Proposed Collection; Comment Request; “Rules for Patent Maintenance Fees”, 23430-23433 [2018-10690]

Download as PDF 23430 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices 2 ..................... 3 ..................... 4 ..................... 5 ..................... 6 ..................... Total (ThreeYear Period). Information collection item Estimated annual burden hours (b) (a) x (b) = (c) Rate (S/hr) 5 600 50.00 $204.33 15 120 30 500 400 1,000 125.00 800.00 500.00 $204.33 $204.33 $204.33 10 100,000 16,666.67 $204.33 .............................................................................................. ........................ 143,000 (429,000) 18,475 (55,425) ........................ IV. Request for Comments Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency’s estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized or included in the request for OMB approval of this information collection; they also will become a matter of public record. Marcie Lovett, Records Management Division Director, USPTO, Office of the Chief Information Officer. [FR Doc. 2018–10768 Filed 5–18–18; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE sradovich on DSK3GMQ082PROD with NOTICES Estimated annual responses Questionnaires/Customer Comment Cards/Complaint Forms. Focus Groups/Interviews ..................................................... Small Discussion Groups .................................................... Usability Tests (In-person observation (i.e., Website/Software). ForeSee Surveys (USPTO.GOV) ........................................ Estimated Total Annual (Non-hour) Respondent Cost Burden: $0. There are no capital start-up, maintenance, postage, recordkeeping costs, or any other fees associated with this information collection. Patent and Trademark Office Proposed Collection; Comment Request; ‘‘Rules for Patent Maintenance Fees’’ United States Patent and Trademark Office, Commerce. AGENCY: VerDate Sep<11>2014 Estimated time for response (minutes) (a) IC No. 18:20 May 18, 2018 Jkt 244001 Proposed extension of an existing information collection; comment request. States Patent and Trademark Office (USPTO) charges fees for maintaining in force all utility patents based on applications filed on or after December SUMMARY: The United States Patent and 12, 1980. Payment of these maintenance Trademark Office (USPTO), as part of its fees is due at 31⁄2, 71⁄2, and 111⁄2 years continuing effort to reduce paperwork after the date the patent was granted. If and respondent burden, invites the the USPTO does not receive payment of general public and other Federal the appropriate maintenance fee and agencies to comment on proposed and/ any applicable surcharge within a grace or continuing information collections, period of six months following each of as required by the Paperwork Reduction the above due dates (at 4, 8, or 12 years Act of 1995. after the date of grant), the patent will DATES: Written comments must be expire at that time. After a patent submitted on or before July 20, 2018. expires, it is no longer enforceable. ADDRESSES: Written comments may be Maintenance fees are not required for submitted by any of the following design, plant, or reissue patents if the methods: patent being reissued did not require • Email: InformationCollection@ maintenance fees. uspto.gov. Include ‘‘0651–0016 Rules for Payments of maintenance fees that are Patent Maintenance Fees’’ in the subject submitted during the six-month grace line of the message. period before patent expiration must • Mail: Marcie Lovett, Director, include the appropriate surcharge as Records and Information Governance indicated by 37 CFR 1.20(h). Division, Office of the Chief Technology Submissions of maintenance fee Officer, United States Patent and payments and surcharges must include Trademark Office, P.O. Box 1450, the relevant patent number and the Alexandria, VA 22313–1450. corresponding United States application • Federal Rulemaking Portal: https:// number in order to identify the correct www.regulations.gov. patent and ensure proper crediting of FOR FURTHER INFORMATION CONTACT: the fee being paid. If the USPTO refuses to accept and Requests for additional information record a maintenance fee payment that should be directed to Raul Tamayo, was submitted prior to the expiration of Senior Legal Advisor, Office of Patent a patent, the patentee may petition the Legal Administration, United States Director to accept and record the Patent and Trademark Office (USPTO), maintenance fee under 37 CFR 1.377. P.O. Box 1450, Alexandria, VA 22313– 1450; by telephone at 571–272–7728; or This petition must be accompanied by the fee indicated in 37 CFR 1.17(g), by email at Raul.Tamayo@uspto.gov which may be refunded if it is with ‘‘Paperwork’’ in the subject line. determined that the refusal to accept the Additional information about this maintenance fee was due to an error by collection is also available at https:// the USPTO. www.reginfo.gov under ‘‘Information If a patent has expired due to Collection Review.’’ nonpayment of a maintenance fee, the SUPPLEMENTARY INFORMATION: patentee may petition the Director to I. Abstract accept a delayed payment of the maintenance fee under 37 CFR 1.378. Under 35 U.S.C. § 41 and 37 CFR 1.20(e)–(h) and 1.362–1.378, the United The Director may accept the payment of ACTION: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\21MYN1.SGM 21MYN1 23431 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices a maintenance fee after the expiration of the patent if the petitioner shows to the satisfaction of the Director that the delay in payment was unintentional. Petitions to accept unintentionally delayed payment must also be accompanied by the required maintenance fee and the petition fee as set forth in 37 CFR 1.17(m). If the Director accepts the maintenance fee payment upon petition, then the patent is reinstated. If the USPTO denies a petition to accept delayed payment of a maintenance fee in an expired patent, the patentee may petition the Director to reconsider that decision under 37 CFR 1.378(d). The rules of practice (37 CFR 1.33(d) and 1.363) permit applicants, patentees, assignees, or their representatives of record to specify a ‘‘fee address’’ for correspondence related to maintenance fees that is separate from the correspondence address associated with a patent or application. A fee address must be an address that is associated with a USPTO customer number. Customer numbers may be requested by using the Request for Customer Number Form (PTO/SB/125), which is covered under OMB control number 0651–0035. Maintaining a correct and updated address is necessary so that fee-related correspondence from the USPTO will be properly received by the applicant, patentee, assignee, or authorized representative. If a separate fee address is not specified for a patent or application, the USPTO will direct feerelated correspondence to the correspondence address of record. The USPTO offers forms to assist the public with providing information covered by this collection, including the information necessary to submit a patent maintenance fee payment (PTO/ SB/45) and to designate or change a fee address (PTO/SB/47). The USPTO offers two different versions of the petition to accept unintentionally delayed payment of maintenance fee in an expired patent under 37 CFR 1.378(b). In addition to the basic PDF that may be filled out electronically and then printed and mailed (or submitted online) (Form PTO/SB/66), the USPTO offers a Webbased ePetition, which the public can complete on a computer using a Web browser and then click a submit button to send the information to the USPTO over the internet (ePetition). No form is associated with the petition to the Director to accept and record the maintenance fee under 37 CFR 1.377, or the petition the Director to reconsider a decision to refuse to accept a delayed payment in an expired patent under 37 CFR 1.378(d). Both may be submitted in paper and electronic format. Customers may submit maintenance fee payments and surcharges incurred during the six-month grace period before patent expiration by using the Maintenance Fee Transmittal Form (PTO/SB/45) or by paying online through the USPTO website. However, to pay a maintenance fee after patent expiration, the maintenance fee payment and the petition fee as set forth in 37 CFR 1.17(m) must be filed together with a petition to accept unintentionally delayed payment. The USPTO accepts online maintenance fee payments by credit card, deposit account, or electronic funds transfer (EFT). Otherwise, non-electronic payments may be made by check, credit card, or deposit account. II. Method of Collection By mail, facsimile, hand delivery, or electronically to the USPTO. III. Data OMB Number: 0651–0016. IC Instruments: The individual instruments in this collection, as well as their associated forms, are listed in the table below. IC # Form and function 1 .............................. 2 .............................. 3 .............................. Maintenance Fee Transmittal Form, electronic and paper ................................... Electronic Maintenance Fee Form, electronic ....................................................... Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)), electronic and paper. Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(b))—ePetition, electronic. Petition to Review Refusal to Accept Payment of Maintenance Fee Prior to Expiration of Patent (37 CFR 1.377), electronic and paper. Petition for Reconsideration of Decision on Petition Refusing to Accept Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(d)), electronic and paper. ‘‘Fee Address’’ Indication Form, electronic and paper .......................................... 4 .............................. 5 .............................. 6 .............................. sradovich on DSK3GMQ082PROD with NOTICES 7 .............................. 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: 533,910 responses per year. The USPTO estimates that approximately 25% of these responses will be from small entities. Estimated Time per Response: The USPTO estimates that it will take the public approximately 20 seconds (0.006 hours) to 8 hours to submit the information in this collection, including the time to gather the necessary VerDate Sep<11>2014 18:20 May 18, 2018 Jkt 244001 Form # 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: 13,878.89 hours. Estimated Total Annual Cost Burden (Hourly): $5,117,750.56. The USPTO expects that the information in this collection will be prepared by both attorneys and paralegals. The professional hourly rate for attorneys is PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 PTO/SB/45. No Form Associated. PTO/SB/66. ePetition. No Form Associated. No Form Associated. PTO/SB/47. $438 and the professional hourly rate for paraprofessionals is $145. These rates are established by estimates in the 2017 Report on the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association and the 2017 National Utilization and Compensation Survey published by the National Association of Legal Assistants (NALA). Therefore, the estimated total respondent cost burden for this collection will be approximately $5,117,750.56 per year. E:\FR\FM\21MYN1.SGM 21MYN1 23432 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices 1 ................... Minutes Item 7 ................... Maintenance Fee Transmittal Transactions (PTO/ SB/45). Electronic Maintenance Fee Transactions ................ Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)) (PTO/SB/66). Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)) (PTO/SB/66)—ePetition. Petition to Review Refusal to Accept Payment of Maintenance Fee Prior to Expiration of Patent (37 CFR 1.377). Petition for Reconsideration of Decision on Petition Refusing to Accept Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(d)). ‘‘Fee Address’’ Indication Form (PTO/SB/47) ........... Totals .... .................................................................................... 2 ................... 3 ................... 4 ................... 5 ................... 6 ................... Estimated Total Annual Cost Burden (Non-Hourly): $1,209,457,959.50. This information collection has annual (nonIC # Responses (yr) Burden (hrs/yr) Rate ($/hr) Total cost ($/yr) (a) IC # (b) (c)(a × b)/60 (d) (e)(c × d) 5 11,000 916.67 $145.00 $132,916.67 0.33 60 425,500 300 2,363.89 300 145.00 438.00 342,763.89 131,400.00 60 1,500 1,500 438.00 657,000.00 240 10 40 438.00 17,520.00 480 100 800 438.00 350,400.00 5 95,500 9,137.5 145.00 3,485,750.00 .................... 533,910 13,878.89 .................... 5,117,750.56 hour) cost burden in the form of filing fees and postage costs. In this collection there are filing fees associated with the maintenance of Item patents, which are listed in the table below. 1 ....................... 1 ....................... 1 ....................... 1 ....................... 1 ....................... 1 ....................... 1 ....................... 1 ....................... 1 ....................... 1 ....................... 1 ....................... 1 ....................... 1 ....................... sradovich on DSK3GMQ082PROD with NOTICES 1 ....................... 1 ....................... 1 ....................... 1 ....................... 3 ....................... VerDate Sep<11>2014 For Maintaining an Original or Any Reissue Patent, Due at 3.5 Years (large entity). For Maintaining an Original or Any Reissue Patent, Due at 3.5 Years (small entity). For Maintaining an Original or Any Reissue Patent, Due at 3.5 Years (micro entity). For Maintaining an Original or Any Reissue Patent, Due at 7.5 Years (large entity). For Maintaining an Original or Any Reissue Patent, Due at 7.5 Years (small entity). For Maintaining an Original or Any Reissue Patent, Due at 7.5 Years (micro entity). For Maintaining an Original or Any Reissue Patent, Due at 11.5 Years (large entity). For Maintaining an Original or Any Reissue Patent, Due at 11.5 Years (small entity). For Maintaining an Original or Any Reissue Patent, Due at 11.5 Years (micro entity). Surcharge—3.5 year—Late Payment Within 6 Months (large entity). Surcharge—3.5 year—Late Payment Within 6 Months (small entity). Surcharge—3.5 year—Late Payment Within 6 Months (micro entity). Surcharge—7.5 year—Late Payment Within 6 Months (large entity). Surcharge—7.5 year—Late Payment Within 6 Months (small entity). Surcharge—7.5 year—Late Payment Within 6 Months (micro entity). Surcharge—11.5 year—Late Payment Within 6 Months (large entity). Surcharge—11.5 year—Late Payment Within 6 Months (small entity). Surcharge—11.5 year—Late Payment Within 6 Months (micro entity). Petition for the Delayed Payment of the Fee for Maintaining a Patent in Force (large entity). 18:20 May 18, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Filing fee Burden (a) 1 ....................... Respondents (b) (a) × (b) = (c) ($) 188,800 $1,600.00 *$302,080,000.00 40,800 800.00 32,640,000.00 2,600 400.00 1,040,000.00 96,000 3,600.00 345,600,000.00 16,200 1,800.00 29,160,000.00 900 900.00 810,000.00 61,700 7,400.00 456,580,000.00 9,800 3,700.00 36,260,000.00 500 1,850.00 925,000.00 3,500 160.00 560,000.00 6,200 80.00 496,000.00 700 40.00 28,000.00 2,000 160.00 320,000.00 2,500 80.00 200,000.00 300 40.00 12,000.00 2,200 160.00 352,000.00 1,700 80.00 136,000.00 200 40.00 8,000.00 500 2,000.00 1,000,000.00 E:\FR\FM\21MYN1.SGM 21MYN1 23433 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Notices IC # Item 3 ....................... Totals ........ Petition for Patent in Petition for Patent in Filing fee Burden (a) 3 ....................... Respondents (b) (a) × (b) = (c) ($) the Delayed Payment of the Fee for Maintaining a Force (small entity). the Delayed Payment of the Fee for Maintaining a Force (micro entity). 1,200 1,000.00 1,200,000.00 100 500.00 50,000.00 ........................................................................................................ 438,400 ........................ 1,209,457,000.00 The public may submit the forms and petitions in this collection to the USPTO by mail through the United States Postal Service. If the submission is sent by first-class mail, the public may also include a signed certification of the date of mailing in order to receive credit for timely filing. The USPTO estimates that the average first-class postage cost for a mailed submission will be 50 cents and that approximately 1,919 submissions per year may be mailed to the USPTO, for a total postage cost of $959.50 per year. Responses Item 3 ....................... 7 ....................... (b) (c)(a) × (b) ........................................................................................................ 5 ....................... 6 ....................... The total (non-hour) respondent cost burden for this collection in the form of filing fees and postage costs is estimated to be $1,209,457,959.50 per year. IV. Request for Comments sradovich on DSK3GMQ082PROD with NOTICES Total non-hour cost burden (postage) Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(b)). Petition to Review Refusal to Accept Payment of Maintenance Fee Prior to Expiration of Patent (37 CFR 1.377). Petition for Reconsideration of Decision on Petition Refusing to Accept Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(d)). ‘‘Fee Address’’ Indication Form ..................................................... Totals ........ Postage cost (a) IC # 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; VerDate Sep<11>2014 18:20 May 18, 2018 Jkt 244001 6 $0.50 $3.00 1 0.50 0.50 2 0.50 1.00 1,910 0.50 955.00 1,919 ........................ 959.50 they will also become a matter of public record. Marcie Lovett, Director, Records and Information Governance Division, Office of the Chief Technology Officer, USPTO. [FR Doc. 2018–10690 Filed 5–18–18; 8:45 am] BILLING CODE 3510–16–P COMMODITY FUTURES TRADING COMMISSION Privacy Act of 1974; System of Records Commodity Futures Trading Commission. ACTION: Notice of a new system of records. AGENCY: The Commodity Futures Trading Commission (CFTC or Commission) is establishing a new system of records under the Privacy Act of 1974: CFTC–52, Training Records. New CFTC–52 addresses information collected from individuals who participate in or assist with CFTC training. SUMMARY: Comments must be received on or before June 20, 2018. This action will be effective without further notice on DATES: PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 June 20, 2018, unless revised pursuant to comments received. ADDRESSES: You may submit comments to this notice by any of the following methods: • Agency website, via its Comments Online process: https:// comments.cftc.gov. Follow the instructions for submitting comments through the website. • Federal eRulemaking Portal: Comments may be submitted at https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW, Washington, DC 20581. • Hand Delivery/Courier: Same as Mail, above. Please submit your comments using only one method. All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to https:// www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of E:\FR\FM\21MYN1.SGM 21MYN1

Agencies

[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Notices]
[Pages 23430-23433]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10690]


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

DEPARTMENT OF COMMERCE

 Patent and Trademark Office


Proposed Collection; Comment Request; ``Rules for Patent 
Maintenance Fees''

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Proposed extension of an existing information 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 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 July 20, 2018.

ADDRESSES: Written comments may be submitted by any of the following 
methods:
     Email: [email protected]. Include ``0651-
0016 Rules for Patent Maintenance Fees'' in the subject line of the 
message.
     Mail: Marcie Lovett, Director, Records and Information 
Governance Division, Office of the Chief Technology 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 [email protected] 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

    Under 35 U.S.C. Sec.  41 and 37 CFR 1.20(e)-(h) and 1.362-1.378, 
the United States Patent and Trademark Office (USPTO) charges fees for 
maintaining in force all utility patents based on applications filed on 
or after December 12, 1980. Payment of these maintenance fees is due at 
3\1/2\, 7\1/2\, and 11\1/2\ years after the date the patent was 
granted. If the USPTO does not receive payment of the appropriate 
maintenance fee and any applicable surcharge within a grace period of 
six months following each of the above due dates (at 4, 8, or 12 years 
after the date of grant), the patent will expire at that time. After a 
patent expires, it is no longer enforceable. Maintenance fees are not 
required for design, plant, or reissue patents if the patent being 
reissued did not require maintenance fees.
    Payments of maintenance fees that are submitted during the six-
month grace period before patent expiration must include the 
appropriate surcharge as indicated by 37 CFR 1.20(h). Submissions of 
maintenance fee payments and surcharges must include the relevant 
patent number and the corresponding United States application number in 
order to identify the correct patent and ensure proper crediting of the 
fee being paid.
    If the USPTO refuses to accept and record a maintenance fee payment 
that was submitted prior to the expiration of a patent, the patentee 
may petition the Director to accept and record the maintenance fee 
under 37 CFR 1.377. This petition must be accompanied by the fee 
indicated in 37 CFR 1.17(g), which may be refunded if it is determined 
that the refusal to accept the maintenance fee was due to an error by 
the USPTO.
    If a patent has expired due to nonpayment of a maintenance fee, the 
patentee may petition the Director to accept a delayed payment of the 
maintenance fee under 37 CFR 1.378. The Director may accept the payment 
of

[[Page 23431]]

a maintenance fee after the expiration of the patent if the petitioner 
shows to the satisfaction of the Director that the delay in payment was 
unintentional. Petitions to accept unintentionally delayed payment must 
also be accompanied by the required maintenance fee and the petition 
fee as set forth in 37 CFR 1.17(m). If the Director accepts the 
maintenance fee payment upon petition, then the patent is reinstated. 
If the USPTO denies a petition to accept delayed payment of a 
maintenance fee in an expired patent, the patentee may petition the 
Director to reconsider that decision under 37 CFR 1.378(d).
    The rules of practice (37 CFR 1.33(d) and 1.363) permit applicants, 
patentees, assignees, or their representatives of record to specify a 
``fee address'' for correspondence related to maintenance fees that is 
separate from the correspondence address associated with a patent or 
application. A fee address must be an address that is associated with a 
USPTO customer number. Customer numbers may be requested by using the 
Request for Customer Number Form (PTO/SB/125), which is covered under 
OMB control number 0651-0035. Maintaining a correct and updated address 
is necessary so that fee-related correspondence from the USPTO will be 
properly received by the applicant, patentee, assignee, or authorized 
representative. If a separate fee address is not specified for a patent 
or application, the USPTO will direct fee-related correspondence to the 
correspondence address of record.
    The USPTO offers forms to assist the public with providing 
information covered by this collection, including the information 
necessary to submit a patent maintenance fee payment (PTO/SB/45) and to 
designate or change a fee address (PTO/SB/47). The USPTO offers two 
different versions of the petition to accept unintentionally delayed 
payment of maintenance fee in an expired patent under 37 CFR 1.378(b). 
In addition to the basic PDF that may be filled out electronically and 
then printed and mailed (or submitted online) (Form PTO/SB/66), the 
USPTO offers a Web-based ePetition, which the public can complete on a 
computer using a Web browser and then click a submit button to send the 
information to the USPTO over the internet (ePetition). No form is 
associated with the petition to the Director to accept and record the 
maintenance fee under 37 CFR 1.377, or the petition the Director to 
reconsider a decision to refuse to accept a delayed payment in an 
expired patent under 37 CFR 1.378(d). Both may be submitted in paper 
and electronic format.
    Customers may submit maintenance fee payments and surcharges 
incurred during the six-month grace period before patent expiration by 
using the Maintenance Fee Transmittal Form (PTO/SB/45) or by paying 
online through the USPTO website. However, to pay a maintenance fee 
after patent expiration, the maintenance fee payment and the petition 
fee as set forth in 37 CFR 1.17(m) must be filed together with a 
petition to accept unintentionally delayed payment. The USPTO accepts 
online maintenance fee payments by credit card, deposit account, or 
electronic funds transfer (EFT). Otherwise, non-electronic payments may 
be made by check, credit card, or deposit account.

II. Method of Collection

    By mail, facsimile, hand delivery, or electronically to the USPTO.

III. Data

    OMB Number: 0651-0016.
    IC Instruments: The individual instruments in this collection, as 
well as their associated forms, are listed in the table below.

------------------------------------------------------------------------
             IC #                  Form and function         Form #
------------------------------------------------------------------------
1.............................  Maintenance Fee         PTO/SB/45.
                                 Transmittal Form,
                                 electronic and paper.
2.............................  Electronic Maintenance  No Form
                                 Fee Form, electronic.   Associated.
3.............................  Petition to Accept      PTO/SB/66.
                                 Unintentionally
                                 Delayed Payment of
                                 Maintenance Fee in an
                                 Expired Patent (37
                                 CFR 1.378(b)),
                                 electronic and paper.
4.............................  Petition to Accept      ePetition.
                                 Unintentionally
                                 Delayed Payment of
                                 Maintenance Fee in an
                                 Expired Patent (37
                                 CFR 1.378(b))--
                                 ePetition, electronic.
5.............................  Petition to Review      No Form
                                 Refusal to Accept       Associated.
                                 Payment of
                                 Maintenance Fee Prior
                                 to Expiration of
                                 Patent (37 CFR
                                 1.377), electronic
                                 and paper.
6.............................  Petition for            No Form
                                 Reconsideration of      Associated.
                                 Decision on Petition
                                 Refusing to Accept
                                 Delayed Payment of
                                 Maintenance Fee in an
                                 Expired Patent (37
                                 CFR 1.378(d)),
                                 electronic and paper.
7.............................  ``Fee Address''         PTO/SB/47.
                                 Indication Form,
                                 electronic and paper.
------------------------------------------------------------------------

    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: 533,910 responses per year. The 
USPTO estimates that approximately 25% of these responses will be from 
small entities.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 20 seconds (0.006 hours) to 8 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: 13,878.89 hours.
    Estimated Total Annual Cost Burden (Hourly): $5,117,750.56. The 
USPTO expects that the information in this collection will be prepared 
by both attorneys and paralegals. The professional hourly rate for 
attorneys is $438 and the professional hourly rate for 
paraprofessionals is $145. These rates are established by estimates in 
the 2017 Report on the Economic Survey, published by the Committee on 
Economics of Legal Practice of the American Intellectual Property Law 
Association and the 2017 National Utilization and Compensation Survey 
published by the National Association of Legal Assistants (NALA). 
Therefore, the estimated total respondent cost burden for this 
collection will be approximately $5,117,750.56 per year.

[[Page 23432]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                    Responses   Burden (hrs/              Total cost ($/
                     IC #                                       Item                    Minutes        (yr)         yr)      Rate ($/hr)        yr)
                                                                                              (a)          (b)  (c)(a x b)/          (d)      (e)(c x d)
                                                                                                                         60
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................  Maintenance Fee Transmittal                      5       11,000       916.67      $145.00     $132,916.67
                                                Transactions (PTO/SB/45).
2............................................  Electronic Maintenance Fee                    0.33      425,500     2,363.89       145.00      342,763.89
                                                Transactions.
3............................................  Petition to Accept Unintentionally              60          300          300       438.00      131,400.00
                                                Delayed Payment of Maintenance Fee
                                                in an Expired Patent (37 CFR
                                                1.378(b)) (PTO/SB/66).
4............................................  Petition to Accept Unintentionally              60        1,500        1,500       438.00      657,000.00
                                                Delayed Payment of Maintenance Fee
                                                in an Expired Patent (37 CFR
                                                1.378(b)) (PTO/SB/66)--ePetition.
5............................................  Petition to Review Refusal to Accept           240           10           40       438.00       17,520.00
                                                Payment of Maintenance Fee Prior to
                                                Expiration of Patent (37 CFR 1.377).
6............................................  Petition for Reconsideration of                480          100          800       438.00      350,400.00
                                                Decision on Petition Refusing to
                                                Accept Delayed Payment of
                                                Maintenance Fee in an Expired Patent
                                                (37 CFR 1.378(d)).
7............................................  ``Fee Address'' Indication Form (PTO/            5       95,500      9,137.5       145.00    3,485,750.00
                                                SB/47).
                                                                                     -------------------------------------------------------------------
    Totals...................................  .....................................  ...........      533,910    13,878.89  ...........    5,117,750.56
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Cost Burden (Non-Hourly): $1,209,457,959.50. 
This information collection has annual (non-hour) cost burden in the 
form of filing fees and postage costs.
    In this collection there are filing fees associated with the 
maintenance of patents, which are listed in the table below.

----------------------------------------------------------------------------------------------------------------
              IC #                        Item             Respondents     Filing fee             Burden
                                 ......................             (a)             (b)          (a) x (b) = (c)
                                                                                                             ($)
----------------------------------------------------------------------------------------------------------------
1..............................  For Maintaining an             188,800       $1,600.00         *$302,080,000.00
                                  Original or Any
                                  Reissue Patent, Due
                                  at 3.5 Years (large
                                  entity).
1..............................  For Maintaining an              40,800          800.00            32,640,000.00
                                  Original or Any
                                  Reissue Patent, Due
                                  at 3.5 Years (small
                                  entity).
1..............................  For Maintaining an               2,600          400.00             1,040,000.00
                                  Original or Any
                                  Reissue Patent, Due
                                  at 3.5 Years (micro
                                  entity).
1..............................  For Maintaining an              96,000        3,600.00           345,600,000.00
                                  Original or Any
                                  Reissue Patent, Due
                                  at 7.5 Years (large
                                  entity).
1..............................  For Maintaining an              16,200        1,800.00            29,160,000.00
                                  Original or Any
                                  Reissue Patent, Due
                                  at 7.5 Years (small
                                  entity).
1..............................  For Maintaining an                 900          900.00               810,000.00
                                  Original or Any
                                  Reissue Patent, Due
                                  at 7.5 Years (micro
                                  entity).
1..............................  For Maintaining an              61,700        7,400.00           456,580,000.00
                                  Original or Any
                                  Reissue Patent, Due
                                  at 11.5 Years (large
                                  entity).
1..............................  For Maintaining an               9,800        3,700.00            36,260,000.00
                                  Original or Any
                                  Reissue Patent, Due
                                  at 11.5 Years (small
                                  entity).
1..............................  For Maintaining an                 500        1,850.00               925,000.00
                                  Original or Any
                                  Reissue Patent, Due
                                  at 11.5 Years (micro
                                  entity).
1..............................  Surcharge--3.5 year--            3,500          160.00               560,000.00
                                  Late Payment Within 6
                                  Months (large entity).
1..............................  Surcharge--3.5 year--            6,200           80.00               496,000.00
                                  Late Payment Within 6
                                  Months (small entity).
1..............................  Surcharge--3.5 year--              700           40.00                28,000.00
                                  Late Payment Within 6
                                  Months (micro entity).
1..............................  Surcharge--7.5 year--            2,000          160.00               320,000.00
                                  Late Payment Within 6
                                  Months (large entity).
1..............................  Surcharge--7.5 year--            2,500           80.00               200,000.00
                                  Late Payment Within 6
                                  Months (small entity).
1..............................  Surcharge--7.5 year--              300           40.00                12,000.00
                                  Late Payment Within 6
                                  Months (micro entity).
1..............................  Surcharge--11.5 year--           2,200          160.00               352,000.00
                                  Late Payment Within 6
                                  Months (large entity).
1..............................  Surcharge--11.5 year--           1,700           80.00               136,000.00
                                  Late Payment Within 6
                                  Months (small entity).
1..............................  Surcharge--11.5 year--             200           40.00                 8,000.00
                                  Late Payment Within 6
                                  Months (micro entity).
3..............................  Petition for the                   500        2,000.00             1,000,000.00
                                  Delayed Payment of
                                  the Fee for
                                  Maintaining a Patent
                                  in Force (large
                                  entity).

[[Page 23433]]

 
3..............................  Petition for the                 1,200        1,000.00             1,200,000.00
                                  Delayed Payment of
                                  the Fee for
                                  Maintaining a Patent
                                  in Force (small
                                  entity).
3..............................  Petition for the                   100          500.00                50,000.00
                                  Delayed Payment of
                                  the Fee for
                                  Maintaining a Patent
                                  in Force (micro
                                  entity).
                                                        --------------------------------------------------------
    Totals.....................  ......................         438,400  ..............         1,209,457,000.00
----------------------------------------------------------------------------------------------------------------

    The public may submit the forms and petitions in this collection to 
the USPTO by mail through the United States Postal Service. If the 
submission is sent by first-class mail, the public may also include a 
signed certification of the date of mailing in order to receive credit 
for timely filing. The USPTO estimates that the average first-class 
postage cost for a mailed submission will be 50 cents and that 
approximately 1,919 submissions per year may be mailed to the USPTO, 
for a total postage cost of $959.50 per year.

----------------------------------------------------------------------------------------------------------------
                                                                                           Total non-hour cost
              IC #                        Item              Responses     Postage cost       burden (postage)
----------------------------------------------------------------------------------------------------------------
                                 ......................             (a)             (b)             (c)(a) x (b)
----------------------------------------------------------------------------------------------------------------
3..............................  Petition to Accept                   6           $0.50                    $3.00
                                  Unintentionally
                                  Delayed Payment of
                                  Maintenance Fee in an
                                  Expired Patent (37
                                  CFR 1.378(b)).
5..............................  Petition to Review                   1            0.50                     0.50
                                  Refusal to Accept
                                  Payment of
                                  Maintenance Fee Prior
                                  to Expiration of
                                  Patent (37 CFR 1.377).
6..............................  Petition for                         2            0.50                     1.00
                                  Reconsideration of
                                  Decision on Petition
                                  Refusing to Accept
                                  Delayed Payment of
                                  Maintenance Fee in an
                                  Expired Patent (37
                                  CFR 1.378(d)).
7..............................  ``Fee Address''                  1,910            0.50                   955.00
                                  Indication Form.
                                                        --------------------------------------------------------
    Totals.....................  ......................           1,919  ..............                   959.50
----------------------------------------------------------------------------------------------------------------

    The total (non-hour) respondent cost burden for this collection in 
the form of filing fees and postage costs is estimated to be 
$1,209,457,959.50 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.

Marcie Lovett,
Director, Records and Information Governance Division, Office of the 
Chief Technology Officer, USPTO.
[FR Doc. 2018-10690 Filed 5-18-18; 8:45 am]
 BILLING CODE 3510-16-P