Secrecy and License to Export, 64873-64876 [2019-25510]
Download as PDF
<![CDATA[
Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Notices
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before January 24, 2020.
ADDRESSES: Direct all written comments
to John W. Hounsell, Program Manager,
Office of Program Management,
National Technical Information Service,
Department of Commerce, 5301
Shawnee Road, Alexandria, VA 22312
(or at PRAcomments@doc.gov). All
comments received are part of the
public record. Comments will generally
be posted without change. All
Personally Identifiable Information (for
example, name and address) voluntarily
submitted by the commenter may be
publicly accessible. Do not submit
Confidential Business Information or
otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to John W. Hounsell, at email:
jhounsell@ntis.gov or telephone: 703–
605–6184.
SUPPLEMENTARY INFORMATION:
I. Abstract
This notice informs the public that
the National Technical Information
Service (NTIS) is requesting the renewal
of an information collection described
in Section II for use in connection with
the final rule entitled ‘‘Certification
Program for Access to the Death Master
File.’’ The final rule was published on
June 1, 2016 and became effective on
November 28, 2016. The information
collection described in Section II, was
approved and became effective on
January 3, 2017.
II. Method of Collection
Title of Information Collection:
‘‘Limited Access Death Master File
Certification Form’’ (Certification Form).
Description of the need for the
information and the proposed use: NTIS
issued a final rule establishing a
program through which persons may
become eligible to obtain access to
Death Master File (DMF) information
about an individual within three years
of that individual’s death (81 FR 34882,
June 1, 2016). The final rule was
promulgated under Section 203 of the
Bipartisan Budget Act of 2013, Public
Law 113–67 (Act). The Act prohibits the
Secretary of Commerce (Secretary) from
disclosing DMF information during the
three-year period following an
individual’s death (Limited Access
DMF), unless the person requesting the
information has been certified to access
the Limited Access DMF pursuant to
VerDate Sep<11>2014
17:31 Nov 22, 2019
Jkt 250001
certain criteria in a program that the
Secretary establishes. The Secretary
delegated the authority to carry out
Section 203 to the Director of NTIS.
The final rule requires that a Person
seeking access to the Limited Access
Death Master File establish a legitimate
fraud prevention interest or legitimate
business purpose pursuant to a law,
governmental rule, regulation, or
fiduciary duty. The Certification Form
collects information that NTIS will use
to evaluate whether the respondent
qualifies to receive the Limited Access
Death Master File under the rule.
III. Data
OMB Control Number: 0692–0013.
Form Number(s): NTIS FM161.
Type of Review: Regular submission.
Renewal of currently approved
collection.
Affected Public: Members of the
public seeking certification or renewal
of certification for access to the Limited
Access Death Master File under the final
rule for the ‘‘Certification Program for
Access to the Death Master File.’’
Estimated Number of Respondents:
NTIS expects to receive approximately
250 applications and renewals for
certification every year.
Estimated Time per Response: 2.5
hours.
Estimated Total Annual Burden
Hours: 625 (250 × 2.5 hour = 625 hours).
Estimated Total Annual Cost to
Public: NTIS expects to receive
approximately 250 applications
annually at a fee of $2,930 per
application, for a total cost to the public
of $732,500. In addition, NTIS expects
that preparation of the application will
require a senior administrative staff
person 2.5 hours at a rate of $100/hour,
for a total cost to the public of $62,500
(625 total burden hours × $100/hour =
$62,500). NTIS estimates the total
annual cost to the public to be $795,000
($732,500 in fees + $62,500 in staff time
= $795,000). The total annual cost
reflects the cost to the Federal
Government, which consists of the
expenses associated with NTIS
personnel reviewing and processing the
Certification Application Forms.
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; (c)
ways to enhance the quality, utility, and
clarity of the information to be
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
64873
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including the potential
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Sheleen Dumas,
Departmental Lead PRA Officer, Office of the
Chief Information Officer, Commerce
Department.
[FR Doc. 2019–25431 Filed 11–22–19; 8:45 am]
BILLING CODE 3510–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Secrecy and License to Export
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: 0651–0034 (Secrecy and
License to Export).
DATES: Written comments must be
submitted on or before January 24, 2020.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0034
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
22313–145.
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
‘‘Paperwork’’ in the subject line.
Additional information about this
collection is also available at https://
www.reginfo.gov under ‘‘Information
Collection Review.’’
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\25NON1.SGM
25NON1
64874
Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Notices
I. Abstract
In the interest of national security,
patent laws and rules place certain
limitations on the disclosure of
information contained in patents and
patent applications and on the filing of
applications for patents in foreign
countries.
In particular, whenever the
publication or disclosure of an
invention by the publication of an
application or by the granting of a
patent is, in the opinion of the head of
an interested Government agency,
determined to be detrimental to national
security, the Commissioner for Patents
at the USPTO must issue a secrecy order
and withhold the publication of a patent
application and the grant of a patent for
such period as the national interest
requires. A patent will not be issued on
the application, nor will the application
be published, as long as the secrecy
order is in effect. If a secrecy order is
applied to an international application,
the application will not be forwarded to
the International Bureau as long as the
secrecy order is in effect.
The Commissioner for Patents can
issue three types of secrecy orders, each
of a different scope. The first type,
Secrecy Order and Permit for Foreign
Filing in Certain Countries, is intended
to permit the widest utilization of the
technical data in the patent application
while still controlling any publication
or disclosure that would result in an
unlawful exportation. The second type,
the Secrecy Order and Permit for
Disclosing Classified Information, is to
treat classified technical data presented
in a patent application in the same
manner as any other classified material.
The first and second types of secrecy
orders involve the Department of
Defense. The third type of secrecy order
is used where the other types of orders
do not apply, including orders issued by
direction of agencies other than the
Department of Defense.
Under the provision of 35 U.S.C. 181,
a secrecy order remains in effect for a
period of one year from its date of
issuance. A secrecy order may be
renewed for additional periods of not
Number
1 ..................
2 ..................
3 ..................
VerDate Sep<11>2014
more than one year upon notice by a
government agency that the national
interest continues to require the order.
USPTO notifies the applicant of the
renewal.
This information collection covers
information gathered in petitions for
permits to allow disclosure,
modification, or rescission of the
secrecy order, or to obtain a general or
group permit when the USPTO places a
secrecy order on a patent application. In
each of these circumstances, the petition
is forwarded to the appropriate agency
for decision. Also, the Commissioner for
Patents at the USPTO may rescind any
order upon notification by the heads of
the departments and the chief officers of
the requesting agencies that the
disclosure of the invention is no longer
deemed detrimental to the national
security.
Unless expressly ordered otherwise,
action on the application by the USPTO
and prosecution by the applicant will
proceed during the time an application
is under secrecy order to one of the
specific points identified at 37 CFR 5.3.
For example, as set forth at 37 CFR
5.3(a), national applications under
secrecy order that come to a final
rejection must be appealed or otherwise
prosecuted to avoid abandonment.
Applicants must complete the appeals
in such cases, but unless specifically
indicated by the Commissioner for
Patents at the USPTO, the appeals will
not be set for hearing until the secrecy
order is removed.
In addition, this collection covers
information gathered with respect to
foreign filing licenses. The filing of a
patent application is considered a
request for a foreign filing license.
However, in some instances an
applicant may need a license for filing
a patent application in foreign countries
prior to a filing in the USPTO or sooner
than the anticipated licensing of a
pending patent application.
For such circumstances, this
collection covers petitions for a foreign
filing license either with or without a
corresponding United States
application. In addition, this collection
covers petitions to change the scope of
Item
Jkt 250001
PO 00000
II. Method of Collection
By mail, facsimile or hand carried to
the USPTO.
III. Data
OMB Number: 0651–0034.
Form Number(s): There are no forms
associated with this collection.
Type of Review: Extension of a
currently approved collection.
Affected Public: Individuals or
households; Businesses or other forprofits; not-for-profit institutions.
Estimated Number of Respondents:
4,434 responses per year. The USPTO
estimates that approximately 20%
(886.80) of these responses will be from
small entities.
Estimated Time per Response: The
USPTO estimates that it will take the
public from 30 minutes (0.5 hours) to 4
hours to gather the necessary
information, prepare the appropriate
documents, and submit the information
required for this collection.
Estimated Total Annual Respondent
Burden Hours: 2,797.50 hours.
Estimated Total Annual Respondent
Cost Burden: $1,225,305. The USPTO
expects that the information in this
collection will be prepared by
intellectual property attorneys at an
estimated rate of $438 per hour. 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
respondent cost burden for this
collection will be approximately
$1,225,305 per year.
Estimated
time for
response
(hours)
Estimated
annual
responses
Estimated
annual
burden hours
Rate ($/hr)
Total cost
burden
(a)
(b)
(a) × (b)/60 = (c)
(d)
(e) (c × d)
Petition for Rescission of Secrecy
Order.
Petition to Disclose or Modification of
Secrecy Order.
Petition for General and Group Permits
17:31 Nov 22, 2019
a license and petitions for a retroactive
license for instances when a patent
application is filed through error in a
foreign country without the appropriate
filing license.
This collection includes the
information needed by the USPTO to
review the various types of petitions
regarding secrecy orders and foreign
filing licenses. This collection of
information is required by 35 U.S.C.
181–188 and administered through 37
CFR 5.1–5.33.
Frm 00055
3.0
10
30
$438
$13,140
2.0
20
40
438
17,520
1.0
1
1
438
438
Fmt 4703
Sfmt 4703
E:\FR\FM\25NON1.SGM
25NON1
64875
Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Notices
Number
4 ..................
Item
Estimated
time for
response
(hours)
Estimated
annual
responses
Estimated
annual
burden hours
Rate ($/hr)
Total cost
burden
(a)
(b)
(a) × (b)/60 = (c)
(d)
(e) (c × d)
0.5
4,000
2,000
438
876,000
0.5
250
125
438
54,750
6 ..................
7 ..................
Petition for Expedited Handling of License (no corresponding application).
Petition for Expedited Handling of License (corresponding U.S. application).
Petition for Changing Scope of License
Petition for Retroactive License ...........
0.5
4.0
3
150
1.5
600
438
438
657
262,800
Totals ...
..........................................................
........................
4,434
2,797.50
........................
1,225,305
5 ..................
Estimated Total Annual (Non-hour)
Respondent Cost Burden: $788,286.60.
There are no capital start-up,
maintenance, or record keeping costs
associated with this information
collection. However, this collection
does have annual (non-hour) costs in
the form of filing fees for the foreign
filing petitions and postage costs. No
fees are associated with the secrecy
order petitions.
The license petitions all charge the 37
CFR 1.17(g) fee, for which small and
micro entity discounts recently have
Number
4 ...................
4 ...................
Responses
Filing fee
($)
Total
non-hour
cost burden
(a)
(b)
(a) × (b) (c)
3,200
720
$200.00
100.00
$640,000.00
72,000.00
80
50.00
4,000.00
200
45
200.00
100.00
40,000.00
4,500.00
5
50.00
250.00
...................
...................
...................
...................
...................
...................
Petition for Expedited Handling of License (no corresponding application) .....
Petition for Expedited Handling of License (no corresponding application)
(small entity).
Petition for Expedited Handling of License (no corresponding application)
(micro entity).
Petition for Expedited Handling of License (corresponding U.S. application) ..
Petition for Expedited Handling of License (corresponding U.S. application)
(small entity).
Petition for Expedited Handling of License (corresponding U.S. application)
(micro entity).
Petition for Changing Scope of License ............................................................
Petition for Changing Scope of License (small entity) ......................................
Petition for Changing Scope of License (micro entity) ......................................
Petition for Retroactive License .........................................................................
Petition for Retroactive License (small entity) ...................................................
Petition for Retroactive License (micro entity) ...................................................
1
1
1
120
27
3
200.00
100.00
50.00
200.00
100.00
50.00
200.00
100.00
50.00
24,000.00
2,700.00
150.00
Totals ....
.......................................................................................................................
4,434
........................
787,950.00
4 ...................
5 ...................
5 ...................
5 ...................
6
6
6
7
7
7
Item
been introduced. The USPTO estimates
that 20% of the responses in this
collection will come from small entities
and approximately 10% of the small
entity respondents will qualify as micro
entities.
The USPTO estimates that 99% of the
petitions in this collection are submitted
by facsimile or hand carried because of
the quick turnaround required. For the
1% of the public that chooses to submit
the petitions to the USPTO by mail
through the United States Postal
Service, the USPTO estimates that the
average USPS Priority Mail postage cost
for a legal flat rate envelop is estimated
to be $7.65, and that 44 submissions
will be mailed to the USPTO per year
for a total estimated postage cost of
$336.60.
POSTAGE COSTS
IC No.
Item
Estimated
mailed
responses
Estimated
postage rate
Total annual
(non-hour)
cost burden
(a)
(b)
(a) × (b) = (c)
4 ...................
5 ...................
7 ...................
Petition for Expedited Handling of License (no corresponding application) .....
Petition for Expedited Handling of License (corresponding U.S. application) ..
Petition for Retroactive License .........................................................................
40
2
2
$7.65
7.65
7.65
$306
15.30
15.30
Total .....
.......................................................................................................................
44
........................
336.60
VerDate Sep<11>2014
17:31 Nov 22, 2019
Jkt 250001
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
E:\FR\FM\25NON1.SGM
25NON1
64876
Federal Register / Vol. 84, No. 227 / Monday, November 25, 2019 / Notices
Therefore, the USPTO estimates that
the total (non-hour) cost burden for this
collection in the form of filing fees and
postage costs is estimated to be
approximately $788,286.60.
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,
Director, Records and Information
Governance Branch, OAS, Office of the Chief
Administrative Officer, United States Patent
and Trademark Office.
[FR Doc. 2019–25510 Filed 11–22–19; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF DEFENSE
Department of the Air Force
Notice of Intent To Prepare an
Environmental Impact Statement for F–
35A Wing Beddown and MQ–9 Wing
Beddown
AGENCY:
Department of the Air Force,
DoD.
ACTION:
Notice of intent.
The United States Air Force
(USAF) is issuing this notice of intent to
advise the public of its intent to prepare
an Environmental Impact Statement
(EIS) to evaluate potential
environmental consequences associated
with two independent proposed actions:
(1) The beddown of an F–35A
Operational Wing at Tyndall AFB, FL.
and (2) The beddown of an MQ–9
Remotely Piloted Aircraft (RPA)
Operational Wing at either Tyndall
SUMMARY:
VerDate Sep<11>2014
17:31 Nov 22, 2019
Jkt 250001
AFB, Florida (FL) or Vandenberg AFB,
California (CA).
DATES: The USAF will host two openhouse public scoping meetings:
Tuesday, December 10, 2019, from 5:30
p.m. to 8:30 p.m., at Gulf Coast State
College, Student Union East in Panama
City, Florida, and Thursday, December
12, 2019, from 5:30 p.m. to 8:30 p.m.,
at Allan Hancock College, Lompoc
Valley Center in Lompoc, California.
ADDRESSES: Submit scoping comments
on the proposed F35–A and MQ–9 Wing
Beddowns on the project website: F–
35WingandMQ–9WingEIS.com. Scoping
comments can also be submitted to: F–
35/MQ–9 EIS Program Manager, Cynthia
Pettit, AFCEC/CZN, Attn: F-35/MQ-9,
2261 Hughes Avenue, Suite 155, JBSA
Lackland, TX 78236–9853; 210–925–
3367; Email: afcec.czn.workflow@
us.af.mil; 210–925–3367 or FedEx &
UPS Deliveries: AFCEC/CZN, 3515 S
General McMullen Drive, Suite 155, San
Antonio, TX 78226–2018. For comments
submitted by mail, a comment form is
available for download on the project
website. Comments will be accepted at
any time during the environmental
impact analysis process. However, to
ensure the USAF has sufficient time to
consider public input in the preparation
of the Draft EIS, scoping comments
should be submitted via the project
website or to the address listed above by
December 23, 2019.
SUPPLEMENTARY INFORMATION: The F–
35A Proposed Action is to beddown an
F–35A Wing at Tyndall AFB, FL,
consisting of three operational
squadrons, each with 24 Primary
Aerospace Vehicles Authorized Aircraft
(PAA) and two Backup Aircraft
Inventory (BAI) aircraft. Beddown of the
F–35A Wing would include
constructing and retrofitting of physical
infrastructure and facilities and adding
personnel to manage and perform
operations, which include maintenance
of the aircraft. F–35A flight operations
for proficiency training would occur at
the base and use existing airspace and
ranges. The F–35A Wing beddown
alternatives identified for evaluation in
the EIS include beddown of the threesquadron F–35A Wing at Tyndall AFB,
FL and an alternative with a fourth
squadron of fifth generation fighter
aircraft in addition to the threesquadron F–35A Wing.
The proposed MQ–9 Wing action is to
beddown the MQ–9 remotely piloted
aircraft system employed by the USAF
in support of the Department of Defense
directive to support initiatives of
overseas contingency operations. The
beddown of 24 MQ–9 aircraft would
include a Wing Headquarters, an
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
Operations Group, and Maintenance
Group; construction and/or renovation
of facilities would support staff and
house MQ–9 aircraft. The number of
base personnel would be increased to
fulfill MQ–9 mission requirements.
Flight operations for MQ–9 proficiency
training would occur at the selected
base and in existing airspace and ranges.
MQ–9 Wing beddown alternatives
identified for evaluation in the EIS
include beddown of the MQ–9 Wing at
either Tyndall AFB, FL or Vandenberg
AFB, CA. Tyndall AFB, FL was
identified as the preferred alternative for
this mission.
The EIS will address potential
environmental consequences resulting
from implementation of each alternative
for each of the proposed actions, as well
as the combination of F–35A and MQ–
9 actions at Tyndall AFB, FL. As
required by NEPA, a No-Action
Alternative, where the beddown of an
F–35A Wing would not occur at Tyndall
AFB, FL will also be addressed, as will
the No-Action Alternative where the
beddown of an MQ–9 Wing would not
occur at either location. Bay County,
Florida and Panama City, Florida are
Cooperating Agencies for this EIS.
Scoping and Agency Coordination: To
effectively define the full range of issues
to be evaluated in the EIS, the USAF
will solicit written comments from
interested local, state, and federal
agencies and elected officials, Native
American tribes, interested members of
the public, and others. Public scoping
meetings will be held in the local
communities near the alternative bases.
The scheduled dates, times, locations,
and addresses for the public scoping
meetings are concurrently being
published in local media.
Adriane Paris,
Acting Air Force Federal Register Liaison
Officer.
[FR Doc. 2019–25537 Filed 11–22–19; 8:45 am]
BILLING CODE 5001–10–P
DEPARTMENT OF DEFENSE
Department of the Army
Performance Review Board
Membership
Department of the Army, DoD.
Notice.
AGENCY:
ACTION:
Notice is given of the names
of members of a Performance Review
Board for the Department of the Army.
DATES: The list of members is effective
November 13, 2019.
FOR FURTHER INFORMATION CONTACT:
Barbara Smith, Civilian Senior Leader
SUMMARY:
E:\FR\FM\25NON1.SGM
25NON1
]]>Agencies
[Federal Register Volume 84, Number 227 (Monday, November 25, 2019)]
[Notices]
[Pages 64873-64876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25510]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Secrecy and License to Export
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: 0651-0034 (Secrecy
and License to Export).
DATES: Written comments must be submitted on or before January 24,
2020.
ADDRESSES: You may submit comments by any of the following methods:
Email: [email protected]. Include ``0651-
0034 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 22313-145.
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 ``Paperwork'' in the subject
line. Additional information about this collection is also available at
https://www.reginfo.gov under ``Information Collection Review.''
SUPPLEMENTARY INFORMATION:
[[Page 64874]]
I. Abstract
In the interest of national security, patent laws and rules place
certain limitations on the disclosure of information contained in
patents and patent applications and on the filing of applications for
patents in foreign countries.
In particular, whenever the publication or disclosure of an
invention by the publication of an application or by the granting of a
patent is, in the opinion of the head of an interested Government
agency, determined to be detrimental to national security, the
Commissioner for Patents at the USPTO must issue a secrecy order and
withhold the publication of a patent application and the grant of a
patent for such period as the national interest requires. A patent will
not be issued on the application, nor will the application be
published, as long as the secrecy order is in effect. If a secrecy
order is applied to an international application, the application will
not be forwarded to the International Bureau as long as the secrecy
order is in effect.
The Commissioner for Patents can issue three types of secrecy
orders, each of a different scope. The first type, Secrecy Order and
Permit for Foreign Filing in Certain Countries, is intended to permit
the widest utilization of the technical data in the patent application
while still controlling any publication or disclosure that would result
in an unlawful exportation. The second type, the Secrecy Order and
Permit for Disclosing Classified Information, is to treat classified
technical data presented in a patent application in the same manner as
any other classified material. The first and second types of secrecy
orders involve the Department of Defense. The third type of secrecy
order is used where the other types of orders do not apply, including
orders issued by direction of agencies other than the Department of
Defense.
Under the provision of 35 U.S.C. 181, a secrecy order remains in
effect for a period of one year from its date of issuance. A secrecy
order may be renewed for additional periods of not more than one year
upon notice by a government agency that the national interest continues
to require the order. USPTO notifies the applicant of the renewal.
This information collection covers information gathered in
petitions for permits to allow disclosure, modification, or rescission
of the secrecy order, or to obtain a general or group permit when the
USPTO places a secrecy order on a patent application. In each of these
circumstances, the petition is forwarded to the appropriate agency for
decision. Also, the Commissioner for Patents at the USPTO may rescind
any order upon notification by the heads of the departments and the
chief officers of the requesting agencies that the disclosure of the
invention is no longer deemed detrimental to the national security.
Unless expressly ordered otherwise, action on the application by
the USPTO and prosecution by the applicant will proceed during the time
an application is under secrecy order to one of the specific points
identified at 37 CFR 5.3. For example, as set forth at 37 CFR 5.3(a),
national applications under secrecy order that come to a final
rejection must be appealed or otherwise prosecuted to avoid
abandonment. Applicants must complete the appeals in such cases, but
unless specifically indicated by the Commissioner for Patents at the
USPTO, the appeals will not be set for hearing until the secrecy order
is removed.
In addition, this collection covers information gathered with
respect to foreign filing licenses. The filing of a patent application
is considered a request for a foreign filing license. However, in some
instances an applicant may need a license for filing a patent
application in foreign countries prior to a filing in the USPTO or
sooner than the anticipated licensing of a pending patent application.
For such circumstances, this collection covers petitions for a
foreign filing license either with or without a corresponding United
States application. In addition, this collection covers petitions to
change the scope of a license and petitions for a retroactive license
for instances when a patent application is filed through error in a
foreign country without the appropriate filing license.
This collection includes the information needed by the USPTO to
review the various types of petitions regarding secrecy orders and
foreign filing licenses. This collection of information is required by
35 U.S.C. 181-188 and administered through 37 CFR 5.1-5.33.
II. Method of Collection
By mail, facsimile or hand carried to the USPTO.
III. Data
OMB Number: 0651-0034.
Form Number(s): There are no forms associated with this collection.
Type of Review: Extension of a currently approved collection.
Affected Public: Individuals or households; Businesses or other
for-profits; not-for-profit institutions.
Estimated Number of Respondents: 4,434 responses per year. The
USPTO estimates that approximately 20% (886.80) of these responses will
be from small entities.
Estimated Time per Response: The USPTO estimates that it will take
the public from 30 minutes (0.5 hours) to 4 hours to gather the
necessary information, prepare the appropriate documents, and submit
the information required for this collection.
Estimated Total Annual Respondent Burden Hours: 2,797.50 hours.
Estimated Total Annual Respondent Cost Burden: $1,225,305. The
USPTO expects that the information in this collection will be prepared
by intellectual property attorneys at an estimated rate of $438 per
hour. 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 respondent cost
burden for this collection will be approximately $1,225,305 per year.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
time for Estimated Estimated annual Total cost
Number Item response annual burden hours Rate ($/hr) burden
(hours) responses
................................. (a) (b) (a) x (b)/60 = (d) (e) (c x d)
(c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................................. Petition for Rescission of 3.0 10 30 $438 $13,140
Secrecy Order.
2................................. Petition to Disclose or 2.0 20 40 438 17,520
Modification of Secrecy Order.
3................................. Petition for General and Group 1.0 1 1 438 438
Permits.
[[Page 64875]]
4................................. Petition for Expedited Handling 0.5 4,000 2,000 438 876,000
of License (no corresponding
application).
5................................. Petition for Expedited Handling 0.5 250 125 438 54,750
of License (corresponding U.S.
application).
6................................. Petition for Changing Scope of 0.5 3 1.5 438 657
License.
7................................. Petition for Retroactive License. 4.0 150 600 438 262,800
----------------------------------------------------------------------------------
Totals........................ ................................. .............. 4,434 2,797.50 .............. 1,225,305
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Total Annual (Non-hour) Respondent Cost Burden:
$788,286.60. There are no capital start-up, maintenance, or record
keeping costs associated with this information collection. However,
this collection does have annual (non-hour) costs in the form of filing
fees for the foreign filing petitions and postage costs. No fees are
associated with the secrecy order petitions.
The license petitions all charge the 37 CFR 1.17(g) fee, for which
small and micro entity discounts recently have been introduced. The
USPTO estimates that 20% of the responses in this collection will come
from small entities and approximately 10% of the small entity
respondents will qualify as micro entities.
----------------------------------------------------------------------------------------------------------------
Total non-
Number Item Responses Filing fee hour cost
($) burden
.............................. (a) (b) (a) x (b) (c)
----------------------------------------------------------------------------------------------------------------
4............................... Petition for Expedited 3,200 $200.00 $640,000.00
Handling of License (no
corresponding application).
4............................... Petition for Expedited 720 100.00 72,000.00
Handling of License (no
corresponding application)
(small entity).
4............................... Petition for Expedited 80 50.00 4,000.00
Handling of License (no
corresponding application)
(micro entity).
5............................... Petition for Expedited 200 200.00 40,000.00
Handling of License
(corresponding U.S.
application).
5............................... Petition for Expedited 45 100.00 4,500.00
Handling of License
(corresponding U.S.
application) (small entity).
5............................... Petition for Expedited 5 50.00 250.00
Handling of License
(corresponding U.S.
application) (micro entity).
6............................... Petition for Changing Scope of 1 200.00 200.00
License.
6............................... Petition for Changing Scope of 1 100.00 100.00
License (small entity).
6............................... Petition for Changing Scope of 1 50.00 50.00
License (micro entity).
7............................... Petition for Retroactive 120 200.00 24,000.00
License.
7............................... Petition for Retroactive 27 100.00 2,700.00
License (small entity).
7............................... Petition for Retroactive 3 50.00 150.00
License (micro entity).
-----------------------------------------------
Totals...................... .............................. 4,434 .............. 787,950.00
----------------------------------------------------------------------------------------------------------------
The USPTO estimates that 99% of the petitions in this collection
are submitted by facsimile or hand carried because of the quick
turnaround required. For the 1% of the public that chooses to submit
the petitions to the USPTO by mail through the United States Postal
Service, the USPTO estimates that the average USPS Priority Mail
postage cost for a legal flat rate envelop is estimated to be $7.65,
and that 44 submissions will be mailed to the USPTO per year for a
total estimated postage cost of $336.60.
Postage Costs
----------------------------------------------------------------------------------------------------------------
Estimated Total annual
IC No. Item mailed Estimated (non-hour)
responses postage rate cost burden
.............................. (a) (b) (a) x (b) =
(c)
----------------------------------------------------------------------------------------------------------------
4............................... Petition for Expedited 40 $7.65 $306
Handling of License (no
corresponding application).
5............................... Petition for Expedited 2 7.65 15.30
Handling of License
(corresponding U.S.
application).
7............................... Petition for Retroactive 2 7.65 15.30
License.
-----------------------------------------------
Total....................... .............................. 44 .............. 336.60
----------------------------------------------------------------------------------------------------------------
[[Page 64876]]
Therefore, the USPTO estimates that the total (non-hour) cost
burden for this collection in the form of filing fees and postage costs
is estimated to be approximately $788,286.60.
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,
Director, Records and Information Governance Branch, OAS, Office of the
Chief Administrative Officer, United States Patent and Trademark
Office.
[FR Doc. 2019-25510 Filed 11-22-19; 8:45 am]
BILLING CODE 3510-16-P
