Patent Term Extension, 63857-63859 [2019-24953]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices
Estimated
annual
responses
Amount
Total Postage/Packaging ............................................................................
........................
........................
448,236.65
Total Annual (Non-Hour) Cost Burden ................................................
........................
........................
2,823,236.65
Item No.
Item/type of cost
Therefore, the USPTO estimates that
the total (non-hour) respondent cost
burden for this collection in the form of
capital start-up costs and postage costs
is $2,823,236.
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. 2019–24951 Filed 11–18–19; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Term Extension
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: 0651–0020 (Patent Term
Extension).
DATES: Written comments must be
submitted on or before January 21, 2020.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
63857
16:47 Nov 18, 2019
Jkt 250001
You may submit comments
by any of the following methods:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0020
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 Administration 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, P.O. Box
1450, Alexandria, VA 22313–1450; by
telephone at 571–272–7728; or by email
to Raul.Tamayo@uspto.gov with ‘‘0651–
0020 comment’’ in the subject line.
Additional information about this
collection is also available at https://
www.reginfo.gov under ‘‘Information
Collection Review.’’
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Abstract
The patent term restoration portion of
the Drug Price Competition and Patent
Term Restoration Act of 1984 (Pub. L.
98–417), which is codified at 35 U.S.C.
156, permits the United States Patent
and Trademark Office (USPTO) to
extend the term of protection under a
patent to compensate for delay during
regulatory review and approval by the
Food and Drug Administration (FDA) or
Department of Agriculture. Only patents
for drug products, medical devices, food
additives, or color additives are
potentially eligible for extension. The
maximum length that a patent may be
extended under 35 U.S.C. 156 is five
years. The USPTO administers 35 U.S.C.
156 through 37 CFR 1.710–1.791.
This collection covers information
gathered in patent term extension
applications submitted under 35 U.S.C.
156(d). Under this provision, an
application for patent term extension
must identify the approved product; the
patent to be extended; and the claims
included in the patent that cover the
approved product, a method of using
the approved product, or a method of
manufacturing the approved product. 35
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
Totals
U.S.C. 156(d) also requires the
application for patent term extension to
provide a brief description of the
activities undertaken by the applicant
during the regulatory review period
with respect to the approved product
and the significant dates of these
activities.
This collection also covers
information gathered in requests for
interim extensions pursuant to 35 U.S.C.
156(e). Under this provision an interim
extension may be granted if the term of
an eligible patent for which an
application for patent term extension
has been submitted would expire before
a certificate of extension is issued.
Under 35 U.S.C. 156(d)(5), an interim
extension may be granted if the
applicable regulatory review period that
began for a product is reasonably
expected to extend beyond the
expiration of the patent term in effect.
In addition, this collection covers
requests for review of final eligibility
decisions, and to withdraw an
application requesting a patent term
extension after it is submitted.
Separate from the extension
provisions of 35 U.S.C. 156, the USPTO
may in some cases extend the term of an
original patent under the provisions at
35 U.S.C. 154 due to certain delays in
the prosecution of the patent
application, including delays caused by
interference proceedings, secrecy
orders, or appellate review by the Patent
Trial and Appeal Board or a Federal
court in which the patent is issued
pursuant to a decision reversing an
adverse determination of patentability.
The USPTO administers 35 U.S.C. 154
through 37 CFR 1.701–1.705. The patent
term provisions of 35 U.S.C. 154(b), as
amended by Title IV, Subtitle D of the
Intellectual Property and
Communications Omnibus Reform Act
of 1999, allow the applicant an
opportunity to request reconsideration
of the USPTO’s patent term adjustment
determination. This collection covers
information gathered in such a request.
In addition, this collection covers
instances when the USPTO may reduce
the amount of patent term adjustment
granted if delays were caused by an
applicant’s failure to make a reasonable
effort to respond within three months of
the mailing date of a communication
from the USPTO. Applicants may
E:\FR\FM\19NON1.SGM
19NON1
63858
Federal Register / Vol. 84, No. 223 / Tuesday, November 19, 2019 / Notices
petition for reinstatement of a reduction
in patent term adjustment with a
showing that, in spite of all due care,
the applicant was unable to respond to
a communication from the USPTO
within the three-month period.
The information in this collection is
used by the USPTO to consider whether
an applicant is eligible for a patent term
extension or reconsideration of a patent
term adjustment and, if so, to determine
the length of the patent term extension
or adjustment.
II. Method of Collection
By mail, facsimile, hand delivery, or
electronically to the USPTO.
No.
III. Data
OMB Number: 0651–0020.
IC Instruments and Forms: There are
no forms associated with this collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Businesses or other
for-profits; not-for-profit institutions.
Estimated Number of Respondents:
620 responses per year. The USPTO
estimates that approximately 25% (155)
of these responses will be from small
entities.
Estimated Time per Response: The
USPTO estimates that it will take the
public from 1 to 25 hours, depending on
the complexity of the situation, to gather
the necessary information, prepare the
Item
1 ........................
2 ........................
3 ........................
4 ........................
5 ........................
6 ........................
7 ........................
8 ........................
9 ........................
10 ......................
11 ......................
Total ...........
Estimated
annual
responses
Estimated
annual burden
hours
Rate
($/hr)
Total hourly
cost burden
($/hr)
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
25
100
2,500
$438.00
$1,095,000.00
1
10
10
438.00
4,380.00
25
4
100
438.00
43,800.00
20
2
40
438.00
17,520.00
1
1
1
438.00
438.00
1
2
35
1
35
2
438.00
438.00
15,330.00
876.00
2
1
2
438.00
876.00
3
450
1,350
438.00
591,300.00
4
15
60
438.00
26,280.00
2
1
2
438.00
876.00
...............................................................
........................
620
4,102
........................
1,796,676.00
associated with this collection. There
are, however, annual (non-hour) costs in
the form of postage costs and fees.
No.
khammond on DSKJM1Z7X2PROD with NOTICES
Estimated time
for response
(hours)
Application to Extend Patent Term
Under 35 U.S.C. 156.
Request for Interim Extension Under
35 U.S.C. 156(e)(2).
Petition to Review Final Eligibility Decision Under 37 CFR 1.750.
Initial Application for Interim Extension
Under 37 CFR 1.790.
Subsequent Application for Interim Extension Under 37 CFR 1.790.
Response to Requirement to Elect ......
Response to Request to Identify Holder of Regulatory Approval.
Declaration to Withdraw an Application
to Extend Patent Term.
Petition for Reconsideration of Patent
Term Adjustment Determination.
Petition for Reinstatement of Reduced
Patent Term Adjustment.
Petition to Accord a Filing Date to an
Application Under 37 CFR 1.740 for
Extension of a Patent Term.
Estimated Total Annual (Non-hour)
Respondent Cost Burden: $209,488.
There are no capital startup,
maintenance, or operating fees
1
2
3
4
5
appropriate documents, and submit the
information to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 4,102 hours.
Estimated Total Annual Respondent
(Hourly) Cost Burden: $1,796,676.00.
The USPTO expects that attorneys 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 $1,796,676.00 per year.
Item
Filing Fees
There are filing fees associated with
this collection. The items with filing
fees are listed in the table below.
Estimated
annual
responses
Filing fee
($)
Total
non-hour cost
burden
($)
(a)
(b)
(a) × (b) = (c)
........................
........................
........................
........................
........................
Filing an application for patent term adjustment ..........................................
Request for reinstatement of term reduced .................................................
Extension of term of patent ..........................................................................
Initial application for interim extension (see 37 CFR 1.790) ........................
Subsequent application for interim extension (see 37 CFR 1.790) .............
450
15
100
2
1
$200
400
1,120
420
220
$90,000.00
6,000.00
112,000.00
840.00
220.00
Total ...........
.......................................................................................................................
........................
2,360.00
209,060.00
VerDate Sep<11>2014
16:47 Nov 18, 2019
Jkt 250001
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
E:\FR\FM\19NON1.SGM
19NON1
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
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
]]>Agencies
[Federal Register Volume 84, Number 223 (Tuesday, November 19, 2019)]
[Notices]
[Pages 63857-63859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24953]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Term Extension
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: 0651-0020 (Patent
Term Extension).
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-
0020 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 Administration 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,
P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728;
or by email to [email protected] with ``0651-0020 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 term restoration portion of the Drug Price Competition
and Patent Term Restoration Act of 1984 (Pub. L. 98-417), which is
codified at 35 U.S.C. 156, permits the United States Patent and
Trademark Office (USPTO) to extend the term of protection under a
patent to compensate for delay during regulatory review and approval by
the Food and Drug Administration (FDA) or Department of Agriculture.
Only patents for drug products, medical devices, food additives, or
color additives are potentially eligible for extension. The maximum
length that a patent may be extended under 35 U.S.C. 156 is five years.
The USPTO administers 35 U.S.C. 156 through 37 CFR 1.710-1.791.
This collection covers information gathered in patent term
extension applications submitted under 35 U.S.C. 156(d). Under this
provision, an application for patent term extension must identify the
approved product; the patent to be extended; and the claims included in
the patent that cover the approved product, a method of using the
approved product, or a method of manufacturing the approved product. 35
U.S.C. 156(d) also requires the application for patent term extension
to provide a brief description of the activities undertaken by the
applicant during the regulatory review period with respect to the
approved product and the significant dates of these activities.
This collection also covers information gathered in requests for
interim extensions pursuant to 35 U.S.C. 156(e). Under this provision
an interim extension may be granted if the term of an eligible patent
for which an application for patent term extension has been submitted
would expire before a certificate of extension is issued. Under 35
U.S.C. 156(d)(5), an interim extension may be granted if the applicable
regulatory review period that began for a product is reasonably
expected to extend beyond the expiration of the patent term in effect.
In addition, this collection covers requests for review of final
eligibility decisions, and to withdraw an application requesting a
patent term extension after it is submitted.
Separate from the extension provisions of 35 U.S.C. 156, the USPTO
may in some cases extend the term of an original patent under the
provisions at 35 U.S.C. 154 due to certain delays in the prosecution of
the patent application, including delays caused by interference
proceedings, secrecy orders, or appellate review by the Patent Trial
and Appeal Board or a Federal court in which the patent is issued
pursuant to a decision reversing an adverse determination of
patentability. The USPTO administers 35 U.S.C. 154 through 37 CFR
1.701-1.705. The patent term provisions of 35 U.S.C. 154(b), as amended
by Title IV, Subtitle D of the Intellectual Property and Communications
Omnibus Reform Act of 1999, allow the applicant an opportunity to
request reconsideration of the USPTO's patent term adjustment
determination. This collection covers information gathered in such a
request. In addition, this collection covers instances when the USPTO
may reduce the amount of patent term adjustment granted if delays were
caused by an applicant's failure to make a reasonable effort to respond
within three months of the mailing date of a communication from the
USPTO. Applicants may
[[Page 63858]]
petition for reinstatement of a reduction in patent term adjustment
with a showing that, in spite of all due care, the applicant was unable
to respond to a communication from the USPTO within the three-month
period.
The information in this collection is used by the USPTO to consider
whether an applicant is eligible for a patent term extension or
reconsideration of a patent term adjustment and, if so, to determine
the length of the patent term extension or adjustment.
II. Method of Collection
By mail, facsimile, hand delivery, or electronically to the USPTO.
III. Data
OMB Number: 0651-0020.
IC Instruments and Forms: There are no forms associated with this
collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Businesses or other for-profits; not-for-profit
institutions.
Estimated Number of Respondents: 620 responses per year. The USPTO
estimates that approximately 25% (155) of these responses will be from
small entities.
Estimated Time per Response: The USPTO estimates that it will take
the public from 1 to 25 hours, depending on the complexity of the
situation, to gather the necessary information, prepare the appropriate
documents, and submit the information to the USPTO.
Estimated Total Annual Respondent Burden Hours: 4,102 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden:
$1,796,676.00. The USPTO expects that attorneys 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 $1,796,676.00
per year.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated time Estimated Estimated Total hourly
No. Item for response annual annual burden Rate ($/hr) cost burden ($/
(hours) responses hours hr)
(a) (b) (a) x (b) = (d) (c) x (d) =
(c) (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................... Application to Extend Patent 25 100 2,500 $438.00 $1,095,000.00
Term Under 35 U.S.C. 156.
2..................................... Request for Interim Extension 1 10 10 438.00 4,380.00
Under 35 U.S.C. 156(e)(2).
3..................................... Petition to Review Final 25 4 100 438.00 43,800.00
Eligibility Decision Under 37
CFR 1.750.
4..................................... Initial Application for Interim 20 2 40 438.00 17,520.00
Extension Under 37 CFR 1.790.
5..................................... Subsequent Application for 1 1 1 438.00 438.00
Interim Extension Under 37 CFR
1.790.
6..................................... Response to Requirement to Elect 1 35 35 438.00 15,330.00
7..................................... Response to Request to Identify 2 1 2 438.00 876.00
Holder of Regulatory Approval.
8..................................... Declaration to Withdraw an 2 1 2 438.00 876.00
Application to Extend Patent
Term.
9..................................... Petition for Reconsideration of 3 450 1,350 438.00 591,300.00
Patent Term Adjustment
Determination.
10.................................... Petition for Reinstatement of 4 15 60 438.00 26,280.00
Reduced Patent Term Adjustment.
11.................................... Petition to Accord a Filing Date 2 1 2 438.00 876.00
to an Application Under 37 CFR
1.740 for Extension of a Patent
Term.
-------------------------------------------------------------------------------
Total............................. ................................ .............. 620 4,102 .............. 1,796,676.00
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Total Annual (Non-hour) Respondent Cost Burden: $209,488.
There are no capital startup, maintenance, or operating fees associated
with this collection. There are, however, annual (non-hour) costs in
the form of postage costs and fees.
Filing Fees
There are filing fees associated with this collection. The items
with filing fees are listed in the table below.
----------------------------------------------------------------------------------------------------------------
Estimated Total non-hour
No. Item annual Filing fee ($) cost burden
responses ($)
(a) (b) (a) x (b) =
(c)
----------------------------------------------------------------------------------------------------------------
1................................. Filing an application for 450 $200 $90,000.00
patent term adjustment.
2................................. Request for reinstatement of 15 400 6,000.00
term reduced.
3................................. Extension of term of patent. 100 1,120 112,000.00
4................................. Initial application for 2 420 840.00
interim extension (see 37
CFR 1.790).
5................................. Subsequent application for 1 220 220.00
interim extension (see 37
CFR 1.790).
-----------------------------------------------
Total......................... ............................ .............. 2,360.00 209,060.00
----------------------------------------------------------------------------------------------------------------
[[Page 63859]]
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 (non-hour) cost burden for this
collection, in the form of postage costs and fees is $209,488 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. 2019-24953 Filed 11-18-19; 8:45 am]
BILLING CODE 1410-30-P
