Fastener Quality Act Insignia Recordal Process, 1245-1246 [2018-00264]
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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: https://
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
https://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:
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]]>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]
-----------------------------------------------------------------------
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: https://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 https://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
