Rules for Patent Maintenance Fees, 76032-76034 [05-24346]
Download as PDF
<![CDATA[
cchase on PROD1PC60 with NOTICES
76032
Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices
Brewster-Geisz at (301) 713–2347, fax
(301) 713–1917.
SUPPLEMENTARY INFORMATION: The
Atlantic shark fisheries are managed
under the authority of the MagnusonStevens Fishery Conservation and
Management Act. The Fishery
Management Plan for Atlantic Highly
Migratory Species (HMS FMP) is
implemented by regulations at 50 CFR
part 635.
Stock assessments are periodically
conducted to determine stock status
relative to current management criteria.
Collection of the best available scientific
data and conducting stock assessments
are critical to determine appropriate
management measures for rebuilding
stocks. Based on the last LCS stock
assessment in 2002, NMFS determined
that the LCS complex is overfished and
overfishing is occurring. LCS are
currently under a 26-year rebuilding
plan. Potential changes to existing
management measures will be based, in
large part, on the results of this 2005/
2006 stock assessment.
This assessment will be conducted in
a manner similar to the Southeast Data,
Assessment, and Review (SEDAR)
process. SEDAR is a cooperative process
initiated in 2002 to improve the quality
and reliability of fishery stock
assessments in the South Atlantic, Gulf
of Mexico, and U.S. Caribbean. SEDAR
emphasizes constituent and stakeholder
participation in assessment
development, transparency in the
assessment process, and a rigorous and
independent scientific review of
completed stock assessments. SEDAR is
organized around three workshops. The
first is a Data workshop where datasets
are documented, analyzed, reviewed,
and complied for conducting
assessment analyses. This workshop
was held from October 31 through
November 4, 2005, in Panama City,
Florida. The second is an Assessment
workshop where quantitative
population analyses are developed and
refined and population parameters are
estimated. The third and final is a
Review workshop where a panel of
independent experts reviews the data
and assessment and recommends the
most appropriate values of critical
population and management quantities.
All workshops are open to the public.
More information on the SEDAR process
can be found at https://
www.sefsc.noaa.gov/sedar/.
NMFS announces the Assessment
workshop, the second of three
workshops for the LCS 2005/2006 stock
assessment, which will be held from
February 6 - February 10, 2006, at the
Doubletree Hotel Coconut Grove,
VerDate Aug<31>2005
16:55 Dec 21, 2005
Jkt 208001
Miami, FL (see DATES and ADDRESSES).
Prospective participants and observers
will be contacted with the Assessment
workshop details. This workshop is
open to the public. Persons interested in
participating or observing the
Assessment workshop should contact
Julie Neer (see FOR FURTHER INFORMATION
CONTACT). The final workshop, the
Review workshop, will be announced at
a later date in the Federal Register.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Julie Neer at (850)
234–6541 by January 30, 2006.
Authority: 16 U.S.C. 971 et seq.
Dated: December 16, 2005.
Emily Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E5–7697 Filed 12–21–05; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Rules for Patent Maintenance Fees
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 take this opportunity to
comment on the revision of a continuing
information 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 21,
2006.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: Susan.Brown@uspto.gov.
Include ‘‘0651–0016 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 Robert J. Spar,
Director, Office of Patent Legal
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
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
Under 35 U.S.C. 41 and 37 CFR
1.20(e)–(i) and 1.362–1.378, the United
States Patent and Trademark Office
(USPTO) charges fees for maintaining in
force all utility patents based on
applications filed on or after December
12, 1980. Payment of these maintenance
fees is due at 31⁄2, 71⁄2, and 111⁄2 years
after the date the patent was granted. If
the USPTO does not receive payment of
the appropriate maintenance fee and
any applicable surcharge within a grace
period of six months following each of
the above due dates (at 4, 8, or 12 years
after the date of grant), the patent will
expire at that time as set forth in 37 CFR
1.362(g). After a patent expires, it is no
longer enforceable. Maintenance fees are
not required for design or plant patents,
or for reissue patents if the patent being
reissued did not require maintenance
fees.
Payments of maintenance fees that are
submitted during the six-month grace
period must include the appropriate
surcharge as indicated by 37 CFR
1.20(h). Submissions of maintenance fee
payments and surcharges must include
the relevant patent number and the
corresponding United States application
number in order to identify the correct
patent and ensure proper crediting of
the fee being paid.
If the USPTO refuses to accept and
record a maintenance fee payment that
was submitted prior to the expiration of
a patent, the patentee may petition the
Director under 37 CFR 1.377 to accept
and record the maintenance fee. This
petition must be accompanied by the fee
indicated in 37 CFR 1.17(g), which may
be refunded if it is determined that the
refusal to accept the maintenance fee
was due to an error by the USPTO.
If a patent has expired due to
nonpayment of a maintenance fee, the
patentee may petition the Director to
accept a delayed payment of the
maintenance fee under 35 U.S.C. 41(c)
and 37 CFR 1.378. The Director may
accept the payment of a maintenance fee
after the expiration of the patent if the
petitioner shows to the satisfaction of
the Director that the delay in payment
was unavoidable or unintentional.
Petitions to accept unavoidably or
unintentionally delayed payment must
also be accompanied by the required
maintenance fee and appropriate
surcharge under 37 CFR 1.20(i). If the
Director accepts the maintenance fee
E:\FR\FM\22DEN1.SGM
22DEN1
76033
Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices
payment upon petition, then the patent
is reinstated. If the USPTO denies a
petition to accept delayed payment of a
maintenance fee in an expired patent,
the patentee may petition the Director to
reconsider that decision under 37 CFR
1.378(e). This petition must be
accompanied by the fee indicated in 37
CFR 1.17(f), which may be refunded if
it is determined that the refusal to
accept the maintenance fee was due to
an error by the USPTO.
Customers may submit maintenance
fee payments and surcharges incurred
during the six-month grace period
before patent expiration by using the
Maintenance Fee Transmittal Form or
by paying online through the USPTO
Web site. However, to pay a
maintenance fee after patent expiration,
the maintenance fee payment and the
appropriate surcharge must be filed
together with a petition to accept
unavoidably or unintentionally delayed
payment. These delayed payments and
petitions cannot be filed electronically.
The USPTO accepts online maintenance
fee payments by credit card, electronic
funds transfer (EFT), or deposit account
through the USPTO Web site.
Otherwise, non-electronic payments
may be made by check, credit card, or
USPTO deposit account.
The rules of practice (37 CFR 1.33(d)
and 1.363) permit applicants, patentees,
assignees, or their representatives of
record to specify a ‘‘fee address’’ for
correspondence related to maintenance
fees that is separate from the
correspondence address associated with
a patent or application. A fee address
must be an address that is associated
with a USPTO customer number.
Customer numbers may be requested by
using the Request for Customer Number
form (PTO/SB/125), which is covered
under OMB Control Number 0651–0035
‘‘Representative and Address
Provisions.’’ Maintaining a correct and
updated address is necessary so that feerelated correspondence from the USPTO
will be properly received by the
applicant, patentee, assignee, or
authorized representative. If a separate
fee address is not specified for a patent
or application, the USPTO will direct
fee-related correspondence to the
correspondence address of record.
The USPTO offers forms to assist the
public with providing the information
covered by this collection, including the
information necessary to submit a
patent maintenance fee payment (PTO/
SB/45), to file a petition to accept an
unavoidably or unintentionally delayed
maintenance fee payment (PTO/SB/65
and PTO/SB/66), and to designate or
change a fee address (PTO/SB/47). No
forms are provided for the petitions
under 37 CFR 1.377 and 1.378(e).
II. Method of Collection
By mail, facsimile, or hand delivery to
the USPTO. Maintenance fee payments
and surcharges for payments made
during the six-month grace period
before patent expiration may be
submitted electronically.
III. Data
OMB Number: 0651–0016.
Form Number(s): PTO/SB/45/47/65/
66.
Type of Review: Revision of a
currently approved collection.
Affected Public: Individuals or
households; businesses or other forprofits; not-for-profit institutions; farms;
the Federal Government; and state, local
or tribal governments.
Estimated Number of Respondents:
374,706 responses per year.
Estimated Time Per Response: The
USPTO estimates that it will take the
public approximately 20 seconds (0.006
hours) to 8 hours to complete this
information, depending on the form or
petition. This includes time to gather
the necessary information, prepare the
form or petition, and submit the
completed request.
Estimated Total Annual Respondent
Burden Hours: 30,362 hours per year.
Estimated Total Annual Respondent
Cost Burden: $3,369,522 per year. The
USPTO expects that the petitions
included in this collection will be
prepared by attorneys. Using the
professional rate of $286 per hour for
associate attorneys in private firms, the
USPTO estimates that the respondent
cost burden for submitting these
petitions will be approximately
$1,269,840 per year. The USPTO
expects that the other items in this
collection will be prepared by
paraprofessionals. Using the
paraprofessional rate of $81 per hour,
the USPTO estimates that the
respondent cost burden for submitting
the other items in this collection will be
approximately $2,099,682 per year, for a
total annual respondent cost burden of
approximately $3,369,522.
Estimated annual responses
Estimated annual burden
hours
228,487
52,439
250
18,279
315
2,000
1,800
1,800
4 hours
100
400
8 hours
300
240
91,600
7,328
374,706
Item
30,362
Estimated time for response
Maintenance Fee Transmittal Transactions (PTO/SB/45) ........................
Electronic Maintenance Fee Transactions ................................................
Petition to Accept Unavoidably Delayed Payment of Maintenance Fee in
an Expired Patent (37 CFR 1.378(b)) (PTO/SB/65).
Petition to Accept Unintentionally Delayed Payment of Maintenance Fee
in an Expired Patent (37 CFR 1.378(c)) (PTO/SB/66).
Petition to Review Refusal to Accept Payment of Maintenance Fee Prior
to Expiration of Patent (37 CFR 1.377)).
Petition for Reconsideration of Decision on Petition Refusing to Accept
Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR
1.378(e)).
‘‘Fee Address’’ Indication Form (PTO/SB/47) ...........................................
5 minutes
20 seconds
8 hours
1 hour
5 minutes
cchase on PROD1PC60 with NOTICES
Total
Estimated Total Annual Non-hour
Respondent Cost Burden: $436,485,591.
There are no capital start-up costs or
maintenance costs associated with this
information collection. However, this
collection does have annual (non-hour)
VerDate Aug<31>2005
16:55 Dec 21, 2005
Jkt 208001
costs in the form of recordkeeping costs,
postage costs, and filing costs.
The recordkeeping costs for this
collection are associated with
submitting electronic maintenance fee
payments through the USPTO Web site.
It is recommended that customers who
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
pay maintenance fees online print and
retain a copy of the updated payment
statement that appears on the screen
after the transaction has been completed
as a receipt and proof of timely
payment. The USPTO estimates that it
will take 5 seconds (0.001 hours) to
E:\FR\FM\22DEN1.SGM
22DEN1
76034
Federal Register / Vol. 70, No. 245 / Thursday, December 22, 2005 / Notices
print a copy of the payment statement
and that approximately 52,439
maintenance fee payments per year will
be submitted online, for a total of 52
hours per year for printing this receipt.
Using the paraprofessional rate of $81
per hour, the USPTO estimates that the
recordkeeping cost associated with this
collection will be approximately $4,212
per year.
The public may submit the forms and
petitions in this collection to the
USPTO by mail through the United
States Postal Service. If the submission
is sent by first-class mail, the public
may also include a signed certification
of the date of mailing in order to receive
credit for timely filing. The USPTO
estimates that the average first-class
postage cost for a mailed submission
will be 39 cents, and that customers
filing a Maintenance Fee Transmittal
Form, a ‘‘Fee Address’’ Indication Form,
or any of the petitions included in this
collection may choose to mail their
submissions to the USPTO. Therefore,
the USPTO estimates that up to 322,267
submissions per year may be mailed to
the USPTO, for a total postage cost of
$125,684 per year.
This collection also has filing costs in
the form of patent maintenance fees,
surcharges for late payment of
maintenance fees, and petition fees.
Under 37 CFR 1.20(e)–(g), the patent
maintenance fees due at 31⁄2 years, 71⁄2
years, and 111⁄2 years after the date of
grant are $900, $2,300, and $3,800
respectively ($450, $1,150, and $1,900
for small entities). The surcharge under
37 CFR 1.20(h) for paying a
maintenance fee during the six-month
grace period following the above
intervals is $130 ($65 for small entities).
The surcharge under 37 CFR 1.20(i) for
a petition to accept a maintenance fee
after the six-month grace period for
these intervals has expired is $700
where the delayed payment is shown to
be unavoidable and $1,640 where the
delayed payment is shown to be
unintentional. The filing fee listed in 37
CFR 1.17(g) for a petition to review the
refusal to accept the payment of a
maintenance fee filed prior to the
expiration of a patent is $200. The filing
fee listed in 37 CFR 1.17(f) for a petition
for reconsideration of the decision on a
petition refusing to accept the delayed
payment of a maintenance fee in an
expired patent is $400. The USPTO
estimates that the total filing costs
associated with this collection will be
$436,355,695 per year as calculated in
the accompanying table.
Estimated
annual
responses
Fee or surcharge
Amount of fee
or surcharge
Estimated
annual filing
costs
Patent maintenance fee at 31⁄2 years ..........................................................................................
Patent maintenance fee at 31⁄2 years (small entity) ....................................................................
Patent maintenance fee at 71⁄2 years ..........................................................................................
Patent maintenance fee at 71⁄2 years (small entity) ....................................................................
Patent maintenance fee at 111⁄2 years ........................................................................................
Patent maintenance fee at 111⁄2 years (small entity) ..................................................................
Surcharge for paying maintenance fee during the six-month grace period ................................
Surcharge for paying maintenance fee during the six-month grace period (small entity) ..........
Petition to Accept Unavoidably Delayed Payment of Maintenance Fee in an Expired Patent
(37 CFR 1.378(b)) ....................................................................................................................
Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent
(37 CFR 1.378(c)) ....................................................................................................................
Petition to Review Refusal to Accept Payment of Maintenance Fee Prior to Expiration of Patent (37 CFR 1.377) ..................................................................................................................
Petition for Reconsideration of Decision on Petition Refusing to Accept Delayed Payment of
Maintenance Fee in an Expired Patent (37 CFR 1.378(e)) ....................................................
‘‘Fee Address’’ Indication Form ...................................................................................................
104,016
34,552
62,950
17,061
37,545
8,118
6,909
9,775
$900
450
2,300
1,150
3,800
1,900
130
65
$93,614,400
15,548,400
144,785,000
19,620,150
142,671,000
15,424,200
898,170
635,375
250
700
175,000
1,800
1,640
2,952,000
100
200
20,000
30
91,600
400
0
12,000
0
Total ......................................................................................................................................
374,706
........................
436,355,695
cchase on PROD1PC60 with NOTICES
The total non-hour respondent cost
burden for this collection in the form of
recordkeeping costs, postage costs, and
filing costs is estimated to be
$436,485,591 per year.
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, e.g., the use of
automated collection techniques or
other forms of information technology.
VerDate Aug<31>2005
16:55 Dec 21, 2005
Jkt 208001
Comments submitted in response to
this notice will be summarized or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: December 16, 2005.
Susan K. Brown,
Records Officer, USPTO, Office of the Chief
Information Officer, Office of Data
Architecture and Services, Data
Administration Division.
[FR Doc. 05–24346 Filed 12–21–05; 8:45 am]
BILLING CODE 3510–16–P
COMMISSION OF FINE ARTS
Notice of Meeting
The next meeting of the Commission
of Fine Arts is scheduled for 19 January
2006 at 10 a.m. in the Commission’s
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
offices at the National Building
Museum, Suite 312, Judiciary Square,
401 F Street, NW., Washington, DC
20001–2728. Items of discussion
affecting the appearance of Washington,
DC, may include buildings, parks and
memorials.
Draft agendas and additional
information regarding the Commission
are available on our Web site: https://
www.cfa.gov. Inquiries regarding the
agenda and requests to submit written
or oral statements should be addressed
to Thomas Luebke, Secretary,
Commission of Fine Arts, at the above
address or call 202–504–2200.
Individuals requiring sign language
interpretation for the hearing impaired
should contact the Secretary at least 10
days before the meeting date.
E:\FR\FM\22DEN1.SGM
22DEN1
]]>Agencies
[Federal Register Volume 70, Number 245 (Thursday, December 22, 2005)]
[Notices]
[Pages 76032-76034]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24346]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Rules for Patent Maintenance Fees
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 take this
opportunity to comment on the revision of a continuing information
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 21,
2006.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: Susan.Brown@uspto.gov. Include ``0651-0016
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 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
Under 35 U.S.C. 41 and 37 CFR 1.20(e)-(i) and 1.362-1.378, the
United States Patent and Trademark Office (USPTO) charges fees for
maintaining in force all utility patents based on applications filed on
or after December 12, 1980. Payment of these maintenance fees is due at
3\1/2\, 7\1/2\, and 11\1/2\ years after the date the patent was
granted. If the USPTO does not receive payment of the appropriate
maintenance fee and any applicable surcharge within a grace period of
six months following each of the above due dates (at 4, 8, or 12 years
after the date of grant), the patent will expire at that time as set
forth in 37 CFR 1.362(g). After a patent expires, it is no longer
enforceable. Maintenance fees are not required for design or plant
patents, or for reissue patents if the patent being reissued did not
require maintenance fees.
Payments of maintenance fees that are submitted during the six-
month grace period must include the appropriate surcharge as indicated
by 37 CFR 1.20(h). Submissions of maintenance fee payments and
surcharges must include the relevant patent number and the
corresponding United States application number in order to identify the
correct patent and ensure proper crediting of the fee being paid.
If the USPTO refuses to accept and record a maintenance fee payment
that was submitted prior to the expiration of a patent, the patentee
may petition the Director under 37 CFR 1.377 to accept and record the
maintenance fee. This petition must be accompanied by the fee indicated
in 37 CFR 1.17(g), which may be refunded if it is determined that the
refusal to accept the maintenance fee was due to an error by the USPTO.
If a patent has expired due to nonpayment of a maintenance fee, the
patentee may petition the Director to accept a delayed payment of the
maintenance fee under 35 U.S.C. 41(c) and 37 CFR 1.378. The Director
may accept the payment of a maintenance fee after the expiration of the
patent if the petitioner shows to the satisfaction of the Director that
the delay in payment was unavoidable or unintentional. Petitions to
accept unavoidably or unintentionally delayed payment must also be
accompanied by the required maintenance fee and appropriate surcharge
under 37 CFR 1.20(i). If the Director accepts the maintenance fee
[[Page 76033]]
payment upon petition, then the patent is reinstated. If the USPTO
denies a petition to accept delayed payment of a maintenance fee in an
expired patent, the patentee may petition the Director to reconsider
that decision under 37 CFR 1.378(e). This petition must be accompanied
by the fee indicated in 37 CFR 1.17(f), which may be refunded if it is
determined that the refusal to accept the maintenance fee was due to an
error by the USPTO.
Customers may submit maintenance fee payments and surcharges
incurred during the six-month grace period before patent expiration by
using the Maintenance Fee Transmittal Form or by paying online through
the USPTO Web site. However, to pay a maintenance fee after patent
expiration, the maintenance fee payment and the appropriate surcharge
must be filed together with a petition to accept unavoidably or
unintentionally delayed payment. These delayed payments and petitions
cannot be filed electronically. The USPTO accepts online maintenance
fee payments by credit card, electronic funds transfer (EFT), or
deposit account through the USPTO Web site. Otherwise, non-electronic
payments may be made by check, credit card, or USPTO deposit account.
The rules of practice (37 CFR 1.33(d) and 1.363) permit applicants,
patentees, assignees, or their representatives of record to specify a
``fee address'' for correspondence related to maintenance fees that is
separate from the correspondence address associated with a patent or
application. A fee address must be an address that is associated with a
USPTO customer number. Customer numbers may be requested by using the
Request for Customer Number form (PTO/SB/125), which is covered under
OMB Control Number 0651-0035 ``Representative and Address Provisions.''
Maintaining a correct and updated address is necessary so that fee-
related correspondence from the USPTO will be properly received by the
applicant, patentee, assignee, or authorized representative. If a
separate fee address is not specified for a patent or application, the
USPTO will direct fee-related correspondence to the correspondence
address of record.
The USPTO offers forms to assist the public with providing the
information covered by this collection, including the information
necessary to submit a patent maintenance fee payment (PTO/SB/45), to
file a petition to accept an unavoidably or unintentionally delayed
maintenance fee payment (PTO/SB/65 and PTO/SB/66), and to designate or
change a fee address (PTO/SB/47). No forms are provided for the
petitions under 37 CFR 1.377 and 1.378(e).
II. Method of Collection
By mail, facsimile, or hand delivery to the USPTO. Maintenance fee
payments and surcharges for payments made during the six-month grace
period before patent expiration may be submitted electronically.
III. Data
OMB Number: 0651-0016.
Form Number(s): PTO/SB/45/47/65/66.
Type of Review: Revision of a currently approved collection.
Affected Public: Individuals or households; businesses or other
for-profits; not-for-profit institutions; farms; the Federal
Government; and state, local or tribal governments.
Estimated Number of Respondents: 374,706 responses per year.
Estimated Time Per Response: The USPTO estimates that it will take
the public approximately 20 seconds (0.006 hours) to 8 hours to
complete this information, depending on the form or petition. This
includes time to gather the necessary information, prepare the form or
petition, and submit the completed request.
Estimated Total Annual Respondent Burden Hours: 30,362 hours per
year.
Estimated Total Annual Respondent Cost Burden: $3,369,522 per year.
The USPTO expects that the petitions included in this collection will
be prepared by attorneys. Using the professional rate of $286 per hour
for associate attorneys in private firms, the USPTO estimates that the
respondent cost burden for submitting these petitions will be
approximately $1,269,840 per year. The USPTO expects that the other
items in this collection will be prepared by paraprofessionals. Using
the paraprofessional rate of $81 per hour, the USPTO estimates that the
respondent cost burden for submitting the other items in this
collection will be approximately $2,099,682 per year, for a total
annual respondent cost burden of approximately $3,369,522.
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
----------------------------------------------------------------------------------------------------------------
Maintenance Fee Transmittal Transactions (PTO/ 5 minutes 228,487 18,279
SB/45).
Electronic Maintenance Fee Transactions....... 20 seconds 52,439 315
Petition to Accept Unavoidably Delayed Payment 8 hours 250 2,000
of Maintenance Fee in an Expired Patent (37
CFR 1.378(b)) (PTO/SB/65).
Petition to Accept Unintentionally Delayed 1 hour 1,800 1,800
Payment of Maintenance Fee in an Expired
Patent (37 CFR 1.378(c)) (PTO/SB/66).
Petition to Review Refusal to Accept Payment 4 hours 100 400
of Maintenance Fee Prior to Expiration of
Patent (37 CFR 1.377)).
Petition for Reconsideration of Decision on 8 hours 300 240
Petition Refusing to Accept Delayed Payment
of Maintenance Fee in an Expired Patent (37
CFR 1.378(e)).
``Fee Address'' Indication Form (PTO/SB/47)... 5 minutes 91,600 7,328
-----------------------------------
Total 374,706 30,362
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual Non-hour Respondent Cost Burden:
$436,485,591. There are no capital start-up costs or maintenance costs
associated with this information collection. However, this collection
does have annual (non-hour) costs in the form of recordkeeping costs,
postage costs, and filing costs.
The recordkeeping costs for this collection are associated with
submitting electronic maintenance fee payments through the USPTO Web
site. It is recommended that customers who pay maintenance fees online
print and retain a copy of the updated payment statement that appears
on the screen after the transaction has been completed as a receipt and
proof of timely payment. The USPTO estimates that it will take 5
seconds (0.001 hours) to
[[Page 76034]]
print a copy of the payment statement and that approximately 52,439
maintenance fee payments per year will be submitted online, for a total
of 52 hours per year for printing this receipt. Using the
paraprofessional rate of $81 per hour, the USPTO estimates that the
recordkeeping cost associated with this collection will be
approximately $4,212 per year.
The public may submit the forms and petitions in this collection to
the USPTO by mail through the United States Postal Service. If the
submission is sent by first-class mail, the public may also include a
signed certification of the date of mailing in order to receive credit
for timely filing. The USPTO estimates that the average first-class
postage cost for a mailed submission will be 39 cents, and that
customers filing a Maintenance Fee Transmittal Form, a ``Fee Address''
Indication Form, or any of the petitions included in this collection
may choose to mail their submissions to the USPTO. Therefore, the USPTO
estimates that up to 322,267 submissions per year may be mailed to the
USPTO, for a total postage cost of $125,684 per year.
This collection also has filing costs in the form of patent
maintenance fees, surcharges for late payment of maintenance fees, and
petition fees. Under 37 CFR 1.20(e)-(g), the patent maintenance fees
due at 3\1/2\ years, 7\1/2\ years, and 11\1/2\ years after the date of
grant are $900, $2,300, and $3,800 respectively ($450, $1,150, and
$1,900 for small entities). The surcharge under 37 CFR 1.20(h) for
paying a maintenance fee during the six-month grace period following
the above intervals is $130 ($65 for small entities). The surcharge
under 37 CFR 1.20(i) for a petition to accept a maintenance fee after
the six-month grace period for these intervals has expired is $700
where the delayed payment is shown to be unavoidable and $1,640 where
the delayed payment is shown to be unintentional. The filing fee listed
in 37 CFR 1.17(g) for a petition to review the refusal to accept the
payment of a maintenance fee filed prior to the expiration of a patent
is $200. The filing fee listed in 37 CFR 1.17(f) for a petition for
reconsideration of the decision on a petition refusing to accept the
delayed payment of a maintenance fee in an expired patent is $400. The
USPTO estimates that the total filing costs associated with this
collection will be $436,355,695 per year as calculated in the
accompanying table.
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Fee or surcharge annual Amount of fee annual filing
responses or surcharge costs
----------------------------------------------------------------------------------------------------------------
Patent maintenance fee at 3\1/2\ years.......................... 104,016 $900 $93,614,400
Patent maintenance fee at 3\1/2\ years (small entity)........... 34,552 450 15,548,400
Patent maintenance fee at 7\1/2\ years.......................... 62,950 2,300 144,785,000
Patent maintenance fee at 7\1/2\ years (small entity)........... 17,061 1,150 19,620,150
Patent maintenance fee at 11\1/2\ years......................... 37,545 3,800 142,671,000
Patent maintenance fee at 11\1/2\ years (small entity).......... 8,118 1,900 15,424,200
Surcharge for paying maintenance fee during the six-month grace 6,909 130 898,170
period.........................................................
Surcharge for paying maintenance fee during the six-month grace 9,775 65 635,375
period (small entity)..........................................
Petition to Accept Unavoidably Delayed Payment of Maintenance 250 700 175,000
Fee in an Expired Patent (37 CFR 1.378(b)).....................
Petition to Accept Unintentionally Delayed Payment of 1,800 1,640 2,952,000
Maintenance Fee in an Expired Patent (37 CFR 1.378(c)).........
Petition to Review Refusal to Accept Payment of Maintenance Fee 100 200 20,000
Prior to Expiration of Patent (37 CFR 1.377)...................
Petition for Reconsideration of Decision on Petition Refusing to 30 400 12,000
Accept Delayed Payment of Maintenance Fee in an Expired Patent
(37 CFR 1.378(e))..............................................
``Fee Address'' Indication Form................................. 91,600 0 0
-----------------
Total....................................................... 374,706 .............. 436,355,695
----------------------------------------------------------------------------------------------------------------
The total non-hour respondent cost burden for this collection in
the form of recordkeeping costs, postage costs, and filing costs is
estimated to be $436,485,591 per year.
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, e.g., 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 also will become a matter of public record.
Dated: December 16, 2005.
Susan K. Brown,
Records Officer, USPTO, Office of the Chief Information Officer, Office
of Data Architecture and Services, Data Administration Division.
[FR Doc. 05-24346 Filed 12-21-05; 8:45 am]
BILLING CODE 3510-16-P
