Patent Reexaminations, 39916-39918 [E9-19027]
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39916
Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices
DEPARTMENT OF AGRICULTURE
DEPARTMENT OF COMMERCE
Natural Resources Conservation
Service
Patent and Trademark Office
Patent Reexaminations
Notice of Proposed Change to Section
IV of the Virginia State Technical Guide
AGENCY: Natural Resources
Conservation Service (NRCS), U.S.
Department of Agriculture.
ACTION: Notice of Availability of
proposed changes in the Virginia NRCS
State Technical Guide for review and
comment.
SUMMARY: It has been determined by the
NRCS State Conservationist for Virginia
that changes must be made in the NRCS
State Technical Guide specifically in
practice standards: #356, Dike; #378,
Pond; #402, Dam; #554, Draining Water
Management; #587, Structure for Water
Control; and #606, Subsurface Drain.
These practices will be used to plan and
install conservation practices on
cropland, pastureland, woodland, and
wildlife land.
DATES: Comments will be received for a
30-day period commencing with the
date of this publication.
FOR FURTHER INFORMATION CONTACT:
Inquire in writing to John A. Bricker,
State Conservationist, Natural Resources
Conservation Service (NRCS), 1606
Santa Rosa Road, Suite 209, Richmond,
Virginia 23229–5014; Telephone
number (804) 287–1691; Fax number
(804) 287–1737. Copies of the practice
standards will be made available upon
written request to the address shown
above or on the Virginia NRCS Web site:
https://www.va.nrcs.usda.gov/technical/
draftstandards.html.
Section
343 of the Federal Agriculture
Improvement and Reform Act of 1996
states that revisions made after
enactment of the law to NRCS State
technical guides used to carry out
highly erodible land and wetland
provisions of the law shall be made
available for public review and
comment. For the next 30 days, the
NRCS in Virginia will receive comments
relative to the proposed changes.
Following that period, a determination
will be made by the NRCS in Virginia
regarding disposition of those comments
and a final determination of change will
be made to the subject standards.
rmajette on DSK29S0YB1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Dated: July 21, 2009.
John A. Bricker,
State Conservationist, Natural Resources
Conservation Service, Richmond, Virginia.
[FR Doc. E9–19014 Filed 8–7–09; 8:45 am]
BILLING CODE 3410–16–P
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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 new 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 October 9, 2009.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: Susan.Fawcett@uspto.gov.
Include A0651–00XX Patent
Reexaminations comment@ in the
subject line of the message.
• Fax: 571–273–0112, marked to the
attention of Susan K. Fawcett.
• Mail: Susan K. Fawcett, Records
Officer, Office of the Chief Information
Officer, Administrative Management
Group, 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
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.
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 under Chapter 30 are
substantially ex parte and do not permit
input from third parties. Chapter 31 of
Title 35 U.S.C. provides for inter partes
reexamination allowing third parties to
participate throughout the
reexamination proceeding. If a request
for ex parte or inter partes
PO 00000
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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.
Information requirements related to
patent reexaminations are currently
covered under OMB Control Number
0651–0033, along with other
requirements related to patent issue fees
and reissue applications. The USPTO is
proposing to move the following items
that are under 0651–0033 into a new
information collection for Patent
Reexaminations: Request for Ex Parte
Reexamination Transmittal Form;
Request for Inter Partes Reexamination
Transmittal Form; Petition to Review
the Refusal to Grant Ex Parte
Reexamination; Petition to Review the
Refusal to Grant Inter Partes
Reexamination; and Petition to Request
Extension of Time in Ex Parte or Inter
Partes Reexamination.
The USPTO is also proposing to
include additional items related to
patent reexaminations in this new
information collection: Request for Ex
Parte Reexamination; Request for Inter
Partes Reexamination; Patent Owner’s
37 CFR 1.530 Statement; Third Party
Requester’s 37 CFR 1.535 Reply;
Amendment in Ex Parte or Inter Partes
Reexamination; Third Party Requester’s
37 CFR 1.947 Comments in Inter Partes
Reexamination; Response to Final
Rejection in Ex Parte Reexamination;
Patent Owner’s 37 CFR 1.951 Response
in Inter Partes Reexamination; and
Third Party Requester’s 37 CFR 1.951
Comments in Inter Partes
Reexamination. These additional items
are existing information requirements
that previously were not fully covered
by an information collection and are
now being included in order to more
accurately reflect the burden on the
public for submitting requests related to
patent reexaminations.
The Requests for Ex Parte and Inter
Partes Reexamination are distinct
collections from the Request for Ex
Parte Reexamination Transmittal Form
and the Request for Inter Partes
Reexamination Transmittal Form,
respectively. Whereas the transmittal
forms are used by a requester (patent
owner or third party) as a checklist to
ensure compliance with the
requirements of the statutes and rules
for ex parte and inter partes
reexaminations, the newly added
collections represent the substantive
analysis undertaken by a requester of
reexamination. Thus, the Requests for
Ex Parte and Inter Partes Reexamination
are not new requirements. The other
items being included in this new
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Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices
collection cover additional information
that may be submitted by patent owners
and third party requesters in relation to
a reexamination proceeding. Likewise,
these items are existing requirements
that previously were not fully covered
by an information collection.
The public uses this information
collection 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: 0651–00XX.
Form Number(s): PTO/SB/57 and
PTO/SB/58.
Type of Review: New collection.
Affected Public: Individuals or
households; businesses or other forprofits; and not-for-profit institutions.
Estimated Number of Respondents:
5,124 responses per year.
Estimated Time per Response: The
USPTO estimates that it will take the
public from 18 minutes (0.30 hours) to
90 hours to gather the necessary
information, prepare the appropriate
form or other documents, and submit
the information to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 111,336 hours per year.
Estimated Total Annual Respondent
Cost Burden: $34,514,160 per year. The
USPTO expects that the information in
this collection will be prepared by
attorneys. Using the professional rate of
$310 per hour for attorneys in private
firms, the USPTO estimates that the
respondent cost burden for this
collection will be approximately
$34,514,160 per year.
Estimated
annual
responses
Estimated
annual
burden hours
Item
Estimated time for
response
Request for Ex Parte Reexamination Transmittal Form (PTO/SB/57) ...........
Request for Ex Parte Reexamination .............................................................
Request for Inter Partes Reexamination Transmittal Form (PTO/SB/58) ......
Request for Inter Partes Reexamination ........................................................
Petition to Review Refusal to Grant Ex Parte Reexamination .......................
Petition to Review Refusal to Grant Inter Partes Reexamination ..................
Patent Owner’s 37 CFR 1.530 Statement ......................................................
Third Party Requester’s 37 CFR 1.535 Reply ................................................
Amendment in Ex Parte or Inter Partes Reexamination ................................
Third Party Requester’s 37 CFR 1.947 Comments in Inter Partes Reexamination.
Response to Final Rejection in Ex Parte Reexamination ..............................
Patent Owner’s 37 CFR 1.951 Response in Inter Partes Reexamination .....
Third Party Requester’s 37 CFR 1.951 Comments in Inter Partes Reexamination.
Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination.
18 minutes .............................
40 hours .................................
18 minutes .............................
90 hours .................................
15 hours .................................
25 hours .................................
7 hours ...................................
7 hours ...................................
20 hours .................................
25 hours .................................
845
845
380
380
25
9
105
60
1,165
300
254
33,800
114
34,200
375
225
735
420
23,300
7,500
15 hours .................................
25 hours .................................
25 hours .................................
320
120
95
4,800
3,000
2,375
30 minutes .............................
475
238
Totals ...............................................................................................................
................................................
5,124
111,336
Estimated Total Annual Non-hour
Respondent Cost Burden: $5,577,265
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.
There are filing fees associated with
requests for reexamination and for the
petition to request an extension of time
in a reexamination. The total fees for
Estimated
annual
responses
Item
rmajette on DSK29S0YB1PROD with NOTICES
this collection are calculated in the
accompanying table. The USPTO
estimates that the total fees associated
with this collection will be
approximately $5,568,400 per year.
Fee Amount
Estimated
annual
filing costs
Request for Ex Parte Reexamination Transmittal Form (PTO/SB/57) .................................
Request for Ex Parte Reexamination ....................................................................................
Request for Inter Partes Reexamination Transmittal Form (PTO/SB/58) .............................
Request for Inter Partes Reexamination ...............................................................................
Petition to Review Refusal to Grant Ex Parte Reexamination ..............................................
Petition to Review Refusal to Grant Inter Partes Reexamination .........................................
Patent Owner’s 37 CFR 1.530 Statement .............................................................................
Third Party Requester’s 37 CFR 1.535 Reply ......................................................................
Amendment in Ex Parte or Inter Partes Reexamination .......................................................
Third Party Requester’s 37 CFR 1.947 Comments in Inter Partes Reexamination .............
Response to Final Rejection in Ex Parte Reexamination .....................................................
Patent Owner’s 37 CFR 1.951 Response in Inter Partes Reexamination ............................
Third Party Requester’s 37 CFR 1.951 Comments in Inter Partes Reexamination .............
Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination .............
845
845
380
380
25
9
105
60
1,165
300
320
120
95
475
$2,520.00
0.00
8,800.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
200.00
$2,129,400.00
0.00
3,344,000.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
95,000.00
Totals .....................................................................................................................................
5,124
........................
$5,568,400.00
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Federal Register / Vol. 74, No. 152 / Monday, August 10, 2009 / Notices
There may also be postage costs and
recordkeeping costs associated with this
collection. The USPTO expects that
approximately 50 percent of the
responses for this collection will be
submitted by mail and 50 percent will
be submitted electronically. The USPTO
estimates that the postage cost for a
mailed submission will be from 44 cents
to $4.95, depending on the size of the
submission, and that approximately
2,558 mailed submissions will be
received per year, for a total postage cost
of approximately $8,565 per year.
When submitting the information in
this collection to the USPTO
electronically, the applicant is strongly
urged to retain a copy of the
acknowledgment receipt as evidence
that the submission 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
approximately 2,566 responses per year
will be submitted electronically, for a
total of approximately 3 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 $300
per year.
The total non-hour respondent cost
burden for this collection in the form of
filing fees, postage costs, and
recordkeeping costs is approximately
$5,577,265 per year.
rmajette on DSK29S0YB1PROD 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.
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15:09 Aug 07, 2009
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Dated: August 4, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer, Administrative
Management Group.
[FR Doc. E9–19027 Filed 8–7–09; 8:45 am]
Dated: August 4, 2009.
Gregory Campbell,
Acting Director, Subsidies Enforcement
Office, Import Administration.
[FR Doc. E9–19087 Filed 8–7–09; 8:45 am]
BILLING CODE 3510–DS–P
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
DEPARTMENT OF COMMERCE
International Trade Administration
International Trade Administration
University of Texas at Austin, et al.;
Notice of Consolidated Decision on
Applications for Duty-Free Entry of
Electron Microscopes
This is a decision consolidated
pursuant to Section 6(c) of the
Educational, Scientific, and Cultural
Materials Importation Act of 1966 (Pub.
L. 89–651, as amended by Pub. L. 106–
36; 80 Stat. 897; 15 CFR part 301).
Related records can be viewed between
8:30 a.m. and 5 p.m. in Room 3705, U.S.
Department of Commerce, 14th and
Constitution Avenue, NW., Washington,
DC.
Docket Number: 09–038. Applicant:
University of Texas at Austin, Austin,
TX 78758. Instrument: Electron
Microscope. Manufacturer: FEI
Company, Czech Republic. Intended
Use: See notice at 74 FR 32890, July 9,
2009.
Docket Number: 09–039. Applicant:
National Institutes of Health, Hamilton,
MT 59840. Instrument: Electron
Microscope. Manufacturer: FEI
Company, Czech Republic. Intended
Use: See notice at 74 FR 32890, July 9,
2009.
Docket Number: 09–040. Applicant:
Stanford University, Stanford, CA
94305. Instrument: Electron Microscope.
Manufacturer: FEI Company, the
Netherlands. Intended Use: See notice at
74 FR 32890, July 9, 2009.
Comments: None received. Decision:
Approved. No instrument of equivalent
scientific value to the foreign
instrument, for such purposes as these
instruments are intended to be used,
was being manufactured in the United
States at the time the instruments were
ordered. Reasons: Each foreign
instrument is an electron microscope
and is intended for research or scientific
educational uses requiring an electron
microscope. We know of no electron
microscope, or any other instrument
suited to these purposes, which was
being manufactured in the United States
at the time of order of each instrument.
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National Renewable Energy
Laboratory, et al.; Notice of Decision
on Applications for Duty-Free Entry of
Scientific Instruments
This is a decision pursuant to Section
6(c) of the Educational, Scientific, and
Cultural Materials Importation Act of
1966 (Pub. L. 89–651, as amended by
Pub. L. 106–36; 80 Stat. 897; 15 CFR
part 301). Related records can be viewed
between 8:30 a.m. and 5 p.m. in Room
3705, U.S. Department of Commerce,
14th and Constitution Ave., NW.,
Washington, DC.
Comments: None received. Decision:
Approved. We know of no instruments
of equivalent scientific value to the
foreign instruments described below, for
such purposes as these are intended to
be used, that were being manufactured
in the United States at the time of its
order.
Docket Number: 09–032. Applicant:
National Renewable Energy Laboratory,
Golden, CO 80401. Instrument:
MicroTime 200 Single Molecule
Fluorescence Lifetime Imaging System.
Manufacturer: PicoQuant GmBH,
Germany. Intended Use: See notice at 74
FR 33207, July 10, 2009. Reasons: This
instrument will be used in biomass
characterization. The instrument will be
capable of doing Fluorescence Lifetime
Imaging, measuring Fluorescence
Resonance Energy Transfer and
Fluorescence Correlation Spectroscopy
for single fluorescent molecules. No
domestic sources make devices with
similar capabilities.
Docket Number: 09–034. Applicant:
University of Georgia, Athens, GA
30605. Instrument: Gasification Unit.
Manufacturer: Termoquip Energia
Alternative LTDA, Brazil. Intended Use:
See notice at 74 FR 32207, July 10, 2009.
Reasons: This instrument will be used
to turn biomass into syngas, which is
composed of hydrogen and carbon
monoxide that can be catalytically
upgraded to liquid fuel, chemicals and
energy. No domestic sources make
devices with similar capabilities.
E:\FR\FM\10AUN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 152 (Monday, August 10, 2009)]
[Notices]
[Pages 39916-39918]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19027]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Reexaminations
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 new 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 October 9, 2009.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: Susan.Fawcett@uspto.gov. Include A0651-00XX Patent
Reexaminations comment@ in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan K.
Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, Administrative Management Group, 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 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.
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 under Chapter 30 are
substantially ex parte and do not permit input from third parties.
Chapter 31 of Title 35 U.S.C. provides for inter partes reexamination
allowing third parties to participate throughout the reexamination
proceeding. 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.
Information requirements related to patent reexaminations are
currently covered under OMB Control Number 0651-0033, along with other
requirements related to patent issue fees and reissue applications. The
USPTO is proposing to move the following items that are under 0651-0033
into a new information collection for Patent Reexaminations: Request
for Ex Parte Reexamination Transmittal Form; Request for Inter Partes
Reexamination Transmittal Form; Petition to Review the Refusal to Grant
Ex Parte Reexamination; Petition to Review the Refusal to Grant Inter
Partes Reexamination; and Petition to Request Extension of Time in Ex
Parte or Inter Partes Reexamination.
The USPTO is also proposing to include additional items related to
patent reexaminations in this new information collection: Request for
Ex Parte Reexamination; Request for Inter Partes Reexamination; Patent
Owner's 37 CFR 1.530 Statement; Third Party Requester's 37 CFR 1.535
Reply; Amendment in Ex Parte or Inter Partes Reexamination; Third Party
Requester's 37 CFR 1.947 Comments in Inter Partes Reexamination;
Response to Final Rejection in Ex Parte Reexamination; Patent Owner's
37 CFR 1.951 Response in Inter Partes Reexamination; and Third Party
Requester's 37 CFR 1.951 Comments in Inter Partes Reexamination. These
additional items are existing information requirements that previously
were not fully covered by an information collection and are now being
included in order to more accurately reflect the burden on the public
for submitting requests related to patent reexaminations.
The Requests for Ex Parte and Inter Partes Reexamination are
distinct collections from the Request for Ex Parte Reexamination
Transmittal Form and the Request for Inter Partes Reexamination
Transmittal Form, respectively. Whereas the transmittal forms are used
by a requester (patent owner or third party) as a checklist to ensure
compliance with the requirements of the statutes and rules for ex parte
and inter partes reexaminations, the newly added collections represent
the substantive analysis undertaken by a requester of reexamination.
Thus, the Requests for Ex Parte and Inter Partes Reexamination are not
new requirements. The other items being included in this new
[[Page 39917]]
collection cover additional information that may be submitted by patent
owners and third party requesters in relation to a reexamination
proceeding. Likewise, these items are existing requirements that
previously were not fully covered by an information collection.
The public uses this information collection 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: 0651-00XX.
Form Number(s): PTO/SB/57 and PTO/SB/58.
Type of Review: New collection.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: 5,124 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public from 18 minutes (0.30 hours) to 90 hours to gather the
necessary information, prepare the appropriate form or other documents,
and submit the information to the USPTO.
Estimated Total Annual Respondent Burden Hours: 111,336 hours per
year.
Estimated Total Annual Respondent Cost Burden: $34,514,160 per
year. The USPTO expects that the information in this collection will be
prepared by attorneys. Using the professional rate of $310 per hour for
attorneys in private firms, the USPTO estimates that the respondent
cost burden for this collection will be approximately $34,514,160 per
year.
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
----------------------------------------------------------------------------------------------------------------
Request for Ex Parte Reexamination 18 minutes..................... 845 254
Transmittal Form (PTO/SB/57).
Request for Ex Parte Reexamination........... 40 hours....................... 845 33,800
Request for Inter Partes Reexamination 18 minutes..................... 380 114
Transmittal Form (PTO/SB/58).
Request for Inter Partes Reexamination....... 90 hours....................... 380 34,200
Petition to Review Refusal to Grant Ex Parte 15 hours....................... 25 375
Reexamination.
Petition to Review Refusal to Grant Inter 25 hours....................... 9 225
Partes Reexamination.
Patent Owner's 37 CFR 1.530 Statement........ 7 hours........................ 105 735
Third Party Requester's 37 CFR 1.535 Reply... 7 hours........................ 60 420
Amendment in Ex Parte or Inter Partes 20 hours....................... 1,165 23,300
Reexamination.
Third Party Requester's 37 CFR 1.947 Comments 25 hours....................... 300 7,500
in Inter Partes Reexamination.
Response to Final Rejection in Ex Parte 15 hours....................... 320 4,800
Reexamination.
Patent Owner's 37 CFR 1.951 Response in Inter 25 hours....................... 120 3,000
Partes Reexamination.
Third Party Requester's 37 CFR 1.951 Comments 25 hours....................... 95 2,375
in Inter Partes Reexamination.
Petition to Request Extension of Time in Ex 30 minutes..................... 475 238
Parte or Inter Partes Reexamination.
------------------------------------------------------------------
Totals....................................... ............................... 5,124 111,336
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual Non-hour Respondent Cost Burden: $5,577,265
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.
There are filing fees associated with requests for reexamination
and for the petition to request an extension of time in a
reexamination. The total fees for this collection are calculated in the
accompanying table. The USPTO estimates that the total fees associated
with this collection will be approximately $5,568,400 per year.
----------------------------------------------------------------------------------------------------------------
Estimated
Item annual Fee Amount Estimated annual
responses filing costs
----------------------------------------------------------------------------------------------------------------
Request for Ex Parte Reexamination Transmittal Form (PTO/SB/ 845 $2,520.00 $2,129,400.00
57).........................................................
Request for Ex Parte Reexamination........................... 845 0.00 0.00
Request for Inter Partes Reexamination Transmittal Form (PTO/ 380 8,800.00 3,344,000.00
SB/58)......................................................
Request for Inter Partes Reexamination....................... 380 0.00 0.00
Petition to Review Refusal to Grant Ex Parte Reexamination... 25 0.00 0.00
Petition to Review Refusal to Grant Inter Partes 9 0.00 0.00
Reexamination...............................................
Patent Owner's 37 CFR 1.530 Statement........................ 105 0.00 0.00
Third Party Requester's 37 CFR 1.535 Reply................... 60 0.00 0.00
Amendment in Ex Parte or Inter Partes Reexamination.......... 1,165 0.00 0.00
Third Party Requester's 37 CFR 1.947 Comments in Inter Partes 300 0.00 0.00
Reexamination...............................................
Response to Final Rejection in Ex Parte Reexamination........ 320 0.00 0.00
Patent Owner's 37 CFR 1.951 Response in Inter Partes 120 0.00 0.00
Reexamination...............................................
Third Party Requester's 37 CFR 1.951 Comments in Inter Partes 95 0.00 0.00
Reexamination...............................................
Petition to Request Extension of Time in Ex Parte or Inter 475 200.00 95,000.00
Partes Reexamination........................................
--------------------------------------------------
Totals....................................................... 5,124 .............. $5,568,400.00
----------------------------------------------------------------------------------------------------------------
[[Page 39918]]
There may also be postage costs and recordkeeping costs associated
with this collection. The USPTO expects that approximately 50 percent
of the responses for this collection will be submitted by mail and 50
percent will be submitted electronically. The USPTO estimates that the
postage cost for a mailed submission will be from 44 cents to $4.95,
depending on the size of the submission, and that approximately 2,558
mailed submissions will be received per year, for a total postage cost
of approximately $8,565 per year.
When submitting the information in this collection to the USPTO
electronically, the applicant is strongly urged to retain a copy of the
acknowledgment receipt as evidence that the submission 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 approximately 2,566 responses per year will be
submitted electronically, for a total of approximately 3 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 $300 per year.
The total non-hour respondent cost burden for this collection in
the form of filing fees, postage costs, and recordkeeping costs is
approximately $5,577,265 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: August 4, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer,
Administrative Management Group.
[FR Doc. E9-19027 Filed 8-7-09; 8:45 am]
BILLING CODE 3510-16-P
