Patent Cooperation Treaty, 7759-7761 [2013-02263]
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7759
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Cooperation Treaty
ACTION:
Proposed collection; 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 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 April 5, 2013.
ADDRESSES: You may submit comments
by any of the following methods:
• Email:
InformationCollection@uspto.gov.
Include ‘‘0651–0021 comment’’ in the
subject line of the message.
• 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.
SUMMARY:
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 email
to Raul.Tamayo@uspto.gov. Additional
information about this collection is also
available at https://www.reginfo.gov
under ‘‘Information Collection Review.’’
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 (Chapters 35–37) and
Subpart C of Title 37 of the Code of
Federal Regulations (37 CFR 1.401–
1.499). 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 serves as an International
Searching Authority (ISA) to perform
searches and issues an international
search report (ISR) and a written
opinion on international applications.
The USPTO also issues an international
preliminary report on patentability
(IPRP Chapter II) when acting as an
International Preliminary Examining
Authority (IPEA).
mstockstill on DSK4VPTVN1PROD with NOTICES
Request and Fee Calculation Sheet (Annex and Notes) (PCT/RO/101) ....................................
Description/claims/drawings/abstracts .........................................................................................
Application Data Sheet (35 U.S.C. 371 applications) .................................................................
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 ...................................................................................
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 (Article 34) .............................................................................................................
Fee Authorization .........................................................................................................................
Requests to transmit copies of international application .............................................................
Withdrawal of international application (PCT/IB/372) ..................................................................
Translations .................................................................................................................................
19:26 Feb 01, 2013
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PO 00000
II. Method of Collection
By mail, hand delivery, or
electronically to the USPTO.
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 forprofits; and not-for-profit institutions.
Estimated Number of Respondents:
353,669 responses per year. The USPTO
estimates that approximately 16,275 of
these responses will be from small
entities.
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: 348,686 hours.
Estimated Total Annual Respondent
Cost Burden: $129,362,506. The USPTO
expects that the information in this
collection will be prepared by attorneys
at an estimated rate of $371 per hour.
Therefore, the USPTO estimates that the
respondent cost burden for this
collection will be approximately
$129,362,506 per year.
Estimated time
for response
Item
VerDate Mar<15>2010
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. The USPTO is
removing two items, extensions of time
and priority documents, because the
information is no longer being collected.
Frm 00022
Fmt 4703
Sfmt 4703
Estimated
annual
responses
Estimated
annual
burden hours
1 hour
3 hours
23 minutes
15 minutes
48,285
48,285
51,539
43,457
48,285
144,855
19,585
10,864
15
15
15
15
66,462
4,829
483
1
13,286
713
1,459
1,459
43,457
700
905
21,180
16,616
1,207
121
0
26,572
357
1,459
1,459
10,864
175
226
42,360
30
15
15
15
minutes
minutes
minutes
minutes
2 hours
minutes
1 hour
1 hour
minutes
minutes
minutes
2 hours
E:\FR\FM\04FEN1.SGM
04FEN1
7760
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices
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 (37 CFR 1.78(a)(3)) .......................
Request for the restoration of the right of priority .......................................................................
Totals ....................................................................................................................................
Estimated Total Annual Non-hour
Respondent Cost Burden: $309,719,541.
This collection has annual (non-hour)
costs in the form of translations,
drawings, fees, 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 approximately $150 per page
for the translation, for an average
translation cost of $1,500 per document.
The USPTO estimates that it receives
approximately 21,180 English
translations annually, for a total cost of
$31,770,000 per year for English
translations of non-English language
documents for PCT applications.
mstockstill on DSK4VPTVN1PROD with NOTICES
19:26 Feb 01, 2013
Jkt 229001
27
216
1 hour
4 hours
4 hours
2 hours
3 hours
........................
1,354
164
4,877
294
453
353,669
1,354
656
19,508
588
1,359
348,686
PO 00000
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 $390 ($195 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 as well
as the fees for petitions to revive
unavoidably or unintentionally
abandoned international applications
are discounted for small entities.
Estimated
annual
responses
Request and Fee Calculation Sheet (Annex and Notes) (PCT/RO/101) ..............................
Description/claims/drawings/abstracts ...................................................................................
Application Data Sheet (35 U.S.C. 371 applications) ...........................................................
Transmittal Letter to the United States Receiving Office (RO/US) (PTO–1382) ..................
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
$390 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 $195 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 $390 basic
fee, $120 search fee, and $250 examination fee ..............................................................
Transmittal Letter to the DO/EO/US (PTO–1390)—U.S. was the ISA; includes $195 basic
fee, $60 search fee, and $125 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 $390 basic fee, $500 search fee, and $250 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 $195 basic fee, $250 search fee, and $125 examination fee for
small entity .........................................................................................................................
Transmittal Letter to the DO/EO/US (PTO–1390)—All other situations; includes $390
basic fee, $630 search fee, and $250 examination fee ....................................................
Transmittal Letter to the DO/EO/US (PTO–1390)—All other situations; includes $195
basic fee, $315 search fee, and $125 examination fee for small entity ...........................
PCT/Model of Power of Attorney ...........................................................................................
PCT/Model of General Power of Attorney .............................................................................
Indications Relating to a Deposited Microorganism (PCT/RO/134) ......................................
Response to invitation to correct defects ..............................................................................
Frm 00023
Fmt 4703
Sfmt 4703
Estimated
annual
burden hours
8 hours
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 48,285 applications per
year will have drawings filed with them,
for a total of 43,939 sets of drawings
with a total cost of $28,033,082 per year.
The estimated filing fees for this
collection are calculated in the
accompanying table. The fees listed for
Item
VerDate Mar<15>2010
Estimated
annual
responses
Estimated time
for response
Item
Fee amount
Estimated annual
filing costs
48,285
48,285
51,539
43,457
$3,574.00
0.00
0.00
0.00
$172,570,590.00
0.00
0.00
0.00
60
390.00
23,400.00
47
195.00
9,165.00
1,852
760.00
1,407,520.00
2,155
380.00
818,900.00
47,907
1,140.00
54,613,980.00
12,876
570.00
7,339,320.00
996
1,270.00
1,264,920.00
569
4,829
483
1
13,286
635.00
0.00
0.00
0.00
0.00
361,315.00
0.00
0.00
0.00
0.00
E:\FR\FM\04FEN1.SGM
04FEN1
7761
Federal Register / Vol. 78, No. 23 / Monday, February 4, 2013 / Notices
Estimated
annual
responses
Item
Fee amount
Estimated annual
filing costs
713
1,459
1,459
43,457
700
905
21,180
0.00
840.00
0.00
0.00
0.00
0.00
0.00
0.00
1,225,560.00
0.00
0.00
0.00
0.00
0.00
13
630.00
8,190.00
14
315.00
4,410.00
740
1,890.00
1,398,600.00
614
164
4,877
294
453
945.00
130.00
200.00
1,410.00
1,410.00
580,230.00
21,320.00
975,400.00
414,540.00
638,730.00
Totals ..............................................................................................................................
mstockstill on DSK4VPTVN1PROD with NOTICES
Request for rectification of obvious errors ............................................................................
Demand and Fee Calculation Sheet (Annex and Notes) (PCT/IPEA/401) ...........................
Amendments (Article 34) .......................................................................................................
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), small entity (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) ...................................
Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b), small entity (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 (37 CFR 1.78(a)(3)) .................
Request for the restoration of the right of priority .................................................................
353,669
........................
243,676,090.00
In addition to the filing fees listed in
the table, applicants may also incur fees
for late filings (for filing after thirty
months from the priority date), multiple
dependent claims, and lengthy
applications. The fee for the late filing
of a search fee, examination fee, or oath
or declaration under 37 CFR 1.492(h) is
$130 for large entities and $65 for small
entities. The USPTO estimates that it
will receive approximately 22,677 of
these late payment fees for large entities
and 9,331 for small entities per year, for
a total of $3,554,525. 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 2,118
of these late translation fees per year, for
a total of $275,340. The fee for
applications containing a multiple
dependent claim is $460 for large
entities and $230 for small entities. The
USPTO estimates that it will receive
approximately 2,946 of these multiple
dependent claim fees for large entities
and 1,127 for small entities per year, for
a total of $1,614,370. Applications with
specifications and drawings that exceed
100 pages may be subject to an
application size fee of $320 (or $160 for
small entities) for each additional 50
pages or fraction thereof. The USPTO
estimates that it will receive
approximately 2,047 of the $320 size
fees from large entities and
approximately 831 of the $160 size fees
from small entities per year, for a total
of $788,000. The total estimated fees for
this collection, including filing fees and
other additional fees, will be
approximately $249,908,325 per year.
VerDate Mar<15>2010
19:26 Feb 01, 2013
Jkt 229001
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 46 cents and that up
to 17,683 submissions (approximately
5% of responses) will be mailed to the
USPTO per year, for a total estimated
postage cost of $8,134 per year.
The total annual (non-hour)
respondent cost burden for this
collection associated with translations,
drawings, fees, and postage is estimated
to be $309,719,541 per year.
IV. Request for Comments
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval. All comments will become a
matter of public record.
The USPTO is soliciting public
comments to:
(a) Evaluate whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (b) Evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information, including the validity of
the methodology and assumptions used;
(c) Enhance the quality, utility, and
clarity of the information to be
collected; and (d) Minimize the burden
of the collection of information on those
who are to respond, including through
the use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
e.g., permitting electronic submission of
responses.
Dated: January 29, 2013.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2013–02263 Filed 2–1–13; 8:45 am]
BILLING CODE 3510–16–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2013–0005]
Agency Information Collection
Activities; Proposed Collection;
Comment Request; Registration Card
Effectiveness Survey
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
The Consumer Product Safety
Commission (CPSC or Commission) is
announcing an opportunity for public
comment on the proposed collection of
certain information by the agency.
Under the Paperwork Reduction Act of
1995 (PRA), Federal agencies are
required to publish a notice in the
Federal Register concerning each
proposed collection of information and
to allow 60 days for public comment in
response to the notice. This notice
solicits comments on the proposed
collection of information for a report on
the effectiveness of product registration
cards in facilitating product recalls.
DATES: Submit written or electronic
comments on the collection of
information by April 5, 2013.
SUMMARY:
E:\FR\FM\04FEN1.SGM
04FEN1
]]>Agencies
[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Notices]
[Pages 7759-7761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02263]
[[Page 7759]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Cooperation Treaty
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 April 5, 2013.
ADDRESSES: You may submit comments by any of the following methods:
Email: InformationCollection@uspto.gov. Include ``0651-
0021 comment'' in the subject line of the message.
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 email to Raul.Tamayo@uspto.gov. Additional information about this
collection is also available at https://www.reginfo.gov under
``Information Collection Review.''
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 (Chapters 35-37) and Subpart C of
Title 37 of the Code of Federal Regulations (37 CFR 1.401-1.499). 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 serves as an International Searching Authority (ISA) to
perform searches and issues an international search report (ISR) and a
written opinion on international applications. The USPTO also issues an
international preliminary report on patentability (IPRP Chapter II)
when acting as 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. The USPTO is removing two items,
extensions of time and priority documents, because the information is
no longer being collected.
II. Method of Collection
By mail, hand delivery, or electronically to the USPTO.
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: 353,669 responses per year. The
USPTO estimates that approximately 16,275 of these responses will be
from small entities.
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: 348,686 hours.
Estimated Total Annual Respondent Cost Burden: $129,362,506. The
USPTO expects that the information in this collection will be prepared
by attorneys at an estimated rate of $371 per hour. Therefore, the
USPTO estimates that the respondent cost burden for this collection
will be approximately $129,362,506 per year.
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Item Estimated time annual annual burden
for response responses hours
----------------------------------------------------------------------------------------------------------------
Request and Fee Calculation Sheet (Annex and Notes) (PCT/RO/101) 1 hour 48,285 48,285
Description/claims/drawings/abstracts........................... 3 hours 48,285 144,855
Application Data Sheet (35 U.S.C. 371 applications)............. 23 minutes 51,539 19,585
Transmittal Letter to the United States Receiving Office (RO/US) 15 minutes 43,457 10,864
(PTO-1382).....................................................
Transmittal Letter to the United States Designated/Elected 15 minutes 66,462 16,616
Office (DO/EO/US) Concerning a Submission Under 35 U.S.C. 371
(PTO-1390).....................................................
PCT/Model of Power of Attorney.................................. 15 minutes 4,829 1,207
PCT/Model of General Power of Attorney.......................... 15 minutes 483 121
Indications Relating to a Deposited Microorganism (PCT/RO/134).. 15 minutes 1 0
Response to invitation to correct defects....................... 2 hours 13,286 26,572
Request for rectification of obvious errors..................... 30 minutes 713 357
Demand and Fee Calculation Sheet (Annex and Notes) (PCT/IPEA/ 1 hour 1,459 1,459
401)...........................................................
Amendments (Article 34)......................................... 1 hour 1,459 1,459
Fee Authorization............................................... 15 minutes 43,457 10,864
Requests to transmit copies of international application........ 15 minutes 700 175
Withdrawal of international application (PCT/IB/372)............ 15 minutes 905 226
Translations.................................................... 2 hours 21,180 42,360
[[Page 7760]]
Petition for Revival of an International Application for Patent 8 hours 27 216
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 1 hour 1,354 1,354
Designating the U.S. Abandoned Unintentionally Under 37 CFR
1.137(b) (PTO/SB/64/PCT).......................................
Petitions to the Commissioner for international applications.... 4 hours 164 656
Petitions to the Commissioner in national stage examination..... 4 hours 4,877 19,508
Acceptance of an unintentionally delayed claim for priority (37 2 hours 294 588
CFR 1.78(a)(3))................................................
Request for the restoration of the right of priority............ 3 hours 453 1,359
Totals...................................................... .............. 353,669 348,686
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual Non-hour Respondent Cost Burden:
$309,719,541. This collection has annual (non-hour) costs in the form
of translations, drawings, fees, 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 approximately $150
per page for the translation, for an average translation cost of $1,500
per document. The USPTO estimates that it receives approximately 21,180
English translations annually, for a total cost of $31,770,000 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 48,285 applications per
year will have drawings filed with them, for a total of 43,939 sets of
drawings with a total cost of $28,033,082 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 $390 ($195 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 as well as
the fees for petitions to revive unavoidably or unintentionally
abandoned international applications are discounted for small entities.
----------------------------------------------------------------------------------------------------------------
Estimated
Item annual Fee amount Estimated annual
responses filing costs
----------------------------------------------------------------------------------------------------------------
Request and Fee Calculation Sheet (Annex and Notes) (PCT/RO/ 48,285 $3,574.00 $172,570,590.00
101)........................................................
Description/claims/drawings/abstracts........................ 48,285 0.00 0.00
Application Data Sheet (35 U.S.C. 371 applications).......... 51,539 0.00 0.00
Transmittal Letter to the United States Receiving Office (RO/ 43,457 0.00 0.00
US) (PTO-1382)..............................................
Transmittal Letter to the United States Designated/Elected 60 390.00 23,400.00
Office (DO/EO/US) (PTO-1390)--U.S. was the ISA or IPEA and
all claims satisfy PCT Article 33(1)-(4); includes $390
basic fee, $0 search fee, and $0 examination fee............
Transmittal Letter to the DO/EO/US (PTO-1390)--U.S. was the 47 195.00 9,165.00
ISA or IPEA and all claims satisfy PCT Article 33(1)-(4);
includes $195 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 1,852 760.00 1,407,520.00
ISA; includes $390 basic fee, $120 search fee, and $250
examination fee.............................................
Transmittal Letter to the DO/EO/US (PTO-1390)--U.S. was the 2,155 380.00 818,900.00
ISA; includes $195 basic fee, $60 search fee, and $125
examination fee for small entity............................
Transmittal Letter to the DO/EO/US (PTO-1390)--International 47,907 1,140.00 54,613,980.00
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 $390 basic fee, $500 search fee, and $250
examination fee.............................................
Transmittal Letter to the DO/EO/US (PTO-1390)--International 12,876 570.00 7,339,320.00
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 $195 basic fee, $250 search fee, and $125
examination fee for small entity............................
Transmittal Letter to the DO/EO/US (PTO-1390)--All other 996 1,270.00 1,264,920.00
situations; includes $390 basic fee, $630 search fee, and
$250 examination fee........................................
Transmittal Letter to the DO/EO/US (PTO-1390)--All other 569 635.00 361,315.00
situations; includes $195 basic fee, $315 search fee, and
$125 examination fee for small entity.......................
PCT/Model of Power of Attorney............................... 4,829 0.00 0.00
PCT/Model of General Power of Attorney....................... 483 0.00 0.00
Indications Relating to a Deposited Microorganism (PCT/RO/ 1 0.00 0.00
134)........................................................
Response to invitation to correct defects.................... 13,286 0.00 0.00
[[Page 7761]]
Request for rectification of obvious errors.................. 713 0.00 0.00
Demand and Fee Calculation Sheet (Annex and Notes) (PCT/IPEA/ 1,459 840.00 1,225,560.00
401)........................................................
Amendments (Article 34)...................................... 1,459 0.00 0.00
Fee Authorization............................................ 43,457 0.00 0.00
Requests to transmit copies of international application..... 700 0.00 0.00
Withdrawal of international application (PCT/IB/372)......... 905 0.00 0.00
Translations................................................. 21,180 0.00 0.00
Petition for Revival of an International Application for 13 630.00 8,190.00
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 14 315.00 4,410.00
Patent Designating the U.S. Abandoned Unavoidably Under 37
CFR 1.137(a), small entity (PTO/SB/61/PCT)..................
Petition for Revival of an International Application for 740 1,890.00 1,398,600.00
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 614 945.00 580,230.00
Patent Designating the U.S. Abandoned Unintentionally Under
37 CFR 1.137(b), small entity (PTO/SB/64/PCT)...............
Petitions to the Commissioner for international applications. 164 130.00 21,320.00
Petitions to the Commissioner in national stage examination.. 4,877 200.00 975,400.00
Acceptance of an unintentionally delayed claim for priority 294 1,410.00 414,540.00
(37 CFR 1.78(a)(3)).........................................
Request for the restoration of the right of priority......... 453 1,410.00 638,730.00
--------------------------------------------------
Totals................................................... 353,669 .............. 243,676,090.00
----------------------------------------------------------------------------------------------------------------
In addition to the filing fees listed in the table, applicants may
also incur fees for late filings (for filing after thirty months from
the priority date), multiple dependent claims, and lengthy
applications. The fee for the late filing of a search fee, examination
fee, or oath or declaration under 37 CFR 1.492(h) is $130 for large
entities and $65 for small entities. The USPTO estimates that it will
receive approximately 22,677 of these late payment fees for large
entities and 9,331 for small entities per year, for a total of
$3,554,525. 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 2,118 of these late
translation fees per year, for a total of $275,340. The fee for
applications containing a multiple dependent claim is $460 for large
entities and $230 for small entities. The USPTO estimates that it will
receive approximately 2,946 of these multiple dependent claim fees for
large entities and 1,127 for small entities per year, for a total of
$1,614,370. Applications with specifications and drawings that exceed
100 pages may be subject to an application size fee of $320 (or $160
for small entities) for each additional 50 pages or fraction thereof.
The USPTO estimates that it will receive approximately 2,047 of the
$320 size fees from large entities and approximately 831 of the $160
size fees from small entities per year, for a total of $788,000. The
total estimated fees for this collection, including filing fees and
other additional fees, will be approximately $249,908,325 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 46
cents and that up to 17,683 submissions (approximately 5% of responses)
will be mailed to the USPTO per year, for a total estimated postage
cost of $8,134 per year.
The total annual (non-hour) respondent cost burden for this
collection associated with translations, drawings, fees, and postage is
estimated to be $309,719,541 per year.
IV. Request for Comments
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval. All comments will
become a matter of public record.
The USPTO is soliciting public comments to:
(a) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the agency,
including whether the information will have practical utility; (b)
Evaluate the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (c) Enhance the quality, utility, and
clarity of the information to be collected; and (d) Minimize the burden
of the collection of information on those who are to respond, including
through the use of appropriate automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
Dated: January 29, 2013.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2013-02263 Filed 2-1-13; 8:45 am]
BILLING CODE 3510-16-P
