Proposed Collection; Comment Request; “Fee Deficiency Submissions”, 14909-14910 [2015-06442]

Download as PDF 14909 Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF COMMERCE United States Patent and Trademark Office Proposed Collection; Comment Request; ‘‘Fee Deficiency Submissions’’ United States Patent and Trademark Office, Commerce. ACTION: Notice. AGENCY: 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 comment on proposed and/ or continuing information collections, as required by the Paperwork Reduction Act of 1995. DATES: Written comments must be submitted on or before May 19, 2015. ADDRESSES: Written comments may be submitted by any of the following methods: • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0070 Fee Deficiency Submissions’’ in the subject line of the message. • Mail: Marcie Lovett, Records Management Division Director, 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: Requests for additional information should be directed to Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313– 1450; by telephone at 571–272–7728; or by email at Raul.Tamayo@uspto.gov with ‘‘Paperwork’’ in the subject line. Additional information about this collection is also available at https:// www.reginfo.gov under ‘‘Information Collection Review.’’ SUPPLEMENTARY INFORMATION: I. Abstract The Leahy-Smith America Invents Act (‘‘Act’’) was enacted into law on September 16, 2011. Public Law 112–29, 125 Stat. 283 (2011). Under section 10(b) of the Act, eligible small entities shall receive a 50 percent fee reduction from the undiscounted fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. The Act further provides that micro entities shall receive a 75 percent fee reduction from the undiscounted fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. This information collection covers the submissions made by patent applicants and patentees to excuse small and micro entity fee payment errors. Specifically, 37 CFR 1.28(c) provides a procedure by which patent applicants and patentees may be excused for erroneous payments of fees in the small entity amount. 37 CFR 1.29(k) provides a procedure by which patent applicants and patentees may be excused for erroneous payments of fees in the micro entity amount. This information collection is necessary so that patent applicants and patentees may pay the balance of fees due (i.e., make a fee deficiency payment) when a fee was previously paid in error in a micro or small entity amount. The USPTO needs the information to be able to process and properly record a fee deficiency payment to avoid questions arising later either for the USPTO or for the applicant or patentee as to whether the proper fees have been paid in the application or patent. II. Method of Collection The items in this collection may be submitted online using EFS-Web, the USPTO’s Web-based electronic filing system, or on paper by either mail or hand delivery. III. Data OMB Number: 0651–0070. IC Instruments: The individual instruments in this collection, as well as their associated forms, are listed in the table below. IC No. Information collection instrument 1 ........................ 2 ........................ Submissions Under 37 CFR 1.28 (c) ................................................................................................................ Submissions Under 37 CFR 1.29 (k) ................................................................................................................ Type of Review: Regular. Affected Public: Businesses or other for-profits; not-for-profit institutions; individuals or households. Estimated Number of Respondents: 3,000 responses per year. Of this total, the USPTO expects that 2,910 responses will be submitted electronically through EFS-Web and 90 will be submitted on paper. Estimated Time per Response: The USPTO estimates that it will take the public approximately 2 hours to submit the information in this collection, including the time to gather the necessary information, prepare the appropriate form or petition, and submit the completed request to the USPTO. The time per response, estimated annual responses, and estimated annual hour burden associated with each instrument in this information collection is shown in the table below. • No form. • No form. Estimated Total Annual Hour Burden: 6,000 hours. Estimated Total Annual Cost Burden (Hourly): $2,334,000. The USPTO expects that attorneys will complete the instruments associated with this information collection. The professional hourly rate for an attorney is $389. Using this hourly rate, the USPTO estimates $2,334,000 per year for the total hourly costs associated with respondents. 1 ........................ 2 ........................ VerDate Sep<11>2014 Estimated time for response (hours) Estimated annual responses Estimated annual burden hours Rate ($/hr) Total cost ($) (a) Information collection instrument IC No. mstockstill on DSK4VPTVN1PROD with NOTICES Form(s) (b) (a) × (b) = (c) (d) (c) × (d) = (e) Submissions Under 37 CFR 1.28(c). Submissions Under 37 CFR 1.29(k). 20:14 Mar 19, 2015 Jkt 235001 PO 00000 2 4,500 $389.00 $1,750,500.00 2 Frm 00005 2,250 750 1,500 389.00 583,500.00 Fmt 4703 Sfmt 4703 E:\FR\FM\20MRN1.SGM 20MRN1 14910 Federal Register / Vol. 80, No. 54 / Friday, March 20, 2015 / Notices Estimated time for response (hours) Total ........... ................................................... Estimated Total Annual Cost Burden (Non-Hourly): $504.00. There are no capital startup, maintenance, or operating fees are associated with this collection. There are, however, postage costs associated with this collection. Estimated annual responses Estimated annual burden hours Rate ($/hr) Total cost ($) (a) Information collection instrument IC No. (b) (a) × (b) = (c) (d) (c) × (d) = (e) ........................ 3,000 6,000 ........................ 2,334,000.00 postage cost for a mailed one-pound submission will be $5.60 and approximately 90 submissions will be submitted to the USPTO requiring postage. Specifically, customers may incur postage costs when submitting the information in this collection to the USPTO by mail through the United States Postal Service. The USPTO estimates that the average first class Responses (yr) Information collection instrument Postage costs Total non-hour cost burden (yr) (a) No. (b) (a) × (b) = (c) 1 ........................ 2 ........................ Submissions Under 37 CFR 1.28(c) .......................................... Submissions Under 37 CFR 1.29(k) .......................................... 45 45 $5.60 5.60 $252.00 252.00 Total ........... ..................................................................................................... 90 .............................. 504.00 Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of postage costs is $504.00 per year. DEPARTMENT OF COMMERCE IV. Request for Comments Post Patent Provisions of the LeahySmith America Invents Act mstockstill on DSK4VPTVN1PROD with NOTICES 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, including the validity of the methodology and assumptions used; (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, including through the use of automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. 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. United States Patent and Trademark Office United States Patent and Trademark Office, Commerce. ACTION: Notice. AGENCY: Dated: March 13, 2015. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer. 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 comment on proposed and/ or continuing information collections, 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 19, 2015. ADDRESSES: Written comments may be submitted by any of the following methods: • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0067 Post Patent Provisions of the Leahy-Smith America Invents Act’’ in the subject line of the message. • Mail: Marcie Lovett, Records Management Division Director, 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. [FR Doc. 2015–06442 Filed 3–19–15; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 3510–16–P Requests for additional information VerDate Sep<11>2014 20:14 Mar 19, 2015 Jkt 235001 SUMMARY: PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 should be directed to Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313– 1450; by telephone at 571–272–7728; or by email at Raul.Tamayo@uspto.gov with ‘‘Paperwork’’ in the subject line. Additional information about this collection is also available at https:// www.reginfo.gov under ‘‘Information Collection Review.’’ 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. The provisions of 35 U.S.C. 301 and 37 CFR 1.501 govern the ability of a person to submit into the file of an issued patent (i) prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a patent and (ii) written statements of a patent owner filed in a proceeding before a Federal court or the USPTO in which the patent owner took a position on the scope of any claim of the patent. The information 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 therefore accounts for both electronic and paper submissions in this collection. E:\FR\FM\20MRN1.SGM 20MRN1

Agencies

[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 14909-14910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06442]



[[Page 14909]]

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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Proposed Collection; Comment Request; ``Fee Deficiency 
Submissions''

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice.

-----------------------------------------------------------------------

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 comment on 
proposed and/or continuing information collections, as required by the 
Paperwork Reduction Act of 1995.

DATES: Written comments must be submitted on or before May 19, 2015.

ADDRESSES: Written comments may be submitted by any of the following 
methods:
     Email: InformationCollection@uspto.gov. Include ``0651-
0070 Fee Deficiency Submissions'' in the subject line of the message.
     Mail: Marcie Lovett, Records Management Division Director, 
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, Senior Legal Advisor, Office of 
Patent Legal Administration, United States Patent and Trademark Office 
(USPTO), P.O. Box 1450, Alexandria, VA 22313- 1450; by telephone at 
571-272-7728; or by email at Raul.Tamayo@uspto.gov with ``Paperwork'' 
in the subject line. Additional information about this collection is 
also available at https://www.reginfo.gov under ``Information Collection 
Review.''

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The Leahy-Smith America Invents Act (``Act'') was enacted into law 
on September 16, 2011. Public Law 112-29, 125 Stat. 283 (2011). Under 
section 10(b) of the Act, eligible small entities shall receive a 50 
percent fee reduction from the undiscounted fees for filing, searching, 
examining, issuing, appealing, and maintaining patent applications and 
patents. The Act further provides that micro entities shall receive a 
75 percent fee reduction from the undiscounted fees for filing, 
searching, examining, issuing, appealing, and maintaining patent 
applications and patents.
    This information collection covers the submissions made by patent 
applicants and patentees to excuse small and micro entity fee payment 
errors. Specifically, 37 CFR 1.28(c) provides a procedure by which 
patent applicants and patentees may be excused for erroneous payments 
of fees in the small entity amount. 37 CFR 1.29(k) provides a procedure 
by which patent applicants and patentees may be excused for erroneous 
payments of fees in the micro entity amount.
    This information collection is necessary so that patent applicants 
and patentees may pay the balance of fees due (i.e., make a fee 
deficiency payment) when a fee was previously paid in error in a micro 
or small entity amount. The USPTO needs the information to be able to 
process and properly record a fee deficiency payment to avoid questions 
arising later either for the USPTO or for the applicant or patentee as 
to whether the proper fees have been paid in the application or patent.

II. Method of Collection

    The items in this collection may be submitted online using EFS-Web, 
the USPTO's Web-based electronic filing system, or on paper by either 
mail or hand delivery.

III. Data

    OMB Number: 0651-0070.
    IC Instruments: The individual instruments in this collection, as 
well as their associated forms, are listed in the table below.

------------------------------------------------------------------------
                          Information collection
         IC No.                 instrument                Form(s)
------------------------------------------------------------------------
1......................  Submissions Under 37      No form.
                          CFR 1.28 (c).
2......................  Submissions Under 37      No form.
                          CFR 1.29 (k).
------------------------------------------------------------------------

    Type of Review: Regular.
    Affected Public: Businesses or other for-profits; not-for-profit 
institutions; individuals or households.
    Estimated Number of Respondents: 3,000 responses per year. Of this 
total, the USPTO expects that 2,910 responses will be submitted 
electronically through EFS-Web and 90 will be submitted on paper.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 2 hours to submit the information in this 
collection, including the time to gather the necessary information, 
prepare the appropriate form or petition, and submit the completed 
request to the USPTO.
    The time per response, estimated annual responses, and estimated 
annual hour burden associated with each instrument in this information 
collection is shown in the table below.
    Estimated Total Annual Hour Burden: 6,000 hours.
    Estimated Total Annual Cost Burden (Hourly): $2,334,000. The USPTO 
expects that attorneys will complete the instruments associated with 
this information collection. The professional hourly rate for an 
attorney is $389. Using this hourly rate, the USPTO estimates 
$2,334,000 per year for the total hourly costs associated with 
respondents.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Estimated time     Estimated
               IC No.                    Information collection      for response       annual       Estimated annual    Rate ($/hr)     Total cost ($)
                                               instrument               (hours)        responses       burden hours
                                                                               (a)             (b)    (a) x (b) = (c)             (d)    (c) x (d) = (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................  Submissions Under 37 CFR                    2           2,250              4,500         $389.00      $1,750,500.00
                                      1.28(c).
2..................................  Submissions Under 37 CFR                    2             750              1,500          389.00         583,500.00
                                      1.29(k).
                                                                   -------------------------------------------------------------------------------------

[[Page 14910]]

 
    Total..........................  .............................  ..............           3,000              6,000  ..............       2,334,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Cost Burden (Non-Hourly): $504.00. There are 
no capital startup, maintenance, or operating fees are associated with 
this collection. There are, however, postage costs associated with this 
collection. Specifically, customers may incur postage costs when 
submitting the information in this collection to the USPTO by mail 
through the United States Postal Service. The USPTO estimates that the 
average first class postage cost for a mailed one-pound submission will 
be $5.60 and approximately 90 submissions will be submitted to the 
USPTO requiring postage.

----------------------------------------------------------------------------------------------------------------
                                Information collection                                           Total non-hour
             No.                      instrument          Responses  (yr)     Postage costs    cost burden  (yr)
                                                                       (a)                (b)    (a) x (b) = (c)
----------------------------------------------------------------------------------------------------------------
1............................  Submissions Under 37 CFR                 45              $5.60            $252.00
                                1.28(c).
2............................  Submissions Under 37 CFR                 45               5.60             252.00
                                1.29(k).
                                                        --------------------------------------------------------
    Total....................  ........................                 90  .................             504.00
----------------------------------------------------------------------------------------------------------------

    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection, in the form of postage costs is 
$504.00 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, 
including the validity of the methodology and assumptions used; (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, including through the use of automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    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: March 13, 2015.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief 
Information Officer.
[FR Doc. 2015-06442 Filed 3-19-15; 8:45 am]
BILLING CODE 3510-16-P
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