov.
Include ‘‘0651–0036 comment’’ in the
subject line of the message.
• Fax: 571–273–0112, marked to the
attention of Susan Brown.
• Mail: Susan K. Brown, Records
Officer, Office of the Chief Information
Officer, Office of Data Architecture and
Services, Data Administration Division,
U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313–1450.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to the attention of
Robert J. Spar, Director, Office of Patent
Legal Administration, U.S. Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–7700; or by e-mail
at bob.spar@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
A statutory invention registration is
not a patent. It has the defensive
attributes of a patent but does not have
the enforceable attributes of a patent. In
other words, a person occasionally
invents something solely for personal
use (not for production or sale) and does
not want to go through the effort and
expense of obtaining a patent on the
invention. At the same time, the
inventor wants to prevent someone else
from later obtaining a patent on a like
invention. In that situation, the inventor
can register a statutory invention and
have it published. Once published, it
cannot be claimed by another person.
35 U.S.C. 157 authorizes the United
States Patent and Trademark Office
(USPTO) to publish a statutory
invention registration containing the
specifications and drawings of a
regularly filed application for a patent
without examination, providing the
patentee meets all the requirements for
printing, waives the right to receive a
patent on the invention within a certain
period of time prescribed by the
USPTO, and pays all application,
publication and other processing fees.
The USPTO administers 35 U.S.C. 157
through 37 CFR 1.293–1.297. Under
these rules, an applicant for an original
patent may request, at any time during
the pendency of the applicant’s pending
complete application, that the
specifications and drawings be
published as a statutory invention
registration. Any request for a statutory
invention registration may be examined
to determine if the requirements have
been met, if the subject matter of the
application is appropriate for
publication, and if the requirements for
publication are met.
The public may petition the USPTO
to review rejection decisions within one
month or such other time as is set forth
in the decision refusing publication.
The public may also petition the USPTO
to withdraw a request to publish a
statutory invention registration prior to
the date of the notice of the intent to
publish.
If the request for a statutory invention
registration is approved, a notice to that
effect will be published in the Official
Gazette of the USPTO. Each statutory
invention registration published will
include a statement relating to the
attributes of a statutory invention
registration.
The public uses form PTO/SB/94,
Request for Statutory Invention
Registration, to request and authorize
publication of a regularly-filed patent
application as a Statutory Invention
Registration, to waive the right to
receive a United States patent on the
same invention claimed in the
identified patent application, to agree
that the waiver will be effective upon
publication of the statutory invention
registration, and to state that the
identified patent application complies
with the requirements for printing. No
forms are associated with the petition
for a review of the refusal to publish a
statutory invention registration or the
petition to withdraw the request for
publication of a statutory invention
registration.
II. Method of Collection
By mail, facsimile, or hand delivery to
the USPTO when the applicant or agent
files a statutory invention registration
with the USPTO.
III. Data
OMB Number: 0651–0036.
Form Number(s): PTO/SB/94.
Type of Review: Extension of a
currently approved collection.
Affected Public: Individuals or
households; business or other for-profit;
not-for-profit institutions; farms; the
Federal Government; and state, local or
tribal governments.
Estimated Number of Respondents: 8
responses per year.
Estimated Time per Response: The
USPTO estimates that it will take
approximately 24 minutes each (0.40
hours) to gather, prepare, and submit
the request for statutory invention
registration, the petition to review the
rejection decision, and the petition to
withdraw the publication request,
depending upon the complexity of the
situation. This collection contains 1
form and 2 petitions.
Estimated Total Annual Respondent
Burden Hours: 4 hours per year.
Estimated Total Annual Respondent
Cost Burden: $1,144. Using the
professional hourly rate of $286 per
hour for associate attorneys in private
firms, the USPTO estimates $1,144 per
year for salary costs associated with
respondents.
Estimated
time for
response
(minutes)
Item
Estimated
annual
responses
Estimated
annual
burden
hours
Statutory Invention Registration ..............................................................................................................
Petition to Review Rejection Decision .....................................................................................................
Petition to Withdraw Publication Request ...............................................................................................
24
24
24
5
1
2
2
1
1
Total ..................................................................................................................................................
....................
8
4
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72619
Federal Register / Vol. 70, No. 233 / Tuesday, December 6, 2005 / Notices
Estimated Total Annual Non-hour
Respondent Cost Burden: $8,165. There
are no capital start-up costs or
maintenance costs associated with this
information collection. However, this
collection does have postage costs and
filing fees.
The public may submit the paper
forms and petitions in this collection to
the USPTO by mail through the United
States Postal Service. The USPTO
estimates that the average first-class
postage cost for a mailed submission
will be 63 cents (based on the approved
change of postage rates going into effect
January 8, 2006), and that customers
filing the documents associated with
this information collection may choose
to mail their submissions to the USPTO.
Therefore, the USPTO estimates that up
to 8 submissions per year may be mailed
to the USPTO at an average first-class
postage cost of 63 cents, for a total
postage cost of $5.
There is annual non-hour cost burden
in the way of filing fees associated with
this collection. The estimated filing
costs for this collection of $8,160 are
calculated in the accompanying chart.
Responses
(a)
Item
Filing Fee
($)
(b)
Total NonHour Cost
Burden
(a) × (b)
Statutory Invention Registration (requested prior to mailing of first office action, 37 CFR 1.17(n)) ..
Statutory Invention Registration (requested after mailing of first office action, 37 CFR 1.17(o)) .......
Petition to Review Rejection Decision (37 CFR 1.295) ......................................................................
Petition to Withdraw Publication Request (37 CFR 1.296) .................................................................
Petition to Withdraw Publication Request on or after Date of Notice of Intent to Publish (37 CFR
1.296) ...............................................................................................................................................
2
3
1
1
920.00
1,840.00
200.00
200.00
$1,840.00
$5,520.00
$200.00
$200.00
1
400.00
$400.00
Total ..............................................................................................................................................
8
....................
$8,160.00
The USPTO estimates that the total
non-hour respondent cost burden for
this collection in the form of postage
costs and filing fees amounts to $8,165.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized or
included in the request for OMB
approval of this information collection;
they will also become a matter of public
record.
Dated: November 29, 2005.
Susan K. Brown,
Records Officer, USPTO, Office of Data
Architecture and Services, Data
Administration Division.
[FR Doc. E5–6870 Filed 12–5–05; 8:45 am]
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CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
Information Collection; OMB Approval
Request
Corporation for National and
Community Service.
ACTION: 30-Day Notice.
AGENCY:
SUMMARY: The Corporation for National
and Community Service (hereinafter the
‘‘Corporation’’), has submitted the
following public information collection
request (ICR) entitled ‘‘Volunteer
Service Hour Tracking Tool’’—to the
Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (PRA95) (44
U.S.C. section 3506 (c)(2)(A)) A copy of
the IRC, with applicable supporting
documentation, may be obtained by
calling the Corporation for National and
Community Service, Ms. Kari Dunn,
Executive Director, Presidents Council
on Service and Civic Participation, 202–
606–6708. Individuals who use a
telecommunications device for the deaf
(TTY–TDD) may call (202) 606–3472
between 8:30 a.m. and 5 p.m. Eastern
time, Monday through Friday.
ADDRESSES: Comments may be
submitted, identified by the title of the
information collection activity, to the
Office of Information and Regulatory
Affairs, Attn: Ms. Katherine Astrich,
OMB Desk Officer for the Corporation
for National and Community Service, by
any of the following two methods
within 30 days from this date of
publication in the Federal Register:
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(1) By fax to: (202) 395–6974,
Atttention: Ms. Katherine Astrich, OMB
Desk Officer for the Corporation for
National and Community Service.
(2) Electronically by e-mail to:
Katherine_T._Astrich@omb.eop.gov.
The OMB
is particularly interested in comments
which:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the Corporation, including
whether the information will have
practical utility;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
• Propose ways to enhance the
quality, utility, and clarity of the
information to be collected; and
• Propose ways to minimize the
burden of collection of information on
those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology, e.g., permitting electronic
submissions of responses.
SUPPLEMENTARY INFORMATION:
Comments
A 60-day public comment Notice was
published in the Federal Register on
September 13, 2005. This comment
period ended November 11, 2005. No
public comments were received from
this notice.
Description: The Corporation is
seeking approval of its Volunteer Hour
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[Federal Register Volume 70, Number 233 (Tuesday, December 6, 2005)]
[Notices]
[Pages 72618-72619]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-6870]
[[Page 72618]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Statutory Invention Registration
ACTION: Proposed collection; comment request.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to comment on the
extension of a currently approved collection, as required by the
Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C.
3506(c)(2)(A)).
DATES: Written comments must be submitted on or before February 6,
2006.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: Susan.Brown@uspto.gov. Include ``0651-0036
comment'' in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan Brown.
Mail: Susan K. Brown, Records Officer, Office of the Chief
Information Officer, Office of Data Architecture and Services, Data
Administration Division, U.S. Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Robert J. Spar, Director, Office
of Patent Legal Administration, U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7700; or
by e-mail at bob.spar@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
A statutory invention registration is not a patent. It has the
defensive attributes of a patent but does not have the enforceable
attributes of a patent. In other words, a person occasionally invents
something solely for personal use (not for production or sale) and does
not want to go through the effort and expense of obtaining a patent on
the invention. At the same time, the inventor wants to prevent someone
else from later obtaining a patent on a like invention. In that
situation, the inventor can register a statutory invention and have it
published. Once published, it cannot be claimed by another person.
35 U.S.C. 157 authorizes the United States Patent and Trademark
Office (USPTO) to publish a statutory invention registration containing
the specifications and drawings of a regularly filed application for a
patent without examination, providing the patentee meets all the
requirements for printing, waives the right to receive a patent on the
invention within a certain period of time prescribed by the USPTO, and
pays all application, publication and other processing fees.
The USPTO administers 35 U.S.C. 157 through 37 CFR 1.293-1.297.
Under these rules, an applicant for an original patent may request, at
any time during the pendency of the applicant's pending complete
application, that the specifications and drawings be published as a
statutory invention registration. Any request for a statutory invention
registration may be examined to determine if the requirements have been
met, if the subject matter of the application is appropriate for
publication, and if the requirements for publication are met.
The public may petition the USPTO to review rejection decisions
within one month or such other time as is set forth in the decision
refusing publication. The public may also petition the USPTO to
withdraw a request to publish a statutory invention registration prior
to the date of the notice of the intent to publish.
If the request for a statutory invention registration is approved,
a notice to that effect will be published in the Official Gazette of
the USPTO. Each statutory invention registration published will include
a statement relating to the attributes of a statutory invention
registration.
The public uses form PTO/SB/94, Request for Statutory Invention
Registration, to request and authorize publication of a regularly-filed
patent application as a Statutory Invention Registration, to waive the
right to receive a United States patent on the same invention claimed
in the identified patent application, to agree that the waiver will be
effective upon publication of the statutory invention registration, and
to state that the identified patent application complies with the
requirements for printing. No forms are associated with the petition
for a review of the refusal to publish a statutory invention
registration or the petition to withdraw the request for publication of
a statutory invention registration.
II. Method of Collection
By mail, facsimile, or hand delivery to the USPTO when the
applicant or agent files a statutory invention registration with the
USPTO.
III. Data
OMB Number: 0651-0036.
Form Number(s): PTO/SB/94.
Type of Review: Extension of a currently approved collection.
Affected Public: Individuals or households; business or other for-
profit; not-for-profit institutions; farms; the Federal Government; and
state, local or tribal governments.
Estimated Number of Respondents: 8 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
approximately 24 minutes each (0.40 hours) to gather, prepare, and
submit the request for statutory invention registration, the petition
to review the rejection decision, and the petition to withdraw the
publication request, depending upon the complexity of the situation.
This collection contains 1 form and 2 petitions.
Estimated Total Annual Respondent Burden Hours: 4 hours per year.
Estimated Total Annual Respondent Cost Burden: $1,144. Using the
professional hourly rate of $286 per hour for associate attorneys in
private firms, the USPTO estimates $1,144 per year for salary costs
associated with respondents.
------------------------------------------------------------------------
Estimated Estimated
time for Estimated annual
Item response annual burden
(minutes) responses hours
------------------------------------------------------------------------
Statutory Invention Registration. 24 5 2
Petition to Review Rejection 24 1 1
Decision........................
Petition to Withdraw Publication 24 2 1
Request.........................
--------------
Total........................ ........... 8 4
------------------------------------------------------------------------
[[Page 72619]]
Estimated Total Annual Non-hour Respondent Cost Burden: $8,165.
There are no capital start-up costs or maintenance costs associated
with this information collection. However, this collection does have
postage costs and filing fees.
The public may submit the paper forms and petitions in this
collection to the USPTO by mail through the United States Postal
Service. The USPTO estimates that the average first-class postage cost
for a mailed submission will be 63 cents (based on the approved change
of postage rates going into effect January 8, 2006), and that customers
filing the documents associated with this information collection may
choose to mail their submissions to the USPTO. Therefore, the USPTO
estimates that up to 8 submissions per year may be mailed to the USPTO
at an average first-class postage cost of 63 cents, for a total postage
cost of $5.
There is annual non-hour cost burden in the way of filing fees
associated with this collection. The estimated filing costs for this
collection of $8,160 are calculated in the accompanying chart.
------------------------------------------------------------------------
Total Non-Hour
Item Responses Filing Fee Cost Burden
(a) ($) (b) (a) x (b)
------------------------------------------------------------------------
Statutory Invention 2 920.00 $1,840.00
Registration (requested prior
to mailing of first office
action, 37 CFR 1.17(n))......
Statutory Invention 3 1,840.00 $5,520.00
Registration (requested after
mailing of first office
action, 37 CFR 1.17(o))......
Petition to Review Rejection 1 200.00 $200.00
Decision (37 CFR 1.295)......
Petition to Withdraw 1 200.00 $200.00
Publication Request (37 CFR
1.296).......................
Petition to Withdraw 1 400.00 $400.00
Publication Request on or
after Date of Notice of
Intent to Publish (37 CFR
1.296).......................
--------------
Total..................... 8 ........... $8,160.00
------------------------------------------------------------------------
The USPTO estimates that the total non-hour respondent cost burden
for this collection in the form of postage costs and filing fees
amounts to $8,165.
IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques or other forms of information
technology.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they will also become a matter of public record.
Dated: November 29, 2005.
Susan K. Brown,
Records Officer, USPTO, Office of Data Architecture and Services, Data
Administration Division.
[FR Doc. E5-6870 Filed 12-5-05; 8:45 am]
BILLING CODE 3510-16-P
