Rules for Patent Maintenance Fees, 64601-64604 [E8-25886]
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Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XL52
Fisheries of the South Atlantic;
Southeastern Data, Assessment, and
Review (SEDAR); Atlantic red drum;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR Workshops for
Atlantic red drum.
sroberts on PROD1PC70 with NOTICES
AGENCY:
SUMMARY: The SEDAR assessments of
the Atlantic stock of red drum will
consist of a series of three workshops:
a Data Workshop, an Assessment
Workshop, and a Review Workshop.
This is the eighteenth SEDAR. See
SUPPLEMENTARY INFORMATION.
DATES: The Data Workshop will take
place February 9–13, 2009; the
Assessment Workshop will take place
June 1–5, 2009; the Review Workshop
will take place August 24–28, 2009. See
SUPPLEMENTARY INFORMATION.
ADDRESSES: The Data Workshop will be
held at the Hilton Garden Inn, 5265
International Boulevard, North
Charleston, SC 29418; telephone: (800)
782–9444 or (843) 308–9330. The
Assessment Workshop will be held at
the Hilton Garden Inn, 5265
International Boulevard, North
Charleston, SC 29418; telephone: (800)
782–9444 or (843) 308–9330. The
Review Workshop will be held at the
Doubletree Buckhead, Atlanta, 3342
Peachtree Road, NE, Atlanta, GA 30326;
telephone: (800) 222–8733 or (404) 231–
1234.
FOR FURTHER INFORMATION CONTACT: Dale
Theiling, SEDAR Coordinator, 4055
Faber Place Drive, Suite 201, North
Charleston, SC 29405; telephone: (843)
571–4366.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR includes
three workshops: (1) Data Workshop, (2)
Stock Assessment Workshop and (3)
Review Workshop. The product of the
Data Workshop is a data report which
compiles and evaluates potential
datasets and recommends which
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datasets are appropriate for assessment
analyses. The product of the Stock
Assessment Workshop is a stock
assessment report which describes the
fisheries, evaluates the status of the
stock, estimates biological benchmarks,
projects future population conditions,
and recommends research and
monitoring needs. The assessment is
independently peer reviewed at the
Review Workshop. The product of the
Review Workshop is a Peer Review
Evaluation Report documenting Panel
opinions regarding the strengths and
weaknesses of the stock assessment and
input data. Participants for SEDAR
Workshops are appointed by the Gulf of
Mexico, South Atlantic, and Caribbean
Fishery Management Councils; the
Atlantic and Gulf States Marine
Fisheries Commissions; and NOAA
Fisheries Southeast Regional Office and
Southeast Fisheries Science Center.
Participants include data collectors and
database managers; stock assessment
scientists, biologists, and researchers;
constituency representatives including
fishermen, environmentalists, and
NGO’s; International experts; and staff
of Councils, Commissions, and state and
federal agencies.
SEDAR 18 Workshop Schedule:
February 9–13, 2009; SEDAR 18 Data
Workshop
February 9, 2009: 1 p.m.- 8 p.m.;
February 10–12, 2009: 8 a.m. - 8 p.m.;
February 13, 2009: 8 a.m. - 1 p.m.
An assessment data set and associated
documentation will be developed
during the Data Workshop. Participants
will evaluate all available data and
select appropriate sources for providing
information on life history
characteristics, catch statistics, discard
estimates, length and age composition,
and fishery dependent and fishery
independent measures of stock
abundance.
June 1–5, 2009; SEDAR 18 Assessment
Workshop
64601
assessment approaches, and determine
whether the assessments are adequate
for submission to the review panel.
August 24–28, 2009; SEDAR 18 Review
Workshop
August 24, 2009: 1 p.m. - 8 p.m.; August
25–27, 2009: 8 a.m. - 8 p.m.; August 28,
2009: 8 a.m. - 1 p.m.
The Review Workshop is an
independent peer review of the
assessment developed during the Data
and Assessment Workshops. Workshop
Panelists will review the assessment
and document their comments and
recommendations in a Peer Review
Evaluation Report.
Although non-emergency issues not
contained in this agenda may come
before these groups for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), those
issues may not be the subject of formal
action during these meetings. Actions
will be restricted to those issues
specifically identified in this notice and
any issues arising after publication of
this notice that require emergency
action under Section 305 (c) of the
Magnuson-Stevens Act, provided the
public has been notified of the Council’s
intent to take final action to address the
emergency.
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to the Council office
(see ADDRESSES) at least 10 business
days prior to each workshop.
Dated: October 27, 2008.
Tracey L. Thompson
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–25906 Filed 10–29–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
June 1, 2009: 1 p.m. - 8 p.m.; June 2–
4, 2009: 8 a.m. - 8 p.m.; June 5, 2009:
8 a.m. - 1 p.m.
Patent and Trademark Office
Using datasets provided by the Data
Workshop, participants will develop
population models to evaluate stock
status, estimate population benchmarks
and Sustainable Fisheries Act criteria,
and project future conditions.
Participants will recommend the most
appropriate methods and configurations
for determining stock status and
estimating population parameters.
Participants will prepare a workshop
report, compare and contrast various
ACTION:
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Rules for Patent Maintenance Fees
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,
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Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Notices
sroberts on PROD1PC70 with NOTICES
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)).
DATES: Written comments must be
submitted on or before December 29,
2008.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: Susan.Fawcett@uspto.gov.
Include ‘‘0651–0016 comment’’ in the
subject line of the message.
• Fax: 571–273–0112, marked to the
attention of Susan Fawcett.
• Mail: Susan K. Fawcett, Records
Officer, Office of the Chief Information
Officer, Customer Information Services
Group, Public Information Services
Division, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
• Federal Rulemaking Portal: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Robert A. Clarke,
Director, Office of Patent Legal
Administration, United States Patent
and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–7735; or by e-mail
to Robert.Clarke@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
Under 35 U.S.C. 41 and 37 CFR
1.20(e)–(i) and 1.362–1.378, the United
States Patent and Trademark Office
(USPTO) charges fees for maintaining in
force all utility patents based on
applications filed on or after December
12, 1980. Payment of these maintenance
fees is due at 31⁄2, 71⁄2, and 111⁄2 years
after the date the patent was granted. If
the USPTO does not receive payment of
the appropriate maintenance fee and
any applicable surcharge within a grace
period of six months following each of
the above due dates (at 4, 8, or 12 years
after the date of grant), the patent will
expire at that time. After a patent
expires, it is no longer enforceable.
Maintenance fees are not required for
design or plant patents, or for reissue
patents if the patent being reissued did
not require maintenance fees.
Payments of maintenance fees that are
submitted during the six-month grace
period before patent expiration must
include the appropriate surcharge as
indicated by 37 CFR 1.20(h).
Submissions of maintenance fee
payments and surcharges must include
the relevant patent number and the
corresponding United States application
number in order to identify the correct
patent and ensure proper crediting of
the fee being paid.
If the USPTO refuses to accept and
record a maintenance fee payment that
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was submitted prior to the expiration of
a patent, the patentee may petition the
Director to accept and record the
maintenance fee under 37 CFR 1.377.
This petition must be accompanied by
the fee indicated in 37 CFR 1.17(g),
which may be refunded if it is
determined that the refusal to accept the
maintenance fee was due to an error by
the USPTO.
If a patent has expired due to
nonpayment of a maintenance fee, the
patentee may petition the Director to
accept a delayed payment of the
maintenance fee under 37 CFR 1.378.
The Director may accept the payment of
a maintenance fee after the expiration of
the patent if the petitioner shows to the
satisfaction of the Director that the delay
in payment was unavoidable or
unintentional. Petitions to accept
unavoidably or unintentionally delayed
payment must also be accompanied by
the required maintenance fee and
appropriate surcharge under 37 CFR
1.20(i). If the Director accepts the
maintenance fee payment upon petition,
then the patent is reinstated. If the
USPTO denies a petition to accept
delayed payment of a maintenance fee
in an expired patent, the patentee may
petition the Director to reconsider that
decision under 37 CFR 1.378(e). This
petition must be accompanied by the fee
indicated in 37 CFR 1.17(f), which may
be refunded if it is determined that the
refusal to accept the maintenance fee
was due to an error by the USPTO.
The rules of practice (37 CFR 1.33(d)
and 1.363) permit applicants, patentees,
assignees, or their representatives of
record to specify a ‘‘fee address’’ for
correspondence related to maintenance
fees that is separate from the
correspondence address associated with
a patent or application. A fee address
must be an address that is associated
with a USPTO customer number.
Customer numbers may be requested by
using the Request for Customer Number
form (PTO/SB/125), which is covered
under OMB Control Number 0651–0035
‘‘Representative and Address
Provisions.’’ Maintaining a correct and
updated address is necessary so that feerelated correspondence from the USPTO
will be properly received by the
applicant, patentee, assignee, or
authorized representative. If a separate
fee address is not specified for a patent
or application, the USPTO will direct
fee-related correspondence to the
correspondence address of record.
The USPTO offers forms to assist the
public with providing the information
covered by this collection, including the
information necessary to submit a
patent maintenance fee payment (PTO/
SB/45), to file a petition to accept an
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unavoidably or unintentionally delayed
maintenance fee payment in an expired
patent (PTO/SB/65 and PTO/SB/66),
and to designate or change a fee address
(PTO/SB/47). No forms are provided for
the petitions under 37 CFR 1.377 and
1.378(e).
Customers may submit maintenance
fee payments and surcharges incurred
during the six-month grace period
before patent expiration by using the
Maintenance Fee Transmittal Form or
by paying online through the USPTO
Web site. However, to pay a
maintenance fee after patent expiration,
the maintenance fee payment and the
appropriate surcharge must be filed
together with a petition to accept
unavoidably or unintentionally delayed
payment. The USPTO accepts online
maintenance fee payments by credit
card, electronic funds transfer (EFT), or
deposit account through the USPTO
Web site. Otherwise, non-electronic
payments may be made by check, credit
card, or USPTO deposit account.
Customers may submit the other
forms and petitions in this collection
electronically through EFS–Web, the
USPTO’s online filing system. The
USPTO also offers a special EFS–Web
version of Form PTO/SB/66, which is
used for the automatic processing and
immediate rendering of a decision on a
petition to accept an unintentionally
delayed maintenance fee payment.
II. Method of Collection
By mail, facsimile, hand delivery, or
electronically to the USPTO.
III. Data
OMB Number: 0651–0016.
Form Number(s): PTO/SB/45/47/65/
66.
Type of Review: Revision of a
currently approved collection.
Affected Public: Individuals or
households; businesses or other forprofits; and not-for-profit institutions.
Estimated Number of Respondents:
470,397 responses per year.
Estimated Time per Response: The
USPTO estimates that it will take the
public approximately 20 seconds (0.006
hours) to 8 hours to complete this
information, depending on the form or
petition. This includes time to gather
the necessary information, prepare the
form or petition, and submit the
completed request.
Estimated Total Annual Respondent
Burden Hours: 33,426 hours per year.
Estimated Total Annual Respondent
Cost Burden: $4,632,630 per year. The
USPTO expects that the petitions
included in this collection will be
prepared by attorneys. Using the
professional rate of $310 per hour for
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associate attorneys in private firms, the
USPTO estimates that the respondent
cost burden for submitting these
petitions will be approximately
$1,904,330 per year. The USPTO
expects that the other items in this
collection will be prepared by
paraprofessionals. Using the
paraprofessional rate of $100 per hour,
the USPTO estimates that the
respondent cost burden for submitting
the other items in this collection will be
approximately $2,728,300 per year, for a
total annual respondent cost burden of
approximately $4,632,630.
Estimated
annual responses
Estimated
annual burden
hours
Item
Estimated time for
response
Maintenance Fee Transmittal Transactions (PTO/SB/45) ..................................................
Electronic Maintenance Fee Transactions ..........................................................................
Petition to Accept Unavoidably Delayed Payment of Maintenance Fee in an Expired
Patent (37 CFR 1.378(b)) (PTO/SB/65).
Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired
Patent (37 CFR 1.378(c)) (PTO/SB/66).
Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired
Patent (37 CFR 1.378(c)) (PTO/SB/66)—EFS–Web.
Petition to Review Refusal to Accept Payment of Maintenance Fee Prior to Expiration of
Patent (37 CFR 1.377).
Petition for Reconsideration of Decision on Petition Refusing to Accept Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(e)).
‘‘Fee Address’’ Indication Form (PTO/SB/47) .....................................................................
5 minutes ...............
20 seconds ............
8 hours ...................
204,005
136,003
172
16,320
816
1,376
1 hour ....................
2,351
2,351
1 hour ....................
800
800
4 hours ...................
54
216
8 hours ...................
175
1,400
5 minutes ...............
126,837
10,147
Total .............................................................................................................................
................................
470,397
33,426
Estimated Total Annual Non-hour
Respondent Cost Burden: $614,571,323.
There are no capital start-up costs or
maintenance costs associated with this
information collection. However, this
collection does have annual (non-hour)
costs in the form of filing fees, postage
costs, and recordkeeping costs.
This collection has filing fees in the
form of patent maintenance fees,
surcharges for late payment of
maintenance fees, and petition fees.
Under 37 CFR 1.20(e)–(g), the patent
maintenance fees due at 31⁄2 years, 71⁄2
years, and 111⁄2 years after the date of
grant are $980, $2,480, and $4,110
respectively (discounted to $490,
$1,240, and $2,055 for small entities).
The surcharge under 37 CFR 1.20(h) for
paying a maintenance fee during the sixmonth grace period following the above
intervals is $130 ($65 for small entities).
The surcharge under 37 CFR 1.20(i) for
a petition to accept a maintenance fee
after the six-month grace period for
these intervals has expired is $700
where the delayed payment is shown to
be unavoidable and $1,640 where the
delayed payment is shown to be
unintentional. The filing fee listed in 37
CFR 1.17(g) for a petition to review the
refusal to accept the payment of a
maintenance fee filed prior to the
expiration of a patent is $200. The filing
fee listed in 37 CFR 1.17(f) for a petition
for reconsideration of the decision on a
petition refusing to accept the delayed
payment of a maintenance fee in an
expired patent is $400. The USPTO
estimates that the total filing costs
associated with this collection will be
$614,442,370 per year as calculated in
the accompanying table.
Estimated annual
responses
Fee or surcharge
Amount of fee or
surcharge
Estimated annual
filing costs
114,683
31,479
95,973
23,940
46,752
9,611
7,961
$980.00
490.00
2,480.00
1,240.00
4,110.00
2,055.00
130.00
$112,389,340.00
15,424,710.00
238,013,040.00
29,685,600.00
192,150,720.00
19,750,605.00
1,034,930.00
9,609
65.00
624,585.00
172
700.00
120,400.00
3,151
1,640.00
5,167,640.00
54
200.00
10,800.00
175
126,837
400.00
0.00
70,000.00
0.00
Total ..............................................................................................................
sroberts on PROD1PC70 with NOTICES
Patent maintenance fee at 31⁄2 years ..................................................................
Patent maintenance fee at 31⁄2 years (small entity) ............................................
Patent maintenance fee at 71⁄2 years ..................................................................
Patent maintenance fee at 71⁄2 years (small entity) ............................................
Patent maintenance fee at 111⁄2 years ................................................................
Patent maintenance fee at 111⁄2 years (small entity) ..........................................
Surcharge for paying maintenance fee during the six-month grace period ........
Surcharge for paying maintenance fee during the six-month grace period
(small entity) .....................................................................................................
Petition to Accept Unavoidably Delayed Payment of Maintenance Fee in an
Expired Patent (37 CFR 1.378(b)) ...................................................................
Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an
Expired Patent (37 CFR 1.378(c)) ...................................................................
Petition to Review Refusal to Accept Payment of Maintenance Fee Prior to
Expiration of Patent (37 CFR 1.377) ...............................................................
Petition for Reconsideration of Decision on Petition Refusing to Accept Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(e))
‘‘Fee Address’’ Indication Form ...........................................................................
470,397
................................
614,442,370.00
The public may submit the forms and
petitions in this collection to the
USPTO by mail through the United
States Postal Service. If the submission
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is sent by first-class mail, the public
may also include a signed certification
of the date of mailing in order to receive
credit for timely filing. The USPTO
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estimates that the average first-class
postage cost for a mailed submission
will be 42 cents, and that approximately
255,841 submissions per year may be
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mailed to the USPTO, for a total postage
cost of approximately $107,453 per year.
The recordkeeping costs for this
collection are associated with
submitting maintenance fee payments,
forms, and petitions online through the
USPTO Web site. It is recommended
that customers who submit fee
payments and documents online print
and retain a copy of the
acknowledgment receipt as evidence of
the successful transaction. The USPTO
estimates that it will take 5 seconds
(0.001 hours) to print a copy of the
acknowledgment receipt and that
approximately 214,556 maintenance fee
payments, forms, and petitions will be
submitted online, for a total of 215
hours per year for printing this receipt.
Using the paraprofessional rate of $100
per hour, the USPTO estimates that the
recordkeeping cost associated with this
collection will be approximately
$21,500 per year.
The total non-hour respondent cost
burden for this collection in the form of
filing fees, postage costs, and
recordkeeping costs is estimated to be
$614,571,323 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, 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: October 24, 2008.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer, Customer Information
Services Group, Public Information Services
Division.
[FR Doc. E8–25886 Filed 10–29–08; 8:45 am]
BILLING CODE 3510–16–P
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DEPARTMENT OF DEFENSE
Department of the Navy
Notice of Intent To Prepare an
Environmental Impact Statement for
the Proposed Acquisition of Lands and
Establishment of Airspace Contiguous
to the Marine Corps Air Ground
Combat Center, Twentynine Palms, CA
Department of the Navy, DoD.
Notice.
AGENCY:
ACTION:
SUMMARY: Pursuant to section (102)(2)(c)
of the National Environmental Policy
Act of 1969 (42 U.S.C. 4332(2)(c)), as
implemented by the Council on
Environmental Quality Regulations (40
CFR parts 1500–1508), the Department
of the Navy announces its intent to
prepare an Environmental Impact
Statement (EIS) to study alternatives for
meeting Marine Corps Marine
Expeditionary Brigade (MEB) sustained,
combined arms, live-fire and maneuver
training requirements. The proposed
action is to request the withdrawal of
federal public lands, acquire state and
privately owned lands, and to seek the
establishment of Special Use Airspace
with the effect of expanding the Marine
Corps Air Ground Combat Center
(MCAGCC), Twentynine Palms,
California. The Department of the Navy
will prepare the EIS in cooperation with
the Bureau of Land Management and
Federal Aviation Administration.
DATES: All written, oral, or telephonic
comments regarding the scope of issues
that the Department of the Navy should
consider during EIS preparation must be
received before January 31, 2009. Three
public scoping meetings have been
scheduled and the meeting locations are
as follows:
1. December 3, 2009, 5 p.m. to 9 p.m.,
Twentynine Palms, CA;
2. December 4, 2009, 5 p.m. to 9 p.m.,
Victorville, CA;
3. December 5, 2009, 5 p.m. to 9 p.m.,
Ontario, CA.
ADDRESSES: Written comments or
requests for inclusion on the EIS
mailing list may be submitted to Project
Manager (Attn: Mr. Joseph Ross), Box
788104, Bldg 1554, Rm 138, MAGTFTC/
MCAGCC, Twentynine Palms, CA
92278–8104. Public meeting locations
are as follows:
1. Twentynine Palms Junior High
School, Hay’s Gym, 5798 Utah Trail,
Twentynine Palms, CA;
2. Hilton Garden Inn Victorville,
12603 Mariposa Road, Victorville, CA;
3. Convention Center, 2000 E.
Convention Center Way, Ontario, CA.
FOR FURTHER INFORMATION CONTACT:
Project Manager (Attn: Mr. Joseph Ross),
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Box 788104, Bldg 1554, Rm 138,
MAGTFTC/MCAGCC, Twentynine
Palms, CA 92278–8104; phone: 760–
830–3764; e-mail:
SMBPLMSWEBPAO@usmc.mil.
Each of
the three scoping meetings will consist
of an informal, open house session with
information stations staffed by Marine
Corps representatives. Public comment
forms will be available and gathered at
the information stations, and a
stenographer will be available to take
oral comments for inclusion in the
record. Details of the meeting locations
will be announced in local newspapers.
Additional information concerning
meeting times and the proposed
alternatives will be available on the EIS
Web site located at https://
www.29palms.usmc.mil/las.
The meetings are designed to solicit
input from agencies and the affected
public regarding issues or interests that
should be studied or the reasonable
alternatives that should be considered
for study to meet Marine Corps Marine
Expeditionary Brigade (MEB) sustained,
combined arms, live-fire and maneuver
training requirements. The public is
welcome to comment orally or by
written comment forms at the meeting;
or, by sending a letter to Mr. Joe Ross,
Project Manager, 29Palms Proposed
Training Land/Airspace Acquisition
Project, MAGTFTC/MCAGCC, Bldg
1554, Box 788104, Twentynine Palms,
CA 92278–8104; by an e-mail to
SMBPLMSWEBPAO@usmc.mil; or by
voice mail at 760–830–3764.
The EIS will consider alternatives for
the proposed acquisition of training
land and accompanying Special Use
Airspace sufficient to meet the training
requirements for three MEB battalions,
as a Ground Combat Element, and a
correspondingly sized Air Combat
Element to simultaneously maneuver for
48–72 hours, using combined-arms and
live fire with their supporting Logistics
Combat Element and Command
Element. To meet MEB training
requirements which utilize weapons
systems and platforms currently and
foreseeable in the Marine Corps
inventory, more contiguous military
range land and airspace than is now
available for training anywhere in the
United States would be required.
The requirement for MEB training
reflects a shift in doctrine that emerged
in the 1990s that placed the MEB as the
premier fighting force that would be
deployed to world crises in the
foreseeable future. The Marine Corps
studied locations nationwide that might
meet the training requirements and
concluded that the Southwest Region
SUPPLEMENTARY INFORMATION:
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[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Notices]
[Pages 64601-64604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25886]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Rules for Patent Maintenance Fees
ACTION: Proposed collection; comment request.
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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,
[[Page 64602]]
Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before December 29,
2008.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0016
comment'' in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan
Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, Customer Information Services Group, Public
Information Services Division, United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Federal Rulemaking Portal: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Robert A. Clarke, Director, Office of Patent
Legal Administration, United States Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7735; or
by e-mail to Robert.Clarke@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
Under 35 U.S.C. 41 and 37 CFR 1.20(e)-(i) and 1.362-1.378, the
United States Patent and Trademark Office (USPTO) charges fees for
maintaining in force all utility patents based on applications filed on
or after December 12, 1980. Payment of these maintenance fees is due at
3\1/2\, 7\1/2\, and 11\1/2\ years after the date the patent was
granted. If the USPTO does not receive payment of the appropriate
maintenance fee and any applicable surcharge within a grace period of
six months following each of the above due dates (at 4, 8, or 12 years
after the date of grant), the patent will expire at that time. After a
patent expires, it is no longer enforceable. Maintenance fees are not
required for design or plant patents, or for reissue patents if the
patent being reissued did not require maintenance fees.
Payments of maintenance fees that are submitted during the six-
month grace period before patent expiration must include the
appropriate surcharge as indicated by 37 CFR 1.20(h). Submissions of
maintenance fee payments and surcharges must include the relevant
patent number and the corresponding United States application number in
order to identify the correct patent and ensure proper crediting of the
fee being paid.
If the USPTO refuses to accept and record a maintenance fee payment
that was submitted prior to the expiration of a patent, the patentee
may petition the Director to accept and record the maintenance fee
under 37 CFR 1.377. This petition must be accompanied by the fee
indicated in 37 CFR 1.17(g), which may be refunded if it is determined
that the refusal to accept the maintenance fee was due to an error by
the USPTO.
If a patent has expired due to nonpayment of a maintenance fee, the
patentee may petition the Director to accept a delayed payment of the
maintenance fee under 37 CFR 1.378. The Director may accept the payment
of a maintenance fee after the expiration of the patent if the
petitioner shows to the satisfaction of the Director that the delay in
payment was unavoidable or unintentional. Petitions to accept
unavoidably or unintentionally delayed payment must also be accompanied
by the required maintenance fee and appropriate surcharge under 37 CFR
1.20(i). If the Director accepts the maintenance fee payment upon
petition, then the patent is reinstated. If the USPTO denies a petition
to accept delayed payment of a maintenance fee in an expired patent,
the patentee may petition the Director to reconsider that decision
under 37 CFR 1.378(e). This petition must be accompanied by the fee
indicated in 37 CFR 1.17(f), which may be refunded if it is determined
that the refusal to accept the maintenance fee was due to an error by
the USPTO.
The rules of practice (37 CFR 1.33(d) and 1.363) permit applicants,
patentees, assignees, or their representatives of record to specify a
``fee address'' for correspondence related to maintenance fees that is
separate from the correspondence address associated with a patent or
application. A fee address must be an address that is associated with a
USPTO customer number. Customer numbers may be requested by using the
Request for Customer Number form (PTO/SB/125), which is covered under
OMB Control Number 0651-0035 ``Representative and Address Provisions.''
Maintaining a correct and updated address is necessary so that fee-
related correspondence from the USPTO will be properly received by the
applicant, patentee, assignee, or authorized representative. If a
separate fee address is not specified for a patent or application, the
USPTO will direct fee-related correspondence to the correspondence
address of record.
The USPTO offers forms to assist the public with providing the
information covered by this collection, including the information
necessary to submit a patent maintenance fee payment (PTO/SB/45), to
file a petition to accept an unavoidably or unintentionally delayed
maintenance fee payment in an expired patent (PTO/SB/65 and PTO/SB/66),
and to designate or change a fee address (PTO/SB/47). No forms are
provided for the petitions under 37 CFR 1.377 and 1.378(e).
Customers may submit maintenance fee payments and surcharges
incurred during the six-month grace period before patent expiration by
using the Maintenance Fee Transmittal Form or by paying online through
the USPTO Web site. However, to pay a maintenance fee after patent
expiration, the maintenance fee payment and the appropriate surcharge
must be filed together with a petition to accept unavoidably or
unintentionally delayed payment. The USPTO accepts online maintenance
fee payments by credit card, electronic funds transfer (EFT), or
deposit account through the USPTO Web site. Otherwise, non-electronic
payments may be made by check, credit card, or USPTO deposit account.
Customers may submit the other forms and petitions in this
collection electronically through EFS-Web, the USPTO's online filing
system. The USPTO also offers a special EFS-Web version of Form PTO/SB/
66, which is used for the automatic processing and immediate rendering
of a decision on a petition to accept an unintentionally delayed
maintenance fee payment.
II. Method of Collection
By mail, facsimile, hand delivery, or electronically to the USPTO.
III. Data
OMB Number: 0651-0016.
Form Number(s): PTO/SB/45/47/65/66.
Type of Review: Revision of a currently approved collection.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: 470,397 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public approximately 20 seconds (0.006 hours) to 8 hours to
complete this information, depending on the form or petition. This
includes time to gather the necessary information, prepare the form or
petition, and submit the completed request.
Estimated Total Annual Respondent Burden Hours: 33,426 hours per
year.
Estimated Total Annual Respondent Cost Burden: $4,632,630 per year.
The USPTO expects that the petitions included in this collection will
be prepared by attorneys. Using the professional rate of $310 per hour
for
[[Page 64603]]
associate attorneys in private firms, the USPTO estimates that the
respondent cost burden for submitting these petitions will be
approximately $1,904,330 per year. The USPTO expects that the other
items in this collection will be prepared by paraprofessionals. Using
the paraprofessional rate of $100 per hour, the USPTO estimates that
the respondent cost burden for submitting the other items in this
collection will be approximately $2,728,300 per year, for a total
annual respondent cost burden of approximately $4,632,630.
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Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
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Maintenance Fee Transmittal Transactions 5 minutes............................ 204,005 16,320
(PTO/SB/45).
Electronic Maintenance Fee Transactions.. 20 seconds........................... 136,003 816
Petition to Accept Unavoidably Delayed 8 hours.............................. 172 1,376
Payment of Maintenance Fee in an Expired
Patent (37 CFR 1.378(b)) (PTO/SB/65).
Petition to Accept Unintentionally 1 hour............................... 2,351 2,351
Delayed Payment of Maintenance Fee in an
Expired Patent (37 CFR 1.378(c)) (PTO/SB/
66).
Petition to Accept Unintentionally 1 hour.............................. 800 800
Delayed Payment of Maintenance Fee in an
Expired Patent (37 CFR 1.378(c)) (PTO/SB/
66)--EFS-Web.
Petition to Review Refusal to Accept 4 hours.............................. 54 216
Payment of Maintenance Fee Prior to
Expiration of Patent (37 CFR 1.377).
Petition for Reconsideration of Decision 8 hours.............................. 175 1,400
on Petition Refusing to Accept Delayed
Payment of Maintenance Fee in an Expired
Patent (37 CFR 1.378(e)).
``Fee Address'' Indication Form (PTO/SB/ 5 minutes............................ 126,837 10,147
47).
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Total................................ ..................................... 470,397 33,426
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Estimated Total Annual Non-hour Respondent Cost Burden:
$614,571,323. There are no capital start-up costs or maintenance costs
associated with this information collection. However, this collection
does have annual (non-hour) costs in the form of filing fees, postage
costs, and recordkeeping costs.
This collection has filing fees in the form of patent maintenance
fees, surcharges for late payment of maintenance fees, and petition
fees. Under 37 CFR 1.20(e)-(g), the patent maintenance fees due at 3\1/
2\ years, 7\1/2\ years, and 11\1/2\ years after the date of grant are
$980, $2,480, and $4,110 respectively (discounted to $490, $1,240, and
$2,055 for small entities). The surcharge under 37 CFR 1.20(h) for
paying a maintenance fee during the six-month grace period following
the above intervals is $130 ($65 for small entities). The surcharge
under 37 CFR 1.20(i) for a petition to accept a maintenance fee after
the six-month grace period for these intervals has expired is $700
where the delayed payment is shown to be unavoidable and $1,640 where
the delayed payment is shown to be unintentional. The filing fee listed
in 37 CFR 1.17(g) for a petition to review the refusal to accept the
payment of a maintenance fee filed prior to the expiration of a patent
is $200. The filing fee listed in 37 CFR 1.17(f) for a petition for
reconsideration of the decision on a petition refusing to accept the
delayed payment of a maintenance fee in an expired patent is $400. The
USPTO estimates that the total filing costs associated with this
collection will be $614,442,370 per year as calculated in the
accompanying table.
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Estimated annual Amount of fee or Estimated annual
Fee or surcharge responses surcharge filing costs
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Patent maintenance fee at 3\1/2\ years.............. 114,683 $980.00 $112,389,340.00
Patent maintenance fee at 3\1/2\ years (small 31,479 490.00 15,424,710.00
entity)............................................
Patent maintenance fee at 7\1/2\ years.............. 95,973 2,480.00 238,013,040.00
Patent maintenance fee at 7\1/2\ years (small 23,940 1,240.00 29,685,600.00
entity)............................................
Patent maintenance fee at 11\1/2\ years............. 46,752 4,110.00 192,150,720.00
Patent maintenance fee at 11\1/2\ years (small 9,611 2,055.00 19,750,605.00
entity)............................................
Surcharge for paying maintenance fee during the six- 7,961 130.00 1,034,930.00
month grace period.................................
Surcharge for paying maintenance fee during the six- 9,609 65.00 624,585.00
month grace period (small entity)..................
Petition to Accept Unavoidably Delayed Payment of 172 700.00 120,400.00
Maintenance Fee in an Expired Patent (37 CFR
1.378(b))..........................................
Petition to Accept Unintentionally Delayed Payment 3,151 1,640.00 5,167,640.00
of Maintenance Fee in an Expired Patent (37 CFR
1.378(c))..........................................
Petition to Review Refusal to Accept Payment of 54 200.00 10,800.00
Maintenance Fee Prior to Expiration of Patent (37
CFR 1.377).........................................
Petition for Reconsideration of Decision on Petition 175 400.00 70,000.00
Refusing to Accept Delayed Payment of Maintenance
Fee in an Expired Patent (37 CFR 1.378(e)).........
``Fee Address'' Indication Form..................... 126,837 0.00 0.00
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Total........................................... 470,397 .................. 614,442,370.00
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The public may submit the forms and petitions in this collection to
the USPTO by mail through the United States Postal Service. If the
submission is sent by first-class mail, the public may also include a
signed certification of the date of mailing in order to receive credit
for timely filing. The USPTO estimates that the average first-class
postage cost for a mailed submission will be 42 cents, and that
approximately 255,841 submissions per year may be
[[Page 64604]]
mailed to the USPTO, for a total postage cost of approximately $107,453
per year.
The recordkeeping costs for this collection are associated with
submitting maintenance fee payments, forms, and petitions online
through the USPTO Web site. It is recommended that customers who submit
fee payments and documents online print and retain a copy of the
acknowledgment receipt as evidence of the successful transaction. The
USPTO estimates that it will take 5 seconds (0.001 hours) to print a
copy of the acknowledgment receipt and that approximately 214,556
maintenance fee payments, forms, and petitions will be submitted
online, for a total of 215 hours per year for printing this receipt.
Using the paraprofessional rate of $100 per hour, the USPTO estimates
that the recordkeeping cost associated with this collection will be
approximately $21,500 per year.
The total non-hour respondent cost burden for this collection in
the form of filing fees, postage costs, and recordkeeping costs is
estimated to be $614,571,323 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: October 24, 2008.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer,
Customer Information Services Group, Public Information Services
Division.
[FR Doc. E8-25886 Filed 10-29-08; 8:45 am]
BILLING CODE 3510-16-P
