Patent Law Treaty, 63859-63860 [2019-24952]

Download as PDF Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices Postage Costs Customers may incur postage costs when submitting some of the items covered by this collection to the USPTO by mail. The applications to extend patent term under 35 U.S.C. 156 and the initial applications for interim extension under 37 CFR 1.790 cannot be filed electronically. The USPTO expects that 50 percent of these responses will be submitted by mail, resulting in 51 mailed submissions. (The reminder of the submission, in this category will be hand carried to USPTO.) The USPTO expects that approximately 99 percent of the remaining responses in this collection will be submitted electronically. Of the remaining 1 percent, the vast majority will be submitted by mail, resulting in 5 additional mailed submissions. Overall for this collection, 56 mailed submissions are expected per year. The average USPS Priority Mail postage cost for a legal flat rate envelope is estimated to be $7.65. Therefore, the USPTO estimates that the postage costs for the mailed submissions in this collection will total $428. Therefore, the USPTO estimates that the total annual (nonhour) cost burden for this collection, in the form of postage costs and fees is $209,488 per year. khammond on DSKJM1Z7X2PROD with NOTICES IV. Request for Comments Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. USPTO invites public comments on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) 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, e.g., including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, VerDate Sep<11>2014 16:47 Nov 18, 2019 Jkt 250001 e.g., permitting electronic submission of responses. Marcie Lovett, Records and Information Governance Branch, Office of the Chief Administrative Officer, USPTO. [FR Doc. 2019–24953 Filed 11–18–19; 8:45 am] BILLING CODE 1410–30–P DEPARTMENT OF COMMERCE Patent and Trademark Office Patent Law Treaty Notice of renewal of information collection; request for comment. ACTION: The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension of an existing information collection: 0651–0073 (Patent Law Treaty). SUMMARY: Written comments must be submitted on or before January 21, 2020. ADDRESSES: You may submit comments by any of the following methods: • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0073 comment’’ in the subject line of the message. • Federal Rulemaking Portal: http:// www.regulations.gov. • Mail: Marcie Lovett, Records and Information Governance Branch, Office of the Chief Administrative 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 ‘‘0651–0073 comment’’ in the subject line. Additional information about this collection is also available at http:// www.reginfo.gov under ‘‘Information Collection Review.’’ SUPPLEMENTARY INFORMATION: DATES: I. Abstract The Patent Law Treaties Implementation Act of 2012 (PLTIA) amended the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II. PLT Article 13 provides for the restoration of the right of priority where there is a failure to timely claim priority to the prior application, and also where there is a failure to file the PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 63859 subsequent application within twelve months of the filing date of the priority application. Section 201(c) of the PLTIA amended 35 U.S.C. 119 to provide that the twelve month periods set forth in 35 U.S.C. 119(a) and (e) may be extended by an additional two months if the delay in filing an application claiming priority to a foreign application or the benefit of a provisional application within that twelve-month period was unintentional. In December 2013, the USPTO revised its rules of practice for consistency with the PLT and title II of the PLTIA. The information in this collection is necessary so that patent applicants and/ or patentees may seek restoration of the right of priority to a prior-filed foreign application or of the right to the benefit of a prior-filed provisional application. The USPTO will use the petition to restore the right of priority to a priorfiled foreign application or the right to the benefit of a prior-filed provisional application to determine whether the applicant has satisfied the conditions of the applicable statute (35 U.S.C. 119) and regulation (37 CFR 1.55(c) or 1.78(b)). The information in this collection can be submitted electronically through EFS-Web, the USPTO’s Web-based electronic filing system, as well as on paper. The USPTO is therefore accounting for both electronic and paper submissions in this collection. II. Method of Collection Electronically if applicants submit the information using EFS-Web. By mail or hand delivery in paper form. III. Data OMB Number: 0651–0073. Form Number(s): None. Type of Review: Extension of a currently approved collection. Affected Public: Individuals or households; businesses or other forprofits; and not-for-profit institutions. Estimated Number of Respondents: 650 responses per year. The USPTO estimates that 120 responses will be received from small entities. Estimated Time per Response: Approximately 99% of the total responses for this collection will be submitted electronically. The USPTO estimates it will take approximately 60 minutes (1 hour) to complete the information in this collection, including the time it takes for reading the instructions for the forms, gathering the necessary information, completing the forms, and submitting them to the USPTO. The time per response, estimated annual responses, and estimated annual hour burden E:\FR\FM\19NON1.SGM 19NON1 63860 Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices associated with each instrument in this collection are shown in the table below. Estimated Total Annual Respondent Burden Hours: 650 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $284,700.00. The IC No. USPTO expects that attorneys in private firms will complete these applications. The professional hourly rate for intellectual property attorneys is $438. The attorney rates are found in the 2017 Report of the Economic Survey of the Item 1 ........................ Hours Responses (yr) Burden (hrs/yr) Rate ($/hr) Total cost burden (a) (b) (c) = (a x b) (d) (e) = (c x d) 1 325 325 $438.00 $142,350.00 2 ........................ Petition to Restore the Right of Priority under 37 CFR 1.55(c). Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b). 1 325 325 438.00 142,350.00 Total ........... ............................................................... ........................ 650 650 ........................ 284,700.00 Estimated Total Annual (Non-hour) Respondent Cost Burden: $1,130,076.50, based on filing fees and postage costs. Filing Fees There are filing fees associated with this collection. The items with filing fees are listed in the table below. IC No. Item 1 ........................ 2 ........................ 3 ........................ 4 ........................ 5 ........................ 6 ........................ Total ........... khammond on DSKJM1Z7X2PROD with NOTICES America Intellectual Property Law Association (AIPLA). Using this hourly rate, the USPTO estimates that the total respondent cost burden for this collection is $284,700.00 per year. Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) .. Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (small entity). Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (micro entity). Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b). Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (small entity). Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (micro entity). ....................................................................................................................... The USPTO estimates that the total non-hour cost burden associated with the filing fees for this collection will be $1,130,000.00 Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this collection, in the form of fees and postage is $1,130,076.50 per year. Postage Costs IV. Request for Comments Customers may incur postage costs when submitting items covered by this collection to the USPTO by mail. The USPTO expects that approximately 99 percent of the responses in this collection will be submitted electronically. Of the remaining 1 percent, the vast majority (98%) will be submitted by mail, for a total of 10 mailed submissions. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. USPTO invites public comments on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) 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; The average USPS Priority Mail postage cost for a legal flat rate envelop is estimated to be $7.65. The USPTO estimates that the postage costs for the mailed submissions in this collection will total $76.50. VerDate Sep<11>2014 16:47 Nov 18, 2019 Jkt 250001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 Estimated annual responses Filing fee ($) Total non-hour cost burden ($) (a) (b) (a) x (b) = (c) 250 55 $2,000.00 1,000.00 $500,000.00 55,000.00 20 500.00 10,000.00 250 2,000.00 500,000.00 55 1,000.00 55,000.00 20 500.00 10,000.00 650 ........................ 1,130,000.00 (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, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Marcie Lovett, Records and Information Governance Branch, Office of the Chief Administrative Officer, USPTO. [FR Doc. 2019–24952 Filed 11–18–19; 8:45 am] BILLING CODE 1410–30–P E:\FR\FM\19NON1.SGM 19NON1

Agencies

[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Pages 63859-63860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24952]


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

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Patent Law Treaty

ACTION: Notice of renewal of information collection; request for 
comment.

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

SUMMARY: The United States Patent and Trademark Office (USPTO), as 
required by the Paperwork Reduction Act of 1995, invites comments on 
the extension of an existing information collection: 0651-0073 (Patent 
Law Treaty).

DATES: Written comments must be submitted on or before January 21, 
2020.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``0651-
0073 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Marcie Lovett, Records and Information Governance 
Branch, Office of the Chief Administrative 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 ``0651-0073 
comment'' 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 Patent Law Treaties Implementation Act of 2012 (PLTIA) amended 
the patent laws to implement the provisions of the Patent Law Treaty 
(PLT) in title II. PLT Article 13 provides for the restoration of the 
right of priority where there is a failure to timely claim priority to 
the prior application, and also where there is a failure to file the 
subsequent application within twelve months of the filing date of the 
priority application. Section 201(c) of the PLTIA amended 35 U.S.C. 119 
to provide that the twelve month periods set forth in 35 U.S.C. 119(a) 
and (e) may be extended by an additional two months if the delay in 
filing an application claiming priority to a foreign application or the 
benefit of a provisional application within that twelve-month period 
was unintentional. In December 2013, the USPTO revised its rules of 
practice for consistency with the PLT and title II of the PLTIA.
    The information in this collection is necessary so that patent 
applicants and/or patentees may seek restoration of the right of 
priority to a prior-filed foreign application or of the right to the 
benefit of a prior-filed provisional application. The USPTO will use 
the petition to restore the right of priority to a prior-filed foreign 
application or the right to the benefit of a prior-filed provisional 
application to determine whether the applicant has satisfied the 
conditions of the applicable statute (35 U.S.C. 119) and regulation (37 
CFR 1.55(c) or 1.78(b)).
    The information in this collection can be submitted electronically 
through EFS-Web, the USPTO's Web-based electronic filing system, as 
well as on paper. The USPTO is therefore accounting for both electronic 
and paper submissions in this collection.

II. Method of Collection

    Electronically if applicants submit the information using EFS-Web. 
By mail or hand delivery in paper form.

III. Data

    OMB Number: 0651-0073.
    Form Number(s): None.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households; businesses or other 
for-profits; and not-for-profit institutions.
    Estimated Number of Respondents: 650 responses per year. The USPTO 
estimates that 120 responses will be received from small entities.
    Estimated Time per Response: Approximately 99% of the total 
responses for this collection will be submitted electronically. The 
USPTO estimates it will take approximately 60 minutes (1 hour) to 
complete the information in this collection, including the time it 
takes for reading the instructions for the forms, gathering the 
necessary information, completing the forms, and submitting them to the 
USPTO. The time per response, estimated annual responses, and estimated 
annual hour burden

[[Page 63860]]

associated with each instrument in this collection are shown in the 
table below.
    Estimated Total Annual Respondent Burden Hours: 650 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: 
$284,700.00. The USPTO expects that attorneys in private firms will 
complete these applications. The professional hourly rate for 
intellectual property attorneys is $438. The attorney rates are found 
in the 2017 Report of the Economic Survey of the America Intellectual 
Property Law Association (AIPLA). Using this hourly rate, the USPTO 
estimates that the total respondent cost burden for this collection is 
$284,700.00 per year.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                             Responses     Burden (hrs/                     Total cost
                IC No.                                Item                     Hours           (yr)             yr)         Rate ($/hr)       burden
                                                                                     (a)             (b)   (c) = (a x b)             (d)   (e) = (c x d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.....................................  Petition to Restore the Right of               1             325             325         $438.00     $142,350.00
                                         Priority under 37 CFR 1.55(c).
2.....................................  Petition to Restore the Benefit                1             325             325          438.00      142,350.00
                                         of a Prior-Filed Provisional
                                         Application under 37 CFR
                                         1.78(b).
                                                                         -------------------------------------------------------------------------------
    Total.............................  ................................  ..............             650             650  ..............      284,700.00
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual (Non-hour) Respondent Cost Burden: 
$1,130,076.50, based on filing fees and postage costs.

Filing Fees

    There are filing fees associated with this collection. The items 
with filing fees are listed in the table below.

----------------------------------------------------------------------------------------------------------------
                                                                     Estimated                      Total  non-
              IC No.                            Item                  annual        Filing fee      hour  cost
                                                                     responses          ($)         burden  ($)
                                                                             (a)             (b)     (a) x (b) =
                                                                                                             (c)
----------------------------------------------------------------------------------------------------------------
1.................................  Grantable Petition to                    250       $2,000.00     $500,000.00
                                     Restore the Right of
                                     Priority under 37 CFR
                                     1.55(c).
2.................................  Grantable Petition to                     55        1,000.00       55,000.00
                                     Restore the Right of
                                     Priority under 37 CFR
                                     1.55(c) (small entity).
3.................................  Grantable Petition to                     20          500.00       10,000.00
                                     Restore the Right of
                                     Priority under 37 CFR
                                     1.55(c) (micro entity).
4.................................  Grantable Petition to                    250        2,000.00      500,000.00
                                     Restore the Benefit of a
                                     Prior-Filed Provisional
                                     Application under 37 CFR
                                     1.78(b).
5.................................  Grantable Petition to                     55        1,000.00       55,000.00
                                     Restore the Benefit of a
                                     Prior-Filed Provisional
                                     Application under 37 CFR
                                     1.78(b) (small entity).
6.................................  Grantable Petition to                     20          500.00       10,000.00
                                     Restore the Benefit of a
                                     Prior-Filed Provisional
                                     Application under 37 CFR
                                     1.78(b) (micro entity).
                                                                 -----------------------------------------------
    Total.........................  ............................             650  ..............    1,130,000.00
----------------------------------------------------------------------------------------------------------------

    The USPTO estimates that the total non-hour cost burden associated 
with the filing fees for this collection will be $1,130,000.00

Postage Costs

    Customers may incur postage costs when submitting items covered by 
this collection to the USPTO by mail. The USPTO expects that 
approximately 99 percent of the responses in this collection will be 
submitted electronically. Of the remaining 1 percent, the vast majority 
(98%) will be submitted by mail, for a total of 10 mailed submissions.
    The average USPS Priority Mail postage cost for a legal flat rate 
envelop is estimated to be $7.65. The USPTO estimates that the postage 
costs for the mailed submissions in this collection will total $76.50.
    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection, in the form of fees and postage is 
$1,130,076.50 per year.

IV. Request for Comments

    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval. All comments will 
become a matter of public record.
    USPTO invites public comments on:
    (a) Whether the collection of information is necessary for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility;
    (b) 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, e.g, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

Marcie Lovett,
Records and Information Governance Branch, Office of the Chief 
Administrative Officer, USPTO.
[FR Doc. 2019-24952 Filed 11-18-19; 8:45 am]
 BILLING CODE 1410-30-P