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]

Download as PDF 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 lotter on DSK11XQN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 18:56 Oct 04, 2021 Jkt 256001 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: 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 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 http:// 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 VerDate Sep<11>2014 18:56 Oct 04, 2021 Jkt 256001 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]


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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: 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 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 http://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