Proposed Information Collection Requirements Under OMB Review; Certain Patent Petitions Requiring a Fee, 11430-11432 [2011-4456]
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11430
Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices
Officer, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
Written comments and
recommendations for the proposed
information collection should be sent on
or before April 1, 2011 to Nicholas A.
Fraser, OMB Desk Officer, via e-mail to
Nicholas_A._Fraser@omb.eop.gov, or by
fax to 202–395–5167, marked to the
attention of Nicholas A. Fraser.
Dated: February, 24, 2011.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2011–4559 Filed 3–1–11; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Proposed Information Collection
Requirements Under OMB Review;
Certain Patent Petitions Requiring a
Fee
ACTION:
Notice; comment request.
The United States Patent and
Trademark Office (USPTO), as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on the revision of a currently
approved collection, as required by the
Paperwork Reduction Act of 1995,
Public Law 104–13 (44 U.S.C.
3506(c)(2)(A)).
SUMMARY:
Written comments must be
submitted on or before May 2, 2011.
DATES:
You may submit comments
by any of the following methods:
• E-mail:
InformationCollection@uspto.gov.
Include ‘‘0651–0059 Patent Petitions
Requiring a Fee under 37 CFR 1.17(f)–
(h) comment’’ in the subject line of the
message.
• Mail: Susan K. Fawcett, Records
Officer, Office of the Chief Information
Officer, U.S. Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA
22313–1450.
•
Federal e-Rulemaking Portal: https://
www.regulations.gov.
emcdonald on DSK2BSOYB1PROD with NOTICES
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to the attention of
Raul Tamayo, Legal Advisor, Office of
Patent Legal Administration, U.S. Patent
and Trademark Office (USPTO), P.O.
Box 1450, Alexandria, VA 22313–1450;
by telephone 571–272–7728; or by e-
VerDate Mar<15>2010
16:34 Mar 01, 2011
Jkt 223001
mail at raul.tamayo@uspto.gov with
‘‘Paperwork’’ in the subject line.
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent and
Trademark Office (USPTO) is required
by 35 U.S.C. 131 et seq. to examine an
application for patent and, when
appropriate, issue a patent. Many
actions taken by the USPTO during its
examination of an application for patent
or for reissue of a patent, or during its
reexamination of a patent, are subject to
review by an appeal to the Board of
Patent Appeals and Interferences. For
other USPTO actions, review is in the
form of administrative review obtained
via submission of a petition to the
USPTO. USPTO petitions practice also
provides an opportunity for a patent
applicant or owner to supply additional
information that may be required in
order for the USPTO to further process
an application or patent.
Currently, this collection covers
certain petitions which, when submitted
to the USPTO by a patent applicant or
owner, are required to be accompanied
by the fee set forth in 37 CFR 1.17(f).
The USPTO has determined that it
would be beneficial to group other
petitions which require a fee under 37
CFR 1.17 together with the petitions
currently in this collection. Specifically,
the USPTO proposes to transfer out of
0651–0031 and into this collection
petitions which are required to be
accompanied by the fee set forth in
either 37 CFR 1.17 (g) or (h), including,
for example, petitions for requests for
documents in a form other than that
provided by 37 CFR 1.19, petitions to
make special under the accelerated
examination program, petitions for
express abandonment to avoid
publication under 37 CFR 1.138(c), and
petitions for extension of time under 37
CFR 1.136(b). For a complete listing of
the items covered by this collection,
please see the table in Section III of this
notice.
The petitions in this collection can be
submitted electronically through EFS–
Web, the USPTO’s web-based electronic
filing system, as well as on paper. The
USPTO is taking this opportunity to
account for the electronic submissions
in this collection.
Currently this collection has one
form. There are forms associated with
the petitions for extension of time under
37 CFR 1.136(b) (PTO/SB/23), petitions
to make special under the accelerated
examination program (PTO/SB/28),
petitions for express abandonment to
avoid publication under 37 CFR 1.138(c)
(PTO/SB/24A), and petitions to
withdraw an application from issue
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
after payment of the issue fee under 37
CFR 1.313(c) (PTO/SB/140). Therefore,
after approval, this collection will have
five forms. Please note that there are
some petitions to withdraw which
cannot be submitted using PTO/SB/140.
None of the other petitions in this
collection has a form associated with it.
The filing fee for petitions with no
associated form may be remitted to the
USPTO using PTO/SB/17p, which is
titled ‘‘Petition Fee Under 37 CFR
1.17(f), (g), and (h) Transmittal.’’
II. Method of Collection
By mail, facsimile, or hand delivery to
the USPTO when the applicant files the
various petitions. These papers can also
be filed as attachments through EFSWeb. The petitions to make special
under the accelerated examination
program can only be filed through EFSWeb.
III. Data
OMB Number: 0651–0059.
Form Number(s): PTO/SB/17P, PTO/
SB/23, PTO/SB/24a, PTO/SB/28 (EFSWeb only), and PTO/SB/140.
Type of Review: Revision of a
currently approved collection.
Affected Public: Business or other for
profit; non-profit institutions.
Estimated Number of Respondents:
39,015 responses per year. Of this total,
the USPTO expects that 35,154
responses will be submitted through
EFS-Web.
Estimated Time per Response: The
USPTO estimates that it will take
approximately 5 minutes (0.08 hours) to
12 hours to complete the items in this
collection, depending on the petition.
This includes time to gather the
necessary information, create the
documents, and submit the completed
request to the USPTO. The USPTO
calculates that, on balance, it takes the
same amount of time to gather the
necessary information, prepare the
petitions and the fee transmittal form,
and submit them to the USPTO,
whether the applicant submits the
petition in paper form or electronically.
Estimated Total Annual Respondent
Burden Hours: 41,907 hours.
Estimated Total Annual Respondent
Cost Burden: $13,616,730. The USPTO
expects that attorneys will complete all
of the items in this collection, with the
exception of the petitions for requests
for documents in a form other than that
provided by 37 CFR 1.19 and petitions
for express abandonment to avoid
publication under 37 CFR 1.138(c). The
USPTO expects that these petitions will
be completed by para-professionals.
Using the professional hourly rate of
$325 for attorneys in private firms, and
E:\FR\FM\02MRN1.SGM
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Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices
an hourly rate of $122 for the paraprofessionals, the USPTO estimates
$13,616,730 per year for salary costs
associated with respondents.
Estimated
time for
response
Item
Petitions (corresponding to the fee) under 37 CFR 1.17(f) include: Petition to Accord a Filing Date under 1.57(a); Petition to Accord a Filing
Date under 1.53(e); Petition for Decision on a Question Not Specifically Provided For; Petition to Suspend the Rules.
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(f) ......
Petitions (corresponding to the fee) under 37 CFR 1.17(g): Petition to
Access an Assignment Record; Petition for Access to an Application;
Petition for Expungement and Return of Information; Petition to Suspend Action in an Application.
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(g) .....
Petitions (corresponding to the fee) under 37 CFR 1.17(h): Petition for
Accepting Color Drawings or Photographs; Petition for Entry of a
Model or Exhibit; Petition to Withdraw an Application from Issue PTO/
SB/140; Petition to Defer Issuance of a Patent.
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(h) .....
Petitions for Requests for Documents in a Form Other than that Provided by 37 CFR 1.19.
EFS-Web Petitions for Requests for Documents in a Form Other than
that Provided by 37 CFR 1.19.
Petitions to Make Special Under Accelerated Examination Program
PTO/SB/28 (EFS-Web Only).
Petitions for Express Abandonment to Avoid Publication Under 37 CFR
1.138(c) PTO/SB/24a.
EFS-Web Petitions for Express Abandonment to Avoid Publication
Under 37 CFR 1.138(c).
Petition for Extension of Time Under 37 CFR 1.136(b) PTO/SB/23 ........
EFS-Web Petition for Extension of Time Under 37 CFR 1.136(b) ...........
Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal PTO/SB/17P
EFS-Web Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal ....
TOTALS ..............................................................................................
Estimated Total Annual Non-Hour
Respondent Cost Burden: $3,875,424.
There are no capital start-up,
operation, or maintenance costs
associated with this information
collection. There are, however, postage
costs and filing fees.
The public may submit the petitions
in this collection to the USPTO by mail
through the United States Postal
Service. All correspondence may
include a certificate of mailing for each
400
1,600
4 hours ............................................
2 hours ............................................
3,200
400
12,800
800
2 hours ............................................
1 hour ..............................................
3,500
1,100
7,000
1,100
1 hour ..............................................
1 hour ..............................................
10,300
5
10,300
5
1 hour ..............................................
50
50
12 hours ..........................................
550
6,600
12 minutes .......................................
50
10
12 minutes .......................................
500
100
30 minutes .......................................
30 minutes .......................................
5 minutes .........................................
5 minutes .........................................
6
54
1,900
17,000
3
27
152
1,360
..........................................................
39,015
41,907
piece of correspondence enclosed,
stating the date of deposit or
transmission to the USPTO in order to
receive credit for timely filing. The
USPTO has estimated that the vast
majority of these submissions will
weigh no more than 13 oz. Therefore,
the USPTO is conservatively estimating
that these submissions will be mailed in
large mailing envelopes by first-class
postage at a rate of $2.92. Postage for the
certificates of mailing themselves are
emcdonald on DSK2BSOYB1PROD with NOTICES
Jkt 223001
not calculated into this estimate as they
are included with the individual pieces
of correspondence that are being
deposited with the United States Postal
Service. The USPTO estimates that
1,961 petitions and 1,900 fee transmittal
forms will be mailed to the USPTO per
year, for a total postage cost of $11,274.
This collection has a minimum of
$3,864,150 in associated filing fees, as
shown in the accompanying table:
Responses
(a)
Petitions (corresponding to the fee) under 37 CFR 1.17(f) include: Petition to Accord a Filing Date under 1.57(a); Petition to Accord a Filing Date under 1.53(e);
Petition for Decision on a Question Not Specifically Provided For .......................
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(f) ......................
Petitions (corresponding to the fee) under 37 CFR 1.17(g): Petition to Access an
Assignment Record; Petition for Access to an Application; Petition for
Expungement and Return of Information; Petition to Suspend Action in an Application ..................................................................................................................
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(g) .....................
Petitions (corresponding to the fee) under 37 CFR 1.17(h): Petition for Accepting
Color Drawings or Photographs; Petition for Entry of a Model or Exhibit; Petition
to Withdraw an Application from Issue PTO/SB/140; Petition to Defer Issuance
of a Patent ..............................................................................................................
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(h) .....................
Petitions for Requests for Documents in a Form Other than that Provided by 37
CFR 1.19 ................................................................................................................
16:34 Mar 01, 2011
PO 00000
Frm 00008
Fmt 4703
Estimated
annual
burden hours
4 hours ............................................
Item
VerDate Mar<15>2010
Estimated
annual
responses
Sfmt 4703
Filing Fee ($)
(b)
Total non-hour
cost burden
(a × b)
(c)
400
3,200
$400.00
400.00
$160,000.00
1,280,000.00
400
3,500
200.00
200.00
80,000.00
700,000.00
1,100
10,300
130.00
130.00
143,000.00
1,339,000.00
5
130.00
650.00
E:\FR\FM\02MRN1.SGM
02MRN1
11432
Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Notices
Responses
(a)
Item
EFS-Web Petitions for Requests for Documents in a Form Other than that Provided by 37 CFR 1.19 ............................................................................................
Petitions to Make Special Under Accelerated Examination Program (EFS-Web
only) PTO/SB/28 (EFS-Web only) .........................................................................
Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
PTO/SB/24a ...........................................................................................................
EFS-Web Petitions for Express Abandonment to Avoid Publication Under 37 CFR
1.138(c) ..................................................................................................................
Petition for Extension of Time Under 37 CFR 1.136(b) PTO/SB/23 ........................
EFS-Web Petition for Extension of Time Under 37 CFR 1.136(b) ...........................
Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal PTO/SB/17 .................
EFS-Web Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal ....................
TOTALS ..............................................................................................................
The USPTO estimates that the total
non-hour respondent cost burden for
this collection in the form of postage
costs and filing fees amounts to
$3,875,424.
Dated: February 24, 2011.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2011–4456 Filed 3–1–11; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
emcdonald on DSK2BSOYB1PROD with NOTICES
United States Patent and Trademark
Office
[Docket No. PTO–T–2010–0090]
Coding of Design Marks in
Registrations
United States Patent and
Trademark Office, Commerce.
ACTION: Notice.
AGENCY:
VerDate Mar<15>2010
16:34 Mar 01, 2011
Jkt 223001
Frm 00009
Fmt 4703
Sfmt 4703
6,500.00
130.00
71,500.00
50
130.00
6,500.00
500
6
54
1,900
17,000
130.00
200.00
200.00
None
None
65,000.00
1,200.00
10,800.00
0.00
0.00
39,015
Background
Pursuant to 35 U.S.C. 41(i)(1)–(2), the
USPTO maintains a publicly available
searchable collection of all United
States trademark registrations in
electronic form.
On December 28, 2010, the USPTO
published a notice and request for
comments at 75 FR 81587, proposing to
discontinue a secondary system of
coding designs contained in registered
marks. The USPTO received only one
comment, from an organization
supporting the proposed
discontinuation and encouraging the
USPTO to use the cost savings to
develop and support electronic
initiatives. This comment is posted on
the Office’s Web site at https://
www.uspto.gov/trademarks/law/
FR_Notices_2010.jsp and is addressed
below.
The proposed discontinuation of the
secondary system, the Trademark
Search Facility Classification Code
Index (‘‘TC Index’’), stems from its
inferiority to the primary system of
130.00
550
The United States Patent and
Trademark Office (‘‘USPTO’’) is
discontinuing the practice of coding
newly registered trademarks that
include a design element with design
mark codes based on the old paper
search designations. The USPTO will
continue to code all pending
applications that contain a design
element using a numerical design code
system modeled after the International
Classification of the Figurative Elements
of Marks (‘‘USPTO Design
Classification’’).
DATES: Effective immediately.
FOR FURTHER INFORMATION CONTACT:
Cynthia C. Lynch, Office of the Deputy
Commissioner for Trademark
Examination Policy, by telephone at
(571) 272–8742.
SUPPLEMENTARY INFORMATION:
PO 00000
Total non-hour
cost burden
(a × b)
(c)
50
SUMMARY:
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 will also become a matter of public
record.
Filing Fee ($)
(b)
..............................
3,864,150.00
design coding, which is much more
specific, precise and robust; the
infrequent use of the TC Index codes in
searches by the public; and its costliness
to maintain, especially in proportion to
the low usage of the system. The
assignment of TC Index codes to active
U.S. trademark registrations in the
searchable electronic database costs
approximately $531,000 per fiscal year
for staffing, systems maintenance, and
support costs.
Changes: USPTO Discontinuing TC
Index Coding
In view of the lack of any public
comments opposing the discontinuation
and the public comment supporting it,
the USPTO is discontinuing the practice
of design coding newly registered
trademarks with TC Index codes.
Terminating the dual design-coding
system will result in cost savings and
will free the USPTO staff to perform
more valuable services for the public.
All existing registrations coded with
paper search designations will remain
available in the Trademark Electronic
Search System (‘‘TESS’’) and on
microfilm. The USPTO has updated
TESS Help to reflect that searching by
the TC Index code will only retrieve
registrations coded from August 28,
2007, through January 31, 2011. The
USPTO strongly advises all users to rely
solely on the primary system, Design
Search Code (‘‘DC’’) field, in TESS when
performing searches for pending
applications and active registrations for
marks that include a design element.
The USPTO will continue to code all
pending applications that contain a
design element with the USPTO Design
Classification shown in the DC field.
Examining attorneys will continue to
rely solely on the USPTO Design
Classification for examining and
approving applications for marks with
design codes for Federal registration.
E:\FR\FM\02MRN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Notices]
[Pages 11430-11432]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4456]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Proposed Information Collection Requirements Under OMB Review;
Certain Patent Petitions Requiring a Fee
ACTION: Notice; comment request.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to take this
opportunity to comment on the revision of a currently approved
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 May 2, 2011.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: InformationCollection@uspto.gov. Include ``0651-
0059 Patent Petitions Requiring a Fee under 37 CFR 1.17(f)-(h)
comment'' in the subject line of the message.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, 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 Raul Tamayo, Legal Advisor,
Office of Patent Legal Administration, U.S. Patent and Trademark Office
(USPTO), P.O. Box 1450, Alexandria, VA 22313-1450; by telephone 571-
272-7728; or by e-mail at raul.tamayo@uspto.gov with ``Paperwork'' in
the subject line.
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent and Trademark Office (USPTO) is required
by 35 U.S.C. 131 et seq. to examine an application for patent and, when
appropriate, issue a patent. Many actions taken by the USPTO during its
examination of an application for patent or for reissue of a patent, or
during its reexamination of a patent, are subject to review by an
appeal to the Board of Patent Appeals and Interferences. For other
USPTO actions, review is in the form of administrative review obtained
via submission of a petition to the USPTO. USPTO petitions practice
also provides an opportunity for a patent applicant or owner to supply
additional information that may be required in order for the USPTO to
further process an application or patent.
Currently, this collection covers certain petitions which, when
submitted to the USPTO by a patent applicant or owner, are required to
be accompanied by the fee set forth in 37 CFR 1.17(f). The USPTO has
determined that it would be beneficial to group other petitions which
require a fee under 37 CFR 1.17 together with the petitions currently
in this collection. Specifically, the USPTO proposes to transfer out of
0651-0031 and into this collection petitions which are required to be
accompanied by the fee set forth in either 37 CFR 1.17 (g) or (h),
including, for example, petitions for requests for documents in a form
other than that provided by 37 CFR 1.19, petitions to make special
under the accelerated examination program, petitions for express
abandonment to avoid publication under 37 CFR 1.138(c), and petitions
for extension of time under 37 CFR 1.136(b). For a complete listing of
the items covered by this collection, please see the table in Section
III of this notice.
The petitions in this collection can be submitted electronically
through EFS-Web, the USPTO's web-based electronic filing system, as
well as on paper. The USPTO is taking this opportunity to account for
the electronic submissions in this collection.
Currently this collection has one form. There are forms associated
with the petitions for extension of time under 37 CFR 1.136(b) (PTO/SB/
23), petitions to make special under the accelerated examination
program (PTO/SB/28), petitions for express abandonment to avoid
publication under 37 CFR 1.138(c) (PTO/SB/24A), and petitions to
withdraw an application from issue after payment of the issue fee under
37 CFR 1.313(c) (PTO/SB/140). Therefore, after approval, this
collection will have five forms. Please note that there are some
petitions to withdraw which cannot be submitted using PTO/SB/140. None
of the other petitions in this collection has a form associated with
it. The filing fee for petitions with no associated form may be
remitted to the USPTO using PTO/SB/17p, which is titled ``Petition Fee
Under 37 CFR 1.17(f), (g), and (h) Transmittal.''
II. Method of Collection
By mail, facsimile, or hand delivery to the USPTO when the
applicant files the various petitions. These papers can also be filed
as attachments through EFS-Web. The petitions to make special under the
accelerated examination program can only be filed through EFS-Web.
III. Data
OMB Number: 0651-0059.
Form Number(s): PTO/SB/17P, PTO/SB/23, PTO/SB/24a, PTO/SB/28 (EFS-
Web only), and PTO/SB/140.
Type of Review: Revision of a currently approved collection.
Affected Public: Business or other for profit; non-profit
institutions.
Estimated Number of Respondents: 39,015 responses per year. Of this
total, the USPTO expects that 35,154 responses will be submitted
through EFS-Web.
Estimated Time per Response: The USPTO estimates that it will take
approximately 5 minutes (0.08 hours) to 12 hours to complete the items
in this collection, depending on the petition. This includes time to
gather the necessary information, create the documents, and submit the
completed request to the USPTO. The USPTO calculates that, on balance,
it takes the same amount of time to gather the necessary information,
prepare the petitions and the fee transmittal form, and submit them to
the USPTO, whether the applicant submits the petition in paper form or
electronically.
Estimated Total Annual Respondent Burden Hours: 41,907 hours.
Estimated Total Annual Respondent Cost Burden: $13,616,730. The
USPTO expects that attorneys will complete all of the items in this
collection, with the exception of the petitions for requests for
documents in a form other than that provided by 37 CFR 1.19 and
petitions for express abandonment to avoid publication under 37 CFR
1.138(c). The USPTO expects that these petitions will be completed by
para-professionals. Using the professional hourly rate of $325 for
attorneys in private firms, and
[[Page 11431]]
an hourly rate of $122 for the para-professionals, the USPTO estimates
$13,616,730 per year for salary costs associated with respondents.
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
----------------------------------------------------------------------------------------------------------------
Petitions (corresponding to the fee) under 37 4 hours......................... 400 1,600
CFR 1.17(f) include: Petition to Accord a
Filing Date under 1.57(a); Petition to Accord
a Filing Date under 1.53(e); Petition for
Decision on a Question Not Specifically
Provided For; Petition to Suspend the Rules.
EFS-Web Petitions (corresponding to the fee) 4 hours......................... 3,200 12,800
under 37 CFR 1.17(f).
Petitions (corresponding to the fee) under 37 2 hours......................... 400 800
CFR 1.17(g): Petition to Access an Assignment
Record; Petition for Access to an
Application; Petition for Expungement and
Return of Information; Petition to Suspend
Action in an Application.
EFS-Web Petitions (corresponding to the fee) 2 hours......................... 3,500 7,000
under 37 CFR 1.17(g).
Petitions (corresponding to the fee) under 37 1 hour.......................... 1,100 1,100
CFR 1.17(h): Petition for Accepting Color
Drawings or Photographs; Petition for Entry
of a Model or Exhibit; Petition to Withdraw
an Application from Issue PTO/SB/140;
Petition to Defer Issuance of a Patent.
EFS-Web Petitions (corresponding to the fee) 1 hour.......................... 10,300 10,300
under 37 CFR 1.17(h).
Petitions for Requests for Documents in a Form 1 hour.......................... 5 5
Other than that Provided by 37 CFR 1.19.
EFS-Web Petitions for Requests for Documents 1 hour.......................... 50 50
in a Form Other than that Provided by 37 CFR
1.19.
Petitions to Make Special Under Accelerated 12 hours........................ 550 6,600
Examination Program PTO/SB/28 (EFS-Web Only).
Petitions for Express Abandonment to Avoid 12 minutes...................... 50 10
Publication Under 37 CFR 1.138(c) PTO/SB/24a.
EFS-Web Petitions for Express Abandonment to 12 minutes...................... 500 100
Avoid Publication Under 37 CFR 1.138(c).
Petition for Extension of Time Under 37 CFR 30 minutes...................... 6 3
1.136(b) PTO/SB/23.
EFS-Web Petition for Extension of Time Under 30 minutes...................... 54 27
37 CFR 1.136(b).
Petition Fee under 37 CFR 1.17(f), (g), and 5 minutes....................... 1,900 152
(h) Transmittal PTO/SB/17P.
EFS-Web Petition Fee under 37 CFR 1.17(f), 5 minutes....................... 17,000 1,360
(g), and (h) Transmittal.
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TOTALS.................................... ................................ 39,015 41,907
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual Non-Hour Respondent Cost Burden: $3,875,424.
There are no capital start-up, operation, or maintenance costs
associated with this information collection. There are, however,
postage costs and filing fees.
The public may submit the petitions in this collection to the USPTO
by mail through the United States Postal Service. All correspondence
may include a certificate of mailing for each piece of correspondence
enclosed, stating the date of deposit or transmission to the USPTO in
order to receive credit for timely filing. The USPTO has estimated that
the vast majority of these submissions will weigh no more than 13 oz.
Therefore, the USPTO is conservatively estimating that these
submissions will be mailed in large mailing envelopes by first-class
postage at a rate of $2.92. Postage for the certificates of mailing
themselves are not calculated into this estimate as they are included
with the individual pieces of correspondence that are being deposited
with the United States Postal Service. The USPTO estimates that 1,961
petitions and 1,900 fee transmittal forms will be mailed to the USPTO
per year, for a total postage cost of $11,274.
This collection has a minimum of $3,864,150 in associated filing
fees, as shown in the accompanying table:
----------------------------------------------------------------------------------------------------------------
Total non-hour
Item Responses (a) Filing Fee ($) cost burden (a x
(b) b) (c)
----------------------------------------------------------------------------------------------------------------
Petitions (corresponding to the fee) under 37 CFR 400 $400.00 $160,000.00
1.17(f) include: Petition to Accord a Filing Date
under 1.57(a); Petition to Accord a Filing Date under
1.53(e); Petition for Decision on a Question Not
Specifically Provided For.............................
EFS-Web Petitions (corresponding to the fee) under 37 3,200 400.00 1,280,000.00
CFR 1.17(f)...........................................
Petitions (corresponding to the fee) under 37 CFR 400 200.00 80,000.00
1.17(g): Petition to Access an Assignment Record;
Petition for Access to an Application; Petition for
Expungement and Return of Information; Petition to
Suspend Action in an Application......................
EFS-Web Petitions (corresponding to the fee) under 37 3,500 200.00 700,000.00
CFR 1.17(g)...........................................
Petitions (corresponding to the fee) under 37 CFR 1,100 130.00 143,000.00
1.17(h): Petition for Accepting Color Drawings or
Photographs; Petition for Entry of a Model or Exhibit;
Petition to Withdraw an Application from Issue PTO/SB/
140; Petition to Defer Issuance of a Patent...........
EFS-Web Petitions (corresponding to the fee) under 37 10,300 130.00 1,339,000.00
CFR 1.17(h)...........................................
Petitions for Requests for Documents in a Form Other 5 130.00 650.00
than that Provided by 37 CFR 1.19.....................
[[Page 11432]]
EFS-Web Petitions for Requests for Documents in a Form 50 130.00 6,500.00
Other than that Provided by 37 CFR 1.19...............
Petitions to Make Special Under Accelerated Examination 550 130.00 71,500.00
Program (EFS-Web only) PTO/SB/28 (EFS-Web only).......
Petitions for Express Abandonment to Avoid Publication 50 130.00 6,500.00
Under 37 CFR 1.138(c) PTO/SB/24a......................
EFS-Web Petitions for Express Abandonment to Avoid 500 130.00 65,000.00
Publication Under 37 CFR 1.138(c).....................
Petition for Extension of Time Under 37 CFR 1.136(b) 6 200.00 1,200.00
PTO/SB/23.............................................
EFS-Web Petition for Extension of Time Under 37 CFR 54 200.00 10,800.00
1.136(b)..............................................
Petition Fee under 37 CFR 1.17(f), (g), and (h) 1,900 None 0.00
Transmittal PTO/SB/17.................................
EFS-Web Petition Fee under 37 CFR 1.17(f), (g), and (h) 17,000 None 0.00
Transmittal...........................................
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TOTALS............................................. 39,015 ................. 3,864,150.00
----------------------------------------------------------------------------------------------------------------
The USPTO estimates that the total non-hour respondent cost burden
for this collection in the form of postage costs and filing fees
amounts to $3,875,424.
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 will also become a matter of public record.
Dated: February 24, 2011.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2011-4456 Filed 3-1-11; 8:45 am]
BILLING CODE 3510-16-P
