Secrecy and License to Export, 64873-64876 [2019-25510]

Download as PDF 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: http:// www.regulations.gov. • Mail: Marcie Lovett, Records and Information Governance Branch, Office of the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313–145. 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 http:// 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: http://www.regulations.gov.
     Mail: Marcie Lovett, Records and Information Governance 
Branch, Office of the Chief Administrative Officer, United States 
Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-145.

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 
http://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