Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Matters Related to First Inventor To File, 54946-54947 [2021-21724]
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54946
Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Notices
DEPARTMENT OF COMMERCE
National Technical Information Service
National Technical Information Service
Advisory Board
National Technical Information
Service, Department of Commerce.
ACTION: Notice of open meeting.
AGENCY:
This notice announces the
next meeting of the National Technical
Information Service (NTIS) Advisory
Board (the Advisory Board).
DATES: The Advisory Board will meet on
Wednesday, October 27, 2021 from 1:00
p.m. to approximately 4:30 p.m., Eastern
Time, via teleconference.
ADDRESSES: The Advisory Board
meeting will be via teleconference.
Please note attendance instructions
under the SUPPLEMENTARY INFORMATION
section of this notice.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Shaw, (703) 605–6136,
eshaw@ntis.gov or Steven Holland at
sholland@ntis.gov.
SUPPLEMENTARY INFORMATION: The
Advisory Board is established by
Section 3704b(c) of Title 15 of the
United States Code. The charter has
been filed in accordance with the
requirements of the Federal Advisory
Committee Act, as amended (5 U.S.C.
app.). The Advisory Board reviews and
makes recommendations to improve
NTIS programs, operations, and general
policies in support of NTIS’ mission to
advance Federal data priorities, promote
economic growth, and enable
operational excellence by providing
innovative data services to Federal
agencies through joint venture
partnerships with the private sector.
The meeting will focus on a review of
the progress NTIS has made in
implementing its data mission and
strategic direction. A final agenda and
summary of the proceedings will be
posted on the NTIS website as soon as
they are available (https://www.ntis.gov/
about/advisorybd/index.xhtml).
The teleconference will be via
controlled access. Members of the
public interested in attending via
teleconference or speaking are requested
to contact Ms. Shaw at the contact
information listed in the FOR FURTHER
INFORMATION CONTACT section above not
later than Friday, October 22, 2021. If
there are sufficient expressions of
interest, up to one-half hour will be
reserved for public oral comments
during the session. Speakers will be
selected on a first-come, first-served
basis. Each speaker will be limited to
five minutes. Questions from the public
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SUMMARY:
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18:56 Oct 04, 2021
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will not be considered during this
period.
Speakers who wish to expand upon
their oral statements, those who had
wished to speak but could not be
accommodated on the agenda, and those
who were unable to attend are invited
to submit written statements by
emailing Ms. Shaw at the email address
provided in the FOR FURTHER
INFORMATION CONTACT section above.
Dated: September 29, 2021.
Gregory Capella,
Director.
[FR Doc. 2021–21576 Filed 10–4–21; 8:45 am]
BILLING CODE 3510–04–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Matters Related to First
Inventor To File
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of information collection;
request for comment.
AGENCY:
The United States Patent and
Trademark Office (USPTO), as required
by the Paperwork Reduction Act of
1995, invites comments on the
extension and revision of an existing
information collection: 0651–0071
(Matters Relating to First Inventor to
File). 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
December 6, 2021.
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: InformationCollection@
uspto.gov. Include ‘‘0651–0071
comment’’ in the subject line of the
message.
• Federal Rulemaking Portal: https://
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
SUMMARY:
PO 00000
Frm 00031
Fmt 4703
Sfmt 4703
should be directed to Parikha Mehta,
Legal Advisor, Office of Patent Legal
Administration, United States Patent
and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–3248; or by email
to Parikha.Mehta@uspto.gov with
‘‘0651–0071 comment’’ in the subject
line of the message. Additional
information about this information
collection is also available at https://
www.reginfo.gov under ‘‘Information
Collection Review.’’
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent System uses
a ‘first to file’ system, as introduced by
the Leahy-Smith America Invents Act
(AIA) which was enacted into law on
September 16, 2011. To determine the
first inventor to file, information is
needed in order to identify the
inventorship and ownership, or
obligation to assign ownership, of each
claimed invention on its effective filing
date. Section 3 of the AIA, inter alia,
amended 35 U.S.C. 102 and 103
consistent with the objectives of the
AIA, including the conversion of the
United States patent system from a ‘‘first
to invent’’ system to a ‘‘first inventor to
file’’ system. The changes in section 3
of the AIA went into effect on March 16,
2013, but apply only to certain
applications filed on or after March 16,
2013.
This information collection covers
information required by 37 CFR 1.55(k),
1.78(a)(6), and 1.78(d)(6) to assist the
USPTO in determining whether an
application is subject to 35 U.S.C. 102
and 103 as amended by Section 3 of the
AIA, or 35 U.S.C. 102 and 103, in effect
on March 15, 2013.
II. Method of Collection
The items in this information
collection may be submitted by mail,
facsimile, hand delivery, or via the
Patent Electronic Systems (EFS-Web or
Patent Center).
III. Data
OMB Control Number: 0651–0071.
Form Number(s): None.
Type of Review: Extension and
revision of a currently approved
information collection.
Affected Public: Private sector;
individuals or households.
Estimated Number of Respondents: 99
respondents per year.
Estimated Number of Responses: 144
responses per year.
Estimated Time per Response: The
USPTO estimates that the responses in
this information collection will take the
public 2 hours to complete. This
E:\FR\FM\05OCN1.SGM
05OCN1
54947
Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Notices
includes the time to gather the
necessary information, create the
Estimated Total Annual Respondent
Hourly Cost Burden: $115,200.
document, and submit the completed
request to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 288 hours.
TABLE 1—TOTAL HOURLY BURDEN FOR PRIVATE SECTOR RESPONDENTS
Item No.
1 ....................
2 ....................
3 ....................
Total ......
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated
burden
(hour/year)
Rate 1
($/hour)
Estimated
annual
respondent
cost burden
............................................................
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Submissions Under CFR 1.55(k) .......
Submissions Under 37 CFR
1.78(a)(6).
Submissions Under 37 CFR
1.78(d)(6).
47
37
1.5
1.5
71
56
2
2
142
112
$400
400
$56,800
44,800
9
1.5
14
2
28
400
11,200
............................................................
96
....................
141
....................
282
....................
112,800
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 $400 per hour.
TABLE 2—TOTAL HOURLY BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated burden
(hour/year)
Rate 2
($/hour)
Estimated
annual
respondent
cost burden
....................................................................
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Item No.
1 ....................
2 ....................
3 ....................
Submissions Under CFR 1.55(k) ...............
Submissions Under 37 CFR 1.78(a)(6) .....
Submissions Under 37 CFR 1.78(d)(6) .....
1
1
1
1
1
1
1
1
1
2
2
2
2
2
2
$400
400
400
$800
800
800
Total .......
....................................................................
3
....................
3
................
6
................
2,400
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.
lotter on DSK11XQN23PROD with NOTICES1
Estimated Total Annual Respondent
(Non-hourly) Cost Burden: $8. There are
no capital start-up, filing fees,
recordkeeping, or maintenance costs
associated with this information
collection. However, the information
collection may have annual (non-hour)
costs in the form of postage costs.
Although the USPTO prefers that the
items in this information collection be
submitted electronically, responses may
be submitted by mail through the
United States Postal Service (USPS).
The USPTO estimates that 1% of the
items will be submitted in the mail
resulting in 1 mailed item. The USPTO
estimates that the average postage cost
for a mailed submission, using a Priority
Mail 2-day flat rate legal envelope, will
be $8.25. Therefore, the USPTO
estimates $8 in postage costs associated
with this information collection.
IV. Request for Comments
The USPTO is soliciting public
comments to:
(a) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information shall have practical utility;
(b) Evaluate the accuracy of the
Agency’s estimate of the burden of the
collection of information, including the
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18:56 Oct 04, 2021
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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 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,
telephone number, email address, or
other personal identifying information
(PII) in a comment, be aware that the
entire comment—including PII—may be
made publicly available at any time.
While you may ask in your comment to
withhold PII from public view, USPTO
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
cannot guarantee that it will be able to
do so.
Kimberly Hardy,
Information Collections Officer, Office of the
Chief Administrative Officer, United States
Patent and Trademark Office.
[FR Doc. 2021–21724 Filed 10–4–21; 8:45 am]
BILLING CODE 3510–16–P
CONSUMER PRODUCT SAFETY
COMMISSION
[CPSC Docket No. 21.1]
Notice of Prehearing Conference
Consumer Product Safety
Commission.
ACTION: Notice.
AGENCY:
Notice of prehearing
conference for In the Matter of
thyssenkrupp Access Corp., Inc.; CPSC
Docket No. 21–1.
DATES: Wednesday, October 20, 2021 at
11:00 a.m. Eastern Time.
ADDRESSES: This event will be held
remotely; Call-in Number: 888–370–
8496; Passcode: 69953050
FOR FURTHER INFORMATION CONTACT:
Alberta E. Mills, Consumer Product
Safety Commission, Office of the
General Counsel, Division of the
SUMMARY:
E:\FR\FM\05OCN1.SGM
05OCN1
]]>Agencies
[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 54946-54947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21724]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Matters Related to First Inventor To File
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), as
required by the Paperwork Reduction Act of 1995, invites comments on
the extension and revision of an existing information collection: 0651-
0071 (Matters Relating to First Inventor to File). 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 December 6, 2021.
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-
0071 comment'' in the subject line of the message.
Federal Rulemaking Portal: https://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 Parikha Mehta, Legal Advisor, Office of Patent
Legal Administration, United States Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-3248; or
by email to [email protected] with ``0651-0071 comment'' in the
subject line of the message. Additional information about this
information collection is also available at https://www.reginfo.gov
under ``Information Collection Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
The United States Patent System uses a `first to file' system, as
introduced by the Leahy-Smith America Invents Act (AIA) which was
enacted into law on September 16, 2011. To determine the first inventor
to file, information is needed in order to identify the inventorship
and ownership, or obligation to assign ownership, of each claimed
invention on its effective filing date. Section 3 of the AIA, inter
alia, amended 35 U.S.C. 102 and 103 consistent with the objectives of
the AIA, including the conversion of the United States patent system
from a ``first to invent'' system to a ``first inventor to file''
system. The changes in section 3 of the AIA went into effect on March
16, 2013, but apply only to certain applications filed on or after
March 16, 2013.
This information collection covers information required by 37 CFR
1.55(k), 1.78(a)(6), and 1.78(d)(6) to assist the USPTO in determining
whether an application is subject to 35 U.S.C. 102 and 103 as amended
by Section 3 of the AIA, or 35 U.S.C. 102 and 103, in effect on March
15, 2013.
II. Method of Collection
The items in this information collection may be submitted by mail,
facsimile, hand delivery, or via the Patent Electronic Systems (EFS-Web
or Patent Center).
III. Data
OMB Control Number: 0651-0071.
Form Number(s): None.
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Private sector; individuals or households.
Estimated Number of Respondents: 99 respondents per year.
Estimated Number of Responses: 144 responses per year.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public 2 hours to
complete. This
[[Page 54947]]
includes the time to gather the necessary information, create the
document, and submit the completed request to the USPTO.
Estimated Total Annual Respondent Burden Hours: 288 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $115,200.
Table 1--Total Hourly Burden for Private Sector Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated
Estimated Responses Estimated time for Estimated Rate \1\ ($/ annual
Item No. Item annual per annual response burden (hour/ hour) respondent
respondents respondent responses (hours) year) cost burden
......................... (a) (b) (a) x (b) = (d) (c) x (d) = (f) (e) x (f) =
(c) (e) (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1........................ Submissions Under CFR 47 1.5 71 2 142 $400 $56,800
1.55(k).
2........................ Submissions Under 37 CFR 37 1.5 56 2 112 400 44,800
1.78(a)(6).
3........................ Submissions Under 37 CFR 9 1.5 14 2 28 400 11,200
1.78(d)(6).
---------------------------------------------------------------------------------------------------
Total................ ......................... 96 ........... 141 ........... 282 ........... 112,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 $400 per hour.
Table 2--Total Hourly Burden for Individuals or Households Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated
Estimated Responses Estimated time for Estimated Rate \2\ annual
Item No. Item annual per annual response burden (hour/ ($/hour) respondent
respondents respondent responses (hours) year) cost burden
........................... (a) (b) (a) x (b) = (d) (c) x (d) = (f) (e) x (f) =
(c) (e) (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................... Submissions Under CFR 1 1 1 2 2 $400 $800
1.55(k).
2.......................... Submissions Under 37 CFR 1 1 1 2 2 400 800
1.78(a)(6).
3.......................... Submissions Under 37 CFR 1 1 1 2 2 400 800
1.78(d)(6).
-----------------------------------------------------------------------------------------------
Total.................. ........................... 3 ........... 3 ......... 6 ......... 2,400
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 Respondent (Non-hourly) Cost Burden: $8.
There are no capital start-up, filing fees, recordkeeping, or
maintenance costs associated with this information collection. However,
the information collection may have annual (non-hour) costs in the form
of postage costs.
Although the USPTO prefers that the items in this information
collection be submitted electronically, responses may be submitted by
mail through the United States Postal Service (USPS). The USPTO
estimates that 1% of the items will be submitted in the mail resulting
in 1 mailed item. The USPTO estimates that the average postage cost for
a mailed submission, using a Priority Mail 2-day flat rate legal
envelope, will be $8.25. Therefore, the USPTO estimates $8 in postage
costs associated with this information collection.
IV. Request for Comments
The USPTO is soliciting public comments to:
(a) Evaluate whether the collection of information is necessary for
the proper performance of the functions of the Agency, including
whether the information shall have practical utility;
(b) Evaluate the accuracy of the Agency's estimate of the burden of
the 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 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, telephone number, email address, or other personal
identifying information (PII) in a comment, be aware that the entire
comment--including PII--may be made publicly available at any time.
While you may ask in your comment to withhold PII from public view,
USPTO cannot guarantee that it will be able to do so.
Kimberly Hardy,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2021-21724 Filed 10-4-21; 8:45 am]
BILLING CODE 3510-16-P
