Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comments Request; Patent Petitions Related to Application and Reexamination Processing Fees, 61937-61940 [2020-21799]

Download as PDF Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices The SEDAR Steering Committee will meet via webinar to discuss the SEDAR stock assessment process and assessment schedule. See SUPPLEMENTARY INFORMATION. DATES: The SEDAR Steering Committee will meet via webinar on Friday, October 16, 2020, from 9 a.m. until 12:30 p.m., Eastern. ADDRESSES: Meeting address: The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julie Neer (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar. SEDAR address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N Charleston, SC 29405; www.sedarweb.org. FOR FURTHER INFORMATION CONTACT: Julie A. Neer, SEDAR Program Manager, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone: (843) 571– 4366 or toll free: (866) SAFMC–10; fax: (843) 769–4520; email: Julie.neer@ safmc.net. SUPPLEMENTARY INFORMATION: The SEDAR Steering Committee provides guidance and oversight of the SEDAR stock assessment program and manages assessment scheduling. The items of discussion for this meeting are as follows: 1. SEDAR Projects Update 2. SEDAR Projects Schedule 3. SEDAR Process Review and Discussions Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: Special Accommodations This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SAFMC office (see ADDRESSES) at least 5 business days prior to the meeting. Note: The times and sequence specified in this agenda are subject to change. Authority: 16 U.S.C. 1801 et seq. VerDate Sep<11>2014 22:13 Sep 30, 2020 Jkt 253001 Dated: September 28, 2020. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2020–21733 Filed 9–30–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XA526] Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Notice That Vendor Will Provide 2021 Cage Tags National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of vendor to provide fishing year 2021 cage tags. AGENCY: NMFS informs surfclam and ocean quahog individual transferable quota allocation holders that they will be required to purchase their fishing year 2021 (January 1, 2021–December 31, 2021) cage tags from the National Band and Tag Company. The intent of this notice is to comply with regulations for the Atlantic surfclam and ocean quahog fisheries and to promote efficient distribution of cage tags. FOR FURTHER INFORMATION CONTACT: Aimee Ahles, Fishery Management Specialist, (978) 281–9373. SUPPLEMENTARY INFORMATION: The Federal Atlantic surfclam and ocean quahog fishery regulations at 50 CFR 648.77(b) authorize the Regional Administrator of the Greater Atlantic Region, NMFS, to specify in the Federal Register a vendor from whom cage tags, required under the Atlantic Surfclam and Ocean Quahog Fishery Management Plan (FMP), shall be purchased. Notice is hereby given that National Band and Tag Company of Newport, Kentucky, is the authorized vendor of cage tags required for the fishing year 2021 Federal surfclam and ocean quahog fisheries. Detailed instructions for purchasing these cage tags will be provided in a letter to individual transferable quota allocation holders in these fisheries from NMFS within the next several weeks. SUMMARY: 61937 DEPARTMENT OF COMMERCE Patent and Trademark Office Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comments Request; Patent Petitions Related to Application and Reexamination Processing Fees United States Patent and Trademark Office, Department of Commerce. AGENCY: Notice of information collection; request for comment. ACTION: The United States Patent and Trademark Office (USPTO), in accordance with the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651–0059 (Patent Petitions Related to Application and Reexamination Processing Fees). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB. SUMMARY: To ensure consideration, comments regarding this information collection must be received on or before November 30, 2020. DATES: Interested persons are invited to submit written comments by any of the following methods. Do not submit Confidential Business Information or otherwise sensitive or protected information: • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0059 comment’’ in the subject line of the message. • Federal Rulemaking Portal: http:// www.regulations.gov. • Mail: Kimberly Hardy, Office of the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313– 1450. ADDRESSES: FOR FURTHER INFORMATION CONTACT: [FR Doc. 2020–21666 Filed 9–30–20; 8:45 am] 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– 0059 comment’’ in the subject line. Additional information about this information collection is also available at http://www.reginfo.gov under ‘‘Information Collection Review.’’ BILLING CODE 3510–22–P SUPPLEMENTARY INFORMATION: Authority: 16 U.S.C. 1801 et seq. Dated: September 25, 2020. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1 61938 Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices I. Abstract The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 et seq. to examine an application for patent and, when appropriate, issue a patent. The USPTO also is required to publish patent applications, with certain exceptions, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under Title 35, United States Code. Many actions taken by the USPTO during its examination of an application for patent or for reissue of a patent, or during its reexamination of a patent, are subject to review by an appeal to the Patent Trial and Appeal Board. For other USPTO actions, review is in the form of administrative review obtained via submission of a petition to the USPTO. USPTO petitions practice provides an opportunity for a patent applicant or owner to supply additional information that may be required in order for the USPTO to further process an application or patent. This information collection covers petitions filed in patent applications and reexamination proceedings, and accompanying fees as set forth in 37 CFR 1.17(f), (g), or (h). This information collection also covers the transmittals for the petition fees. II. Method of Collection The items in this information collection can be submitted electronically through Electronic Filing System-Web (EFS-Web), on paper by mail, facsimile, or hand delivery to the USPTO. III. Data OMB Number: 0651–0059. Form Number(s): (SB = Specimen Book; AIA = America Invents Act). • PTO/SB/28 (EFS-Web only) (Petitions to Make Special Under Accelerated Examination Program) • PTO/AIA/24a (Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)) • PTO/SB/23 (Petition for Extension of Time Under 37 CFR 1.136(b)) • PTO/AIA/17P (Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal) • PTO/SB/140 (Petition to Withdraw an Application from Issue) Type of Review: Revision of a currently approved information collection. Affected Public: Private sector; individuals or households. Estimated Number of Respondents: 40,922 respondents per year. Estimated Number of Responses: 40,922 responses per year. Estimated Time per Response: The USPTO estimates that it will take the public from approximately 5 minutes (0.08 hours) to 12 hours to complete a response, depending on the complexity of the particular item. This includes the time to gather the necessary information, create the documents, and submit the completed request to the USPTO. Estimated Total Annual Respondent Burden Hours: 72,958 hours. Estimated Total Annual Respondent Hourly Cost Burden: $29,183,200. TABLE 1—TOTAL HOURLY BURDEN FOR PRIVATE SECTOR RESPONDENTS Item No. 1 ................. 6 ................. Petitions (corresponding to the fee) Under 37 CFR 1.17(f) include: • Petition to Accord a Filing Date Under 1.57(a). • Petition to Accord a Filing Date Under 1.53(e). • Petition for Decision on a Question Not Specifically Provided For. • Petition to Suspend the Rules. • Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal. Petitions (corresponding to the fee) Under 37 CFR 1.17(g) include: • Petition to Access an Assignment Record. • Petition for Access to an Application. • Petition for Expungement and Return of Information. • Petition to Suspend Action in an Application. • Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal. Petitions (corresponding to the fee) Under 37 CFR 1.17(h) include: • Petition for Accepting Color Drawings or Photographs. • Petition for Entry of a Model or Exhibit. • Petition to Withdraw an Application from Issue. • Petition to Defer Issuance of a Patent. • Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal. Petitions to Make Special Under Accelerated Examination Program (EFS-Web only). Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c). Petition for Extension of Time Under 37 CFR 1.136(b) ........... Total .... ................................................................................................... 2 ................. 3 ................. 4 ................. 5 ................. jbell on DSKJLSW7X2PROD with NOTICES Estimated annual respondents Item Estimated annual responses (year) Estimated time for response (hours) Estimated annual burden (hour/year) Rate 1 ($/hour) Estimated annual burden (a) (b) (a) × (b) = c (d) (c) × (d) = e 4,146 4,146 4 16,583 $400 $6,633,200 10,313 10,313 2 20,626 400 8,250,400 23,866 23,866 1 23,866 400 9,546,400 798 798 12 9,576 400 3,830,400 570 570 .2 114 400 45,600 1 1 .5 1 400 400 39,694 39,694 .................... 70,766 .................... 28,306,400 1 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour. VerDate Sep<11>2014 22:13 Sep 30, 2020 Jkt 253001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1 61939 Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices TABLE 2—TOTAL HOURLY BURDEN FOR INDIVIDUALS AND HOUSEHOLDS RESPONDENTS Item No. 1 ................. 2 ................. 3 ................. 5 ................. 6 ................. Total .... Estimated annual respondents Item Estimated annual responses (year) Estimated time for response (hours) Estimated annual burden (hour/year) Rate 2 ($/hour) Estimated annual burden (a) (b) (a) × (b) = c (d) (c) × (d) = e Petitions (corresponding to the fee) Under 37 CFR 1.17(f) include: • Petition to Accord a Filing Date Under 1.57(a). • Petition to Accord a Filing Date Under 1.53(e). • Petition for Decision on a Question Not Specifically Provided For. • Petition to Suspend the Rules. • Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal. Petitions (corresponding to the fee) Under 37 CFR 1.17(g) include: • Petition to Access an Assignment Record. • Petition for Access to an Application. • Petition for Expungement and Return of Information. • Petition to Suspend Action in an Application. • Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal. Petitions (corresponding to the fee) Under 37 CFR 1.17(h) include: • Petition for Accepting Color Drawings or Photographs. • Petition for Entry of a Model or Exhibit. • Petition to Withdraw an Application from Issue. • Petition to Defer Issuance of a Patent. • Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal. Petitions to Make Special Under Accelerated Examination Program (EFS-Web only). Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c). 128 128 4 512 $400 $204,800 319 319 2 638 400 255,200 738 738 1 738 400 295,200 25 25 12 300 400 120,000 18 18 .2 4 400 1,600 ................................................................................................... 1,228 1,228 .................... 2,192 .................... 876,800 2 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour. Estimated Total Annual Non-Hour Respondent Cost Burden: $3,195,134. There are no capital start-up, operation, or maintenance costs associated with this information collection. However, this information collection does have annual non-hour costs in the form of postage costs and filing fees. TABLE 3—ANNUAL NON-HOUR COST BURDEN Item No. Item 1 ..................... 1 ..................... 1 ..................... 2 ..................... 2 ..................... 2 ..................... 3 ..................... jbell on DSKJLSW7X2PROD with NOTICES 3 ..................... 3 ..................... * Total ...... VerDate Sep<11>2014 Petitions requiring (large entity). Petitions requiring (small entity). Petitions requiring (micro entity). Petitions requiring (large entity). Petitions requiring (small entity). Petitions requiring (micro entity). Petitions requiring (large entity). Petitions requiring (small entity). Petitions requiring (micro entity). Estimated annual responses Estimated cost Estimated non-hour cost burden (a) (b) (a) × (b) the petition fee set forth in 37 CFR 1.17 (f) (Group I) 1,089 $420 $457,380 the petition fee set forth in 37 CFR 1.17 (f) (Group I) 840 210 176,400 the petition fee set forth in 37 CFR 1.17 (f) (Group I) 208 105 21,840 the petition fee set forth in 37 CFR 1.17 (g) (Group II) 4,739 220 1,042,580 the petition fee set forth in 37 CFR 1.17 (g) (Group II) 515 110 56,650 the petition fee set forth in 37 CFR 1.17 (g) (Group II) 62 55 3,410 the petition fee set forth in 37 CFR 1.17 (h) (Group III) 8,310 140 1,163,400 the petition fee set forth in 37 CFR 1.17 (h) (Group III) 3,777 70 264,390 the petition fee set forth in 37 CFR 1.17 (h) (Group III) 214 35 7,490 .......................................................................................................................... ........................ ........................ 3,193,540 22:13 Sep 30, 2020 Jkt 253001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\01OCN1.SGM 01OCN1 61940 Federal Register / Vol. 85, No. 191 / Thursday, October 1, 2020 / Notices Respondents may also incur postage costs when submitting items in this information collection. Although the USPTO prefers that items in this information collection be submitted electronically, items may be submitted to the USPTO by mail through the United States Postal Service. The USPTO expects that approximately 99 percent of the items in this information collection will be submitted electronically, resulting in 198 mailed submissions. The average cost for a fourounce 2-Day Priority Mail legal flat rate envelope shipped first-class via USPS is $8.05. Therefore, the USPTO estimates that the postage costs for the mailed submissions in this information collection will total $1,594. Respondent’s Obligation: Required to obtain or retain benefits. jbell on DSKJLSW7X2PROD with NOTICES IV. Request for Comments 22:13 Sep 30, 2020 Christopher G. Baker, Information Collections Officer, Office of the Chief Administrative Officer, United States Patent and Trademark Office. [FR Doc. 2020–21799 Filed 9–29–20; 11:15 am] BILLING CODE 3510–16–P DEPARTMENT OF EDUCATION [Docket No. ED–2020–SCC–0158] Agency Information Collection Activities; Comment Request; Implementation Evaluation of the Title III National Professional Development Program Institute for Education Sciences (IES), Department of Education (ED). ACTION: Notice. AGENCY: In accordance with the Paperwork Reduction Act of 1995, ED is proposing a new information collection. DATES: Interested persons are invited to submit comments on or before November 30, 2020. ADDRESSES: To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED– 2020–SCC–0158. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http:// www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. If the regulations.gov site is not available to the public for any reason, ED will temporarily accept comments at ICDocketMgr@ed.gov. Please include the docket ID number and the title of the information collection request when requesting documents or submitting comments. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Strategic Collections and Clearance Governance and Strategy Division, U.S. Department of Education, 400 Maryland Ave. SW, LBJ, Room 6W208B, Washington, DC 20202–8240. FOR FURTHER INFORMATION CONTACT: For specific questions related to collection activities, please contact Tracy Rimdzius, 202,245–7283. SUPPLEMENTARY INFORMATION: The Department of Education (ED), in accordance with the Paperwork SUMMARY: The USPTO is soliciting public comments to: (a) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) Evaluate the accuracy of the Agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the burden of the collection of information on those who are to respond, 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. All comments submitted in response to this notice are a matter of public record. USPTO will include or summarize each comment in the request to OMB to approve this information collection. Before including an address, phone number, email address, or other personal identifying information in a comment, be aware that the entire comment— including personal identifying information—may be made publicly available at any time. While you may ask in your comment to withhold personal identifying information from public view, USPTO VerDate Sep<11>2014 cannot guarantee that it will be able to do so. Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public’s reporting burden. It also helps the public understand the Department’s information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records. Title of Collection: Implementation Evaluation of the Title III National Professional Development Program. OMB Control Number: 1850–NEW. Type of Review: A new information collection. Respondents/Affected Public: Individuals or households. Total Estimated Number of Annual Responses: 939. Total Estimated Number of Annual Burden Hours: 411. Abstract: The data collection described in this submission includes activities for an implementation evaluation of the National Professional Development (NPD) program, authorized by Title III of the Elementary and Secondary Education Act (ESEA), which aims to help educational personnel working with English learners (ELs) meet high professional standards and to improve classroom instruction for ELs. The evaluation is designed to provide a systematic and up-to-date look at the implementation of NPDsupported activities among the programs’ 91 current grantees as well as a representative sample of pre-service and in-service educators who participated in NPD-supported activities. The surveys will collect information on NPD grantees’ goals, strategies used to meet those goals, changes made to teacher education programs, and challenges and successes E:\FR\FM\01OCN1.SGM 01OCN1

Agencies

[Federal Register Volume 85, Number 191 (Thursday, October 1, 2020)]
[Notices]
[Pages 61937-61940]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21799]


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

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comments 
Request; Patent Petitions Related to Application and Reexamination 
Processing Fees

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice of information collection; request for comment.

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

SUMMARY: The United States Patent and Trademark Office (USPTO), in 
accordance with the Paperwork Reduction Act of 1995, invites comments 
on the extension and revision of an existing information collection: 
0651-0059 (Patent Petitions Related to Application and Reexamination 
Processing Fees). The purpose of this notice is to allow 60 days for 
public comment preceding submission of the information collection to 
OMB.

DATES: To ensure consideration, comments regarding this information 
collection must be received on or before November 30, 2020.

ADDRESSES: Interested persons are invited to submit written comments by 
any of the following methods. Do not submit Confidential Business 
Information or otherwise sensitive or protected information:
     Email: [email protected]. Include ``0651-
0059 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Kimberly Hardy, 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, 
P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; 
or by email to [email protected] with ``0651-0059 comment'' in the 
subject line. Additional information about this information collection 
is also available at http://www.reginfo.gov under ``Information 
Collection Review.''

SUPPLEMENTARY INFORMATION:

[[Page 61938]]

I. Abstract

    The United States Patent and Trademark Office (USPTO) is required 
by 35 U.S.C. 131 et seq. to examine an application for patent and, when 
appropriate, issue a patent. The USPTO also is required to publish 
patent applications, with certain exceptions, promptly after the 
expiration of a period of 18 months from the earliest filing date for 
which a benefit is sought under Title 35, United States Code.
    Many actions taken by the USPTO during its examination of an 
application for patent or for reissue of a patent, or during its 
reexamination of a patent, are subject to review by an appeal to the 
Patent Trial and Appeal Board. For other USPTO actions, review is in 
the form of administrative review obtained via submission of a petition 
to the USPTO. USPTO petitions practice provides an opportunity for a 
patent applicant or owner to supply additional information that may be 
required in order for the USPTO to further process an application or 
patent.
    This information collection covers petitions filed in patent 
applications and reexamination proceedings, and accompanying fees as 
set forth in 37 CFR 1.17(f), (g), or (h). This information collection 
also covers the transmittals for the petition fees.

II. Method of Collection

    The items in this information collection can be submitted 
electronically through Electronic Filing System-Web (EFS-Web), on paper 
by mail, facsimile, or hand delivery to the USPTO.

III. Data

    OMB Number: 0651-0059.
    Form Number(s): (SB = Specimen Book; AIA = America Invents Act).

 PTO/SB/28 (EFS-Web only) (Petitions to Make Special Under 
Accelerated Examination Program)
 PTO/AIA/24a (Petitions for Express Abandonment to Avoid 
Publication Under 37 CFR 1.138(c))
 PTO/SB/23 (Petition for Extension of Time Under 37 CFR 
1.136(b))
 PTO/AIA/17P (Petition Fee Under 37 CFR 1.17(f), (g), and (h) 
Transmittal)
 PTO/SB/140 (Petition to Withdraw an Application from Issue)
    Type of Review: Revision of a currently approved information 
collection.
    Affected Public: Private sector; individuals or households.
    Estimated Number of Respondents: 40,922 respondents per year.
    Estimated Number of Responses: 40,922 responses per year.
    Estimated Time per Response: The USPTO estimates that it will take 
the public from approximately 5 minutes (0.08 hours) to 12 hours to 
complete a response, depending on the complexity of the particular 
item. This includes the time to gather the necessary information, 
create the documents, and submit the completed request to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 72,958 hours.
    Estimated Total Annual Respondent Hourly Cost Burden: $29,183,200.

                           Table 1--Total Hourly Burden For Private Sector Respondents
----------------------------------------------------------------------------------------------------------------
                                                  Estimated    Estimated    Estimated
                                     Estimated      annual      time for      annual    Rate \1\ ($/  Estimated
    Item No.            Item           annual     responses     response      burden       hour)        annual
                                    respondents     (year)      (hours)    (hour/year)                  burden
                                                         (a)          (b)  (a) x (b) =          (d)  (c) x (d) =
                                                                                     c                         e
----------------------------------------------------------------------------------------------------------------
1..............  Petitions                4,146        4,146            4       16,583         $400   $6,633,200
                  (corresponding
                  to the fee)
                  Under 37 CFR
                  1.17(f) include:
                    
                     Petition to
                     Accord a
                     Filing Date
                     Under 1.57(a).
                    
                     Petition to
                     Accord a
                     Filing Date
                     Under 1.53(e).
                    
                     Petition for
                     Decision on a
                     Question Not
                     Specifically
                     Provided For.
                    
                     Petition to
                     Suspend the
                     Rules.
                    
                     Petition Fee
                     Under 37 CFR
                     1.17(f), (g),
                     and (h)
                     Transmittal.
2..............  Petitions               10,313       10,313            2       20,626          400    8,250,400
                  (corresponding
                  to the fee)
                  Under 37 CFR
                  1.17(g) include:
                    
                     Petition to
                     Access an
                     Assignment
                     Record.
                    
                     Petition for
                     Access to an
                     Application.
                    
                     Petition for
                     Expungement
                     and Return of
                     Information.
                    
                     Petition to
                     Suspend
                     Action in an
                     Application.
                    
                     Petition Fee
                     Under 37 CFR
                     1.17(f), (g),
                     and (h)
                     Transmittal.
3..............  Petitions               23,866       23,866            1       23,866          400    9,546,400
                  (corresponding
                  to the fee)
                  Under 37 CFR
                  1.17(h) include:
                    
                     Petition for
                     Accepting
                     Color
                     Drawings or
                     Photographs.
                    
                     Petition for
                     Entry of a
                     Model or
                     Exhibit.
                    
                     Petition to
                     Withdraw an
                     Application
                     from Issue.
                    
                     Petition to
                     Defer
                     Issuance of a
                     Patent.
                    
                     Petition Fee
                     Under 37 CFR
                     1.17(f), (g),
                     and (h)
                     Transmittal.
4..............  Petitions to Make          798          798           12        9,576          400    3,830,400
                  Special Under
                  Accelerated
                  Examination
                  Program (EFS-Web
                  only).
5..............  Petitions for              570          570           .2          114          400       45,600
                  Express
                  Abandonment to
                  Avoid
                  Publication
                  Under 37 CFR
                  1.138(c).
6..............  Petition for                 1            1           .5            1          400          400
                  Extension of
                  Time Under 37
                  CFR 1.136(b).
                                   -----------------------------------------------------------------------------
    Total......  .................       39,694       39,694  ...........       70,766  ...........   28,306,400
----------------------------------------------------------------------------------------------------------------
\1\ 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the
  American Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour.


[[Page 61939]]


                     Table 2--Total Hourly Burden For Individuals And Households Respondents
----------------------------------------------------------------------------------------------------------------
                                                  Estimated    Estimated    Estimated
                                     Estimated      annual      time for      annual    Rate \2\ ($/  Estimated
    Item No.            Item           annual     responses     response      burden       hour)        annual
                                    respondents     (year)      (hours)    (hour/year)                  burden
                                                         (a)          (b)  (a) x (b) =          (d)  (c) x (d) =
                                                                                     c                         e
----------------------------------------------------------------------------------------------------------------
1..............  Petitions                  128          128            4          512         $400     $204,800
                  (corresponding
                  to the fee)
                  Under 37 CFR
                  1.17(f) include:
                    
                     Petition to
                     Accord a
                     Filing Date
                     Under 1.57(a).
                    
                     Petition to
                     Accord a
                     Filing Date
                     Under 1.53(e).
                    
                     Petition for
                     Decision on a
                     Question Not
                     Specifically
                     Provided For.
                    
                     Petition to
                     Suspend the
                     Rules.
                    
                     Petition Fee
                     Under 37 CFR
                     1.17(f), (g),
                     and (h)
                     Transmittal.
2..............  Petitions                  319          319            2          638          400      255,200
                  (corresponding
                  to the fee)
                  Under 37 CFR
                  1.17(g) include:
                    
                     Petition to
                     Access an
                     Assignment
                     Record.
                    
                     Petition for
                     Access to an
                     Application.
                    
                     Petition for
                     Expungement
                     and Return of
                     Information.
                    
                     Petition to
                     Suspend
                     Action in an
                     Application.
                    
                     Petition Fee
                     Under 37 CFR
                     1.17(f), (g),
                     and (h)
                     Transmittal.
3..............  Petitions                  738          738            1          738          400      295,200
                  (corresponding
                  to the fee)
                  Under 37 CFR
                  1.17(h) include:
                    
                     Petition for
                     Accepting
                     Color
                     Drawings or
                     Photographs.
                    
                     Petition for
                     Entry of a
                     Model or
                     Exhibit.
                    
                     Petition to
                     Withdraw an
                     Application
                     from Issue.
                    
                     Petition to
                     Defer
                     Issuance of a
                     Patent.
                    
                     Petition Fee
                     Under 37 CFR
                     1.17(f), (g),
                     and (h)
                     Transmittal.
5..............  Petitions to Make           25           25           12          300          400      120,000
                  Special Under
                  Accelerated
                  Examination
                  Program (EFS-Web
                  only).
6..............  Petitions for               18           18           .2            4          400        1,600
                  Express
                  Abandonment to
                  Avoid
                  Publication
                  Under 37 CFR
                  1.138(c).
                                   -----------------------------------------------------------------------------
    Total......  .................        1,228        1,228  ...........        2,192  ...........      876,800
----------------------------------------------------------------------------------------------------------------
\2\ 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the
  American Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour.

    Estimated Total Annual Non-Hour Respondent Cost Burden: $3,195,134.
    There are no capital start-up, operation, or maintenance costs 
associated with this information collection. However, this information 
collection does have annual non-hour costs in the form of postage costs 
and filing fees.

                                      Table 3--Annual Non-Hour Cost Burden
----------------------------------------------------------------------------------------------------------------
                                                                     Estimated                    Estimated non-
             Item No.                           Item                  annual      Estimated cost     hour cost
                                                                     responses                        burden
                                                                             (a)             (b)       (a) x (b)
----------------------------------------------------------------------------------------------------------------
1................................  Petitions requiring the                 1,089            $420        $457,380
                                    petition fee set forth in 37
                                    CFR 1.17 (f) (Group I)
                                    (large entity).
1................................  Petitions requiring the                   840             210         176,400
                                    petition fee set forth in 37
                                    CFR 1.17 (f) (Group I)
                                    (small entity).
1................................  Petitions requiring the                   208             105          21,840
                                    petition fee set forth in 37
                                    CFR 1.17 (f) (Group I)
                                    (micro entity).
2................................  Petitions requiring the                 4,739             220       1,042,580
                                    petition fee set forth in 37
                                    CFR 1.17 (g) (Group II)
                                    (large entity).
2................................  Petitions requiring the                   515             110          56,650
                                    petition fee set forth in 37
                                    CFR 1.17 (g) (Group II)
                                    (small entity).
2................................  Petitions requiring the                    62              55           3,410
                                    petition fee set forth in 37
                                    CFR 1.17 (g) (Group II)
                                    (micro entity).
3................................  Petitions requiring the                 8,310             140       1,163,400
                                    petition fee set forth in 37
                                    CFR 1.17 (h) (Group III)
                                    (large entity).
3................................  Petitions requiring the                 3,777              70         264,390
                                    petition fee set forth in 37
                                    CFR 1.17 (h) (Group III)
                                    (small entity).
3................................  Petitions requiring the                   214              35           7,490
                                    petition fee set forth in 37
                                    CFR 1.17 (h) (Group III)
                                    (micro entity).
                                                                 -----------------------------------------------
    * Total......................  .............................  ..............  ..............       3,193,540
----------------------------------------------------------------------------------------------------------------


[[Page 61940]]

    Respondents may also incur postage costs when submitting items in 
this information collection. Although the USPTO prefers that items in 
this information collection be submitted electronically, items may be 
submitted to the USPTO by mail through the United States Postal 
Service. The USPTO expects that approximately 99 percent of the items 
in this information collection will be submitted electronically, 
resulting in 198 mailed submissions. The average cost for a four-ounce 
2-Day Priority Mail legal flat rate envelope shipped first-class via 
USPS is $8.05. Therefore, the USPTO estimates that the postage costs 
for the mailed submissions in this information collection will total 
$1,594.
    Respondent's Obligation: Required to obtain or retain benefits.

IV. Request for Comments

    The USPTO is soliciting public comments to:
    (a) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the Agency, 
including whether the information will have practical utility;
    (b) Evaluate the accuracy of the Agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (c) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (d) Minimize the burden of the collection of information on those 
who are to respond, 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.
    All comments submitted in response to this notice are a matter of 
public record. USPTO will include or summarize each comment in the 
request to OMB to approve this information collection. Before including 
an address, phone number, email address, or other personal identifying 
information in a comment, be aware that the entire comment-- including 
personal identifying information--may be made publicly available at any 
time. While you may ask in your comment to withhold personal 
identifying information from public view, USPTO cannot guarantee that 
it will be able to do so.

Christopher G. Baker,
Information Collections Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2020-21799 Filed 9-29-20; 11:15 am]
BILLING CODE 3510-16-P