Submission for OMB Review; Comment Request; “Patent Review and Derivation Proceedings”, 58761 [2018-25409]
Download as PDF
<![CDATA[
Federal Register / Vol. 83, No. 225 / Wednesday, November 21, 2018 / Notices
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
khammond on DSK30JT082PROD with NOTICES
Submission for OMB Review;
Comment Request; ‘‘Patent Review
and Derivation Proceedings’’
The United States Patent and
Trademark Office (USPTO) will submit
to the Office of Management and Budget
(OMB) for clearance the following
proposal for collection of information
under the provisions of the Paperwork
Reduction Act (44 U.S.C. Chapter 35).
Agency: United States Patent and
Trademark Office, Commerce
Title: Patent Review and Derivation
Proceedings.
Form Number(s): N/A.
Type of Request: Regular.
Number of Respondents: 11.994
responses per year.
Average Hours per Response: The
USPTO estimates that it will take the
public between an estimated 6 minutes
(0.10 hours) to 165.30 hours to complete
an individual form in this collection.
Burden Hours: 1,474,449 hours.
Cost Burden: $54,307,175 per year.
Needs and Uses: The public will use
this information collection to petition
the Board to seek the institution of—and
to participate in—inter partes reviews,
post-grant reviews, covered business
method patent reviews, and derivation
proceedings.
The Board disseminated information
that it collections (unless filed under
seal) through various publications and
databases. This information collection
includes the filings of the parties and
decisions and orders by the Board in
trials and derivation proceedings.
Opinions authored by the Board have
varying degrees of authority attached to
them. There are precedential opinions
which, when published, are binding and
provide the criteria and authority that
the Board will use to decide all other
factually similar cases (until the opinion
is overruled or changed by statute).
There are informative opinions, which
are non-precedential and illustrate the
norms of Board decision-making for the
public. There are representative
opinions, which are non-precedential
and are publicly available opinions that
are not designed as precedential or
informative. Since public policy favors
a widespread publication of opinions,
the Board publishes all publicly
available opinions, even if the opinions
are not binding precedent upon the
Board.
Affected Public: Businesses or other
for-profits; not-for-profit institutions.
Frequency: On occasion.
VerDate Sep<11>2014
16:08 Nov 20, 2018
Jkt 247001
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
publically available in electronic format
through www.reginfo.gov. Follow the
instructions to view Department of
Commerce collections currently under
review by OMB.
Further information can be obtained
by:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0069 copy
request’’ in the subject line of the
message.
• Mail: Marcie Lovett, Records and
Information Governance Division
Director, Office of the Chief
Administrative Officer, 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 December 21, 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,
Records Management Division Director,
USPTO, Office of the Chief Administrative
Officer.
[FR Doc. 2018–25409 Filed 11–20–18; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
Submission for OMB Review;
Comment Request; ‘‘Matters Related to
First Inventor to File’’
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act.
Agency: United States Patent and
Trademark Office, Commerce.
Title: Matters Related to First Inventor
to File.
OMB Control Number: 0651–0071.
Form Number(s): None.
Type of Request: Regular.
Number of Respondents: 23,681
responses per year.
Average Time per Response: The
USPTO expects that it will take between
2 and 10 hours to respond to the items
in this collection, depending upon the
instrument used. This includes the time
to gather the necessary information,
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
58761
create the document, and submit the
completed request to the USPTO.
Burden Hours: 207,362 hours per
year.
Cost Burden: $80.40 per year.
Needs and Uses: This information
collection is necessary so that patent
applicants and/or patentees may: (1)
Provide a statement if a nonprovisional
application filed on or after March 16,
2013, other than a nonprovisional
international design application, claims
the benefit of, or priority to, the filing
date of a foreign, provisional, or
nonprovisional application filed prior to
March 16, 2013, and also contains, or
contained at any time, a claim to a
claimed invention that has an effective
filing date (as defined in 37 CFR 1.109)
on or after March 16, 2013; (2) identify
the inventorship and ownership or
obligation to assign ownership of each
claimed invention on its effective filing
date (as defined in 37 CFR 1.109) or on
its date of invention, as applicable, in an
application or patent naming one or
more joint inventors, when necessary
for purposes of a USPTO proceeding;
and (3) show that a disclosure was by
the inventor or joint inventor, or was by
a party who obtained the subject matter
from the inventor or a joint inventor, or
that there was a prior public disclosure
by the inventor or a joint inventor, or by
a party who obtained the subject matter
from the inventor or a joint inventor.
The USPTO will use the statement
that a nonprovisional application filed
on or after March 16, 2013, other than
a nonprovisional international design
application, that claims the benefit of, or
priority to, the filing date of a foreign,
provisional, or nonprovisional
application filed prior to March 16,
2013, and contains, or contained at any
time, a claim to a claimed invention that
has an effective filing date (as defined
in 37 CFR 1.109) on or after March 16,
2013, (or lack of such a statement) to
readily determine whether the
nonprovisional application is subject to
the changes to 35 U.S.C. 102 and 103 in
the AIA. The USPTO will use the
identification of the inventorship and
ownership or obligation to assign
ownership when it is necessary to
determine whether a U.S. patent or U.S.
patent application publication resulting
from another nonprovisional
application qualifies as prior art under
35 U.S.C. 102(a)(2) or pre-AIA 35 U.S.C.
102(e). The USPTO will use information
concerning whether a disclosure was by
the inventor or joint inventor, or was by
a party who obtained the subject matter
from the inventor or a joint inventor, or
that there was a prior public disclosure
by the inventor or a joint inventor, or by
a party who obtained the subject matter
E:\FR\FM\21NON1.SGM
21NON1
]]>Agencies
[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Notices]
[Page 58761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25409]
[[Page 58761]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Submission for OMB Review; Comment Request; ``Patent Review and
Derivation Proceedings''
The United States Patent and Trademark Office (USPTO) will submit
to the Office of Management and Budget (OMB) for clearance the
following proposal for collection of information under the provisions
of the Paperwork Reduction Act (44 U.S.C. Chapter 35).
Agency: United States Patent and Trademark Office, Commerce
Title: Patent Review and Derivation Proceedings.
Form Number(s): N/A.
Type of Request: Regular.
Number of Respondents: 11.994 responses per year.
Average Hours per Response: The USPTO estimates that it will take
the public between an estimated 6 minutes (0.10 hours) to 165.30 hours
to complete an individual form in this collection.
Burden Hours: 1,474,449 hours.
Cost Burden: $54,307,175 per year.
Needs and Uses: The public will use this information collection to
petition the Board to seek the institution of--and to participate in--
inter partes reviews, post-grant reviews, covered business method
patent reviews, and derivation proceedings.
The Board disseminated information that it collections (unless
filed under seal) through various publications and databases. This
information collection includes the filings of the parties and
decisions and orders by the Board in trials and derivation proceedings.
Opinions authored by the Board have varying degrees of authority
attached to them. There are precedential opinions which, when
published, are binding and provide the criteria and authority that the
Board will use to decide all other factually similar cases (until the
opinion is overruled or changed by statute). There are informative
opinions, which are non-precedential and illustrate the norms of Board
decision-making for the public. There are representative opinions,
which are non-precedential and are publicly available opinions that are
not designed as precedential or informative. Since public policy favors
a widespread publication of opinions, the Board publishes all publicly
available opinions, even if the opinions are not binding precedent upon
the Board.
Affected Public: Businesses or other for-profits; not-for-profit
institutions.
Frequency: On occasion.
Respondent's Obligation: Required to Obtain or Retain Benefits.
OMB Desk Officer: Nicholas A. Fraser, email:
[email protected].
Once submitted, the request will be publically available in
electronic format through www.reginfo.gov. Follow the instructions to
view Department of Commerce collections currently under review by OMB.
Further information can be obtained by:
Email: [email protected]. Include ``0651-
0069 copy request'' in the subject line of the message.
Mail: Marcie Lovett, Records and Information Governance
Division Director, Office of the Chief Administrative Officer, 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 December 21, 2018 to Nicholas A.
Fraser, OMB Desk Officer, via email to [email protected],
or by fax to 202-395-5167, marked to the attention of Nicholas A.
Fraser.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief
Administrative Officer.
[FR Doc. 2018-25409 Filed 11-20-18; 8:45 am]
BILLING CODE 3510-16-P
