Post Allowance and Refiling, 2869-2871 [E7-908]
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Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Notices
Dated: January 17, 2007.
P. Michael Payne,
Chief, Permits, Conservation and Education
Division, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E7–944 Filed 1–23–07; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Post Allowance and Refiling
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 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 March 26, 2007.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: Susan.Brown@uspto.gov.
Include ‘‘0651–0033 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 Robert A. Clarke,
Deputy Director, Office of Patent Legal
Administration, U.S. Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–7735; or by e-mail
at Robert.Clarke@uspto.gov.
mstockstill on PROD1PC70 with NOTICES
SUPPLEMENTARY INFORMATION
I. Abstract
The United States Patent and
Trademark Office (USPTO) is required
by 35 U.S.C. 131 and 151 to examine
applications and, when appropriate,
allow applications and issue them as
patents. When an application for a
patent is allowed by the USPTO, the
USPTO issues a notice of allowance and
the applicant must pay the specified
issue fee (including the publication fee,
VerDate Aug<31>2005
19:33 Jan 22, 2007
Jkt 211001
if applicable) within three months to
avoid abandonment of the application.
If the appropriate fees are paid within
the proper time period, the USPTO can
then issue the patent. If the fees are not
paid within the designated time period,
the application is abandoned and the
applicant may petition the Director to
accept a delayed payment with a
satisfactory showing that the delay was
unavoidable. This Petition for Revival of
an Application for Patent Abandoned
Unavoidably (Form PTO/SB/61) is
approved under information collection
0651–0031. The rules outlining the
procedures for payment of the issue fee
and issuance of a patent are found at 37
CFR 1.18 and 1.311–1.317.
Chapter 25 of Title 35 U.S.C. provides
that there are several actions that the
applicant may take after issuance of a
patent, including requesting the
correction of errors in a patent. For
original patents that are deemed wholly
or partly inoperative, applicants may
file a reissue application, which entails
several formal requirements including
an oath or declaration stating that the
errors in the patent were not the result
of any deceptive intention on the part of
the applicant. The rules outlining these
procedures are found at 37 CFR 1.171–
1.178 and 1.322–1.325.
Chapter 30 of Title 35 U.S.C. provides
that any person at any time may file a
request for reexamination by the USPTO
of any claim of a patent on the basis of
prior art patents or printed publications.
Once initiated, the reexamination
proceedings are substantially ex parte
and do not permit input from third
parties under Chapter 30, but Chapter
31 also provides for inter partes
reexamination allowing third parties to
participate. If a request for ex parte or
inter partes reexamination is denied, the
requester may petition the Director to
review the examiner’s refusal of
reexamination. The rules outlining ex
parte and inter partes reexaminations
are found at 37 CFR 1.510–1.570 and
1.902–1.997.
The USPTO is adding two items to
this information collection, an
electronic version of the Issue Fee
Transmittal (Form PTOL–85B) and a
petition to request an extension of time
in ex parte or inter partes reexamination
proceedings. The USPTO is developing
a new version of the existing Issue Fee
Transmittal that customers will be able
to submit electronically through EFSWeb, the USPTO’s latest electronic
filing initiative. EFS-Web is a web-based
patent application and document
submission system that allows
customers to file applications and
associated documents through their
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
2869
standard web browser. EFS-Web offers
many benefits to filers, including
immediate notification that a
submission has been received by the
USPTO, automated processing of
requests, and avoidance of postage and
other paper delivery costs. The petition
for an extension of time in an ex parte
or inter partes reexamination allows
patent owners to request additional time
to take action in a reexamination
proceeding for sufficient cause and for
a reasonable time specified. This
petition is an existing requirement that
was not previously covered under this
information collection. No form is
provided for this petition.
The public uses this information
collection to request corrections of
errors in issued patents, to request
reissue patents, to request
reexamination proceedings, and to
ensure that the associated fees and
documentation are submitted to the
USPTO.
II. Method of Collection
By mail, facsimile, hand delivery, or
electronically to the USPTO.
III. Data
OMB Number: 0651–0033.
Form Number(s): PTO/SB/44/50/51/
51S/52/53/56/57/58 and PTOL–85B.
Type of Review: Revision of a
currently approved collection.
Affected Public: Businesses or other
for-profits; not-for-profit institutions.
Estimated Number of Respondents:
224,926 responses per year.
Estimated Time Per Response: The
USPTO estimates that it will take the
public from 1.8 minutes (0.03 hours) to
2 hours to gather the necessary
information, prepare the appropriate
form or other document, and submit the
information to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 68,245 hours per year.
Estimated Total Annual Respondent
Cost Burden: $12,486,080 per year. The
USPTO expects that the information in
this collection will be prepared by
attorneys, except for the Issue Fee
Transmittal, which will be prepared by
paraprofessionals. Using the
professional rate of $304 per hour for
associate attorneys in private firms, the
USPTO estimates that the respondent
cost burden for attorneys submitting the
information in this collection will be
$9,012,080 per year. Using the
paraprofessional rate of $90 per hour,
the USPTO expects that the respondent
cost burden for submitting the Issue Fee
Transmittal will be $3,474,000 per year.
E:\FR\FM\23JAN1.SGM
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2870
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Notices
Estimated
annual
responses
Estimated
annual
burden hours
Item
Form No.
Estimated time for
response
Certificate of Correction ...........................................
Reissue Documentation ...........................................
Reissue Patent Application Transmittal ...................
Reissue Application Declaration by the Inventor or
the Assignee.
Supplemental Declaration for Reissue Patent Application to Correct ‘‘Errors’’ Statement (37 CFR
1.175).
Reissue Application: Consent of Assignee; Statement of Non-assignment.
Reissue Application Fee Transmittal Form ..............
Request for Ex Parte Reexamination Transmittal
Form.
Request for Inter Partes Reexamination Transmittal
Form.
Petition to Review Refusal to Grant Ex Parte Reexamination.
Petition to Review Refusal to Grant Inter Partes
Reexamination.
Petition to Request Extension of Time in Ex Parte
or Inter Partes Reexamination.
Issue Fee Transmittal ..............................................
Issue Fee Transmittal (EFS-Web) ...........................
PTO/SB/44 ........................
None ..................................
PTO/SB/50 ........................
PTO/SB/51/52 ...................
1 hour ................................
2 hours ..............................
12 minutes .........................
30 minutes .........................
25,000
1,100
1,100
1,100
25,000
2,200
220
550
PTO/SB/51S ......................
1.8 minutes ........................
700
21
PTO/SB/53 ........................
6 minutes ...........................
1,075
108
PTO/SB/56 ........................
PTO/SB/57 ........................
12 minutes .........................
2 hours ..............................
1,100
500
220
1,000
PTO/SB/58 ........................
2 hours ..............................
100
200
None ..................................
1 hour ................................
100
100
None ..................................
1 hour ................................
1
1
None ..................................
30 minutes .........................
50
25
PTOL–85B .........................
PTOL–85B .........................
12 minutes .........................
12 minutes .........................
154,400
38,600
30,880
7,720
Totals ................................................................
............................................
............................................
224,926
68,245
Estimated Total Annual Non-hour
Respondent Cost Burden: $273,113,430
per year. There are no capital start-up or
maintenance costs associated with this
information collection. However, this
collection does have annual (non-hour)
costs in the form of filing fees, postage
costs, and recordkeeping costs.
The total estimated annual filing fees
for this collection are calculated in the
accompanying table. The Reissue
Application Fee Transmittal Form
includes the fees for the reissue
application under 37 CFR 1.16,
including the basic filing fee, search fee,
and examination fee. These fees cover
all parts of the application, including
reissue documentation, reissue
application transmittal, reissue
application declarations, and consent of
assignee or statement of nonassignment. There is no fee for the
supplemental declaration for a reissue
patent application to correct an ‘‘errors’’
statement.
Additionally, there are several
different issue fees under 37 CFR 1.18
depending on the type of patent being
issued, whether a publication fee is
required, and whether the inventor is
entitled to the discounted small entity
fee. The additional publication fee may
not be owed at the time of patent issue
for any of the following reasons: (1) The
application requested non-publication
under 35 U.S.C. 122(b)(2)(B)(i); (2) the
application will not be published due to
national security concerns as provided
in 35 U.S.C. 122(d); (3) the applicant has
paid the publication fee prior to issue
due to a request for early or amended
publication under 37 CFR 1.219; or (4)
the application was filed prior to
November 29, 2000 and therefore not
subject to eighteen-month publication
under 35 U.S.C. 122(b). The USPTO
estimates that the total filing costs
associated with this collection will be
$273,013,030 per year.
Estimated
annual
responses
Fee
amount
Estimated
annual
filing costs
mstockstill on PROD1PC70 with NOTICES
Item
Form No.
Certificate of Correction .....................................................................
Reissue Documentation ....................................................................
Reissue Patent Application Transmittal ............................................
Reissue Application Declaration by the Inventor or the Assignee ....
Supplemental Declaration for Reissue Patent Application to Correct ‘‘Errors’’ Statement (37 CFR 1.175).
Reissue Application: Consent of Assignee; Statement of Non-assignment.
Reissue Application Fee Transmittal Form .......................................
Reissue Application Fee Transmittal Form (small entity) .................
Request for Ex Parte Reexamination Transmittal Form ...................
Request for Inter Partes Reexamination Transmittal Form ..............
Petition to Review Refusal to Grant Ex Parte Reexamination .........
Petition to Review Refusal to Grant Inter Partes Reexamination .....
Petition to Request Extension of Time in Ex Parte or Inter Partes
Reexamination.
Issue Fee (utility patent, no publication fee) .....................................
Issue Fee (utility patent, no publication fee, small entity) .................
Issue Fee (utility patent, with publication fee) ...................................
Issue Fee (utility patent, with publication fee, small entity) ..............
Issue Fee (design patent, no publication fee) ...................................
PTO/SB/44 .............
None ......................
PTO/SB/50 .............
PTO/SB/51/52 ........
PTO/SB/51S ..........
25,000
1,100
1,100
1,100
700
$100.00
0.00
0.00
0.00
0.00
$2,500,000.00
0.00
0.00
0.00
0.00
PTO/SB/53 .............
1,075
0.00
0.00
PTO/SB/56 .............
PTO/SB/56 .............
PTO/SB/57 .............
PTO/SB/58 .............
None ......................
None ......................
None ......................
657
443
500
100
100
1
50
1,400.00
700.00
2,520.00
8,800.00
130.00
130.00
200.00
919,800.00
310,100.00
1,260,000.00
880,000.00
13,000.00
130.00
10,000.00
25,000
9,000
105,000
36,000
8,500
1,400.00
700.00
1,700.00
1,000.00
800.00
35,000,000.00
6,300,000.00
178,500,000.00
36,000,000.00
6,800,000.00
VerDate Aug<31>2005
19:33 Jan 22, 2007
Jkt 211001
PO 00000
Frm 00019
PTOL–85B
PTOL–85B
PTOL–85B
PTOL–85B
PTOL–85B
Fmt 4703
.............
.............
.............
.............
.............
Sfmt 4703
E:\FR\FM\23JAN1.SGM
23JAN1
2871
Federal Register / Vol. 72, No. 14 / Tuesday, January 23, 2007 / Notices
Item
Issue
Issue
Issue
Issue
Issue
Fee
Fee
Fee
Fee
Fee
Form No.
(design patent, no publication fee, small entity) ..............
(plant patent, no publication fee) .....................................
(plant patent, no publication fee, small entity) .................
(plant patent, with publication fee) ...................................
(plant patent, with publication fee, small entity) ...............
Totals ..........................................................................................
Customers may incur postage costs
when submitting the information in this
collection to the USPTO by mail. The
USPTO estimates that the average firstclass postage cost for a mailed
submission will be 52 cents and that up
to 186,326 submissions will be mailed
to the USPTO per year. The total
estimated postage cost for this collection
is $96,890 per year.
When submitting the electronic
version of the Issue Fee Transmittal, the
applicant is strongly urged to retain a
copy of the acknowledgment receipt as
evidence that the form 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 acknowledgment receipt
and that 38,600 submissions per year
will submit the issue fee electronically,
for a total of approximately 39 hours per
year for printing this receipt. Using the
paraprofessional rate of $90 per hour,
the USPTO estimates that the
recordkeeping cost associated with this
requirement will be $3,510 per year.
The total non-hour respondent cost
burden for this collection in the form of
filing fees, postage costs, and
recordkeeping costs is $273,113,430 per
year.
mstockstill on PROD1PC70 with NOTICES
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.
VerDate Aug<31>2005
19:33 Jan 22, 2007
Jkt 211001
PTOL–85B
PTOL–85B
PTOL–85B
PTOL–85B
PTOL–85B
Estimated
annual
responses
8,500
120
80
480
320
400.00
1,100.00
550.00
1,400.00
850.00
3,400,000.00
132,000.00
44,000.00
672,000.00
272,000.00
................................
224,926
........................
273,013,030.00
BILLING CODE 3510–16–P
DEPARTMENT OF DEFENSE
Department of the Air Force
Establishment and Operation of an
Intelligence, Surveillance,
Reconnaissance, and Strike Capability,
Andersen Air Force Base, Guam
ACTION:
Department of the Air Force.
Record of Decision (ROD).
SUMMARY: On January 12, 2007, the
United States Air Force signed the ROD
for the Establishment and Operation of
an Intelligence, Surveillance,
Reconnaissance, and Strike Capability,
Andersen Air Force Base, Guam. The
decision was based on matters
discussed in the Final Environmental
Impact Statement (EIS), inputs from the
public and regulatory agencies, and
other relevant factors. The Final EIS was
made available on November 24, 2006
in the Federal Register (Volume 71,
Number 226, Page 67864) with a wait
period ending December 26, 2006. The
Air Force was the National
Environmental Policy Act (NEPA) lead
agency with the Department of the Navy
acting as a Cooperating Agency under
NEPA. The ROD documents only the
decision of the Air Force with respect to
the proposed Air Force actions analyzed
in the Final EIS.
Jonathan
Wald, 36 Civil Engineer Squadron, 671–
366–2549.
FOR FURTHER INFORMATION:
Bao-Anh Trinh,
DAF, Air Force Federal Register Liaison
Officer.
[FR Doc. E7–893 Filed 1–22–07; 8:45 am]
BILLING CODE 5001–05–P
PO 00000
Frm 00020
Estimated
annual
filing costs
.............
.............
.............
.............
.............
Dated: January 16, 2007.
Susan K. Brown,
Records Officer, USPTO Office of the Chief
Information Officer, Architecture,
Engineering and Technical Services, Data
Architecture and Services Division.
[FR Doc. E7–908 Filed 1–22–07; 8:45 am]
AGENCY:
Fee
amount
Fmt 4703
Sfmt 4703
DEPARTMENT OF EDUCATION
Notice of Proposed Information
Collection Requests
Department of Education.
The IC Clearance Official,
Regulatory Information Management
Services, Office of Management, invites
comments on the proposed information
collection requests as required by the
Paperwork Reduction Act of 1995.
DATES: Interested persons are invited to
submit comments on or before
March 26, 2007.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The IC Clearance
Official, Regulatory Information
Management Services, Office of
Management, publishes that notice
containing proposed information
collection requests prior to submission
of these requests to OMB. Each
proposed information collection,
grouped by office, contains the
following: (1) Type of review requested,
e.g. new, revision, extension, existing or
reinstatement; (2) Title; (3) Summary of
the collection; (4) Description of the
need for, and proposed use of, the
information; (5) Respondents and
frequency of collection; and (6)
Reporting and/or Recordkeeping
burden. OMB invites public comment.
The Department of Education is
especially interested in public comment
addressing the following issues: (1) Is
this collection necessary to the proper
functions of the Department; (2) will
this information be processed and used
in a timely manner; (3) is the estimate
of burden accurate; (4) how might the
AGENCY:
SUMMARY:
E:\FR\FM\23JAN1.SGM
23JAN1
]]>Agencies
[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Notices]
[Pages 2869-2871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-908]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Post Allowance and Refiling
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 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 March 26, 2007.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: Susan.Brown@uspto.gov. Include ``0651-0033
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 Robert A. Clarke, Deputy Director, Office of
Patent Legal Administration, U.S. Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450; by telephone at 571-272-7735; or by e-
mail at Robert.Clarke@uspto.gov.
SUPPLEMENTARY INFORMATION
I. Abstract
The United States Patent and Trademark Office (USPTO) is required
by 35 U.S.C. 131 and 151 to examine applications and, when appropriate,
allow applications and issue them as patents. When an application for a
patent is allowed by the USPTO, the USPTO issues a notice of allowance
and the applicant must pay the specified issue fee (including the
publication fee, if applicable) within three months to avoid
abandonment of the application. If the appropriate fees are paid within
the proper time period, the USPTO can then issue the patent. If the
fees are not paid within the designated time period, the application is
abandoned and the applicant may petition the Director to accept a
delayed payment with a satisfactory showing that the delay was
unavoidable. This Petition for Revival of an Application for Patent
Abandoned Unavoidably (Form PTO/SB/61) is approved under information
collection 0651-0031. The rules outlining the procedures for payment of
the issue fee and issuance of a patent are found at 37 CFR 1.18 and
1.311-1.317.
Chapter 25 of Title 35 U.S.C. provides that there are several
actions that the applicant may take after issuance of a patent,
including requesting the correction of errors in a patent. For original
patents that are deemed wholly or partly inoperative, applicants may
file a reissue application, which entails several formal requirements
including an oath or declaration stating that the errors in the patent
were not the result of any deceptive intention on the part of the
applicant. The rules outlining these procedures are found at 37 CFR
1.171-1.178 and 1.322-1.325.
Chapter 30 of Title 35 U.S.C. provides that any person at any time
may file a request for reexamination by the USPTO of any claim of a
patent on the basis of prior art patents or printed publications. Once
initiated, the reexamination proceedings are substantially ex parte and
do not permit input from third parties under Chapter 30, but Chapter 31
also provides for inter partes reexamination allowing third parties to
participate. If a request for ex parte or inter partes reexamination is
denied, the requester may petition the Director to review the
examiner's refusal of reexamination. The rules outlining ex parte and
inter partes reexaminations are found at 37 CFR 1.510-1.570 and 1.902-
1.997.
The USPTO is adding two items to this information collection, an
electronic version of the Issue Fee Transmittal (Form PTOL-85B) and a
petition to request an extension of time in ex parte or inter partes
reexamination proceedings. The USPTO is developing a new version of the
existing Issue Fee Transmittal that customers will be able to submit
electronically through EFS-Web, the USPTO's latest electronic filing
initiative. EFS-Web is a web-based patent application and document
submission system that allows customers to file applications and
associated documents through their standard web browser. EFS-Web offers
many benefits to filers, including immediate notification that a
submission has been received by the USPTO, automated processing of
requests, and avoidance of postage and other paper delivery costs. The
petition for an extension of time in an ex parte or inter partes
reexamination allows patent owners to request additional time to take
action in a reexamination proceeding for sufficient cause and for a
reasonable time specified. This petition is an existing requirement
that was not previously covered under this information collection. No
form is provided for this petition.
The public uses this information collection to request corrections
of errors in issued patents, to request reissue patents, to request
reexamination proceedings, and to ensure that the associated fees and
documentation are submitted to the USPTO.
II. Method of Collection
By mail, facsimile, hand delivery, or electronically to the USPTO.
III. Data
OMB Number: 0651-0033.
Form Number(s): PTO/SB/44/50/51/51S/52/53/56/57/58 and PTOL-85B.
Type of Review: Revision of a currently approved collection.
Affected Public: Businesses or other for-profits; not-for-profit
institutions.
Estimated Number of Respondents: 224,926 responses per year.
Estimated Time Per Response: The USPTO estimates that it will take
the public from 1.8 minutes (0.03 hours) to 2 hours to gather the
necessary information, prepare the appropriate form or other document,
and submit the information to the USPTO.
Estimated Total Annual Respondent Burden Hours: 68,245 hours per
year.
Estimated Total Annual Respondent Cost Burden: $12,486,080 per
year. The USPTO expects that the information in this collection will be
prepared by attorneys, except for the Issue Fee Transmittal, which will
be prepared by paraprofessionals. Using the professional rate of $304
per hour for associate attorneys in private firms, the USPTO estimates
that the respondent cost burden for attorneys submitting the
information in this collection will be $9,012,080 per year. Using the
paraprofessional rate of $90 per hour, the USPTO expects that the
respondent cost burden for submitting the Issue Fee Transmittal will be
$3,474,000 per year.
[[Page 2870]]
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Item Form No. Estimated time for annual annual burden
response responses hours
----------------------------------------------------------------------------------------------------------------
Certificate of Correction......... PTO/SB/44............ 1 hour............... 25,000 25,000
Reissue Documentation............. None................. 2 hours.............. 1,100 2,200
Reissue Patent Application PTO/SB/50............ 12 minutes........... 1,100 220
Transmittal.
Reissue Application Declaration by PTO/SB/51/52......... 30 minutes........... 1,100 550
the Inventor or the Assignee.
Supplemental Declaration for PTO/SB/51S........... 1.8 minutes.......... 700 21
Reissue Patent Application to
Correct ``Errors'' Statement (37
CFR 1.175).
Reissue Application: Consent of PTO/SB/53............ 6 minutes............ 1,075 108
Assignee; Statement of Non-
assignment.
Reissue Application Fee PTO/SB/56............ 12 minutes........... 1,100 220
Transmittal Form.
Request for Ex Parte Reexamination PTO/SB/57............ 2 hours.............. 500 1,000
Transmittal Form.
Request for Inter Partes PTO/SB/58............ 2 hours.............. 100 200
Reexamination Transmittal Form.
Petition to Review Refusal to None................. 1 hour............... 100 100
Grant Ex Parte Reexamination.
Petition to Review Refusal to None................. 1 hour............... 1 1
Grant Inter Partes Reexamination.
Petition to Request Extension of None................. 30 minutes........... 50 25
Time in Ex Parte or Inter Partes
Reexamination.
Issue Fee Transmittal............. PTOL-85B............. 12 minutes........... 154,400 30,880
Issue Fee Transmittal (EFS-Web)... PTOL-85B............. 12 minutes........... 38,600 7,720
�����������������������������������
Totals........................ ..................... ..................... 224,926 68,245
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual Non-hour Respondent Cost Burden:
$273,113,430 per year. There are no capital start-up or maintenance
costs associated with this information collection. However, this
collection does have annual (non-hour) costs in the form of filing
fees, postage costs, and recordkeeping costs.
The total estimated annual filing fees for this collection are
calculated in the accompanying table. The Reissue Application Fee
Transmittal Form includes the fees for the reissue application under 37
CFR 1.16, including the basic filing fee, search fee, and examination
fee. These fees cover all parts of the application, including reissue
documentation, reissue application transmittal, reissue application
declarations, and consent of assignee or statement of non-assignment.
There is no fee for the supplemental declaration for a reissue patent
application to correct an ``errors'' statement.
Additionally, there are several different issue fees under 37 CFR
1.18 depending on the type of patent being issued, whether a
publication fee is required, and whether the inventor is entitled to
the discounted small entity fee. The additional publication fee may not
be owed at the time of patent issue for any of the following reasons:
(1) The application requested non-publication under 35 U.S.C.
122(b)(2)(B)(i); (2) the application will not be published due to
national security concerns as provided in 35 U.S.C. 122(d); (3) the
applicant has paid the publication fee prior to issue due to a request
for early or amended publication under 37 CFR 1.219; or (4) the
application was filed prior to November 29, 2000 and therefore not
subject to eighteen-month publication under 35 U.S.C. 122(b). The USPTO
estimates that the total filing costs associated with this collection
will be $273,013,030 per year.
----------------------------------------------------------------------------------------------------------------
Estimated
Item Form No. annual Fee amount Estimated annual
responses filing costs
----------------------------------------------------------------------------------------------------------------
Certificate of Correction....... PTO/SB/44.................. 25,000 $100.00 $2,500,000.00
Reissue Documentation........... None....................... 1,100 0.00 0.00
Reissue Patent Application PTO/SB/50.................. 1,100 0.00 0.00
Transmittal.
Reissue Application Declaration PTO/SB/51/52............... 1,100 0.00 0.00
by the Inventor or the Assignee.
Supplemental Declaration for PTO/SB/51S................. 700 0.00 0.00
Reissue Patent Application to
Correct ``Errors'' Statement
(37 CFR 1.175).
Reissue Application: Consent of PTO/SB/53.................. 1,075 0.00 0.00
Assignee; Statement of Non-
assignment.
Reissue Application Fee PTO/SB/56.................. 657 1,400.00 919,800.00
Transmittal Form.
Reissue Application Fee PTO/SB/56.................. 443 700.00 310,100.00
Transmittal Form (small entity).
Request for Ex Parte PTO/SB/57.................. 500 2,520.00 1,260,000.00
Reexamination Transmittal Form.
Request for Inter Partes PTO/SB/58.................. 100 8,800.00 880,000.00
Reexamination Transmittal Form.
Petition to Review Refusal to None....................... 100 130.00 13,000.00
Grant Ex Parte Reexamination.
Petition to Review Refusal to None....................... 1 130.00 130.00
Grant Inter Partes
Reexamination.
Petition to Request Extension of None....................... 50 200.00 10,000.00
Time in Ex Parte or Inter
Partes Reexamination.
Issue Fee (utility patent, no PTOL-85B................... 25,000 1,400.00 35,000,000.00
publication fee).
Issue Fee (utility patent, no PTOL-85B................... 9,000 700.00 6,300,000.00
publication fee, small entity).
Issue Fee (utility patent, with PTOL-85B................... 105,000 1,700.00 178,500,000.00
publication fee).
Issue Fee (utility patent, with PTOL-85B................... 36,000 1,000.00 36,000,000.00
publication fee, small entity).
Issue Fee (design patent, no PTOL-85B................... 8,500 800.00 6,800,000.00
publication fee).
[[Page 2871]]
Issue Fee (design patent, no PTOL-85B................... 8,500 400.00 3,400,000.00
publication fee, small entity).
Issue Fee (plant patent, no PTOL-85B................... 120 1,100.00 132,000.00
publication fee).
Issue Fee (plant patent, no PTOL-85B................... 80 550.00 44,000.00
publication fee, small entity).
Issue Fee (plant patent, with PTOL-85B................... 480 1,400.00 672,000.00
publication fee).
Issue Fee (plant patent, with PTOL-85B................... 320 850.00 272,000.00
publication fee, small entity).
���������������������������������
Totals...................... ........................... 224,926 .............. 273,013,030.00
----------------------------------------------------------------------------------------------------------------
Customers may incur postage costs when submitting the information
in this collection to the USPTO by mail. The USPTO estimates that the
average first-class postage cost for a mailed submission will be 52
cents and that up to 186,326 submissions will be mailed to the USPTO
per year. The total estimated postage cost for this collection is
$96,890 per year.
When submitting the electronic version of the Issue Fee
Transmittal, the applicant is strongly urged to retain a copy of the
acknowledgment receipt as evidence that the form 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 acknowledgment
receipt and that 38,600 submissions per year will submit the issue fee
electronically, for a total of approximately 39 hours per year for
printing this receipt. Using the paraprofessional rate of $90 per hour,
the USPTO estimates that the recordkeeping cost associated with this
requirement will be $3,510 per year.
The total non-hour respondent cost burden for this collection in
the form of filing fees, postage costs, and recordkeeping costs is
$273,113,430 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: January 16, 2007.
Susan K. Brown,
Records Officer, USPTO Office of the Chief Information Officer,
Architecture, Engineering and Technical Services, Data Architecture and
Services Division.
[FR Doc. E7-908 Filed 1-22-07; 8:45 am]
BILLING CODE 3510-16-P
