Proposed Collection; Comment Request; Fee Deficiency Submissions, 34834-34835 [2018-15612]

Download as PDF 34834 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices Average Hours per Response: 14,500 hours. Cost Burden: $74,160. Needs and Uses: The public uses this information collection to contribute submissions and protests to the quality of issued patents. The USPTO will use this information, as appropriate, during the patent examination process to assist in evaluating the patent application. Frequency: On occasion. Respondent’s Obligation: Required to Obtain or Retain Benefits. OMB Desk Officer: Nicholas A. Fraser, email: Nicholas_A._Fraser@ omb.eop.gov. Once submitted, the request will be publicly available in electronic format through www.regino.gov. Follow the instructions to view the Department of Commerce collections currently under review by OMB. Further information can be obtained by: • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0062 copy request’’ in the subject line of the message. • Mail: Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–1450. Written comments and recommendations for the proposed information collection should be sent on or before August 22, 2018 to Nicholas A. Fraser, OMB Desk Officer, via email to Nicholas_A._Fraser@omb.eop.gov, or by fax to 202–395–5167, marked to the attention of Nicholas A. Fraser. Marcie Lovett, Director, Records & Information Governance Division (RIGD), Office of the Chief Technology Officer, Office of the Chief Information Officer, United States Patent and Trademark Office. [FR Doc. 2018–15611 Filed 7–20–18; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE Patent and Trademark Office Proposed Collection; Comment Request; Fee Deficiency Submissions United States Patent and Trademark Office, Commerce. ACTION: Proposed collection, comment request. amozie on DSK3GDR082PROD with NOTICES1 AGENCY: The United States Patent and Trademark Office (USPTO), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public to comment on the proposed renewal of this information SUMMARY: VerDate Sep<11>2014 17:59 Jul 20, 2018 Jkt 244001 collection, as required by the Paperwork Reduction Act. DATES: Written comments must be submitted on or before September 21, 2018. Written comments may be submitted by any of the following methods: • Email: InformationCollection@ uspto.gov. Include ‘‘0070 Fee Deficiency Submissions’’ in the subject line of the message. • Federal Rulemaking Portal: http:// www.regulations.gov. • 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. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office (USPTO), P.O. Box 1450, Alexandria, VA 22313– 1450; by telephone at 571–272–7728; or by email at Raul.Tamayo@uspto.gov with ‘‘Information Collection: 0070’’ in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under ‘‘Information Collection Review.’’ SUPPLEMENTARY INFORMATION: ADDRESSES: I. Abstract The Leahy-Smith America Invents Act (‘‘Act’’) was enacted into law on September 16, 2011 (Pub. L. 112–29, 125 Stat. 283 (2011)). Under section 10(b) of the Act, eligible small entities shall receive a 50 percent fee reduction from the undiscounted fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. The Act further provides that micro entities shall receive a 75 percent fee reduction from the undiscounted fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. This information collection covers the submissions made by patent applicants and patentees to excuse fee payment errors that result from changes in their small or micro entity status, in accordance with the procedures set forth in 37 CFR 1.28(c) and 1.29(k). Specifically, 37 CFR 1.28(c) provides a procedure by which patent applicants and patentees may be excused for erroneous payments of fees in the small entity amount. 37 CFR 1.29(k) provides a procedure by which patent applicants and patentees may be excused for PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 erroneous payments of fees in the micro entity amount. Applicants who change their entity status may need to submit additional payments in order to have their applications associated with the correct category. A small or micro entity can be established in good faith, and a patent applicant pay a maintenance fee as a small or micro entity in good faith but later discover that such status was established in error or that through errors USPTO was not notified of a loss of entitlement to such status. The USPTO will excuse the error if a deficiency payment and other requirements are submitted in compliance with 37 CFR 1.28(c) or 1.29(k). This is known as a ‘‘1.28(c) petition’’ or ‘‘1.29(k) petition.’’ Thus, this information collection is necessary so that patent applicants and patentees may pay the balance of fees due (i.e., fee deficiency payment) in instances when the micro or small entity fee amount was paid in error. The USPTO requires the information in order to process and properly record a fee deficiency payment, and to avoid questions arising later, either for the USPTO or for the applicant or patentee as to whether the proper fees have been paid in the application or patent. Failure to correct to the error in entity status will result in the charging of patent application fees that correspond with the correct entity status at the discretion of the Agency. If these fees are not paid, patent protection lapses and rights provided by the patent are no longer enforceable. II. Method of Collection The items in this collection may be submitted online using EFS-Web, the USPTO’s Web-based electronic filing system, or on paper by either mail or hand delivery. III. Data OMB Number: 0651–0070. IC Instruments: There are no forms in this collection. Type of Review: Renewal of a previously existing information collection. Affected Public: Businesses or other for-profits; not-for-profit institutions; individuals or households. Estimated Number of Respondents: 2,500 responses per year. Of this total, the USPTO expects that 2,450 responses will be submitted electronically through EFS-Web and 50 will be submitted on paper. Estimated Time per Response: The USPTO estimates that it will take the public approximately 2 hours to submit the information in this collection, E:\FR\FM\23JYN1.SGM 23JYN1 34835 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 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: 5,000 hours. Estimated Total Annual Cost Burden (Hourly): $2,190,000.00. The USPTO expects that attorneys will complete the instruments associated with this information collection. The professional hourly rate used for the calculation is the $438 average rate for attorneys in private firms as published in the 2017 Report of the Economic Survey by the American Intellectual Property Law Association (AIPLA). Using this hourly rate, the USPTO estimates $2,190,000.00 per year for the total hourly costs associated with respondents. Estimated time for response (hours) Information collection instrument Estimated annual responses Estimated annual burden hours Rate ($/hr) Total cost ($/hr) (a) IC No. (b) (a) × (b) = (c) (d) (c) × (d) = (e) 1 ............... 2 ............... Submissions Under 37 CFR 1.28(c) .................................. Submissions Under 37 CFR 1.29(k) .................................. 2 2 1,875 625 3,750 1,250 $438.00 438.00 $1,642,500.00 547,500.00 Total .. ............................................................................................. ........................ 2,500 5,000 ........................ 2,190,000.00 Estimated Total Annual Cost Burden (Non-Hourly): $335.00. There are no capital startup, maintenance, or operating fees are associated with this collection. There are, however, postage costs associated with this collection. postage cost for a one-pound, priority mail submission will be $6.70 and approximately 60 submissions will be submitted to the USPTO requiring postage. Specifically, customers may incur postage costs when submitting the information in this collection to the USPTO by mail through the United States Postal Service. The USPTO estimates that the average first class 1 ............. 2 ............. Total Information collection instrument Postage costs Total non-hour cost burden (yr) (b) (a) × (b) = (c) Submissions Under 37 CFR 1.28(c) ................................................................. Submissions Under 37 CFR 1.29(k) ................................................................. 38 12 $6.70 6.70 $254.60 80.40 ............................................................................................................................ 50 ........................ 335.00 Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of postage costs is $335.00 per year. IV. Request for Comments amozie on DSK3GDR082PROD with NOTICES1 Responses (yr) (a) IC No. 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 17:59 Jul 20, 2018 Jkt 244001 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. 2018–15612 Filed 7–20–18; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF DEFENSE Office of the Secretary Defense Science Board; Notice of Federal Advisory Committee Meeting Under Secretary of Defense for Research and Engineering, Defense Science Board, Department of Defense. AGENCY: Notice of Federal Advisory Committee Meeting. ACTION: The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Science Board (DSB) will take place. SUMMARY: PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 July 18, 2018 from 8:00 a.m. to 5:00 p.m.–July 19, 2018 from 8:00 a.m. to 3:00 p.m. ADDRESSES: The Executive Conference Center, 4075 Wilson Boulevard, 3rd Floor, Arlington, VA 22203. FOR FURTHER INFORMATION CONTACT: Defense Science Board Designated Federal Officer (DFO) Mr. Edward C. Gliot, (703) 571–0079 (Voice), (703) 697–1860 (Facsimile), edward.c.gliot.civ@mail.mil (Email). Mailing address is Defense Science Board, 3140 Defense Pentagon, Room 3B888A, Washington, DC 20301–3140. Website: http://www.acq.osd.mil/dsb/. The most up-to-date changes to the meeting agenda can be found on the website. DATES: Due to circumstances beyond the control of the Department of Defense (DoD) and the Designated Federal Officer, the Defense Science Board was unable to provide public notification required by 41 CFR 102–3.150(a) concerning the meeting on July 18 through 19, 2018, of the Defense Science Board. Accordingly, the Advisory Committee Management Officer for the Department of Defense, SUPPLEMENTARY INFORMATION: E:\FR\FM\23JYN1.SGM 23JYN1

Agencies

[Federal Register Volume 83, Number 141 (Monday, July 23, 2018)]
[Notices]
[Pages 34834-34835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15612]


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

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Proposed Collection; Comment Request; Fee Deficiency Submissions

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Proposed collection, comment request.

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

SUMMARY: The United States Patent and Trademark Office (USPTO), as part 
of its continuing effort to reduce paperwork and respondent burden, 
invites the general public to comment on the proposed renewal of this 
information collection, as required by the Paperwork Reduction Act.

DATES: Written comments must be submitted on or before September 21, 
2018.

ADDRESSES: Written comments may be submitted by any of the following 
methods:
     Email: [email protected]. Include ``0070 Fee 
Deficiency Submissions'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     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.

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 ``Information 
Collection: 0070'' in the subject line. Additional information about 
this collection is also available at http://www.reginfo.gov under 
``Information Collection Review.''

SUPPLEMENTARY INFORMATION: 

I. Abstract

    The Leahy-Smith America Invents Act (``Act'') was enacted into law 
on September 16, 2011 (Pub. L. 112-29, 125 Stat. 283 (2011)). Under 
section 10(b) of the Act, eligible small entities shall receive a 50 
percent fee reduction from the undiscounted fees for filing, searching, 
examining, issuing, appealing, and maintaining patent applications and 
patents. The Act further provides that micro entities shall receive a 
75 percent fee reduction from the undiscounted fees for filing, 
searching, examining, issuing, appealing, and maintaining patent 
applications and patents.
    This information collection covers the submissions made by patent 
applicants and patentees to excuse fee payment errors that result from 
changes in their small or micro entity status, in accordance with the 
procedures set forth in 37 CFR 1.28(c) and 1.29(k). Specifically, 37 
CFR 1.28(c) provides a procedure by which patent applicants and 
patentees may be excused for erroneous payments of fees in the small 
entity amount. 37 CFR 1.29(k) provides a procedure by which patent 
applicants and patentees may be excused for erroneous payments of fees 
in the micro entity amount.
    Applicants who change their entity status may need to submit 
additional payments in order to have their applications associated with 
the correct category. A small or micro entity can be established in 
good faith, and a patent applicant pay a maintenance fee as a small or 
micro entity in good faith but later discover that such status was 
established in error or that through errors USPTO was not notified of a 
loss of entitlement to such status. The USPTO will excuse the error if 
a deficiency payment and other requirements are submitted in compliance 
with 37 CFR 1.28(c) or 1.29(k). This is known as a ``1.28(c) petition'' 
or ``1.29(k) petition.''
    Thus, this information collection is necessary so that patent 
applicants and patentees may pay the balance of fees due (i.e., fee 
deficiency payment) in instances when the micro or small entity fee 
amount was paid in error. The USPTO requires the information in order 
to process and properly record a fee deficiency payment, and to avoid 
questions arising later, either for the USPTO or for the applicant or 
patentee as to whether the proper fees have been paid in the 
application or patent. Failure to correct to the error in entity status 
will result in the charging of patent application fees that correspond 
with the correct entity status at the discretion of the Agency. If 
these fees are not paid, patent protection lapses and rights provided 
by the patent are no longer enforceable.

II. Method of Collection

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

III. Data

    OMB Number: 0651-0070.
    IC Instruments: There are no forms in this collection.
    Type of Review: Renewal of a previously existing information 
collection.
    Affected Public: Businesses or other for-profits; not-for-profit 
institutions; individuals or households.
    Estimated Number of Respondents: 2,500 responses per year. Of this 
total, the USPTO expects that 2,450 responses will be submitted 
electronically through EFS-Web and 50 will be submitted on paper.
    Estimated Time per Response: The USPTO estimates that it will take 
the public approximately 2 hours to submit the information in this 
collection,

[[Page 34835]]

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: 5,000 hours.
    Estimated Total Annual Cost Burden (Hourly): $2,190,000.00. The 
USPTO expects that attorneys will complete the instruments associated 
with this information collection. The professional hourly rate used for 
the calculation is the $438 average rate for attorneys in private firms 
as published in the 2017 Report of the Economic Survey by the American 
Intellectual Property Law Association (AIPLA). Using this hourly rate, 
the USPTO estimates $2,190,000.00 per year for the total hourly costs 
associated with respondents.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Estimated time     Estimated
             IC No.              Information collection instrument   for response       annual       Estimated annual    Rate ($/hr)   Total cost ($/hr)
                                                                        (hours)        responses       burden hours
                                 .................................             (a)             (b)    (a) x (b) = (c)             (d)    (c) x (d) = (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..............................  Submissions Under 37 CFR 1.28(c).               2           1,875              3,750         $438.00      $1,642,500.00
2..............................  Submissions Under 37 CFR 1.29(k).               2             625              1,250          438.00         547,500.00
                                                                   -------------------------------------------------------------------------------------
    Total......................  .................................  ..............           2,500              5,000  ..............       2,190,000.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Cost Burden (Non-Hourly): $335.00. There are 
no capital startup, maintenance, or operating fees are associated with 
this collection. There are, however, postage costs associated with this 
collection. Specifically, customers may incur postage costs when 
submitting the information in this collection to the USPTO by mail 
through the United States Postal Service. The USPTO estimates that the 
average first class postage cost for a one-pound, priority mail 
submission will be $6.70 and approximately 60 submissions will be 
submitted to the USPTO requiring postage.

----------------------------------------------------------------------------------------------------------------
                                   Information collection                                        Total non-hour
           IC No.                        instrument            Responses (yr)   Postage costs   cost burden (yr)
                              ...............................             (a)             (b)    (a) x (b) = (c)
----------------------------------------------------------------------------------------------------------------
1...........................  Submissions Under 37 CFR                     38           $6.70            $254.60
                               1.28(c).
2...........................  Submissions Under 37 CFR                     12            6.70              80.40
                               1.29(k).
                                                              --------------------------------------------------
    Total...................  ...............................              50  ..............             335.00
----------------------------------------------------------------------------------------------------------------

    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection, in the form of postage costs is 
$335.00 per year.

IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information shall have practical 
utility; (b) the accuracy of the agency's estimate of the burden 
(including hours and cost) of the proposed collection of information, 
including the validity of the methodology and assumptions used; (c) 
ways to enhance the quality, utility, and clarity of the information to 
be collected; and (d) ways to minimize the burden of the collection of 
information on respondents, including through the use of automated 
collection techniques or other forms of information technology, e.g., 
permitting electronic submission of responses.
    Comments submitted in response to this notice will be summarized or 
included in the request for OMB approval of this information 
collection; they will also become a matter of public record.

Marcie Lovett,
Director, Records and Information Governance Division, Office of the 
Chief Technology Officer, USPTO.
[FR Doc. 2018-15612 Filed 7-20-18; 8:45 am]
 BILLING CODE 3510-16-P