Patent Law Treaty, 63859-63860 [2019-24952]
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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: https://
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 https://
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
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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: https://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 https://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
