Patent Cooperation Treaty, 54952-54955 [E9-25652]
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54952
Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices
U.S.C. 1801 et seq. The FMP governs the
groundfish fishery off Washington,
Oregon, and California (WOC).
This comprehensive Federal Fisheries
data collection program includes
recordkeeping and reporting
requirements for fish processing vessels
over 125 feet in length (at sea
processors, which includes catcher/
processors and motherships) and
catcher vessels that deliver to
motherships operating in the waters off
WOC. This information is used by the
observers at-sea to obtain fishing effort
information and would also be used to
estimate catch if observer data were not
available (i.e., illness or injury of the
observer) or to verify observer data.
Affected Public: Business or other forprofit organizations.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
OMB Desk Officer: David Rostker,
(202) 395–3897.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 7845, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to David Rostker, OMB Desk
Officer, FAX number (202) 395–7285, or
David_Rostker@omb.eop.gov.
Dated: October 20, 2009.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E9–25593 Filed 10–23–09; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Cooperation Treaty
mstockstill on DSKH9S0YB1PROD with NOTICES
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
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18:14 Oct 23, 2009
Jkt 220001
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 December 28,
2009.
You may submit comments
by any of the following methods:
• E-mail: Susan.Fawcett@uspto.gov.
Include A0651–0021 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, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
• Federal Rulemaking Portal: https://
www.regulations.gov.
ADDRESSES:
international applications filed by
residents and nationals of the United
States. These applicants send most of
their correspondence directly to the
USPTO, but they may also file certain
documents directly with the IB. The
USPTO also serves as an International
Searching Authority (ISA) and an
International Preliminary Examining
Authority (IPEA).
The USPTO is updating this
information collection to reflect the
current practice and fee structure for
PCT applications entering the national
stage at the USPTO. A form is being
added to this collection for the
previously approved information
requirement for the withdrawal of an
international application. This form
(PCT/IB/372) is developed and
maintained by the WIPO.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Rafael Bacares,
Office of PCT Legal Administration,
United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA
22313–1450; by telephone at 571–272–
3276; or by e-mail to
Rafael.Bacares@uspto.gov.
II. Method of Collection
SUPPLEMENTARY INFORMATION:
OMB Number: 0651–0021.
Form Number(s): PCT/RO/101, PCT/
RO/134, PCT/IB/372, PCT/IPEA/401,
PTO–1382, PTO–1390, PTO/SB/61/PCT,
PTO/SB/64/PCT.
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:
363,809 responses per year.
Estimated Time per Response: The
USPTO estimates that it will take the
public from 15 minutes (0.25 hours) to
8 hours to gather the necessary
information, prepare the appropriate
form or documents, and submit the
information to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 341,840 hours per year.
Estimated Total Annual Respondent
Cost Burden: $105,970,400 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 submitting
the information in this collection will be
$105,970,400 per year.
I. Abstract
This collection of information is
required by the provisions of the Patent
Cooperation Treaty (PCT), which
became operational in June 1978 and is
administered by the International
Bureau (IB) of the World Intellectual
Property Organization (WIPO) in
Geneva, Switzerland. The provisions of
the PCT have been implemented by the
United States in Part IV of Title 35 of
the U.S. Code and Subpart C of Title 37
of the Code of Federal Regulations. The
purpose of the PCT is to provide a
standardized filing format and
procedure that allows an applicant to
seek protection for an invention in
several countries by filing one
international application in one
location, in one language, and paying
one initial set of fees.
The information in this collection is
used by the public to submit a patent
application under the PCT and by the
United States Patent and Trademark
Office (USPTO) to fulfill its obligation to
process, search, and examine the
application as directed by the treaty.
The USPTO acts as the United States
Receiving Office (RO/US) for
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By mail, hand delivery, or
electronically to the USPTO. Electronic
submissions are made through EFS–
Web, the USPTO’s online filing system
for patent applications and related
documents.
III. Data
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54953
Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices
Estimated time
for
response
Item
Estimated
annual
responses
Estimated
annual
burden
hours
Request and Fee Calculation Sheet (Annex and Notes) (PCT/RO/101) ...........................................
Description/claims/drawings/abstracts ................................................................................................
Application Data Sheet .......................................................................................................................
Transmittal Letter to the United States Receiving Office (RO/US) (PTO–1382) ...............................
Transmittal Letter to the United States Designated/Elected Office (DO/EO/US) Concerning a Submission Under 35 U.S.C. 371 (PTO–1390).
PCT/Model of Power of Attorney ........................................................................................................
PCT/Model of General Power of Attorney ..........................................................................................
Extensions of time ..............................................................................................................................
Priority documents ..............................................................................................................................
Indications Relating to a Deposited Microorganism (PCT/RO/134) ...................................................
Response to invitation to correct defects ...........................................................................................
Request for rectification of obvious errors ..........................................................................................
Demand and Fee Calculation Sheet (Annex and Notes) (PCT/IPEA/401) ........................................
Amendments .......................................................................................................................................
Fee Authorization ................................................................................................................................
Requests to transmit copies of international application ....................................................................
Withdrawal of international application (PCT/IB/372) .........................................................................
Translations .........................................................................................................................................
Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unavoidably Under 37 CFR 1.137(a) (PTO/SB/61/PCT).
Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b) (PTO/SB/64/PCT).
Petitions to the Commissioner for international applications ..............................................................
Petitions to the Commissioner in national stage examination ............................................................
Acceptance of an unintentionally delayed claim for priority ...............................................................
Request for the restoration of the right of priority (37 CFR 1.78) ......................................................
1 hour .............
3 hours ...........
23 minutes .....
15 minutes .....
15 minutes .....
53,527
53,527
39,592
48,174
58,794
53,527
160,581
15,045
12,044
14,699
15 minutes .....
15 minutes .....
15 minutes .....
15 minutes .....
15 minutes .....
2 hours ...........
30 minutes .....
1 hour .............
1 hour .............
15 minutes .....
15 minutes .....
15 minutes .....
2 hours ...........
8 hours ...........
5,353
536
21,000
20
20
18,524
589
3,365
3,365
48,174
501
1,306
1,655
55
1,338
134
5,250
5
5
37,048
295
3,365
3,365
12,044
125
327
3,310
440
1 hour .............
1,027
1,027
4
4
2
3
...........
...........
...........
...........
581
3,287
117
720
2,324
13,148
234
2,160
Totals ...........................................................................................................................................
........................
363,809
341,840
mstockstill on DSKH9S0YB1PROD with NOTICES
Estimated Total Annual Non-hour
Respondent Cost Burden: $282,024,234
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 translations,
drawings, fees, recordkeeping costs, and
postage costs.
Under the terms of the PCT, the
USPTO may require documents
submitted for a PCT application to be
translated into English when necessary.
This requirement may carry additional
costs for the applicant to contract for a
translation of the documents in
question. The USPTO believes that the
average length of the documents to be
translated will be 10 pages and that it
will cost $150 per page for the
translation, for an average translation
cost of $1,500 per document. The
USPTO estimates that it receives
approximately 1,655 English
translations annually, for a total cost of
$2,482,500 per year for English
translations of non-English language
documents for PCT applications.
Applicants may also incur costs for
drawings that are submitted as part of
PCT applications. Some applicants may
produce their own drawings, while
others may contract out the work to
various patent illustration firms. For the
purpose of estimating burden for this
collection, the USPTO will consider all
applicants to have their drawings
prepared by these firms. The USPTO
estimates that drawings may cost an
average of $58 per sheet to produce and
that on average 11 sheets of drawings
are submitted per application, for an
average total cost of $638 to produce a
set of drawings for an application. The
USPTO expects that approximately 91%
of the estimated 53,527 applications per
year will have drawings filed with them,
for a total of 48,710 sets of drawings at
a total cost of $31,076,980 per year.
Request and Fee Calculation Sheet (Annex and Notes) (PCT/RO/101) ..............................
Description/claims/drawings/abstracts ...................................................................................
Application Data Sheet ..........................................................................................................
Transmittal Letter to the United States Receiving Office (RO/US) (PTO–1382) ..................
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The estimated filing fees for this
collection are calculated in the
accompanying table. The fees listed for
Requests and Demands represent an
estimate of the average fees for filing the
appropriate items associated with those
requirements for an international
application. The basic national fee
under 37 CFR 1.492(a) for an
international application entering the
national stage is fixed at $330 ($165 for
small entities). The search and
examination fees under 37 CFR
1.492(b)–(c) vary depending on the
outcome of the written opinion
prepared by the ISA/US, the
international preliminary examination
report prepared by the IPEA/US, and
other related factors as noted in the
accompanying table. The basic national
fee, search fee, examination fee, and the
fees for petitions to revive unavoidably
or unintentionally abandoned
international applications are
discounted for small entities.
Estimated
annual
responses
Item
VerDate Nov<24>2008
hours
hours
hours
hours
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Fee amount
53,527
53,527
39,592
48,174
E:\FR\FM\26OCN1.SGM
26OCN1
$3,504.00
0.00
0.00
0.00
Estimated
annual
filing costs
$187,558,608.00
0.00
0.00
0.00
54954
Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices
Estimated
annual
responses
Item
Transmittal Letter to the United States Designated/Elected Office (DO/EO/US) (PTO–
1390)—U.S. was the ISA or IPEA and all claims satisfy PCT Article 33(1)–(4); includes
$330 basic fee, $0 search fee, and $0 examination fee ...................................................
Transmittal Letter to the DO/EO/US (PTO–1390)—U.S. was the ISA or IPEA and all
claims satisfy PCT Article 33(1)–(4); includes $165 basic fee, $0 search fee, and $0
examination fee for small entity .........................................................................................
Transmittal Letter to the DO/EO/US (PTO–1390)—U.S. was the ISA; includes $330 basic
fee, $100 search fee, and $220 examination fee ..............................................................
Transmittal Letter to the DO/EO/US (PTO–1390)—U.S. was the ISA; includes $165 basic
fee, $50 search fee, and $110 examination fee for small entity .......................................
Transmittal Letter to the DO/EO/US (PTO–1390)—International search report prepared
by other than the U.S. and provided to the USPTO or previously communicated to the
U.S. by the IB; includes $330 basic fee, $430 search fee, and $220 examination fee ....
Transmittal Letter to the DO/EO/US (PTO–1390)—International search report prepared
by other than the U.S. and provided to the USPTO or previously communicated to the
U.S. by the IB; includes $165 basic fee, $215 search fee, and $110 examination fee for
small entity .........................................................................................................................
Transmittal Letter to the DO/EO/US (PTO–1390)—All other situations; includes $330
basic fee, $540 search fee, and $220 examination fee ....................................................
Transmittal Letter to the DO/EO/US (PTO–1390)—All other situations; includes $165
basic fee, $270 search fee, and $110 examination fee for small entity ...........................
PCT/Model of Power of Attorney ...........................................................................................
PCT/Model of General Power of Attorney .............................................................................
Extensions of time .................................................................................................................
Priority documents .................................................................................................................
Indications Relating to a Deposited Microorganism (PCT/RO/134) ......................................
Response to invitation to correct defects ..............................................................................
Request for rectification of obvious errors ............................................................................
Demand and Fee Calculation Sheet (Annex and Notes) (PCT/IPEA/401) ...........................
Amendments ..........................................................................................................................
Fee Authorization ...................................................................................................................
Requests to transmit copies of international application .......................................................
Withdrawal of international application (PCT/IB/372) ............................................................
Translations ...........................................................................................................................
Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unavoidably Under 37 CFR 1.137(a) (PTO/SB/61/PCT) .......................................
Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unavoidably Under 37 CFR 1.137(a) (PTO/SB/61/PCT)—small entity .................
Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b) (PTO/SB/64/PCT) ...................................
Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b) (PTO/SB/64/PCT)—small entity .............
Petitions to the Commissioner for international applications ................................................
Petitions to the Commissioner in national stage examination ..............................................
Acceptance of an unintentionally delayed claim for priority ..................................................
Request for the restoration of the right of priority (37 CFR 1.78) .........................................
mstockstill on DSKH9S0YB1PROD with NOTICES
Totals ..............................................................................................................................
In addition to the filing fees listed in
the table, applicants may also incur fees
for late filings, multiple dependent
claims, and lengthy applications. The
fee for the late filing of search or
examination fees under 37 CFR 1.492(h)
is $130 for large entities and $65 for
small entities. The USPTO estimates
that it will receive approximately 20,053
of these late payment fees for large
entities and 7,632 for small entities per
year, for a total of $3,102,970. The fee
for the late filing of an English
translation of an international
application under 37 CFR 1.492(i) is
$130. The USPTO estimates that it will
receive approximately 116 of these late
translation fees per year, for a total of
$15,080. The fee for applications
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containing a multiple dependent claim
is $390 for large entities and $195 for
small entities. The USPTO estimates
that it will receive approximately 3,530
of these multiple dependent claim fees
for large entities and 1,158 for small
entities per year, for a total of
$1,602,510. Applications with
specifications and drawings that exceed
100 pages may be subject to an
application size fee of $270 ($135 for
small entities) for each additional 50
pages or fraction thereof. The USPTO
estimates that it will receive
approximately 2,205 of the $270 size
fees from large entities and
approximately 621 of the $135 size fees
from small entities per year, for a total
of $679,185. The total estimated fees for
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Fee amount
Estimated
annual
filing costs
808
330.00
266,640.00
202
165.00
33,330.00
1,935
650.00
1,257,750.00
2,604
325.00
846,300.00
40,994
980.00
40,174,120.00
9,667
490.00
4,736,830.00
1,669
1,090.00
1,819,210.00
915
5,353
536
21,000
20
20
18,524
589
3,365
3,365
48,174
501
1,306
1,655
545.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
771.00
0.00
0.00
0.00
0.00
0.00
498,675.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
2,594,415.00
0.00
0.00
0.00
0.00
0.00
25
540.00
13,500.00
30
270.00
8,100.00
565
1,620.00
915,300.00
462
581
3,287
117
720
810.00
130.00
200.00
1,410.00
1,410.00
374,220.00
75,530.00
657,400.00
164,970.00
1,015,200.00
363,809
........................
243,010,098.00
this collection, including filing fees and
other additional fees, will be
approximately $248,409,843 per year.
There are recordkeeping costs
associated with filing PCT submissions
online using EFS-Web. The USPTO
recommends that customers print and
retain a copy of the acknowledgment
receipt after a successful online
submission. The USPTO estimates that
it will take five seconds (0.001 hours) to
print a copy of the acknowledgment
receipt and that approximately 309,238
PCT-related items per year will be
submitted via EFS-Web, for a total of
approximately 309 hours per year for
printing this receipt. The USPTO
expects that these receipts will be
printed by paraprofessionals at an
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Federal Register / Vol. 74, No. 205 / Monday, October 26, 2009 / Notices
estimated rate of $100 per hour, for an
estimated recordkeeping cost of $30,900
per year.
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 44 cents and that up
to 54,571 submissions will be mailed to
the USPTO per year. The total estimated
postage cost for this collection is
$24,011 per year.
The total annual (non-hour)
respondent cost burden for this
collection associated with translations,
drawings, fees, recordkeeping, and
postage is estimated to be $282,024,234
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 20, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. E9–25652 Filed 10–23–09; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
mstockstill on DSKH9S0YB1PROD with NOTICES
Customer Input: United States Patent
and Trademark Office Customer
Surveys
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 this extension of a
VerDate Nov<24>2008
15:19 Oct 23, 2009
Jkt 220001
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 December 28,
2009.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: Susan.Fawcett@uspto.gov.
Include ‘‘0651–0038 Customer Input:
United States Patent and Trademark
Office Customer Surveys 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, Information Management
Services, Data Management Division,
U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313–1450.
• Federal e-Rulemaking Portal:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to the attention of
Martin Rater, Management Analyst,
Office of Patent Quality Assurance,
United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA
22313–1450; by telephone at 571–272–
5966; or by e-mail at
martin.rater@uspto.gov with
‘‘Paperwork’’ in the subject line.
SUPPLEMENTARY INFORMATION:
I. Abstract
This is a generic clearance for an
undefined number of voluntary surveys
that the United States Patent and
Trademark Office (USPTO) may conduct
over the next three years. The USPTO
uses telephone surveys, questionnaires,
and customer surveys to collect
feedback from their customers.
With the exception of the telephone
surveys, the surveys are mailed to the
USPTO’s customers. The USPTO
provides the option for customers to
respond to the questionnaires and
surveys electronically. Although the
USPTO is moving to an electronic
environment and would prefer to
administer the questionnaires and
customer surveys wholly via the Web to
coincide with other e-government
initiatives, the USPTO’s customers have
requested that the surveys be made
available in paper format as well since
many of them only find the time to
complete the surveys during their
commutes, on planes, etc., where they
do not have Internet access.
Consequently, the surveys are primarily
answered in the paper format.
Customers either access the survey in
question through the USPTO’s Web site
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54955
or through the Web sites of the USPTO’s
survey contractors. Instructions for
using the online surveys are provided in
the cover letter that accompanies the
survey. The cover letter also contains
the username and password required to
enter the survey site and the access code
to activate the survey. The electronic
version of the survey mirrors the paper
version.
The surveys in this collection are
designed to obtain customer feedback
regarding products, services, and related
service standards of the USPTO. At this
time, the USPTO is unable to state
precisely which survey vehicles will be
used during the renewal period. As the
USPTO’s survey needs are determined,
the USPTO will submit the specific
survey instrument for approval.
II. Method of Collection
These surveys will either be
conducted by telephone, mailed to the
USPTO in a pre-addressed, self-stamped
envelope, or completed electronically. A
random sample is used to collect the
data. Statistical methods will be
followed.
III. Data
OMB Number: 0651–0038.
Form Number(s): N/A.
Type of Review: Extension of a
currently approved collection.
Affected Public: Business or other for
profits.
Estimated Number of Respondents:
1,900 responses per year.
Estimated Time per Response: The
USPTO estimates that it will take the
public approximately 15 minutes (0.25
hours) to complete the telephone
surveys and 5 minutes (.08 hours) to
complete the questionnaires and
customer surveys, whether they are
mailed to the USPTO or submitted
electronically. This includes the time to
gather the necessary information,
complete the surveys, and submit them
to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 220 hours.
Estimated Total Annual Respondent
Cost Burden: $57,420. The USPTO
believes that both professionals and
paraprofessionals will complete these
surveys, at a rate of 76% of the current
professional rate of $310 ($236) per hour
and 25% of the paraprofessional rate of
$100 ($25) per hour. Using a
combination of these rates, the USPTO
is using an hourly rate of $261 to
calculate the respondent costs. The
USPTO estimates that the respondent
cost burden for this collection will be
$57,420 per year.
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]]>Agencies
[Federal Register Volume 74, Number 205 (Monday, October 26, 2009)]
[Notices]
[Pages 54952-54955]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25652]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Cooperation Treaty
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 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 December 28,
2009.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: Susan.Fawcett@uspto.gov. Include A0651-0021
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, 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 Rafael Bacares, Office of PCT Legal
Administration, United States Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450; by telephone at 571-272-3276; or by e-
mail to Rafael.Bacares@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This collection of information is required by the provisions of the
Patent Cooperation Treaty (PCT), which became operational in June 1978
and is administered by the International Bureau (IB) of the World
Intellectual Property Organization (WIPO) in Geneva, Switzerland. The
provisions of the PCT have been implemented by the United States in
Part IV of Title 35 of the U.S. Code and Subpart C of Title 37 of the
Code of Federal Regulations. The purpose of the PCT is to provide a
standardized filing format and procedure that allows an applicant to
seek protection for an invention in several countries by filing one
international application in one location, in one language, and paying
one initial set of fees.
The information in this collection is used by the public to submit
a patent application under the PCT and by the United States Patent and
Trademark Office (USPTO) to fulfill its obligation to process, search,
and examine the application as directed by the treaty. The USPTO acts
as the United States Receiving Office (RO/US) for international
applications filed by residents and nationals of the United States.
These applicants send most of their correspondence directly to the
USPTO, but they may also file certain documents directly with the IB.
The USPTO also serves as an International Searching Authority (ISA) and
an International Preliminary Examining Authority (IPEA).
The USPTO is updating this information collection to reflect the
current practice and fee structure for PCT applications entering the
national stage at the USPTO. A form is being added to this collection
for the previously approved information requirement for the withdrawal
of an international application. This form (PCT/IB/372) is developed
and maintained by the WIPO.
II. Method of Collection
By mail, hand delivery, or electronically to the USPTO. Electronic
submissions are made through EFS-Web, the USPTO's online filing system
for patent applications and related documents.
III. Data
OMB Number: 0651-0021.
Form Number(s): PCT/RO/101, PCT/RO/134, PCT/IB/372, PCT/IPEA/401,
PTO-1382, PTO-1390, PTO/SB/61/PCT, PTO/SB/64/PCT.
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: 363,809 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public from 15 minutes (0.25 hours) to 8 hours to gather the
necessary information, prepare the appropriate form or documents, and
submit the information to the USPTO.
Estimated Total Annual Respondent Burden Hours: 341,840 hours per
year.
Estimated Total Annual Respondent Cost Burden: $105,970,400 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 submitting the information in this collection will be
$105,970,400 per year.
[[Page 54953]]
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Estimated
Estimated annual
Item Estimated time for response annual burden
responses hours
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Request and Fee Calculation Sheet (Annex and 1 hour............................... 53,527 53,527
Notes) (PCT/RO/101).
Description/claims/drawings/abstracts.......... 3 hours.............................. 53,527 160,581
Application Data Sheet......................... 23 minutes........................... 39,592 15,045
Transmittal Letter to the United States 15 minutes........................... 48,174 12,044
Receiving Office (RO/US) (PTO-1382).
Transmittal Letter to the United States 15 minutes........................... 58,794 14,699
Designated/Elected Office (DO/EO/US)
Concerning a Submission Under 35 U.S.C. 371
(PTO-1390).
PCT/Model of Power of Attorney................. 15 minutes........................... 5,353 1,338
PCT/Model of General Power of Attorney......... 15 minutes........................... 536 134
Extensions of time............................. 15 minutes........................... 21,000 5,250
Priority documents............................. 15 minutes........................... 20 5
Indications Relating to a Deposited 15 minutes........................... 20 5
Microorganism (PCT/RO/134).
Response to invitation to correct defects...... 2 hours.............................. 18,524 37,048
Request for rectification of obvious errors.... 30 minutes........................... 589 295
Demand and Fee Calculation Sheet (Annex and 1 hour............................... 3,365 3,365
Notes) (PCT/IPEA/401).
Amendments..................................... 1 hour............................... 3,365 3,365
Fee Authorization.............................. 15 minutes........................... 48,174 12,044
Requests to transmit copies of international 15 minutes........................... 501 125
application.
Withdrawal of international application (PCT/IB/ 15 minutes........................... 1,306 327
372).
Translations................................... 2 hours.............................. 1,655 3,310
Petition for Revival of an International 8 hours.............................. 55 440
Application for Patent Designating the U.S.
Abandoned Unavoidably Under 37 CFR 1.137(a)
(PTO/SB/61/PCT).
Petition for Revival of an International 1 hour............................... 1,027 1,027
Application for Patent Designating the U.S.
Abandoned Unintentionally Under 37 CFR
1.137(b) (PTO/SB/64/PCT).
Petitions to the Commissioner for international 4 hours.............................. 581 2,324
applications.
Petitions to the Commissioner in national stage 4 hours.............................. 3,287 13,148
examination.
Acceptance of an unintentionally delayed claim 2 hours.............................. 117 234
for priority.
Request for the restoration of the right of 3 hours.............................. 720 2,160
priority (37 CFR 1.78).
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Totals..................................... ..................................... 363,809 341,840
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Estimated Total Annual Non-hour Respondent Cost Burden:
$282,024,234 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
translations, drawings, fees, recordkeeping costs, and postage costs.
Under the terms of the PCT, the USPTO may require documents
submitted for a PCT application to be translated into English when
necessary. This requirement may carry additional costs for the
applicant to contract for a translation of the documents in question.
The USPTO believes that the average length of the documents to be
translated will be 10 pages and that it will cost $150 per page for the
translation, for an average translation cost of $1,500 per document.
The USPTO estimates that it receives approximately 1,655 English
translations annually, for a total cost of $2,482,500 per year for
English translations of non-English language documents for PCT
applications.
Applicants may also incur costs for drawings that are submitted as
part of PCT applications. Some applicants may produce their own
drawings, while others may contract out the work to various patent
illustration firms. For the purpose of estimating burden for this
collection, the USPTO will consider all applicants to have their
drawings prepared by these firms. The USPTO estimates that drawings may
cost an average of $58 per sheet to produce and that on average 11
sheets of drawings are submitted per application, for an average total
cost of $638 to produce a set of drawings for an application. The USPTO
expects that approximately 91% of the estimated 53,527 applications per
year will have drawings filed with them, for a total of 48,710 sets of
drawings at a total cost of $31,076,980 per year.
The estimated filing fees for this collection are calculated in the
accompanying table. The fees listed for Requests and Demands represent
an estimate of the average fees for filing the appropriate items
associated with those requirements for an international application.
The basic national fee under 37 CFR 1.492(a) for an international
application entering the national stage is fixed at $330 ($165 for
small entities). The search and examination fees under 37 CFR 1.492(b)-
(c) vary depending on the outcome of the written opinion prepared by
the ISA/US, the international preliminary examination report prepared
by the IPEA/US, and other related factors as noted in the accompanying
table. The basic national fee, search fee, examination fee, and the
fees for petitions to revive unavoidably or unintentionally abandoned
international applications are discounted for small entities.
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Estimated
Item annual Fee amount Estimated annual
responses filing costs
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Request and Fee Calculation Sheet (Annex and Notes) (PCT/RO/ 53,527 $3,504.00 $187,558,608.00
101)........................................................
Description/claims/drawings/abstracts........................ 53,527 0.00 0.00
Application Data Sheet....................................... 39,592 0.00 0.00
Transmittal Letter to the United States Receiving Office (RO/ 48,174 0.00 0.00
US) (PTO-1382)..............................................
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Transmittal Letter to the United States Designated/Elected 808 330.00 266,640.00
Office (DO/EO/US) (PTO-1390)--U.S. was the ISA or IPEA and
all claims satisfy PCT Article 33(1)-(4); includes $330
basic fee, $0 search fee, and $0 examination fee............
Transmittal Letter to the DO/EO/US (PTO-1390)--U.S. was the 202 165.00 33,330.00
ISA or IPEA and all claims satisfy PCT Article 33(1)-(4);
includes $165 basic fee, $0 search fee, and $0 examination
fee for small entity........................................
Transmittal Letter to the DO/EO/US (PTO-1390)--U.S. was the 1,935 650.00 1,257,750.00
ISA; includes $330 basic fee, $100 search fee, and $220
examination fee.............................................
Transmittal Letter to the DO/EO/US (PTO-1390)--U.S. was the 2,604 325.00 846,300.00
ISA; includes $165 basic fee, $50 search fee, and $110
examination fee for small entity............................
Transmittal Letter to the DO/EO/US (PTO-1390)--International 40,994 980.00 40,174,120.00
search report prepared by other than the U.S. and provided
to the USPTO or previously communicated to the U.S. by the
IB; includes $330 basic fee, $430 search fee, and $220
examination fee.............................................
Transmittal Letter to the DO/EO/US (PTO-1390)--International 9,667 490.00 4,736,830.00
search report prepared by other than the U.S. and provided
to the USPTO or previously communicated to the U.S. by the
IB; includes $165 basic fee, $215 search fee, and $110
examination fee for small entity............................
Transmittal Letter to the DO/EO/US (PTO-1390)--All other 1,669 1,090.00 1,819,210.00
situations; includes $330 basic fee, $540 search fee, and
$220 examination fee........................................
Transmittal Letter to the DO/EO/US (PTO-1390)--All other 915 545.00 498,675.00
situations; includes $165 basic fee, $270 search fee, and
$110 examination fee for small entity.......................
PCT/Model of Power of Attorney............................... 5,353 0.00 0.00
PCT/Model of General Power of Attorney....................... 536 0.00 0.00
Extensions of time........................................... 21,000 0.00 0.00
Priority documents........................................... 20 0.00 0.00
Indications Relating to a Deposited Microorganism (PCT/RO/ 20 0.00 0.00
134)........................................................
Response to invitation to correct defects.................... 18,524 0.00 0.00
Request for rectification of obvious errors.................. 589 0.00 0.00
Demand and Fee Calculation Sheet (Annex and Notes) (PCT/IPEA/ 3,365 771.00 2,594,415.00
401)........................................................
Amendments................................................... 3,365 0.00 0.00
Fee Authorization............................................ 48,174 0.00 0.00
Requests to transmit copies of international application..... 501 0.00 0.00
Withdrawal of international application (PCT/IB/372)......... 1,306 0.00 0.00
Translations................................................. 1,655 0.00 0.00
Petition for Revival of an International Application for 25 540.00 13,500.00
Patent Designating the U.S. Abandoned Unavoidably Under 37
CFR 1.137(a) (PTO/SB/61/PCT)................................
Petition for Revival of an International Application for 30 270.00 8,100.00
Patent Designating the U.S. Abandoned Unavoidably Under 37
CFR 1.137(a) (PTO/SB/61/PCT)--small entity..................
Petition for Revival of an International Application for 565 1,620.00 915,300.00
Patent Designating the U.S. Abandoned Unintentionally Under
37 CFR 1.137(b) (PTO/SB/64/PCT).............................
Petition for Revival of an International Application for 462 810.00 374,220.00
Patent Designating the U.S. Abandoned Unintentionally Under
37 CFR 1.137(b) (PTO/SB/64/PCT)--small entity...............
Petitions to the Commissioner for international applications. 581 130.00 75,530.00
Petitions to the Commissioner in national stage examination.. 3,287 200.00 657,400.00
Acceptance of an unintentionally delayed claim for priority.. 117 1,410.00 164,970.00
Request for the restoration of the right of priority (37 CFR 720 1,410.00 1,015,200.00
1.78).......................................................
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Totals................................................... 363,809 .............. 243,010,098.00
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In addition to the filing fees listed in the table, applicants may
also incur fees for late filings, multiple dependent claims, and
lengthy applications. The fee for the late filing of search or
examination fees under 37 CFR 1.492(h) is $130 for large entities and
$65 for small entities. The USPTO estimates that it will receive
approximately 20,053 of these late payment fees for large entities and
7,632 for small entities per year, for a total of $3,102,970. The fee
for the late filing of an English translation of an international
application under 37 CFR 1.492(i) is $130. The USPTO estimates that it
will receive approximately 116 of these late translation fees per year,
for a total of $15,080. The fee for applications containing a multiple
dependent claim is $390 for large entities and $195 for small entities.
The USPTO estimates that it will receive approximately 3,530 of these
multiple dependent claim fees for large entities and 1,158 for small
entities per year, for a total of $1,602,510. Applications with
specifications and drawings that exceed 100 pages may be subject to an
application size fee of $270 ($135 for small entities) for each
additional 50 pages or fraction thereof. The USPTO estimates that it
will receive approximately 2,205 of the $270 size fees from large
entities and approximately 621 of the $135 size fees from small
entities per year, for a total of $679,185. The total estimated fees
for this collection, including filing fees and other additional fees,
will be approximately $248,409,843 per year.
There are recordkeeping costs associated with filing PCT
submissions online using EFS-Web. The USPTO recommends that customers
print and retain a copy of the acknowledgment receipt after a
successful online submission. The USPTO estimates that it will take
five seconds (0.001 hours) to print a copy of the acknowledgment
receipt and that approximately 309,238 PCT-related items per year will
be submitted via EFS-Web, for a total of approximately 309 hours per
year for printing this receipt. The USPTO expects that these receipts
will be printed by paraprofessionals at an
[[Page 54955]]
estimated rate of $100 per hour, for an estimated recordkeeping cost of
$30,900 per year.
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 44
cents and that up to 54,571 submissions will be mailed to the USPTO per
year. The total estimated postage cost for this collection is $24,011
per year.
The total annual (non-hour) respondent cost burden for this
collection associated with translations, drawings, fees, recordkeeping,
and postage is estimated to be $282,024,234 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 20, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. E9-25652 Filed 10-23-09; 8:45 am]
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