Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Review and Derivation Proceedings, 69228-69232 [2021-26441]
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69228
Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Notices
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Generic Clearance for
Usability Data Collections
National Institute of Standards
and Technology (NIST), Commerce.
ACTION: Notice of information collection,
request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before February 7, 2022.
ADDRESSES: Interested persons are
invited to submit written comments by
mail to Maureen O’Reilly, Management
Analyst, NIST by email to
PRAcomments@doc.gov. Please
reference OMB Control Number 0693–
0043 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Maureen
O’Reilly, Management Analyst, NIST,
100 Bureau Drive, MS 1710,
Gaithersburg, MD 20899, 301–975–3189,
maureen.oreilly@nist.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Abstract
In accordance with the Executive
Order 12862, the National Institute of
Standards and Technology (NIST), a
non-regulatory agency of the
Department of Commerce, proposes to
conduct both quantitative and
qualitative data collections. The data
collections will be designed to
determine requirements and evaluate
the usability and utility of NIST
research for measurement and
standardization work. These data
collections efforts may include, but may
not be limited to electronic
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methodologies, empirical studies, video
and audio collections, interviews, and
questionnaires. For example, data
collection efforts may include the public
safety communications survey and the
smart home devices study. NIST will
limit its inquiries to data collections
that solicit strictly voluntary opinions or
responses. NIST will not conduct
individual data collections under this
generic clearance that are mandatory,
required, or regulated. The data
collected will be used to guide NIST
research.
II. Method of Collection
NIST will collect this information by
electronic means, when possible, as
well as by mail, fax, telephone and
person-to-person interviews. If an
information collection is conducted in
person, NIST will provide the
respondent with a paper copy of the
collection instrument that displays the
‘‘public burden statement’’, OMB
Control # and current Expiration date.
III. Data
OMB Control Number: 0693–0043.
Form Number(s): None.
Type of Review: Regular submission,
extension of a current information
collection.
Affected Public: Individuals or
households, State, local or tribal
government, Federal government.
Estimated Number of Respondents:
150,000.
Estimated Time per Response: Varied,
dependent upon the data collection
method used. The estimated response
time to complete a questionnaire is 15
minutes or 2 hours to participate in an
empirical study.
Estimated Total Annual Burden
Hours: 100,000.
Estimated Total Annual Cost to
Public: $0.
Respondent’s Obligation: Voluntary.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
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Comments that you submit in
response to this notice are a matter of
public record. We will include or
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2021–26514 Filed 12–6–21; 8:45 am]
BILLING CODE 3510–13–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; Patent Review and Derivation
Proceedings
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: 0651–0069
(Patent Review and Derivation
Proceedings). 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
February 7, 2022.
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 ‘‘0651–0069
comment’’ in the subject line of the
message.
• Federal Rulemaking Portal: https://
www.regulations.gov.
SUMMARY:
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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Notices
• 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 Michael P.
Tierney, Vice Chief Administrative
Patent Judge, Patent Trial and Appeals
Board, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–4676; or by email
to Michael.Tierney@uspto.gov with
‘‘0651–0069 comment’’ in the subject
line. Additional information about this
information collection is also available
at https://www.reginfo.gov under
‘‘Information Collection Review.’’
SUPPLEMENTARY INFORMATION:
I. Abstract
The Leahy-Smith America Invents
Act, which was enacted into law on
September 16, 2011, provided for many
changes to the procedures of the Patent
Trial and Appeal Board (‘‘PTAB’’ or
‘‘Board’’, formerly the Board of Patent
Appeals and Interferences) procedures.
These changes included the
introduction of inter partes review,
post-grant review, derivation
proceedings, and the transitional
program for covered business method
patents. Under these administrative trial
proceedings, third parties may file a
petition with the PTAB challenging the
validity of issued patents, with each
proceeding having different
requirements regarding timing
restrictions, grounds for challenging
validity, and who may request review.
Inter partes review is a trial
proceeding conducted at the Board to
review the patentability of one or more
claims in a patent only on a ground that
could be raised under §§ 102 or 103, and
only on the basis of prior art consisting
of patents or printed publications. Post
grant review is a trial proceeding
conducted at the Board to review the
patentability of one or more claims in a
patent on any ground that could be
raised under § 282(b)(2) or (3). A
derivation proceeding is a trial
proceeding conducted at the Board to
determine whether (1) an inventor
named in an earlier application derived
the claimed invention from an inventor
named in the petitioner’s application,
and (2) the earlier application claiming
such invention was filed without
authorization. The transitional program
for covered business method patents is
a trial proceeding conducted at the
Board to review the patentability of one
or more claims in a covered business
method patent. The covered business
method program expired on September
16, 2020 and the Board no longer
accepts new petitions related to this
program, but continues to accept papers
in previously-instituted proceedings.
This information collection covers
information submitted by the public to
petition the Board to initiate an inter
partes review, post-grant review,
derivation proceeding, and the
transitional program for covered
business method patents, as well as any
responses to such petitions, and the
filing of any motions, replies,
oppositions, and other actions, after a
review/proceeding has been instituted.
II. Method of Collection
Applicants submit the information
electronically using the PTAB End-toEnd (PTAB E2E) filing system. Parties
may seek authorization to submit a
filing by means other than electronic
filing pursuant to 42 CFR 42.6(b)(2).
III. Data
OMB Control Number: 0651–0069.
Form Numbers: None.
Type of Review: Extension and
revision of a currently approved
information collection.
Affected Public: Private sector;
individuals or households.
Estimated Number of Respondents:
9,138 respondents per year.
Estimated Number of Responses:
12,238 responses per year.
Estimated Time per Response: The
USPTO estimates that the responses in
this information collection will take the
public between 30 minutes (0.5 hours)
and 165 hours to complete. This
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: 1,360,058 hours.
Estimated Total Annual Respondent
(Hourly) Cost Burden: $591,625,230.
TABLE 1—BURDEN HOUR/BURDEN COST TO PRIVATE SECTOR RESPONDENTS
Item No.
1 ...............
2 ...............
3 ...............
4 ...............
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5 ...............
6 ...............
7 ...............
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated
burden
(hour/year)
Rate1
($/hour)
Estimated annual
respondent cost
burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Petition for Inter Partes
Review.
Petition for Post-Grant
Review or Covered
Business Method Patent Review.
Petition for Derivation ...
Patent Owner Preliminary Response to Petition for Initial Inter
Partes Review.
Patent Owner Preliminary Response to Petition for Initial PostGrant Review or Covered Business Method Patent Review.
Request for Rehearing
Other Motions, Replies,
Surreplies, and Oppositions in Inter Partes
Review.
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1,450
1
1,450
124
179,800
$435
$78,213,000
100
1
100
165
16,500
435
7,177,500
10
1,175
1
1
10
1,175
165
91
1,650
106,925
435
435
717,750
46,512,375
100
1
100
91
9,100
435
3,958,500
250
2,900
1
2
250
5,800
80
158
20,000
916,400
435
435
8,700,000
398,634,000
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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Notices
TABLE 1—BURDEN HOUR/BURDEN COST TO PRIVATE SECTOR RESPONDENTS—Continued
Item No.
8 ...............
9 ...............
10 .............
11 .............
12 .............
13 .............
14 .............
15 .............
16 .............
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated
burden
(hour/year)
Rate1
($/hour)
Estimated annual
respondent cost
burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Other Motions, Replies,
Surreplies, and Oppositions in Post-Grant
Review or Covered
Business Method Review.
Other Motions, Replies,
Surreplies, and Oppositions in Derivation
Proceedings.
Pro Hac Vice Admission
Motion.
Request for Oral Hearing.
Request to Treat a Settlement as Business
Confidential.
Settlement ....................
Arbitration Agreement
and Award.
Request to Make a Settlement Agreement
Available.
Notice of Judicial Review of a Board Decision (e.g. Notice of
Appeal Under 35
U.S.C. § 142).
Total ......................
200
2
400
148
59,200
435
25,752,000
10
1
10
120
1,200
435
522,000
950
1
950
*0.5
475
435
206,625
575
1
575
2
1,150
435
500,250
450
1
450
2
900
435
391,500
450
1
1
1
450
1
100
4
45,000
4
435
435
19,575,000
1,740
1
1
1
1
1
435
435
500
1
500
1
500
435
217,500
9,222
........................
12,222
........................
1,358,805
................
591,080,175
* (30 minutes).
1 2021 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA);
pg. F–27. The USPTO uses the average billing rate for intellectual property attorneys in private firms which is $435 per hour.
TABLE 2—BURDEN HOUR/BURDEN COST TO INDIVIDUALS OR HOUSEHOLDS RESPONDENTS
Item No.
1 ...............
2 ...............
3 ...............
4 ...............
5 ...............
6 ...............
7 ...............
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8 ...............
9 ...............
10 .............
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated
burden
(hour/year)
Rate 2
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Petition for Inter Partes
Review.
Petition for Post-Grant
Review or Covered
Business Method Patent Review.
Petition for Derivation ...
Patent Owner Preliminary Response to Petition for Initial Inter
Partes Review.
Patent Owner Preliminary Response to Petition for Initial PostGrant Review or Covered Business Method Patent Review.
Request for Rehearing
Other Motions, Replies,
Surreplies, and Oppositions in Inter Partes
Review.
Other Motions, Replies,
Surreplies, and Oppositions in Post-Grant
Review or Covered
Business Method Review.
Other Motions, Replies,
Surreplies, and Oppositions in Derivation
Proceedings.
Pro Hac Vice Motion ....
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1
1
1
124
124
$435
$53,940
1
1
1
165
165
435
71,775
1
1
1
1
1
1
165
91
165
91
435
435
71,775
39,585
1
1
1
91
91
435
39,585
1
1
1
1
1
1
80
158
80
158
435
435
34,800
68,730
1
1
1
148
148
435
64,380
1
1
1
120
120
435
52,200
1
1
1
*0.5
1
435
435
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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Notices
TABLE 2—BURDEN HOUR/BURDEN COST TO INDIVIDUALS OR HOUSEHOLDS RESPONDENTS—Continued
Item No.
11 .............
12 .............
13 .............
14 .............
15 .............
16 .............
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated
burden
(hour/year)
Rate 2
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Request for Oral Hearing.
Request to Treat a Settlement as Business
Confidential.
Settlement ....................
Arbitration Agreement
and Award.
Request to Make a Settlement Agreement
Available.
Notice of Judicial Review of a Board Decision (e.g., Notice of
Appeal Under 35
U.S.C. § 142).
1
1
1
2
2
435
870
1
1
1
2
2
435
870
1
1
1
1
1
1
100
4
100
4
435
435
43,500
1,740
1
1
1
1
1
435
435
1
1
1
1
1
435
435
Total ......................
16
........................
16
........................
1,253
................
545,055
* (30 minutes).
2 2021 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA);
pg. F–27. The USPTO uses the average billing rate for intellectual property attorneys in private firms which is $435 per hour.
Estimated Total Annual Respondent
(Non-hourly) Cost Burden: $69,638,370.
There are no capital start-up,
maintenance, or postage associated with
this information collection. However,
this information collection does have
annual (non-hour) costs in the form of
filing fees which are listed in the table
below.
TABLE 3—FILING FEES (NON-HOUR) COST BURDEN PATENT REVIEW AND DERIVATION PROCEEDINGS
Item No.
1
1
1
1
2
.............
.............
.............
.............
.............
2 .............
2 .............
2 .............
3 .............
10 ...........
14 ...........
Item
Filing fee
($)
Estimated cost
burden ($)
(a)
(d)
(a) × (b) = (c)
Inter Partes Review Request Fee—Up to 20 Claims .......................................
Inter Partes Post-Institution Fee—Up to 20 Claims ..........................................
Inter Partes Review Request of Each Claim in Excess of 20 ..........................
Inter Partes Post-Institution Request of Each Claim in Excess of 20 ..............
Post-Grant or Covered Business Method Review Request Fee—Up to 20
Claims.
Post-Grant or Covered Business Method Review Post-Institution Fee—Up to
20 Claims.
Post-Grant or Covered Business Method Review Request of Each Claim in
Excess of 20.
Post-Grant or Covered Business Method Review Post-Institution Fee of
Each Claim in Excess of 20.
Petition for Derivation ........................................................................................
Pro Hac Vice Admission Fee ............................................................................
Request to Make a Settlement Agreement Available .......................................
1,450
1,450
3,500
3,500
100
19,000
22,500
375
750
20,000
27,550,000
32,625,000
1,312,500
2,625,000
2,000,000
100
27,500
2,750,000
350
475
166,250
350
1,050
367,500
10
950
1
420
250
420
4,200
237,500
420
Total ...........................................................................................................
........................
........................
69,638,370
Respondent’s Obligation: Required to
obtain or retain benefits.
Request for Comments
lotter on DSK11XQN23PROD with NOTICES1
Estimated
annual
responses
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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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.
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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
personally identifiable 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
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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Notices
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. 2021–26441 Filed 12–6–21; 8:45 am]
BILLING CODE 3510–16–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
[Docket No. CFPB–2021–0017]
Notice and Request for Comment
Regarding the CFPB’s Inquiry Into Big
Tech Payment Platforms
Bureau of Consumer Financial
Protection.
ACTION: Notice; request for comment; reopening of comment period.
AGENCY:
On October 21, 2021, the
Consumer Financial Protection (Bureau
or CFPB) ordered six large technology
companies operating payments systems
in the United States to provide
information about certain of their
business practices. Accompanying the
orders, the Director of the Bureau issued
a statement and invited interested
parties to comment on the inquiry. The
statement and request for comment was
published in the Federal Register on
November 5, 2021, in a document titled,
‘‘Notice and Request for Comment
Regarding the CFPB’s Inquiry Into Big
Tech Payment Platforms.’’ The Bureau
has determined that a re-opening of the
comment period until December 21,
2021, is appropriate.
DATES: The end of the comment period
for the document titled, ‘‘Notice and
Request for Comment Regarding the
CFPB’s Inquiry Into Big Tech Payment
Platforms,’’ published on November 5,
2021 (86 FR 61182), is reopened from
December 6, 2021, until December 21,
2021.
SUMMARY:
You may submit comments
by any of the methods identified in the
notice.1
FOR FURTHER INFORMATION CONTACT:
Amy Zirkle, Program Manager for
Payments & Deposits, (202) 435–7505. If
you require this document in an
alternative electronic format, please
contact CFPB_Accessibility@cfpb.gov.
SUPPLEMENTARY INFORMATION: On
October 21, 2021, the Bureau ordered
six large technology companies
operating payments systems in the
United States to provide information
about certain of their business practices.
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ADDRESSES:
1
See 86 FR 61182 (Nov. 5, 2021).
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The information will help the CFPB
better understand how these firms use
personal payments data and manage
data access to users so the Bureau can
ensure adequate consumer protection.
Accompanying the orders, the Director
of the Bureau issued a statement and
invited interested parties to comment on
the inquiry. The statement and request
for comment that published in the
Federal Register stated that the
comment period would close on
December 6, 2021. Allowing an
additional comment period will provide
additional opportunity for the public to
prepare comments related to this
inquiry. Therefore, the Bureau is reopening the comment period for this
request until December 21, 2021. The
Bureau will also accept any comments
that arrive between the time the original
comment period closed on December 6,
2021, and December 7, 2021.
Rohit Chopra,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2021–26562 Filed 12–3–21; 4:15 pm]
BILLING CODE 4810–AM–P
DEPARTMENT OF ENERGY
Agency Information Collection
Extension
Department of Energy.
Submission for Office of
Management and Budget (OMB) review;
comment request.
AGENCY:
ACTION:
The Department of Energy
(DOE) has submitted an information
collection request to the OMB for
extension under the provisions of the
Paperwork Reduction Act of 1995. The
information collection requests a threeyear extension of its collection for
Superior Energy Performance 50001
(SEP 50001) Certification and 50001
Ready Recognition, OMB Control
Number 1910–5177. The proposed
collection will relate to tracking partner
participation and calculating the energy
efficiency impact of DOE’s Superior
Energy Performance certification and
50001 Ready recognition programs.
DATES: Comments regarding this
collection must be received on or before
January 6, 2022. If you anticipate that
you will be submitting comments, but
find it difficult to do so within the
period of time allowed by this notice,
please advise the OMB Desk Officer of
your intention to make a submission as
soon as possible. The Desk Officer may
be telephoned at (202) 395–4718.
ADDRESSES: Written comments and
recommendations for the proposed
SUMMARY:
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information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Ethan Rogers, EE–5A/Forrestal Building,
1000 Independence Avenue SW,
Washington, DC 20585, by fax at 202–
287–6093, or by email at ethan.rogers@
ee.doe.gov.
SUPPLEMENTARY INFORMATION: This
information collection request contains:
(1) OMB No.: 1910–5177;
(2) Information Collection Request
Title: Superior Energy Performance
50001 (SEP 50001) Certification and
50001 Ready Recognition;
(3) Type of Request: Renewal;
(4) Purpose: This Information
Collection Request applies to the
Department of Energy (DOE) voluntary
ISO 50001 programs for industrial
facilities: Superior Energy Performance®
(SEP®) and 50001 ReadyTM recognition.
SEP is an energy efficiency certification
and recognition program for
commercial, institutional, and industrial
facilities demonstrating excellence in
energy management as well as continual
improvement in energy efficiency
through third-party verified energy
performance. 50001 Ready recognition
is a self-attestation of the
implementation of an ISO 50001 energy
management system without the need
for external audits. Respondents include
commercial, institutional, and industrial
facilities. For SEP 50001, additional
respondents include SEP 50001
Verification Bodies.
(5) Annual Estimated Number of
Respondents: 450;
(6) Annual Estimated Number of
Total Responses: 450;
(7) Annual Estimated Number of
Burden Hours: 450;
(8) Annual Estimated Reporting and
Recordkeeping Cost Burden: $31,452.
Statutory Authority: Accelerating
Investment in Industrial Energy
Efficiency. Executive Order 13624, 77
FR 54779 (Aug. 30, 2012); 42 U.S.C.
16191.
Signing Authority
This document of the Department of
Energy was signed on November 24,
2021, by Rebecca Jones-Albertus, Acting
Director, Advanced Manufacturing
Office, Office of Energy Efficiency and
Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
E:\FR\FM\07DEN1.SGM
07DEN1
]]>Agencies
[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Notices]
[Pages 69228-69232]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26441]
-----------------------------------------------------------------------
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; Patent Review and Derivation Proceedings
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-
0069 (Patent Review and Derivation Proceedings). 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 February 7, 2022.
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-
0069 comment'' in the subject line of the message.
Federal Rulemaking Portal: https://www.regulations.gov.
[[Page 69229]]
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 Michael P. Tierney, Vice Chief Administrative
Patent Judge, Patent Trial and Appeals Board, United States Patent and
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by
telephone at 571-272-4676; or by email to [email protected]
with ``0651-0069 comment'' in the subject line. Additional information
about this information collection is also available at https://www.reginfo.gov under ``Information Collection Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
The Leahy-Smith America Invents Act, which was enacted into law on
September 16, 2011, provided for many changes to the procedures of the
Patent Trial and Appeal Board (``PTAB'' or ``Board'', formerly the
Board of Patent Appeals and Interferences) procedures. These changes
included the introduction of inter partes review, post-grant review,
derivation proceedings, and the transitional program for covered
business method patents. Under these administrative trial proceedings,
third parties may file a petition with the PTAB challenging the
validity of issued patents, with each proceeding having different
requirements regarding timing restrictions, grounds for challenging
validity, and who may request review.
Inter partes review is a trial proceeding conducted at the Board to
review the patentability of one or more claims in a patent only on a
ground that could be raised under Sec. Sec. 102 or 103, and only on
the basis of prior art consisting of patents or printed publications.
Post grant review is a trial proceeding conducted at the Board to
review the patentability of one or more claims in a patent on any
ground that could be raised under Sec. 282(b)(2) or (3). A derivation
proceeding is a trial proceeding conducted at the Board to determine
whether (1) an inventor named in an earlier application derived the
claimed invention from an inventor named in the petitioner's
application, and (2) the earlier application claiming such invention
was filed without authorization. The transitional program for covered
business method patents is a trial proceeding conducted at the Board to
review the patentability of one or more claims in a covered business
method patent. The covered business method program expired on September
16, 2020 and the Board no longer accepts new petitions related to this
program, but continues to accept papers in previously-instituted
proceedings.
This information collection covers information submitted by the
public to petition the Board to initiate an inter partes review, post-
grant review, derivation proceeding, and the transitional program for
covered business method patents, as well as any responses to such
petitions, and the filing of any motions, replies, oppositions, and
other actions, after a review/proceeding has been instituted.
II. Method of Collection
Applicants submit the information electronically using the PTAB
End-to-End (PTAB E2E) filing system. Parties may seek authorization to
submit a filing by means other than electronic filing pursuant to 42
CFR 42.6(b)(2).
III. Data
OMB Control Number: 0651-0069.
Form Numbers: None.
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Private sector; individuals or households.
Estimated Number of Respondents: 9,138 respondents per year.
Estimated Number of Responses: 12,238 responses per year.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public between 30 minutes
(0.5 hours) and 165 hours to complete. This 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: 1,360,058 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden:
$591,625,230.
Table 1--Burden Hour/Burden Cost to Private Sector Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated time Estimated annual
Item No. Item annual Responses per Estimated annual for response Estimated burden Rate\1\ respondent cost
respondents respondent responses (hours) (hour/year) ($/hour) burden
(a) (b) (a) x (b) = (c) (d) (c) x (d) = (e) (f) (e) x (f) = (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............... Petition for Inter 1,450 1 1,450 124 179,800 $435 $78,213,000
Partes Review.
2............... Petition for Post- 100 1 100 165 16,500 435 7,177,500
Grant Review or
Covered Business
Method Patent
Review.
3............... Petition for 10 1 10 165 1,650 435 717,750
Derivation.
4............... Patent Owner 1,175 1 1,175 91 106,925 435 46,512,375
Preliminary
Response to
Petition for
Initial Inter
Partes Review.
5............... Patent Owner 100 1 100 91 9,100 435 3,958,500
Preliminary
Response to
Petition for
Initial Post-
Grant Review or
Covered Business
Method Patent
Review.
6............... Request for 250 1 250 80 20,000 435 8,700,000
Rehearing.
7............... Other Motions, 2,900 2 5,800 158 916,400 435 398,634,000
Replies,
Surreplies, and
Oppositions in
Inter Partes
Review.
[[Page 69230]]
8............... Other Motions, 200 2 400 148 59,200 435 25,752,000
Replies,
Surreplies, and
Oppositions in
Post-Grant Review
or Covered
Business Method
Review.
9............... Other Motions, 10 1 10 120 1,200 435 522,000
Replies,
Surreplies, and
Oppositions in
Derivation
Proceedings.
10.............. Pro Hac Vice 950 1 950 *0.5 475 435 206,625
Admission Motion.
11.............. Request for Oral 575 1 575 2 1,150 435 500,250
Hearing.
12.............. Request to Treat a 450 1 450 2 900 435 391,500
Settlement as
Business
Confidential.
13.............. Settlement........ 450 1 450 100 45,000 435 19,575,000
14.............. Arbitration 1 1 1 4 4 435 1,740
Agreement and
Award.
15.............. Request to Make a 1 1 1 1 1 435 435
Settlement
Agreement
Available.
16.............. Notice of Judicial 500 1 500 1 500 435 217,500
Review of a Board
Decision (e.g.
Notice of Appeal
Under 35 U.S.C.
Sec. 142).
-------------------------------------------------------------------------------------------------------------------
Total.......... 9,222 .............. 12,222 .............. 1,358,805 ......... 591,080,175
--------------------------------------------------------------------------------------------------------------------------------------------------------
* (30 minutes).
\1\ 2021 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association
(AIPLA); pg. F-27. The USPTO uses the average billing rate for intellectual property attorneys in private firms which is $435 per hour.
Table 2--Burden Hour/Burden Cost to Individuals or Households Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated time Estimated annual
Item No. Item annual Responses per Estimated annual for response Estimated burden Rate \2\ respondent cost
respondents respondent responses (hours) (hour/year) ($/hour) burden
(a) (b) (a) x (b) = (c) (d) (c) x (d) = (e) (f) (e) x (f) = (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1............... Petition for Inter 1 1 1 124 124 $435 $53,940
Partes Review.
2............... Petition for Post- 1 1 1 165 165 435 71,775
Grant Review or
Covered Business
Method Patent
Review.
3............... Petition for 1 1 1 165 165 435 71,775
Derivation.
4............... Patent Owner 1 1 1 91 91 435 39,585
Preliminary
Response to
Petition for
Initial Inter
Partes Review.
5............... Patent Owner 1 1 1 91 91 435 39,585
Preliminary
Response to
Petition for
Initial Post-
Grant Review or
Covered Business
Method Patent
Review.
6............... Request for 1 1 1 80 80 435 34,800
Rehearing.
7............... Other Motions, 1 1 1 158 158 435 68,730
Replies,
Surreplies, and
Oppositions in
Inter Partes
Review.
8............... Other Motions, 1 1 1 148 148 435 64,380
Replies,
Surreplies, and
Oppositions in
Post-Grant Review
or Covered
Business Method
Review.
9............... Other Motions, 1 1 1 120 120 435 52,200
Replies,
Surreplies, and
Oppositions in
Derivation
Proceedings.
10.............. Pro Hac Vice 1 1 1 *0.5 1 435 435
Motion.
[[Page 69231]]
11.............. Request for Oral 1 1 1 2 2 435 870
Hearing.
12.............. Request to Treat a 1 1 1 2 2 435 870
Settlement as
Business
Confidential.
13.............. Settlement........ 1 1 1 100 100 435 43,500
14.............. Arbitration 1 1 1 4 4 435 1,740
Agreement and
Award.
15.............. Request to Make a 1 1 1 1 1 435 435
Settlement
Agreement
Available.
16.............. Notice of Judicial 1 1 1 1 1 435 435
Review of a Board
Decision (e.g.,
Notice of Appeal
Under 35 U.S.C.
Sec. 142).
-------------------------------------------------------------------------------------------------------------------
Total.......... 16 .............. 16 .............. 1,253 ......... 545,055
--------------------------------------------------------------------------------------------------------------------------------------------------------
* (30 minutes).
\2\ 2021 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association
(AIPLA); pg. F-27. The USPTO uses the average billing rate for intellectual property attorneys in private firms which is $435 per hour.
Estimated Total Annual Respondent (Non-hourly) Cost Burden:
$69,638,370. There are no capital start-up, maintenance, or postage
associated with this information collection. However, this information
collection does have annual (non-hour) costs in the form of filing fees
which are listed in the table below.
Table 3--Filing Fees (Non-Hour) Cost Burden Patent Review and Derivation Proceedings
----------------------------------------------------------------------------------------------------------------
Estimated
Item No. Item annual Filing fee Estimated cost
responses ($) burden ($)
............................... (a) (d) (a) x (b) = (c)
----------------------------------------------------------------------------------------------------------------
1........................... Inter Partes Review Request 1,450 19,000 27,550,000
Fee--Up to 20 Claims.
1........................... Inter Partes Post-Institution 1,450 22,500 32,625,000
Fee--Up to 20 Claims.
1........................... Inter Partes Review Request of 3,500 375 1,312,500
Each Claim in Excess of 20.
1........................... Inter Partes Post-Institution 3,500 750 2,625,000
Request of Each Claim in
Excess of 20.
2........................... Post-Grant or Covered Business 100 20,000 2,000,000
Method Review Request Fee--Up
to 20 Claims.
2........................... Post-Grant or Covered Business 100 27,500 2,750,000
Method Review Post-Institution
Fee--Up to 20 Claims.
2........................... Post-Grant or Covered Business 350 475 166,250
Method Review Request of Each
Claim in Excess of 20.
2........................... Post-Grant or Covered Business 350 1,050 367,500
Method Review Post-Institution
Fee of Each Claim in Excess of
20.
3........................... Petition for Derivation........ 10 420 4,200
10.......................... Pro Hac Vice Admission Fee..... 950 250 237,500
14.......................... Request to Make a Settlement 1 420 420
Agreement Available.
--------------------------------------------------
Total....................... .............. .............. 69,638,370
----------------------------------------------------------------------------------------------------------------
Respondent's Obligation: Required to obtain or retain benefits.
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, phone number, email address, or other personally
identifiable 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
[[Page 69232]]
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. 2021-26441 Filed 12-6-21; 8:45 am]
BILLING CODE 3510-16-P
