Patent Term Extension, 20561-20563 [2010-9048]
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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Notices
Done in Washington, DC, this 16th day
of April 2010.
Cindy J. Smith
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2010–9198 Filed 4–16–10; 4:15 pm]
BILLING CODE 3410–34–S
DEPARTMENT OF COMMERCE
erowe on DSK5CLS3C1PROD with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National
Telecommunications and Information
Administration (NTIA).
Title: State Broadband Data and
Development Grant Program.
OMB Control Number: 0660–0032.
Form Number(s): None.
Type of Request: Regular submission
(extension of a currently approved
collection).
Number of Respondents: 56
respondents and 2,000 subrespondents.
Average Hours per Response: 3,120
hours for respondents and 50 hours for
subrespondents.
Burden Hours: 549,440.
Needs and Uses: The State Broadband
Data and Development (SBDD) Grant
Program implements the joint goals of
the American Recovery and
Reinvestment Act of 2009 and the
Broadband Data Improvement Act by
assisting, through grants, states or their
designees in gathering and verifying
state-specific data on the availability,
speed, location, technology and
infrastructure of broadband services.
The data will be used to develop
publicly available state-wide broadband
maps and to help populate the
comprehensive and searchable national
broadband map that NTIA is required
under the Recovery Act to create and
make publicly available by February 17,
2011.
Affected Public: States, Territories
and the District of Columbia, or their
designees. Subrespondents include
facilities-based providers of broadband
connections, incumbent and
competitive local exchange carriers,
facilities-based mobile telephony
service providers, and wireless Internet
service providers.
Frequency: Semi-annually.
Respondent’s Obligation: Required to
retain benefits.
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14:55 Apr 19, 2010
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OMB Desk Officer: Nicholas Fraser,
(202) 395–5887.
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 6625, 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 Nicholas Fraser, OMB Desk
Officer, FAX number (202) 395–5806, or
via the Internet at
Nicholas_A._Fraser@omb.eop.gov.
Dated: April 15, 2010.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2010–9058 Filed 4–19–10; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Term Extension
ACTION: Proposed collection; comment
request.
SUMMARY: The United States Patent and
Trademark Office (USPTO), as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on the continuing information
collection, as required by the Paperwork
Reduction Act of 1995, Public Law 104–
13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be
submitted on or before June 21, 2010.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail:
InformationCollection@uspto.gov.
Include A0651–0020 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, 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 Raul Tamayo,
Legal Advisor, Office of Patent Legal
Administration, United States Patent
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
20561
and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–7728; or by e-mail
to Raul.Tamayo@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Federal Food, Drug, and Cosmetic
Act at 35 U.S.C. 156 permits the United
States Patent and Trademark Office
(USPTO) to restore the patent term lost
due to certain types of regulatory review
by the Federal Food and Drug
Administration or the Department of
Agriculture. Only patents for drug
products, medical devices, food
additives, and color additives are
eligible for extension. The maximum
length that a patent may be extended in
order to restore the lost portion of the
patent term is five years.
The USPTO may in some cases extend
the term of an original patent due to
certain delays in the prosecution of the
patent application, including delays
caused by interference proceedings,
secrecy orders, or appellate review by
the Board of Patent Appeals and
Interferences or a Federal court in
which the patent is issued pursuant to
a decision reversing an adverse
determination of patentability. The
patent term provisions of 35 U.S.C.
154(b), as amended by Title IV, Subtitle
D of the Intellectual Property and
Communications Omnibus Reform Act
of 1999, require the USPTO to notify the
applicant of the patent term adjustment
in the notice of allowance and give the
applicant an opportunity to request
reconsideration of the USPTO’s patent
term adjustment determination.
The USPTO may also reduce the
amount of patent term adjustment
granted if delays were caused by an
applicant’s failure to make a reasonable
effort to respond within three months of
the mailing date of a communication
from the USPTO. Applicants may
petition for reinstatement of a reduction
in patent term adjustment with a
showing that, in spite of all due care,
the applicant was unable to respond to
a communication from the USPTO
within the three month period.
The USPTO administers 35 U.S.C. 154
and 156 through 37 CFR 1.701–1.791.
These rules permit the public to submit
applications to the USPTO to extend the
term of a patent past its original
expiration date, to request interim
extensions and review of final eligibility
decisions, and to withdraw an
application requesting a patent term
extension after it is submitted. Under 35
U.S.C. 156(d), an application for patent
term extension must identify the
approved product, the patent to be
extended, and the claims included in
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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Notices
the patent that cover the approved
product, a method of using the
approved product, or a method of
manufacturing the approved product. In
addition, the application for patent term
extension must provide a brief
description of the activities undertaken
by the applicant during the regulatory
review period with respect to the
approved product and the significant
dates of these activities.
The term of a patent which claims a
product, a method of using a product, or
a method of manufacturing a product
shall be extended if the term of the
patent has not expired before an
application is submitted. The Federal
Food, Drug, and Cosmetic Act requires
that an application for patent term
extension be filed with the USPTO
within 60 days of the product receiving
regulatory approval from the Federal
Food and Drug Administration or the
Department of Agriculture. Under 35
U.S.C. 156(e), an interim extension may
be granted if the term of an eligible
patent for which an application for
patent term extension has been
submitted would expire before a
certificate of extension is issued.
The information in this collection is
used by the USPTO to consider whether
an applicant is eligible for a patent term
extension or reconsideration of a patent
term adjustment and, if so, to determine
the length of the patent term extension
or adjustment.
II. Method of Collection
By mail, facsimile, 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: 0651–0020.
Form Number(s): PTO/SB/131.
Type of Review: Revision of a
currently approved collection.
Affected Public: Businesses or other
for-profits; not-for-profit institutions.
Estimated Number of Respondents:
13,586 responses per year.
Estimated Time per Response: The
USPTO estimates that it will take the
public from 10 minutes (0.17 hours) to
25 hours, depending on the complexity
of the situation, to gather the necessary
information, prepare the appropriate
documents, and submit the information
in this collection to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 7,808 hours.
Estimated Total Annual Respondent
Cost Burden: $2,537,600. The USPTO
expects that the information in this
collection will be prepared by attorneys.
Using the professional rate of $325 per
hour for attorneys in private firms, the
USPTO estimates that the respondent
cost burden for submitting the
information in this collection will be
$2,537,600 per year.
Estimated
time for
response
Item
Estimated
annual
responses
Estimated
annual
burden hours
Application to Extend Patent Term under 35 U.S.C. 156 ........................................................
Request for Interim Extension under 35 U.S.C. 156(e)(2) ......................................................
Petition to Review Final Eligibility Decision under 37 CFR 1.750 ...........................................
Initial Application for Interim Extension under 35 U.S.C. 156(d)(5) ........................................
Subsequent Application for Interim Extension under 37 CFR 1.790 .......................................
Response to Requirement to Elect ..........................................................................................
Response to Request to Identify Holder of Patent Term ........................................................
Declaration to Withdraw an Application to Extend Patent Term .............................................
Petition for Reconsideration of Patent Term Adjustment Determination .................................
Petition for Reinstatement of Reduced Patent Term Adjustment ............................................
Petition to Accord a Filing Date to an Application under 37 CFR 1.740 for Extension of a
Patent Term.
Request for Recalculation of Patent Term Adjustment in View of Wyeth (PTO/SB/131) .......
25 hours ........
1 hour ...........
25 hours ........
20 hours ........
1 hour ...........
1 hour ...........
2 hours ..........
2 hours ..........
3 hours ..........
4 hours ..........
2 hours ..........
40
1
3
3
1
5
1
1
1,500
30
1
1,000
1
75
60
1
5
2
2
4,500
120
2
10 minutes ....
12,000
2,040
Totals .................................................................................................................................
.......................
13,586
7,808
Estimated Total Annual Non-hour
Respondent Cost Burden: $360,416.
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.
This collection has filing fees
associated with the requirements for
Estimated
annual
responses
erowe on DSK5CLS3C1PROD with NOTICES
Item
Application to Extend Patent Term under 35 U.S.C. 156 .....................................................
Request for Interim Extension under 35 U.S.C. 156(e)(2) ....................................................
Petition to Review Final Eligibility Decision under 37 CFR 1.750 ........................................
Initial Application for Interim Extension under 35 U.S.C. 156(d)(5) ......................................
Subsequent Application for Interim Extension under 37 CFR 1.790 ....................................
Response to Requirement to Elect .......................................................................................
Response to Request to Identify Holder of Patent Term ......................................................
Declaration to Withdraw an Application to Extend Patent Term ...........................................
Petition for Reconsideration of Patent Term Adjustment Determination ..............................
Petition for Reinstatement of Reduced Patent Term Adjustment .........................................
Petition to Accord a Filing Date to an Application under 37 CFR 1.740 for Extension of a
Patent Term .......................................................................................................................
Request for Recalculation of Patent Term Adjustment in View of Wyeth (PTO/SB/131) ....
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14:55 Apr 19, 2010
Jkt 220001
PO 00000
patent term extension and patent term
adjustment. The USPTO estimates that
the total filing fees associated with this
collection will be $358,680 per year.
Frm 00008
Fmt 4703
Sfmt 4703
Fee amount
Estimated
annual filing
fees
40
1
3
3
1
5
1
1
1,500
30
$1,120.00
0.00
0.00
420.00
220.00
0.00
0.00
0.00
200.00
400.00
$44,800.00
0.00
0.00
1,260.00
220.00
0.00
0.00
0.00
300,000.00
12,000.00
1
12,000
400.00
0.00
400.00
0.00
E:\FR\FM\20APN1.SGM
20APN1
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Notices
Estimated
annual
responses
Item
Totals ..............................................................................................................................
erowe on DSK5CLS3C1PROD with NOTICES
Customers may incur postage costs
when submitting the information in this
collection to the USPTO by mail. The
USPTO expects that the Application to
Extend Patent Term under 35 U.S.C.
156, the Initial Application for Interim
Extension under 35 U.S.C. 156(d)(5),
and approximately 7% of the other
responses for this collection will be
submitted by mail. The USPTO
estimates that the average first-class
postage cost for these 991 mailed
submissions will be 44 cents each, for
a total estimated postage cost of $436
per year.
When submitting the information in
this collection to the USPTO
electronically, the customer 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 12,595 responses per
year will be submitted electronically, for
a total of approximately 13 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 $1,300 per year.
The total non-hour respondent cost
burden for this collection in the form of
filing fees, postage costs, and
recordkeeping costs is estimated to be
$360,416 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.
VerDate Nov<24>2008
14:55 Apr 19, 2010
Jkt 220001
Dated: April 13, 2010.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2010–9048 Filed 4–19–10; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–552–802]
Certain Frozen Warmwater Shrimp
from the Socialist Republic of Vietnam:
Extension of Final Results of
Antidumping Duty New Shipper
Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(‘‘Department’’) is extending the time
limit for the final results of the new
shipper review of certain frozen
warmwater shrimp (‘‘shrimp’’) from the
Socialist Republic of Vietnam
(‘‘Vietnam’’). This review covers the
period February 1, 2008 through January
31, 2009.
EFFECTIVE DATE: April 20, 2010.
FOR FURTHER INFORMATION CONTACT: Toni
Dach or Paul Walker, AD/CVD
Operations, Office 9, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–1655 or (202) 482–
0413, respectively.
SUPPLEMENTARY INFORMATION:
AGENCY:
Background
On January 21, 2010, the Department
published its notice of preliminary
intent to rescind the new shipper review
in the antidumping duty order on
shrimp from Vietnam for Nhat Duc Co.,
Ltd. See Certain Frozen Warmwater
Shrimp From the Socialist Republic of
Vietnam: Preliminary Intent To Rescind
New Shipper Review, 75 FR 3446
(January 21, 2010) (‘‘Preliminary
Rescission’’). The final results of this
review are currently due no later than
April 19, 2010.1
1 Due
to the extended closure of the Government
between February 5 and 11, 2010, all deadlines for
active cases were tolled by one calendar week. See
Memorandum From Ronald Lorentzen, DAS for
PO 00000
Frm 00009
Fmt 4703
Sfmt 9990
Fee amount
13,586
..........................
20563
Estimated
annual filing
fees
358,680.00
Statutory Time Limits
In antidumping duty new shipper
reviews, section 751(a)(2)(B)(iv) of the
Tariff Act of 1930, as amended (‘‘the
Act’’), and 19 CFR 351.214(i)(1) requires
the Department to issue the final results
of a new shipper review within 90 days
after the date on which the preliminary
results are issued. However, the
Department may extend the deadline for
completion of the final results of a new
shipper review to 150 days after the date
on which the preliminary results are
issued if it determines that the case is
extraordinarily complicated. See 19 CFR
351.214(i)(2)
Extension of Time Limit for Final
Results of Review
The Department has determined that
the review is extraordinarily
complicated as the Department’s
Preliminary Rescission included
analysis of six detailed issues related to
the respondent’s POR sale. Both
respondent and petitioner have
provided extensive comments on all
these issues, which must be analyzed
along with the Department’s
preliminary determination. Based on the
timing of the case and the extensive
arguments and detailed issues that must
be analyzed, the final results of this new
shipper review cannot be completed
within the statutory time limit of 90
days.
Therefore, the Department is
extending the time limit for completion
of the final results of this new shipper
review by 30 days from the April 19,
2010 deadline. The final results will
now be due no later than May 19, 2010.
We are issuing and publishing this
notice in accordance with sections
751(a)(2)(B)(iv) and 777(i) of the Act.
Dated: April 12, 2010.
John M. Andersen,
Acting Deputy Assistant Secretary for
Antidumping and Countervailing Duty
Operations.
[FR Doc. 2010–9081 Filed 4–19–10; 8:45 am]
BILLING CODE 3510–DS–S
Import Administration, Regarding Tolling of
Administrative Deadlines As a Result of the
Government Closure During the Recent Snowstorm,
available at https://ia.ita.doc.gov/download/
administrative-deadline-tolling-memo-021210.pdf.
E:\FR\FM\20APN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Notices]
[Pages 20561-20563]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9048]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Term Extension
ACTION: Proposed collection; comment request.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to take this
opportunity to comment on the continuing information collection, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44
U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before June 21, 2010.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: InformationCollection@uspto.gov. Include A0651-
0020 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, 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 Raul Tamayo, Legal Advisor, Office of Patent
Legal Administration, United States Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or
by e-mail to Raul.Tamayo@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Federal Food, Drug, and Cosmetic Act at 35 U.S.C. 156 permits
the United States Patent and Trademark Office (USPTO) to restore the
patent term lost due to certain types of regulatory review by the
Federal Food and Drug Administration or the Department of Agriculture.
Only patents for drug products, medical devices, food additives, and
color additives are eligible for extension. The maximum length that a
patent may be extended in order to restore the lost portion of the
patent term is five years.
The USPTO may in some cases extend the term of an original patent
due to certain delays in the prosecution of the patent application,
including delays caused by interference proceedings, secrecy orders, or
appellate review by the Board of Patent Appeals and Interferences or a
Federal court in which the patent is issued pursuant to a decision
reversing an adverse determination of patentability. The patent term
provisions of 35 U.S.C. 154(b), as amended by Title IV, Subtitle D of
the Intellectual Property and Communications Omnibus Reform Act of
1999, require the USPTO to notify the applicant of the patent term
adjustment in the notice of allowance and give the applicant an
opportunity to request reconsideration of the USPTO's patent term
adjustment determination.
The USPTO may also reduce the amount of patent term adjustment
granted if delays were caused by an applicant's failure to make a
reasonable effort to respond within three months of the mailing date of
a communication from the USPTO. Applicants may petition for
reinstatement of a reduction in patent term adjustment with a showing
that, in spite of all due care, the applicant was unable to respond to
a communication from the USPTO within the three month period.
The USPTO administers 35 U.S.C. 154 and 156 through 37 CFR 1.701-
1.791. These rules permit the public to submit applications to the
USPTO to extend the term of a patent past its original expiration date,
to request interim extensions and review of final eligibility
decisions, and to withdraw an application requesting a patent term
extension after it is submitted. Under 35 U.S.C. 156(d), an application
for patent term extension must identify the approved product, the
patent to be extended, and the claims included in
[[Page 20562]]
the patent that cover the approved product, a method of using the
approved product, or a method of manufacturing the approved product. In
addition, the application for patent term extension must provide a
brief description of the activities undertaken by the applicant during
the regulatory review period with respect to the approved product and
the significant dates of these activities.
The term of a patent which claims a product, a method of using a
product, or a method of manufacturing a product shall be extended if
the term of the patent has not expired before an application is
submitted. The Federal Food, Drug, and Cosmetic Act requires that an
application for patent term extension be filed with the USPTO within 60
days of the product receiving regulatory approval from the Federal Food
and Drug Administration or the Department of Agriculture. Under 35
U.S.C. 156(e), an interim extension may be granted if the term of an
eligible patent for which an application for patent term extension has
been submitted would expire before a certificate of extension is
issued.
The information in this collection is used by the USPTO to consider
whether an applicant is eligible for a patent term extension or
reconsideration of a patent term adjustment and, if so, to determine
the length of the patent term extension or adjustment.
II. Method of Collection
By mail, facsimile, 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: 0651-0020.
Form Number(s): PTO/SB/131.
Type of Review: Revision of a currently approved collection.
Affected Public: Businesses or other for-profits; not-for-profit
institutions.
Estimated Number of Respondents: 13,586 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public from 10 minutes (0.17 hours) to 25 hours, depending on the
complexity of the situation, to gather the necessary information,
prepare the appropriate documents, and submit the information in this
collection to the USPTO.
Estimated Total Annual Respondent Burden Hours: 7,808 hours.
Estimated Total Annual Respondent Cost Burden: $2,537,600. The
USPTO expects that the information in this collection will be prepared
by attorneys. Using the professional rate of $325 per hour for
attorneys in private firms, the USPTO estimates that the respondent
cost burden for submitting the information in this collection will be
$2,537,600 per year.
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
----------------------------------------------------------------------------------------------------------------
Application to Extend Patent Term under 35 25 hours........................ 40 1,000
U.S.C. 156.
Request for Interim Extension under 35 1 hour.......................... 1 1
U.S.C. 156(e)(2).
Petition to Review Final Eligibility 25 hours........................ 3 75
Decision under 37 CFR 1.750.
Initial Application for Interim Extension 20 hours........................ 3 60
under 35 U.S.C. 156(d)(5).
Subsequent Application for Interim Extension 1 hour.......................... 1 1
under 37 CFR 1.790.
Response to Requirement to Elect............ 1 hour.......................... 5 5
Response to Request to Identify Holder of 2 hours......................... 1 2
Patent Term.
Declaration to Withdraw an Application to 2 hours......................... 1 2
Extend Patent Term.
Petition for Reconsideration of Patent Term 3 hours......................... 1,500 4,500
Adjustment Determination.
Petition for Reinstatement of Reduced Patent 4 hours......................... 30 120
Term Adjustment.
Petition to Accord a Filing Date to an 2 hours......................... 1 2
Application under 37 CFR 1.740 for
Extension of a Patent Term.
Request for Recalculation of Patent Term 10 minutes...................... 12,000 2,040
Adjustment in View of Wyeth (PTO/SB/131).
-------------------------------------------------------------------
Totals.................................. ................................ 13,586 7,808
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual Non-hour Respondent Cost Burden: $360,416.
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.
This collection has filing fees associated with the requirements
for patent term extension and patent term adjustment. The USPTO
estimates that the total filing fees associated with this collection
will be $358,680 per year.
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Item annual Fee amount annual filing
responses fees
----------------------------------------------------------------------------------------------------------------
Application to Extend Patent Term under 35 U.S.C. 156........ 40 $1,120.00 $44,800.00
Request for Interim Extension under 35 U.S.C. 156(e)(2)...... 1 0.00 0.00
Petition to Review Final Eligibility Decision under 37 CFR 3 0.00 0.00
1.750.......................................................
Initial Application for Interim Extension under 35 U.S.C. 3 420.00 1,260.00
156(d)(5)...................................................
Subsequent Application for Interim Extension under 37 CFR 1 220.00 220.00
1.790.......................................................
Response to Requirement to Elect............................. 5 0.00 0.00
Response to Request to Identify Holder of Patent Term........ 1 0.00 0.00
Declaration to Withdraw an Application to Extend Patent Term. 1 0.00 0.00
Petition for Reconsideration of Patent Term Adjustment 1,500 200.00 300,000.00
Determination...............................................
Petition for Reinstatement of Reduced Patent Term Adjustment. 30 400.00 12,000.00
Petition to Accord a Filing Date to an Application under 37 1 400.00 400.00
CFR 1.740 for Extension of a Patent Term....................
Request for Recalculation of Patent Term Adjustment in View 12,000 0.00 0.00
of Wyeth (PTO/SB/131).......................................
--------------------------------------------------
[[Page 20563]]
Totals................................................... 13,586 ............... 358,680.00
----------------------------------------------------------------------------------------------------------------
Customers may incur postage costs when submitting the information
in this collection to the USPTO by mail. The USPTO expects that the
Application to Extend Patent Term under 35 U.S.C. 156, the Initial
Application for Interim Extension under 35 U.S.C. 156(d)(5), and
approximately 7% of the other responses for this collection will be
submitted by mail. The USPTO estimates that the average first-class
postage cost for these 991 mailed submissions will be 44 cents each,
for a total estimated postage cost of $436 per year.
When submitting the information in this collection to the USPTO
electronically, the customer 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 12,595 responses per year will be
submitted electronically, for a total of approximately 13 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 $1,300 per year.
The total non-hour respondent cost burden for this collection in
the form of filing fees, postage costs, and recordkeeping costs is
estimated to be $360,416 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: April 13, 2010.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2010-9048 Filed 4-19-10; 8:45 am]
BILLING CODE 3510-16-P
