Initial Patent Applications, 53669-53675 [E6-15048]
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Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Notices
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 and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: September 5, 2006.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E6–15034 Filed 9–11–06; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; Professional
Development Workshops and Formal
Evaluation of NOAA Educational
Materials
National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, 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
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before November 13,
2006.
Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Bruce Moravchik, 301–713–
3061 ext. 219 or
Bruce.Moravchik@noaa.gov.
sroberts on PROD1PC70 with NOTICES
ADDRESSES:
SUPPLEMENTARY INFORMATION:
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I. Abstract
The project, Professional
Development Workshops and Formal
Evaluation of NOAA Educational
Materials, has three primary goals:
(1) To provide a series of three oneday professional development
opportunities whereby educators will
learn more about coastal and ocean
science, and about the wide variety of
online tools and resources available to
them via the NOAA Discovery Center
and Ocean Explorer Web sites; (2) To
develop and implement an outcomesbased evaluation of the three educator
professional development workshops;
and (3) To implement an outcomesbased evaluation of the online tools and
resources available through the NOAA
Discovery Center and Ocean Explorer
Web sites.
II. Method of Collection
Paper pre- and post-workshop
questionnaires will be collected on-site.
Paper follow-up questionnaires will be
collected via mail. Student
questionnaires will be completed
online. Focus groups will be completed
on-site.
III. Data
OMB Number: None.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
1,620.
Estimated Time Per Response:
Workshop pre-questionnaire, 15
minutes; post-questionnaire, 30
minutes; follow-up questionnaire, 2
hours; student questionnaire, 30
minutes; focus group, 2 hours.
Estimated Total Annual Burden
Hours: 1,035.
Estimated Total Annual Cost to
Public: $0.
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 and/or
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53669
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: September 6, 2006.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E6–15036 Filed 9–11–06; 8:45 am]
BILLING CODE 3510–JS–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Initial Patent Applications
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 November 13,
2006.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: Susan.Brown@uspto.gov.
Include ‘‘0651–0032 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, Architecture, Engineering and
Technical Services, Data Architecture
and Services Division, U.S. Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
• Federal e-Rulemaking Portal:
https://www.regulations.gov.
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
Article 1, Section 8, Clause 8 of the
Constitution provides that Congress
shall have the power * * *’’ [t]o
promote the progress of science and
useful arts, by securing for limited times
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to authors and inventors the exclusive
right to their respective writings and
discoveries.’’ Congress has exercised
this grant of power under the
Constitution to enact the patent statute,
Title 35, U.S.C., and to establish the
United States Patent and Trademark
Office (USPTO).
The USPTO is required by 35 U.S.C.
131 to examine applications for patents.
The patent statute and regulations
require applicants to provide sufficient
information (specification containing a
description of the invention and at least
one claim defining the property right
sought by the applicant; a drawing or
photograph, where necessary, for an
understanding of the invention; a signed
oath or declaration, and the necessary
fees) to allow the USPTO to properly
examine the application to determine
whether it meets the criteria set forth in
the patent statute and regulations to be
issued as a patent. The USPTO
administers the statute through various
rules in 37 CFR 1.16 through 1.84.
The new utility, design, and
provisional applications can be
submitted to the USPTO in paper or
they can be submitted electronically.
Previously, applications were submitted
electronically through the Electronic
Filing System (EFS). In March 2006, the
USPTO deployed EFS Web, a new
Web based patent application and
document submission solution. EFSWeb does not require special software
and applicants can use their own
systems, software, and processes to
create the patent application
documents. The EFS Web uses standard
Web-based screens and prompts to
assist the applicant in submitting their
patent application documents.
The USPTO has expanded the types
of applications that can be filed
electronically. In addition to the new
original utility and provisional
applications that are already filed
electronically, new original design
applications can now be filed
electronically.
In addition to the filing, search, and
examination fees that are already in the
collection, two new patent fees from the
Consolidated Appropriations Act of
2005 are being added into the collection
at this time. This includes a new filing
fee of $75 for small entities filing
original utility applications
electronically on or after 12/8/04 and an
application size fee that is paid for
applications filed under 35 U.S.C. 111
on or after 12/8/04, in which the
specification and the drawings exceed
100 sheets of paper.
Five other existing fees or surcharges
that were previously overlooked are
being added into the collection at this
time. This includes surcharges for the
late filing of the fees, oaths, or
declarations and for the late filing of the
coversheet for provisional applications.
The other fees are for filing more than
3 independent claims, filing more than
20 claims, and for filing multiple
dependent claims in a patent
application.
Unlike the last renewal, the utility,
design, and plant applications are no
longer grouped together, but are broken
out separately. This permits the USPTO
to show exactly how many of the
different applications have been filed. It
also makes it easier to account for the
electronic filings since the utility,
design, and provisional applications can
be filed electronically, but the plant
applications are not filed electronically.
The response and fee tables can also be
more closely aligned to each other than
they were previously.
There are 28 forms in this collection.
The electronic Application Data Sheet
has a form number, but the paper
version does not since it is a suggested
format and not an official paper form.
II. Method of Collection
By mail, facsimile (limited to
petitions to accept delayed priority
claims and requests for continued
prosecution applications), or hand
delivery to the USPTO. New utility,
design, and provisional applications can
also be submitted electronically through
the EFS.
III. Data
OMB Number: 0651–0032.
Form Number(s): PTO/SB/01/01A/02/
02LR/03/03A/04/05/06/07/13/PCT/14/
16/17/18/19/29/29A/101–110.
Type of Review: Revision of a
currently approved collection.
Affected Public: Individuals or
households; businesses or other forprofits; not-for-profit institutions; and
the Federal Government.
Estimated Number of Respondents:
543,590 responses per year.
Estimated Time per Response: The
USPTO estimates that it takes the public
approximately 24 minutes to 10 hours
and 45 minutes (0.40 to 10.75 hours) to
complete this information, depending
on the request. This includes the time
to gather the necessary information,
prepare the application, petition, or CD
submission, and submit the completed
request to the USPTO. Given the
newness of electronic filing, the USPTO
believes that, for now, it will take the
same amount of time to gather the
necessary information, prepare the new
utility, design, or provisional
application, and submit it to the
USPTO, whether the applicant submits
it in paper form or electronically.
Estimated Total Annual Respondent
Burden Hours: 4,748,122 hours per year.
Estimated Total Annual Respondent
Cost Burden: $1,443,429,088 per year.
The USPTO expects that all of the
information in this collection will be
prepared by an attorney. Using the
professional hourly rate of $304 per
hour for associate attorneys in private
firms, the USPTO estimates that the
total respondent cost burden for this
collection is $1,443,429,088 per year.
Estimated annual responses
sroberts on PROD1PC70 with NOTICES
Item
Estimated time for response
Original New Utility Applications—No Application Data Sheet ...............
Electronic Original New Utility Applications—No Application Data
Sheet.
Original New Plant Applications—No Application Data Sheet ...............
Original New Design Applications—No Application Data Sheet ............
Electronic Original Design Applications—No Application Data Sheet ....
Original New Utility Applications—Application Data Sheet ....................
Electronic Original New Utility Applications—Application Data Sheet ...
Original New Plant Applications—Application Data Sheet .....................
Original New Design Applications—Application Data Sheet ..................
Electronic New Design Applications—Application Data Sheet ...............
Continuation/Divisional of an International Application—No Application
Data Sheet.
Utility Continuation/Divisional Applications .............................................
Plant Continuation/Divisional Applications ..............................................
10 hours and 45 minutes ...............
10 hours and 45 minutes ...............
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Estimated annual burden
hours
162,400
69,600
1,745,800
748,200
...............
...............
...............
...............
...............
...............
...............
...............
...............
1,115
14,945
6,410
40,600
17,400
285
3,740
1,605
7,560
11,986
160,659
68,908
430,360
184,440
3,021
39,644
17,013
81,270
54 minutes .....................................
54 minutes .....................................
56,930
230
51,237
207
10
10
10
10
10
10
10
10
10
hours
hours
hours
hours
hours
hours
hours
hours
hours
and
and
and
and
and
and
and
and
and
Sfmt 4703
45
45
45
36
36
36
36
36
45
minutes
minutes
minutes
minutes
minutes
minutes
minutes
minutes
minutes
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Estimated annual responses
Item
Estimated time for response
Design Continuation/Divisional Applications ...........................................
Continued Prosecution Applications—Design (Request Transmittal and
Receipt).
Utility Continuation-in-Part Applications ..................................................
Plant Continuation-in-Part Applications ..................................................
Design Continuation-in-Part Applications ...............................................
Provisional Application for Patent Cover Sheet ......................................
Electronic Provisional Application for Patent Cover Sheet .....................
Petition to Accept Unintentionally Delayed Priority Claim ......................
Petition to Accept Non-Signing Inventors or Legal Representatives/Filing by Other Than all the Inventors or a Person not the Inventor.
54 minutes .....................................
24 minutes .....................................
sroberts on PROD1PC70 with NOTICES
Total .................................................................................................
Estimated Total Annual Non-hour
Respondent Cost Burden: $695,587,260
per year. There are capital start-up,
postage, recordkeeping, and drawing
costs, as well as filing fees, associated
with this information collection.
Applicants can use Compact DiskRead Only Memory (CD–ROM) or
Compact Disk-Recordables (CD–R) to
submit patent applications containing
large computer program listings to the
USPTO. Therefore, the costs for
purchasing blank CD–R media (CDs),
cases and labels for the CDs, and a
padded mailing envelope for shipping,
are being added to the annual (nonhour) costs for this collection. Blank
CD–R media with plastic jewel cases
can be purchased for approximately $10
for 10 blank CDs, or about $1 per disc.
The average cost of software for labeling
CDs, including blank labels and case
inserts, is approximately $20. Padded
8.5 x 11-inch mailing envelopes for
shipping the CDs cost approximately
$12 for a package of 12, or about $1 per
envelope. In sum, the USPTO estimates
that the total costs for the blank CD–R
media, the software for labeling the CDs,
and the mailing envelope are
approximately $42 per year. The USPTO
estimates that 3 patent applications will
need to be submitted on CD per year,
which when multiplied by the total cost
of the media, the labeling software, and
the mailing envelopes, equals $126 in
total costs. Therefore, the USPTO
estimates that the total capital start-up
costs for this collection will be $126 per
year.
The applications, the petition to
accept a delayed priority claim, the
petition to accept non-signing inventors
or legal representatives, and the
oversized program listing CD
submissions may be submitted by mail
through the United States Postal
Service. The USPTO recommends that
applicants file initial patent
applications (which also include the
continued prosecution, continuation
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750
260
675
104
hours and 15 minutes .................
hours and 15 minutes .................
hours and 15 minutes .................
hours ...........................................
hours ...........................................
hour .............................................
hour .............................................
17,720
70
480
96,680
41,490
920
2,400
93,030
368
2,520
773,440
331,920
920
2,400
........................................................
543,590
4,748,122
5
5
5
8
8
1
1
and divisional, continuation-in-part,
and provisional applications) by
Express Mail to establish the filing date
(otherwise the filing date of the
application will be the date that it is
received at the USPTO). The USPTO
estimates that the average cost for
sending an initial application by
Express Mail will be $18.80, and that
customers filing documents associated
with these initial applications may
choose this option to mail their
submissions to the USPTO. The USPTO
estimates that up to 403,765
submissions per year may be mailed to
the USPTO at an average Express Mail
rate of $18.80, for a total postage cost of
$7,590,782.
The petitions for delayed priority
claim or for acceptance of non-signing
inventors or legal representatives can be
sent by first-class mail. The USPTO
estimates that the average first-class
postage cost for a mailed submission
will be 63 cents, and that customers
filing these petitions may choose to mail
their submissions to the USPTO.
Therefore, the USPTO estimates that up
to 3,320 submissions per year may be
mailed to the USPTO at an average firstclass postage cost of 63 cents, for a total
postage cost of $2,092 per year.
In the case of the oversized program
listing CD submissions, the USPTO
estimates that the average postage cost
for these submissions will be 95 cents,
to cover the costs of mailing the CD, the
application transmittal form, and the
cover letter. The USPTO estimates that
3 oversized program listing CD
submissions will be received per year,
for a total postage cost of $3 per year.
The total postage cost for this
collection is $7,592,877 per year.
There are recordkeeping costs
associated with the oversized program
listing CD submissions and the
electronic filing of new utility, design,
and provisional applications. The
USPTO advises applicants who submit
applications with oversized computer
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Estimated annual burden
hours
Sfmt 4703
listings on CD to retain a back-up copy
of the CD and a printed copy of the
application transmittal form for their
records. The USPTO estimates that it
will take an additional 5 minutes for the
applicant to produce this back-up CD
copy and 2 minutes to print the copy of
the application transmittal form, for a
total of 7 minutes (0.12 hours) for each
oversized submission. The USPTO
estimates that approximately 3
applications per year will be submitted
with oversized computer program
listings, for a total of 0.36 hours per year
for retaining the back-up CD and printed
application transmittal form. The
USPTO believes that these back-up
copies will be prepared by
paraprofessionals with an estimated
hourly rate of $90 per hour, for a
recordkeeping cost for these back-up
copies of $32 per year.
In addition, the USPTO also strongly
advises applicants who file their new
utility, design, and provisional
applications electronically to retain a
copy of the file submitted to the USPTO
as evidence of authenticity, in addition
to keeping the acknowledgment receipt
as clear evidence that the file was
received by the USPTO on the date
noted. The USPTO estimates that it will
take 5 seconds (0.001 hours) to print
and retain a copy of the new utility,
design, and provisional submissions
and that approximately 136,505 new
submissions per year (87,000 utility,
8,015 design, and 41,490 provisional
applications) will use this option, for a
total of 137 hours per year. Using the
paraprofessional rate of $90 per hour,
the USPTO estimates that the
recordkeeping cost for retaining this
copy will be $12,330 per year.
The total recordkeeping cost for this
collection is $12,362 per year.
Patent applicants can submit
drawings with the utility, design, plant,
and provisional applications.
Applicants can prepare these drawings
on their own or they can hire patent
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applications will be submitted with
drawings, for a total of $178,655,950.
The USPTO estimates that it can cost
$68 per sheet to produce design
drawings and that on average 4.8 sheets
of drawings are submitted, for an
average cost of $326 to produce design
drawings. Out of 27,440 design
applications submitted per year, the
USPTO estimates that 100% will be
submitted with drawings, for a total of
$8,945,440.
The USPTO estimates that it can cost
$35 per sheet to produce plant drawings
and that on average 2 sheets of drawings
are submitted, for an average cost of $70
to produce plant drawings. Out of 1,470
plant applications submitted per year,
the USPTO estimates that 100% will be
submitted with drawings, for a total of
$102,900.
The USPTO estimates that it can cost
$58 per sheet to produce provisional
drawings and that on average 7.5 sheets
of drawings are submitted, for an
average cost of $435 to produce
provisional drawings. Out of 138,170
provisional applications submitted per
year, the USPTO estimates that 78% or
107,773 applications will be submitted
with drawings, for a total of
$46,881,255.
The USPTO estimates that at least
$234,585,545 could be added to the total
illustration services firms to create
them. As a basis for calculating the
drawing costs, the USPTO believes that
all applicants will have their drawings
prepared by the patent illustration
firms. Estimates for the drawings can
vary greatly, depending on the number
of figures that need to be produced, the
total number of pages for the drawings,
and the complexity of the drawings. The
utility, plant, and design continuation
and divisional applications use the
same drawings as the initial filings, so
they are not included in these totals.
The continuation-in-part applications
may use some of the same drawings as
the initial applications and some new
drawings may be submitted, so those
numbers are included in these
estimates. The drawings for the
continued prosecution applications are
also included in the drawing cost totals.
There are no continuation, divisional, or
continuation-in-part provisional
applications.
The USPTO estimates that it can cost
$58 per sheet to produce the utility
drawings and that on average, 11 sheets
of drawings are submitted, for an
average cost of $638 to produce the
utility drawings. Out of 307,720 utility
applications submitted per year, the
USPTO estimates that 91% or 280,025
Filing fee
Search fee
Examination
fee
Total fees
Total non-hour cost
burden
(yr)
(b)
Responses
(yr)
Item
non-hour cost burden as a result of
patent applicants using patent
illustration firms to produce the
drawings for their utility, design, plant,
and provisional applications.
There is also annual nonhour cost
burden in the way of filing fees
associated with this collection. The
filing, search, and examination fees for
the utility, plant, design, and
provisional applications (including the
continuation and divisional, continued
prosecution, and continuation-in-part
applications) are determined by which
filing status (other entity or small entity)
the applicant has selected. The filing
fees for the electronically-filed new
utility applications for small entities are
$75, but for the rest of the applications
the fees are the same as those for the
paper applications. The small entity
status does not apply to the petition to
accept a delayed priority claim or to the
petition to accept non-signing inventors
or legal representatives/filing by other
than all the inventors or a person not
the inventor.
The total estimated filing costs of
$453,396,350 for this collection are
calculated in the following charts. The
first chart shows the filing, search, and
examination fees for the various
applications.
(a) × (b)
sroberts on PROD1PC70 with NOTICES
(a)
Original New Utility Applications—
No Application Data Sheet—
Other Entity ..................................
Original New Utility Applications—
No Application Data Sheet—
Small Entity ..................................
Electronic Original New Utility Applications—No Application Data
Sheet—Other Entity .....................
Electronic Original New Utility Applications—No Application Data
Sheet—Small Entity .....................
Original New Plant Applications—
No Application Data Sheet—
Other Entity ..................................
Original New Plant Applications—
No Application Data Sheet—
Small Entity ..................................
Original New Design Applications—
No Application Data Sheet—
Other Entity ..................................
Original New Design Applications—
No Application Data Sheet—
Small Entity ..................................
Electronic Original New Design Applications—No Application Data
Sheet—Other Entity .....................
Electronic Original New Design Applications—No Application Data
Sheet—Small Entity .....................
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113,680
$300.00
$500.00
$200.00
$1,000.00
$113,680,000.00
48,720
150.00
250.00
100.00
500.00
24,360,000.00
48,720
300.00
500.00
200.00
1,000.00
48,720,000.00
20,880
75.00
250.00
100.00
425.00
8,874,000.00
780
200.00
300.00
160.00
660.00
514,800.00
335
100.00
150.00
80.00
330.00
110,550.00
7,320
200.00
100.00
130.00
430.00
3,147,600.00
7,625
100.00
50.00
65.00
215.00
1,639,375.00
3,145
200.00
100.00
130.00
430.00
1,352,350.00
3,265
100.00
50.00
65.00
215.00
701,975.00
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Filing fee
Search fee
Examination
fee
Total fees
Total non-hour cost
burden
(yr)
(b)
Responses
(yr)
Item
(a) × (b)
sroberts on PROD1PC70 with NOTICES
(a)
Original New Utility Applications—
Application Data Sheet—Other
Entity .............................................
Original New Utility Applications—
Application Data Sheet—Small
Entity .............................................
Electronic Original New Utility Applications—Application
Data
Sheet—Other Entity .....................
Electronic Original New Utility Applications—Application
Data
Sheet—Small Entity .....................
Original New Plant Applications—
Application Data Sheet—Other
Entity .............................................
Original New Plant Applications—
Application Data Sheet—Small
Entity .............................................
Original New Design Applications—
Application Data Sheet—Other
Entity .............................................
Original New Design Applications—
Application Data Sheet—Small
Entity .............................................
Electronic New Design Applications—Application Data Sheet—
Other Entity ..................................
Electronic New Design Applications—Application Data Sheet—
Small Entity ..................................
Continuation/Divisional of an International Application—No Application Data Sheet—Other Entity ......
Continuation/Divisional of an International Application—No Application Data Sheet—Small Entity ......
Utility Continuation/Divisional Applications—Other Entity ...................
Utility Continuation/Divisional Applications—Small Entity ...................
Plant Continuation/Divisional Applications—Other Entity ...................
Plant Continuation/Divisional Applications—Small Entity ...................
Design Continuation/Divisional Applications—Other Entity ................
Design Continuation/Divisional Applications—Small Entity ................
Continued Prosecution Applications—Design (Request Transmittal and Receipt)—Other Entity
Continued Prosecution Applications—Design (Request Transmittal and Receipt)—Small Entity
Utility Continuation-in-Part Applications—Other Entity .......................
Utility Continuation-in-Part Applications—Small Entity .......................
Plant Continuation-in-Part Applications—Other Entity .......................
Plant Continuation-in-Part Applications—Small Entity .......................
Design Continuation-in-Part Applications—Other Entity .......................
Design Continuation-in-Part Applications—Small Entity .......................
Provisional Application for Patent
Cover Sheets—Other Entity .........
Provisional Application for Patent
Cover Sheets—Small Entity .........
VerDate Aug<31>2005
16:16 Sep 11, 2006
Jkt 208001
53673
28,420
300.00
500.00
200.00
1,000.00
28,420,000.00
12,180
150.00
250.00
100.00
500.00
6,090,000.00
12,180
300.00
500.00
200.00
1,000.00
12,180,000.00
5,220
75.00
250.00
100.00
425.00
2,218,500.00
200
200.00
300.00
160.00
660.00
132,000.00
85
100.00
150.00
80.00
330.00
28,050.00
1,830
200.00
100.00
130.00
430.00
786,900.00
1,910
100.00
50.00
65.00
215.00
410,650.00
785
200.00
100.00
130.00
430.00
337,550.00
820
100.00
50.00
65.00
215.00
176,300.00
5,990
300.00
500.00
200.00
1,000.00
5,990,000.00
1,570
150.00
250.00
100.00
500.00
785,000.00
40,420
300.00
500.00
200.00
1,000.00
40,420,000.00
16,510
150.00
250.00
100.00
500.00
8,255,000.00
160
200.00
300.00
160.00
660.00
105,600.00
70
100.00
150.00
80.00
330.00
23,100.00
365
200.00
100.00
130.00
430.00
156,950.00
385
100.00
50.00
65.00
215.00
82,775.00
125
200.00
100.00
130.00
430.00
53,750.00
135
100.00
50.00
65.00
215.00
29,025.00
12,580
300.00
500.00
200.00
1,000.00
12,580,000.00
5,140
150.00
250.00
100.00
500.00
2,570,000.00
50
200.00
300.00
160.00
660.00
33,000.00
20
100.00
150.00
80.00
330.00
6,600.00
235
200.00
100.00
130.00
430.00
101,050.00
245
100.00
50.00
65.00
215.00
52,675.00
36,500
200.00
N/A
N/A
200.00
7,300,000.00
60,180
100.00
N/A
N/A
100.00
6,018,000.00
PO 00000
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Fmt 4703
Sfmt 4703
E:\FR\FM\12SEN1.SGM
12SEN1
53674
Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Notices
Filing fee
Search fee
Total fees
Examination
fee
Total non-hour cost
burden
(yr)
(b)
Responses
(yr)
Item
(a) × (b)
(a)
Electronic Provisional Application for
Patent Cover Sheets—Other Entity ...................................................
Electronic Provisional Application for
Patent Cover Sheets—Small Entity ...................................................
Petition to Accept Unintentionally
Delayed Priority Claim ..................
Petition to Accept Non-Signing Inventors or Legal Representatives/
Filing by Other Than all the Inventors or a Person not the Inventor ............................................
15,690
N/A
200.00
3,138,000.00
100.00
N/A
N/A
100.00
2,580,000.00
920
1,300.00
N/A
N/A
1,300.00
1,196,000.00
2,400
200.00
N/A
N/A
200.00
480,000.00
543,590
The second chart calculates the
additional fees incurred when an
application is filed with additional
sheets or excess claims. The USPTO
N/A
25,800
Totals ........................................
200.00
........................
........................
........................
........................
$345,837,125.00
estimates that these fees apply to
311,905 of the 543,590 total applications
filed per year. This chart is a subset of
the first chart and adds an additional
Filing fee for additional sheets
and claims
Average fee
Total non-hour
cost burden
(yr)
(b)
Responses
(yr)
Item
$89,020,075 to the annualized (nonhour) costs; however, it does not change
the number of responses. These fees are
also determined by the filing status.
(a) × (b)
(a)
Provisional Application Size Fee for Each Provisional Application for Patent Cover Sheet, filed for Each Additional 50
Sheets Exceeding 100 Sheets—Other Entity.
Provisional Application Size Fee for Each Provisional Application for Patent Cover Sheet, filed for Each Additional 50
Sheets Exceeding 100 Sheets—Small Entity.
Utility and Plant Applications, with independent claims in excess of 3—Other Entity.
Utility and Plant Applications, with independent claims in excess of 3—Small Entity.
Utility and Plant Applications, filed with Claims in Excess of
20—Other Entity.
Utility and Plant Applications, filed with Claims in Excess of
20—Small Entity.
Utility Application Size Fee for Each Original New Utility Application, filed with each additional 50 sheets exceeding
100 Sheets—Other Entity.
Utility Application Size Fee for Each Original New Utility Application, filed with each additional 50 sheets exceeding
100 Sheets—Small Entity.
Plant Application Size Fee for Each Original New Plant Application, filed with Each Additional 50 Sheets Exceeding 100
Sheets—Other Entity.
Plant Application Size Fee for Each Original New Plant Application, filed with Each Additional 50 Sheets Exceeding 100
Sheets—Small Entity.
Design Application Size Fee for Each Original New Design
Application, filed for each Additional 50 Sheets that Exceeds 100 Sheets—Other Entity.
Design Application Size Fee for Each Original New Design
Application, filed for each Additional 50 Sheets that Exceeds 100 Sheets—Small Entity.
sroberts on PROD1PC70 with NOTICES
Totals .................................................................................
The third chart calculates the
surcharges and fees incurred when an
application, the search or examination
fee, or the oath or declaration is filed
VerDate Aug<31>2005
16:16 Sep 11, 2006
Jkt 208001
2,400
$200.00 per each 50 Sheets
over 100.
$500.00
$1,200,000.00
2,300
$100.00 per each 50 Sheets
over 100.
260.00
598,000.00
95,000
$200.00 for each claim over 3
400.00
38,000,000.00
36,000
$100.00 for each claim over 3
200.00
7,200,000.00
115,000
$50.00 for each claim over 20
200.00
23,000,000.00
50,000
$25.00 for each claim over 20
300.00
15,000,000.00
7,500
$250.00 for each additional 50
sheets over 100.
425.00
3,187,500.00
3,500
$125.00 for each additional 50
sheets over 100.
225.00
787,500.00
25
$250.00 for each additional 50
sheets over 100.
275.00
6,875.00
10
$125.00 for each additional 50
sheets over 100.
265.00
2,650.00
110
$250.00 for each additional 50
sheets over 100.
265.00
29,150.00
60
$125.00 for each additional 50
sheets over 100.
140.00
8,400.00
311,905
............................................
late, when the application is filed with
multiple dependent claims, or when the
application is filed with a non-English
specification. The USPTO estimates that
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
$89,020,075.00
these fees apply to 153,040 of the
543,590 total applications filed per year.
This chart is a subset of the first chart
and adds an additional $18,539,150 to
E:\FR\FM\12SEN1.SGM
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Federal Register / Vol. 71, No. 176 / Tuesday, September 12, 2006 / Notices
the annualized (non-hour) costs;
however, it does not change the number
of responses. Except for the fee for the
non-English specification, these fees are
also determined by the filing status.
Responses
(yr)
Item
Surcharge fee for
late filing, multiple
dependent claims,
or non-English
specification fees
(a) × (b)
(a)
Surcharge for Late Filing of Provisional Application for Patent Cover Sheets—Other Entity .....................................................................................................................................
Surcharge for Late Filing of Provisional Application for Patent Cover Sheets—Small Entity .....................................................................................................................................
Utility and Plant Applications, filed with Multiple Dependent Claims—Other Entity ...........
Utility and Plant Applications, filed with Multiple Dependent Claims—Small Entity ...........
Utility, Plant, and Design Applications, Filed with a Surcharge for Late Filing, Search or
Examination Fee, or Oath/Declaration—Other Entity ......................................................
Utility, Plant, and Design Applications, Filed with a Surcharge for Late Filing, Search, or
Examination Fee, or Oath/Declaration—Small Entity ......................................................
Non-English Specification ....................................................................................................
Totals ............................................................................................................................
The USPTO estimates that the total
non-hour respondent cost burden for
this collection, in the form of capital
start-up, postage, recordkeeping, and
drawing costs, in addition to the filing
fees, is $695,587,260 per year.
IV. Request for Comments
sroberts on PROD1PC70 with NOTICES
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 also will become a matter of public
record.
Dated: August 31, 2006.
Susan K. Brown,
Records Officer, USPTO, Office of the Chief
Information Officer, Architecture,
Engineering and Technical Services, Data
Architecture and Services Division.
[FR Doc. E6–15048 Filed 9–11–06; 8:45 am]
BILLING CODE 3510–16–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
16:16 Sep 11, 2006
Jkt 208001
3,910
$50.00
$195,500.00
5,650
8,000
3,600
25.00
360.00
180.00
141,250.00
2,880,000.00
648,000.00
90,000
130.00
11,700,000.00
38,000
3,880
65.00
130.00
2,470,000.00
504,400.00
153,040
..............................
18,539,150.00
DEPARTMENT OF DEFENSE
Office of the Secretary
Sunshine Act Meeting
The Board of Directors of the
Corporation for National and
Community Service gives notice of the
following meeting:
DATE AND TIME: Wednesday, September
20, 2006, 9:30 a.m.–12 p.m.
PLACE: Corporation for National and
Community Service; 8th Floor; 1201
New York Avenue, NW., Washington,
DC 20525.
STATUS: Open.
MATTERS TO BE CONSIDERED:
I. Chair’s Opening Remarks.
II. Consideration of Prior Meeting’s
Minutes.
III. Committee Reports.
IV. CEO Report.
V. Public Comment.
ACCOMMODATIONS: Anyone who needs
an interpreter or other accommodation
should notify the Corporation’s contact
person by 5 p.m. Monday, September
18, 2006.
FOR FURTHER INFORMATION CONTACT:
David Premo, Public Affairs Associate,
Public Affairs, Corporation for National
and Community Service, 10th Floor,
Room 10302E, 1201 New York Avenue,
NW., Washington, DC 20525. Phone
(202) 606–6717. Fax (202) 606–3460.
TDD: (202) 606–3472. E-mail:
dpremo@cns.gov.
Dated: September 7, 2006.
Frank R. Trinity,
General Counsel.
[FR Doc. 06–7605 Filed 9–8–06; 11:01 am]
BILLING CODE 6050–$$–P
VerDate Aug<31>2005
Total non-hour
cost burden
(yr)
PO 00000
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No. DOD–2006–HA–0195]
Proposed Collection; Comment
Request
Office of the Assistant
Secretary of Defense (Health Affairs),
DoD.
ACTION: Notice.
AGENCY:
In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the Office of the
Assistant Secretary of Defense (Health
Affairs) announces the proposed
extension of an information collection
and seeks public comment on the
provisions thereof. 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 of the
proposed information collection; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the information collection on
respondents, including the use of
automated collection techniques or
other forms of information technology.
DATES: Consideration will be given to all
comments received by November 13,
2006.
You may submit comments,
identified by docket number and title,
by any of the following methods:
ADDRESSES:
E:\FR\FM\12SEN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 176 (Tuesday, September 12, 2006)]
[Notices]
[Pages 53669-53675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-15048]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Initial Patent Applications
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 November 13,
2006.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: Susan.Brown@uspto.gov. Include ``0651-0032
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, Architecture, Engineering and Technical Services,
Data Architecture and Services Division, U.S. Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Federal e-Rulemaking Portal: https://www.regulations.gov.
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
Article 1, Section 8, Clause 8 of the Constitution provides that
Congress shall have the power * * *'' [t]o promote the progress of
science and useful arts, by securing for limited times
[[Page 53670]]
to authors and inventors the exclusive right to their respective
writings and discoveries.'' Congress has exercised this grant of power
under the Constitution to enact the patent statute, Title 35, U.S.C.,
and to establish the United States Patent and Trademark Office (USPTO).
The USPTO is required by 35 U.S.C. 131 to examine applications for
patents. The patent statute and regulations require applicants to
provide sufficient information (specification containing a description
of the invention and at least one claim defining the property right
sought by the applicant; a drawing or photograph, where necessary, for
an understanding of the invention; a signed oath or declaration, and
the necessary fees) to allow the USPTO to properly examine the
application to determine whether it meets the criteria set forth in the
patent statute and regulations to be issued as a patent. The USPTO
administers the statute through various rules in 37 CFR 1.16 through
1.84.
The new utility, design, and provisional applications can be
submitted to the USPTO in paper or they can be submitted
electronically. Previously, applications were submitted electronically
through the Electronic Filing System (EFS). In March 2006, the USPTO
deployed EFS Web, a new Web based patent application and document
submission solution. EFS-Web does not require special software and
applicants can use their own systems, software, and processes to create
the patent application documents. The EFS Web uses standard Web-based
screens and prompts to assist the applicant in submitting their patent
application documents.
The USPTO has expanded the types of applications that can be filed
electronically. In addition to the new original utility and provisional
applications that are already filed electronically, new original design
applications can now be filed electronically.
In addition to the filing, search, and examination fees that are
already in the collection, two new patent fees from the Consolidated
Appropriations Act of 2005 are being added into the collection at this
time. This includes a new filing fee of $75 for small entities filing
original utility applications electronically on or after 12/8/04 and an
application size fee that is paid for applications filed under 35
U.S.C. 111 on or after 12/8/04, in which the specification and the
drawings exceed 100 sheets of paper.
Five other existing fees or surcharges that were previously
overlooked are being added into the collection at this time. This
includes surcharges for the late filing of the fees, oaths, or
declarations and for the late filing of the coversheet for provisional
applications. The other fees are for filing more than 3 independent
claims, filing more than 20 claims, and for filing multiple dependent
claims in a patent application.
Unlike the last renewal, the utility, design, and plant
applications are no longer grouped together, but are broken out
separately. This permits the USPTO to show exactly how many of the
different applications have been filed. It also makes it easier to
account for the electronic filings since the utility, design, and
provisional applications can be filed electronically, but the plant
applications are not filed electronically. The response and fee tables
can also be more closely aligned to each other than they were
previously.
There are 28 forms in this collection. The electronic Application
Data Sheet has a form number, but the paper version does not since it
is a suggested format and not an official paper form.
II. Method of Collection
By mail, facsimile (limited to petitions to accept delayed priority
claims and requests for continued prosecution applications), or hand
delivery to the USPTO. New utility, design, and provisional
applications can also be submitted electronically through the EFS.
III. Data
OMB Number: 0651-0032.
Form Number(s): PTO/SB/01/01A/02/02LR/03/03A/04/05/06/07/13/PCT/14/
16/17/18/19/29/29A/101-110.
Type of Review: Revision of a currently approved collection.
Affected Public: Individuals or households; businesses or other
for-profits; not-for-profit institutions; and the Federal Government.
Estimated Number of Respondents: 543,590 responses per year.
Estimated Time per Response: The USPTO estimates that it takes the
public approximately 24 minutes to 10 hours and 45 minutes (0.40 to
10.75 hours) to complete this information, depending on the request.
This includes the time to gather the necessary information, prepare the
application, petition, or CD submission, and submit the completed
request to the USPTO. Given the newness of electronic filing, the USPTO
believes that, for now, it will take the same amount of time to gather
the necessary information, prepare the new utility, design, or
provisional application, and submit it to the USPTO, whether the
applicant submits it in paper form or electronically.
Estimated Total Annual Respondent Burden Hours: 4,748,122 hours per
year.
Estimated Total Annual Respondent Cost Burden: $1,443,429,088 per
year. The USPTO expects that all of the information in this collection
will be prepared by an attorney. Using the professional hourly rate of
$304 per hour for associate attorneys in private firms, the USPTO
estimates that the total respondent cost burden for this collection is
$1,443,429,088 per year.
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
----------------------------------------------------------------------------------------------------------------
Original New Utility Applications--No 10 hours and 45 minutes........ 162,400 1,745,800
Application Data Sheet.
Electronic Original New Utility Applications-- 10 hours and 45 minutes........ 69,600 748,200
No Application Data Sheet.
Original New Plant Applications--No 10 hours and 45 minutes........ 1,115 11,986
Application Data Sheet.
Original New Design Applications--No 10 hours and 45 minutes........ 14,945 160,659
Application Data Sheet.
Electronic Original Design Applications--No 10 hours and 45 minutes........ 6,410 68,908
Application Data Sheet.
Original New Utility Applications-- 10 hours and 36 minutes........ 40,600 430,360
Application Data Sheet.
Electronic Original New Utility Applications-- 10 hours and 36 minutes........ 17,400 184,440
Application Data Sheet.
Original New Plant Applications--Application 10 hours and 36 minutes........ 285 3,021
Data Sheet.
Original New Design Applications--Application 10 hours and 36 minutes........ 3,740 39,644
Data Sheet.
Electronic New Design Applications-- 10 hours and 36 minutes........ 1,605 17,013
Application Data Sheet.
Continuation/Divisional of an International 10 hours and 45 minutes........ 7,560 81,270
Application--No Application Data Sheet.
Utility Continuation/Divisional Applications. 54 minutes..................... 56,930 51,237
Plant Continuation/Divisional Applications... 54 minutes..................... 230 207
[[Page 53671]]
Design Continuation/Divisional Applications.. 54 minutes..................... 750 675
Continued Prosecution Applications--Design 24 minutes..................... 260 104
(Request Transmittal and Receipt).
Utility Continuation-in-Part Applications.... 5 hours and 15 minutes......... 17,720 93,030
Plant Continuation-in-Part Applications...... 5 hours and 15 minutes......... 70 368
Design Continuation-in-Part Applications..... 5 hours and 15 minutes......... 480 2,520
Provisional Application for Patent Cover 8 hours........................ 96,680 773,440
Sheet.
Electronic Provisional Application for Patent 8 hours........................ 41,490 331,920
Cover Sheet.
Petition to Accept Unintentionally Delayed 1 hour......................... 920 920
Priority Claim.
Petition to Accept Non-Signing Inventors or 1 hour......................... 2,400 2,400
Legal Representatives/Filing by Other Than
all the Inventors or a Person not the
Inventor.
------------------------------------------------------------------
Total.................................... ............................... 543,590 4,748,122
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual Non-hour Respondent Cost Burden:
$695,587,260 per year. There are capital start-up, postage,
recordkeeping, and drawing costs, as well as filing fees, associated
with this information collection.
Applicants can use Compact Disk-Read Only Memory (CD-ROM) or
Compact Disk-Recordables (CD-R) to submit patent applications
containing large computer program listings to the USPTO. Therefore, the
costs for purchasing blank CD-R media (CDs), cases and labels for the
CDs, and a padded mailing envelope for shipping, are being added to the
annual (non-hour) costs for this collection. Blank CD-R media with
plastic jewel cases can be purchased for approximately $10 for 10 blank
CDs, or about $1 per disc. The average cost of software for labeling
CDs, including blank labels and case inserts, is approximately $20.
Padded 8.5 x 11-inch mailing envelopes for shipping the CDs cost
approximately $12 for a package of 12, or about $1 per envelope. In
sum, the USPTO estimates that the total costs for the blank CD-R media,
the software for labeling the CDs, and the mailing envelope are
approximately $42 per year. The USPTO estimates that 3 patent
applications will need to be submitted on CD per year, which when
multiplied by the total cost of the media, the labeling software, and
the mailing envelopes, equals $126 in total costs. Therefore, the USPTO
estimates that the total capital start-up costs for this collection
will be $126 per year.
The applications, the petition to accept a delayed priority claim,
the petition to accept non-signing inventors or legal representatives,
and the oversized program listing CD submissions may be submitted by
mail through the United States Postal Service. The USPTO recommends
that applicants file initial patent applications (which also include
the continued prosecution, continuation and divisional, continuation-
in-part, and provisional applications) by Express Mail to establish the
filing date (otherwise the filing date of the application will be the
date that it is received at the USPTO). The USPTO estimates that the
average cost for sending an initial application by Express Mail will be
$18.80, and that customers filing documents associated with these
initial applications may choose this option to mail their submissions
to the USPTO. The USPTO estimates that up to 403,765 submissions per
year may be mailed to the USPTO at an average Express Mail rate of
$18.80, for a total postage cost of $7,590,782.
The petitions for delayed priority claim or for acceptance of non-
signing inventors or legal representatives can be sent by first-class
mail. The USPTO estimates that the average first-class postage cost for
a mailed submission will be 63 cents, and that customers filing these
petitions may choose to mail their submissions to the USPTO. Therefore,
the USPTO estimates that up to 3,320 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 $2,092 per year.
In the case of the oversized program listing CD submissions, the
USPTO estimates that the average postage cost for these submissions
will be 95 cents, to cover the costs of mailing the CD, the application
transmittal form, and the cover letter. The USPTO estimates that 3
oversized program listing CD submissions will be received per year, for
a total postage cost of $3 per year.
The total postage cost for this collection is $7,592,877 per year.
There are recordkeeping costs associated with the oversized program
listing CD submissions and the electronic filing of new utility,
design, and provisional applications. The USPTO advises applicants who
submit applications with oversized computer listings on CD to retain a
back-up copy of the CD and a printed copy of the application
transmittal form for their records. The USPTO estimates that it will
take an additional 5 minutes for the applicant to produce this back-up
CD copy and 2 minutes to print the copy of the application transmittal
form, for a total of 7 minutes (0.12 hours) for each oversized
submission. The USPTO estimates that approximately 3 applications per
year will be submitted with oversized computer program listings, for a
total of 0.36 hours per year for retaining the back-up CD and printed
application transmittal form. The USPTO believes that these back-up
copies will be prepared by paraprofessionals with an estimated hourly
rate of $90 per hour, for a recordkeeping cost for these back-up copies
of $32 per year.
In addition, the USPTO also strongly advises applicants who file
their new utility, design, and provisional applications electronically
to retain a copy of the file submitted to the USPTO as evidence of
authenticity, in addition to keeping the acknowledgment receipt as
clear evidence that the file was received by the USPTO on the date
noted. The USPTO estimates that it will take 5 seconds (0.001 hours) to
print and retain a copy of the new utility, design, and provisional
submissions and that approximately 136,505 new submissions per year
(87,000 utility, 8,015 design, and 41,490 provisional applications)
will use this option, for a total of 137 hours per year. Using the
paraprofessional rate of $90 per hour, the USPTO estimates that the
recordkeeping cost for retaining this copy will be $12,330 per year.
The total recordkeeping cost for this collection is $12,362 per
year.
Patent applicants can submit drawings with the utility, design,
plant, and provisional applications. Applicants can prepare these
drawings on their own or they can hire patent
[[Page 53672]]
illustration services firms to create them. As a basis for calculating
the drawing costs, the USPTO believes that all applicants will have
their drawings prepared by the patent illustration firms. Estimates for
the drawings can vary greatly, depending on the number of figures that
need to be produced, the total number of pages for the drawings, and
the complexity of the drawings. The utility, plant, and design
continuation and divisional applications use the same drawings as the
initial filings, so they are not included in these totals. The
continuation-in-part applications may use some of the same drawings as
the initial applications and some new drawings may be submitted, so
those numbers are included in these estimates. The drawings for the
continued prosecution applications are also included in the drawing
cost totals. There are no continuation, divisional, or continuation-in-
part provisional applications.
The USPTO estimates that it can cost $58 per sheet to produce the
utility drawings and that on average, 11 sheets of drawings are
submitted, for an average cost of $638 to produce the utility drawings.
Out of 307,720 utility applications submitted per year, the USPTO
estimates that 91% or 280,025 applications will be submitted with
drawings, for a total of $178,655,950.
The USPTO estimates that it can cost $68 per sheet to produce
design drawings and that on average 4.8 sheets of drawings are
submitted, for an average cost of $326 to produce design drawings. Out
of 27,440 design applications submitted per year, the USPTO estimates
that 100% will be submitted with drawings, for a total of $8,945,440.
The USPTO estimates that it can cost $35 per sheet to produce plant
drawings and that on average 2 sheets of drawings are submitted, for an
average cost of $70 to produce plant drawings. Out of 1,470 plant
applications submitted per year, the USPTO estimates that 100% will be
submitted with drawings, for a total of $102,900.
The USPTO estimates that it can cost $58 per sheet to produce
provisional drawings and that on average 7.5 sheets of drawings are
submitted, for an average cost of $435 to produce provisional drawings.
Out of 138,170 provisional applications submitted per year, the USPTO
estimates that 78% or 107,773 applications will be submitted with
drawings, for a total of $46,881,255.
The USPTO estimates that at least $234,585,545 could be added to
the total non-hour cost burden as a result of patent applicants using
patent illustration firms to produce the drawings for their utility,
design, plant, and provisional applications.
There is also annual nonhour cost burden in the way of filing fees
associated with this collection. The filing, search, and examination
fees for the utility, plant, design, and provisional applications
(including the continuation and divisional, continued prosecution, and
continuation-in-part applications) are determined by which filing
status (other entity or small entity) the applicant has selected. The
filing fees for the electronically-filed new utility applications for
small entities are $75, but for the rest of the applications the fees
are the same as those for the paper applications. The small entity
status does not apply to the petition to accept a delayed priority
claim or to the petition to accept non-signing inventors or legal
representatives/filing by other than all the inventors or a person not
the inventor.
The total estimated filing costs of $453,396,350 for this
collection are calculated in the following charts. The first chart
shows the filing, search, and examination fees for the various
applications.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Responses Examination Total non-hour
Item (yr) Filing fee Search fee fee Total fees cost burden (yr)
(a) .............. .............. .............. (b) (a) x (b)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Original New Utility Applications--No Application 113,680 $300.00 $500.00 $200.00 $1,000.00 $113,680,000.00
Data Sheet--Other Entity...........................
Original New Utility Applications--No Application 48,720 150.00 250.00 100.00 500.00 24,360,000.00
Data Sheet--Small Entity...........................
Electronic Original New Utility Applications--No 48,720 300.00 500.00 200.00 1,000.00 48,720,000.00
Application Data Sheet--Other Entity...............
Electronic Original New Utility Applications--No 20,880 75.00 250.00 100.00 425.00 8,874,000.00
Application Data Sheet--Small Entity...............
Original New Plant Applications--No Application Data 780 200.00 300.00 160.00 660.00 514,800.00
Sheet--Other Entity................................
Original New Plant Applications--No Application Data 335 100.00 150.00 80.00 330.00 110,550.00
Sheet--Small Entity................................
Original New Design Applications--No Application 7,320 200.00 100.00 130.00 430.00 3,147,600.00
Data Sheet--Other Entity...........................
Original New Design Applications--No Application 7,625 100.00 50.00 65.00 215.00 1,639,375.00
Data Sheet--Small Entity...........................
Electronic Original New Design Applications--No 3,145 200.00 100.00 130.00 430.00 1,352,350.00
Application Data Sheet--Other Entity...............
Electronic Original New Design Applications--No 3,265 100.00 50.00 65.00 215.00 701,975.00
Application Data Sheet--Small Entity...............
[[Page 53673]]
Original New Utility Applications--Application Data 28,420 300.00 500.00 200.00 1,000.00 28,420,000.00
Sheet--Other Entity................................
Original New Utility Applications--Application Data 12,180 150.00 250.00 100.00 500.00 6,090,000.00
Sheet--Small Entity................................
Electronic Original New Utility Applications-- 12,180 300.00 500.00 200.00 1,000.00 12,180,000.00
Application Data Sheet--Other Entity...............
Electronic Original New Utility Applications-- 5,220 75.00 250.00 100.00 425.00 2,218,500.00
Application Data Sheet--Small Entity...............
Original New Plant Applications--Application Data 200 200.00 300.00 160.00 660.00 132,000.00
Sheet--Other Entity................................
Original New Plant Applications--Application Data 85 100.00 150.00 80.00 330.00 28,050.00
Sheet--Small Entity................................
Original New Design Applications--Application Data 1,830 200.00 100.00 130.00 430.00 786,900.00
Sheet--Other Entity................................
Original New Design Applications--Application Data 1,910 100.00 50.00 65.00 215.00 410,650.00
Sheet--Small Entity................................
Electronic New Design Applications--Application Data 785 200.00 100.00 130.00 430.00 337,550.00
Sheet--Other Entity................................
Electronic New Design Applications--Application Data 820 100.00 50.00 65.00 215.00 176,300.00
Sheet--Small Entity................................
Continuation/Divisional of an International 5,990 300.00 500.00 200.00 1,000.00 5,990,000.00
Application--No Application Data Sheet--Other
Entity.............................................
Continuation/Divisional of an International 1,570 150.00 250.00 100.00 500.00 785,000.00
Application--No Application Data Sheet--Small
Entity.............................................
Utility Continuation/Divisional Applications--Other 40,420 300.00 500.00 200.00 1,000.00 40,420,000.00
Entity.............................................
Utility Continuation/Divisional Applications--Small 16,510 150.00 250.00 100.00 500.00 8,255,000.00
Entity.............................................
Plant Continuation/Divisional Applications--Other 160 200.00 300.00 160.00 660.00 105,600.00
Entity.............................................
Plant Continuation/Divisional Applications--Small 70 100.00 150.00 80.00 330.00 23,100.00
Entity.............................................
Design Continuation/Divisional Applications--Other 365 200.00 100.00 130.00 430.00 156,950.00
Entity.............................................
Design Continuation/Divisional Applications--Small 385 100.00 50.00 65.00 215.00 82,775.00
Entity.............................................
Continued Prosecution Applications--Design (Request 125 200.00 100.00 130.00 430.00 53,750.00
Transmittal and Receipt)--Other Entity.............
Continued Prosecution Applications--Design (Request 135 100.00 50.00 65.00 215.00 29,025.00
Transmittal and Receipt)--Small Entity.............
Utility Continuation-in-Part Applications--Other 12,580 300.00 500.00 200.00 1,000.00 12,580,000.00
Entity.............................................
Utility Continuation-in-Part Applications--Small 5,140 150.00 250.00 100.00 500.00 2,570,000.00
Entity.............................................
Plant Continuation-in-Part Applications--Other 50 200.00 300.00 160.00 660.00 33,000.00
Entity.............................................
Plant Continuation-in-Part Applications--Small 20 100.00 150.00 80.00 330.00 6,600.00
Entity.............................................
Design Continuation-in-Part Applications--Other 235 200.00 100.00 130.00 430.00 101,050.00
Entity.............................................
Design Continuation-in-Part Applications--Small 245 100.00 50.00 65.00 215.00 52,675.00
Entity.............................................
Provisional Application for Patent Cover Sheets-- 36,500 200.00 N/A N/A 200.00 7,300,000.00
Other Entity.......................................
Provisional Application for Patent Cover Sheets-- 60,180 100.00 N/A N/A 100.00 6,018,000.00
Small Entity.......................................
[[Page 53674]]
Electronic Provisional Application for Patent Cover 15,690 200.00 N/A N/A 200.00 3,138,000.00
Sheets--Other Entity...............................
Electronic Provisional Application for Patent Cover 25,800 100.00 N/A N/A 100.00 2,580,000.00
Sheets--Small Entity...............................
Petition to Accept Unintentionally Delayed Priority 920 1,300.00 N/A N/A 1,300.00 1,196,000.00
Claim..............................................
Petition to Accept Non-Signing Inventors or Legal 2,400 200.00 N/A N/A 200.00 480,000.00
Representatives/Filing by Other Than all the
Inventors or a Person not the Inventor.............
---------------------------------------------------------------------------------------------------
Totals.......................................... 543,590 .............. .............. .............. .............. $345,837,125.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
The second chart calculates the additional fees incurred when an
application is filed with additional sheets or excess claims. The USPTO
estimates that these fees apply to 311,905 of the 543,590 total
applications filed per year. This chart is a subset of the first chart
and adds an additional $89,020,075 to the annualized (non-hour) costs;
however, it does not change the number of responses. These fees are
also determined by the filing status.
----------------------------------------------------------------------------------------------------------------
Responses Filing fee for additional Total non-hour
Item (yr) sheets and claims Average fee cost burden (yr)
(a) .......................... (b) (a) x (b)
----------------------------------------------------------------------------------------------------------------
Provisional Application Size Fee for 2,400 $200.00 per each 50 Sheets $500.00 $1,200,000.00
Each Provisional Application for over 100.
Patent Cover Sheet, filed for Each
Additional 50 Sheets Exceeding 100
Sheets--Other Entity.
Provisional Application Size Fee for 2,300 $100.00 per each 50 Sheets 260.00 598,000.00
Each Provisional Application for over 100.
Patent Cover Sheet, filed for Each
Additional 50 Sheets Exceeding 100
Sheets--Small Entity.
Utility and Plant Applications, with 95,000 $200.00 for each claim 400.00 38,000,000.00
independent claims in excess of 3-- over 3.
Other Entity.
Utility and Plant Applications, with 36,000 $100.00 for each claim 200.00 7,200,000.00
independent claims in excess of 3-- over 3.
Small Entity.
Utility and Plant Applications, filed 115,000 $50.00 for each claim over 200.00 23,000,000.00
with Claims in Excess of 20--Other 20.
Entity.
Utility and Plant Applications, filed 50,000 $25.00 for each claim over 300.00 15,000,000.00
with Claims in Excess of 20--Small 20.
Entity.
Utility Application Size Fee for Each 7,500 $250.00 for each 425.00 3,187,500.00
Original New Utility Application, additional 50 sheets over
filed with each additional 50 sheets 100.
exceeding 100 Sheets--Other Entity.
Utility Application Size Fee for Each 3,500 $125.00 for each 225.00 787,500.00
Original New Utility Application, additional 50 sheets over
filed with each additional 50 sheets 100.
exceeding 100 Sheets--Small Entity.
Plant Application Size Fee for Each 25 $250.00 for each 275.00 6,875.00
Original New Plant Application, filed additional 50 sheets over
with Each Additional 50 Sheets 100.
Exceeding 100 Sheets--Other Entity.
Plant Application Size Fee for Each 10 $125.00 for each 265.00 2,650.00
Original New Plant Application, filed additional 50 sheets over
with Each Additional 50 Sheets 100.
Exceeding 100 Sheets--Small Entity.
Design Application Size Fee for Each 110 $250.00 for each 265.00 29,150.00
Original New Design Application, filed additional 50 sheets over
for each Additional 50 Sheets that 100.
Exceeds 100 Sheets--Other Entity.
Design Application Size Fee for Each 60 $125.00 for each 140.00 8,400.00
Original New Design Application, filed additional 50 sheets over
for each Additional 50 Sheets that 100.
Exceeds 100 Sheets--Small Entity.
------------------------------------------------------------------------
Totals............................. 311,905 .......................... ........... $89,020,075.00
----------------------------------------------------------------------------------------------------------------
The third chart calculates the surcharges and fees incurred when an
application, the search or examination fee, or the oath or declaration
is filed late, when the application is filed with multiple dependent
claims, or when the application is filed with a non-English
specification. The USPTO estimates that these fees apply to 153,040 of
the 543,590 total applications filed per year. This chart is a subset
of the first chart and adds an additional $18,539,150 to
[[Page 53675]]
the annualized (non-hour) costs; however, it does not change the number
of responses. Except for the fee for the non-English specification,
these fees are also determined by the filing status.
----------------------------------------------------------------------------------------------------------------
Surcharge fee for
late filing,
multiple
Item Responses dependent claims, Total non-hour
(yr) or non-English cost burden (yr)
specification
fees
----------------------------------------------------------------------------------------------------------------
(a) ................. (a) x (b)
----------------------------------------------------------------------------------------------------------------
Surcharge for Late Filing of Provisional Application for 3,910 $50.00 $195,500.00
Patent Cover Sheets--Other Entity...........................
Surcharge for Late Filing of Provisional Application for 5,650 25.00 141,250.00
Patent Cover Sheets--Small Entity...........................
Utility and Plant Applications, filed with Multiple Dependent 8,000 360.00 2,880,000.00
Claims--Other Entity........................................
Utility and Plant Applications, filed with Multiple Dependent 3,600 180.00 648,000.00
Claims--Small Entity........................................
Utility, Plant, and Design Applications, Filed with a 90,000 130.00 11,700,000.00
Surcharge for Late Filing, Search or Examination Fee, or
Oath/Declaration--Other Entity..............................
Utility, Plant, and Design Applications, Filed with a 38,000 65.00 2,470,000.00
Surcharge for Late Filing, Search, or Examination Fee, or
Oath/Declaration--Small Entity..............................
Non-English Specification.................................... 3,880 130.00 504,400.00
--------------------------------------------------
Totals................................................... 153,040 ................. 18,539,150.00
----------------------------------------------------------------------------------------------------------------
The USPTO estimates that the total non-hour respondent cost burden
for this collection, in the form of capital start-up, postage,
recordkeeping, and drawing costs, in addition to the filing fees, is
$695,587,260 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, 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 also will become a matter of public record.
Dated: August 31, 2006.
Susan K. Brown,
Records Officer, USPTO, Office of the Chief Information Officer,
Architecture, Engineering and Technical Services, Data Architecture and
Services Division.
[FR Doc. E6-15048 Filed 9-11-06; 8:45 am]
BILLING CODE 3510-16-P
