Fastener Quality Act Insignia Recordal Process, 1245-1246 [2018-00264]

Download as PDF daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices implement the PLT and title II of the PLTIA, the USPTO provided that, in order to be accorded a filing date, a nonprovisional application (other than an application for a design patent) must include a specification with or without claims. See Changes To Implement the Patent Law Treaty, 78 FR 62367, 62369 (Oct. 21, 2013) (final rule). This change was effective on December 18, 2013, and applies to any application filed under 35 U.S.C. 111 on or after December 18, 2013. Although a claim is not required in a nonprovisional application (other than an application for a design patent) for filing date purposes and the applicant may file an amendment adding additional claims (as prescribed by 35 U.S.C. 112) and drawings (as prescribed by 35 U.S.C. 113) later during prosecution, the applicant should consider the benefits of submitting a complete set of claims and any necessary drawings on filing of the nonprovisional application. This would reduce the likelihood that any claims and/or drawings added later during prosecution might be found to contain new matter. Also, if a patent is granted and the patentee is successful in litigation against an infringer, provisional rights to a reasonable royalty under 35 U.S.C. 154(d) may be available only if the claims that are published in the patent application publication are substantially identical to the patented claims that are infringed, assuming timely actual notice is provided. Thus, the importance of the claims that are included in the patent application publication should not be overlooked. Applicants are also advised that the extended missing parts period does not affect the 12-month priority period provided by the Paris Convention for the Protection of Industrial Property (Paris Convention). Accordingly, in most cases, any foreign filings must still be made within 12 months of the filing date of the provisional application if the applicant wishes to rely on the provisional application in the foreignfiled application or if protection is desired in a country requiring filing within 12 months of the earliest application for which rights are left outstanding in order to be entitled to priority. For additional reminders, see Pilot Program for Extended Time Period To Reply to a Notice to File Missing Parts of Nonprovisional Application, 75 FR 76401, 76405 (Dec. 8, 2010), 1362 Off. Gaz. Pat. Office 44, 50 (Jan. 4, 2011). VerDate Sep<11>2014 18:23 Jan 09, 2018 Jkt 244001 Dated: January 5, 2018. Joseph D. Matal, Associate Solicitor, performing the functions and duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2018–00270 Filed 1–9–18; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE United States Patent and Trademark Office Fastener Quality Act Insignia Recordal Process Proposed extension of an existing information collection; comment request. ACTION: The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing information collection: 0651–0028 (Fastener Quality Act Insignia Recordal Act). DATES: Written comments must be submitted on or before March 12, 2018. ADDRESSES: You may submit comments by any of the following methods: • Email: InformationCollection@ upsto.gov. Include ‘‘0651–0028 comment’’ in the subject line of the message. • Federal Rulemaking Portal: http:// www.regulations.gov. • Mail: Marcie Lovett, Records and Information Governance Division Director, Office of the Chief Technology Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Catherine Cain, Attorney Advisor, Office of the Commissioner for Trademarks, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313– 1450; by telephone at 571–272–8946; or by email to Catherine.Cain@uspto.gov with ‘‘0651–0028 comment’’ in the subject line. Additional information about this collection is also available at http://www.reginfor.gov under ‘‘Information Collection Review.’’ SUPPLEMENTARY INFORMATION: SUMMARY: I. Abstract Under Section 5 of the Fastener Quality Act (FQA) of 1999, 15 U.S.C. 5401 et seq., certain industrial fasteners must bear an insignia identifying the manufacturer. It is also mandatory for manufacturers of fasteners covered by PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 1245 the FQA to submit an application to the USPTO for recordal of the insignia on the Fastener Insignia Register. The procedures for the recordal of fastener insignia under the FQA are set forth in 15 CFR 280.300 et seq. The purpose of requiring both the insignia and the recordation is to ensure that certain fasteners can be traced to their manufacturers and to protect against the sale of mismarked, misrepresented, or counterfeit fasteners. The insignia may be sourced from an existing trademark registered at USPTO, from a trademark that is proposed in an application to obtain a registration currently before the USPTO, or from a unique alphanumeric designation issued upon request from the USPTO. After a manufacturer submits a complete application for recordal, the USPTO issues a Certificate of Recordal. These certificates remain active for five years. Applications to renew the certificates must be filed within six months of the expiration date or, upon payment of an additional surcharge, within six months following the expiration date. If a recorded alphanumeric designation is assigned by the manufacturer to a new owner, the designation becomes ‘‘inactive’’ and the new owner must submit an application to reactivate the designation within six months of the date of assignment. If the recordal is based on a trademark application or registration and the registration is assigned to a new owner, the recordal becomes ‘‘inactive’’ and cannot be reassigned. Instead, the new owner of the trademark application or registration must apply for a new recordal. Manufacturers who record insignia must notify the USPTO of any changes of address. This information collection includes one form, the Application for Recordal of Insignia or Renewal/Reactivation of Recordal Under the Fastener Quality Act (PTO–1611), which provides manufacturers with a convenient way to submit a request for the recordal of a fastener insignia or to renew or reactivate an existing Certificate of Renewal. The public uses this information collection to comply with the insignia recordal provisions of the FQA. The USPTO uses the information in this collection to record or renew insignias under the FQA and to maintain the Fastener Insignia Register, which is open for public inspection and is updated quarterly. The public may download the Fastener Insignia Register from the USPTO website. E:\FR\FM\10JAN1.SGM 10JAN1 1246 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices III. Method of Collection By mail, facsimile, hand delivery, or electronic submission to the USPTO. III. Data OMB Number: 0651–0028. IC Instruments and Forms: PTO–1611. Type of Review: Revision of a Previously Existing Information Collection. Affected Public: Businesses or other for-profits. Estimated Number of Respondents: 96 responses per year. Estimated Time per Response: The USPTO estimates that it will take the public approximately 20 minutes (0.33 hours) to gather the necessary information, prepare the form, and submit the request for recordal or renewal of a fastener insignia to the USPTO. Estimated Total Annual Respondent Burden Hours: 32 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $4,640.00. The USPTO estimates that a paraprofessional will complete these applications. The professional hourly rate for a paraprofessional is $145. The rate is established by estimates in the 2016 Report on the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association. 1 ............... Totals Estimated time for responses (hours) Item Estimated annual responses Estimated annual burden cost (a) IC No. (b) (c) (a) × (b) (d) (e) (c) × (d) 0.33 96 32 $145.00 $4,640.00 ........................................................................ ........................ 96 32 ........................ 4,640.00 Customers may incur postage costs when submitting some of the items covered by this collection to the USPTO by mail. The USPTO expects that approximately 98% of the response in this collection will be submitted electronically. Of the remaining 2%, will be submitted by mail for a total of 2 mailed submissions. The average cost IC No. Items 1a ........................ for a first-class, 1-ounce large envelope is $0.98. Therefore, the USPTO estimates that the postage costs for the mailed submissions in this collection will total $1.96. There are two filing fees associated with this collection, which total $2,120.00. These fees are detailed in the table below. Filing an application for recordal of insignia or renewal/reactivation of recordal. Surcharge for filing six months after the expiration date—Filing an application for recordal of insignia or renewal/reactivation of recordal. 1b ........................ Totals ........... Responses IV. Request for Comments Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection. They also will become a matter of public record. 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 18:23 Jan 09, 2018 Jkt 244001 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. Marcie Lovett, Records and Information Governance Division Director, OCTO, United States Patent and Trademark Office. [FR Doc. 2018–00264 Filed 1–9–18; 8:45 am] BILLING CODE 3510–16–P PO 00000 Filing fee Filing fee costs 96 $20.00 $1,920.00 10 20.00 200.00 106 ..................................................................................................................... Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this collection in the form of filing fees ($2,120.00) and postage costs ($1.96) is $2,121.96 per year. daltland on DSKBBV9HB2PROD with NOTICES Estimated annual hourly cost ($) Applications for Recordal of Insignia or Renewal/Reactivation of Recordal Under the Fastener Quality Act. Estimate Total Annual Non-hour Respondent Cost Burden: $2,121.96. There are no capital start-up, recordkeeping, or maintenance costs associated with this information collection. However, this collection does have annual (non-hour) costs in the form of filing fees and postage costs. VerDate Sep<11>2014 Rate ........................ 2,120.00 DEPARTMENT OF ENERGY Fusion Energy Sciences Advisory Committee (FESAC); Meeting Department of Energy, Office of Science. ACTION: Notice of open meeting. AGENCY: This notice announces a meeting of the Fusion Energy Sciences Advisory Committee (FESAC). The Federal Advisory Committee Act requires that public notice of these meetings be announced in the Federal Register. DATES: February 1, 2018—8:30 a.m. to 5:00 p.m. February 2, 2018—8:30 a.m. to 12:00 noon. SUMMARY: Gaithersburg Marriott Washingtonian Center, 9751 ADDRESSES: Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\10JAN1.SGM 10JAN1

Agencies

[Federal Register Volume 83, Number 7 (Wednesday, January 10, 2018)]
[Notices]
[Pages 1245-1246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00264]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Fastener Quality Act Insignia Recordal Process

ACTION: Proposed extension of an existing information collection; 
comment request.

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

SUMMARY: The United States Patent and Trademark Office (USPTO), as 
required by the Paperwork Reduction Act of 1995, invites comments on a 
proposed extension of an existing information collection: 0651-0028 
(Fastener Quality Act Insignia Recordal Act).

DATES: Written comments must be submitted on or before March 12, 2018.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``0651-
0028 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Marcie Lovett, Records and Information Governance 
Division Director, Office of the Chief Technology Officer, United 
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 
22313-1450.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Catherine Cain, Attorney Advisor, Office of the 
Commissioner for Trademarks, United States Patent and Trademark Office, 
P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-8946; 
or by email to [email protected] with ``0651-0028 comment'' in 
the subject line. Additional information about this collection is also 
available at http://www.reginfor.gov under ``Information Collection 
Review.''

SUPPLEMENTARY INFORMATION:

I. Abstract

    Under Section 5 of the Fastener Quality Act (FQA) of 1999, 15 
U.S.C. 5401 et seq., certain industrial fasteners must bear an insignia 
identifying the manufacturer. It is also mandatory for manufacturers of 
fasteners covered by the FQA to submit an application to the USPTO for 
recordal of the insignia on the Fastener Insignia Register.
    The procedures for the recordal of fastener insignia under the FQA 
are set forth in 15 CFR 280.300 et seq. The purpose of requiring both 
the insignia and the recordation is to ensure that certain fasteners 
can be traced to their manufacturers and to protect against the sale of 
mismarked, misrepresented, or counterfeit fasteners.
    The insignia may be sourced from an existing trademark registered 
at USPTO, from a trademark that is proposed in an application to obtain 
a registration currently before the USPTO, or from a unique 
alphanumeric designation issued upon request from the USPTO. After a 
manufacturer submits a complete application for recordal, the USPTO 
issues a Certificate of Recordal. These certificates remain active for 
five years. Applications to renew the certificates must be filed within 
six months of the expiration date or, upon payment of an additional 
surcharge, within six months following the expiration date.
    If a recorded alphanumeric designation is assigned by the 
manufacturer to a new owner, the designation becomes ``inactive'' and 
the new owner must submit an application to reactivate the designation 
within six months of the date of assignment. If the recordal is based 
on a trademark application or registration and the registration is 
assigned to a new owner, the recordal becomes ``inactive'' and cannot 
be reassigned. Instead, the new owner of the trademark application or 
registration must apply for a new recordal. Manufacturers who record 
insignia must notify the USPTO of any changes of address.
    This information collection includes one form, the Application for 
Recordal of Insignia or Renewal/Reactivation of Recordal Under the 
Fastener Quality Act (PTO-1611), which provides manufacturers with a 
convenient way to submit a request for the recordal of a fastener 
insignia or to renew or reactivate an existing Certificate of Renewal.
    The public uses this information collection to comply with the 
insignia recordal provisions of the FQA. The USPTO uses the information 
in this collection to record or renew insignias under the FQA and to 
maintain the Fastener Insignia Register, which is open for public 
inspection and is updated quarterly. The public may download the 
Fastener Insignia Register from the USPTO website.

[[Page 1246]]

III. Method of Collection

    By mail, facsimile, hand delivery, or electronic submission to the 
USPTO.

III. Data

    OMB Number: 0651-0028.
    IC Instruments and Forms: PTO-1611.
    Type of Review: Revision of a Previously Existing Information 
Collection.
    Affected Public: Businesses or other for-profits.
    Estimated Number of Respondents: 96 responses per year.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 20 minutes (0.33 hours) to gather the 
necessary information, prepare the form, and submit the request for 
recordal or renewal of a fastener insignia to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 32 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: $4,640.00. 
The USPTO estimates that a paraprofessional will complete these 
applications. The professional hourly rate for a paraprofessional is 
$145. The rate is established by estimates in the 2016 Report on the 
Economic Survey, published by the Committee on Economics of Legal 
Practice of the American Intellectual Property Law Association.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Estimated time     Estimated       Estimated                       Estimated
                 IC No.                                Item                for responses      annual       annual burden       Rate        annual hourly
                                                                              (hours)        responses         cost                          cost ($)
                                                                                     (a)             (b)             (c)             (d)             (e)
                                                                                                               (a) x (b)                       (c) x (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1......................................  Applications for Recordal of               0.33              96              32         $145.00       $4,640.00
                                          Insignia or Renewal/
                                          Reactivation of Recordal Under
                                          the Fastener Quality Act.
                                                                         -------------------------------------------------------------------------------
    Totals.............................  ...............................  ..............              96              32  ..............        4,640.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimate Total Annual Non-hour Respondent Cost Burden: $2,121.96. 
There are no capital start-up, recordkeeping, or maintenance costs 
associated with this information collection. However, this collection 
does have annual (non-hour) costs in the form of filing fees and 
postage costs.
    Customers may incur postage costs when submitting some of the items 
covered by this collection to the USPTO by mail. The USPTO expects that 
approximately 98% of the response in this collection will be submitted 
electronically. Of the remaining 2%, will be submitted by mail for a 
total of 2 mailed submissions. The average cost for a first-class, 1-
ounce large envelope is $0.98. Therefore, the USPTO estimates that the 
postage costs for the mailed submissions in this collection will total 
$1.96.
    There are two filing fees associated with this collection, which 
total $2,120.00. These fees are detailed in the table below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Filing fee
               IC No.                           Items                Responses      Filing fee         costs
----------------------------------------------------------------------------------------------------------------
1a.................................  Filing an application for                96          $20.00       $1,920.00
                                      recordal of insignia or
                                      renewal/reactivation of
                                      recordal.
1b.................................  Surcharge for filing six                 10           20.00          200.00
                                      months after the
                                      expiration date--Filing an
                                      application for recordal
                                      of insignia or renewal/
                                      reactivation of recordal.
                                                                 -----------------------------------------------
    Totals.........................  ...........................             106  ..............        2,120.00
----------------------------------------------------------------------------------------------------------------

    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection in the form of filing fees ($2,120.00) 
and postage costs ($1.96) is $2,121.96 per year.

IV. Request for Comments

    Comments submitted in response to this notice will be summarized or 
included in the request for OMB approval of this information 
collection. They also will become a matter of public record.
    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.

Marcie Lovett,
Records and Information Governance Division Director, OCTO, United 
States Patent and Trademark Office.
[FR Doc. 2018-00264 Filed 1-9-18; 8:45 am]
BILLING CODE 3510-16-P