Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Legal Processes, 56931-56933 [2022-20132]
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Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Notices
Report; Organization Reports; and
Liaison Reports
Other Business and General Public
Comment
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, in
accordance with the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act), those
issues may not be the subject of formal
action during these meetings. Actions
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).
Special Accommodations
These meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aid
should be directed to Shelley Spedden,
(302) 526–5251, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 12, 2022.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2022–20055 Filed 9–15–22; 8:45 am]
BILLING CODE 3510–22–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; Legal Processes
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), as required
by the Paperwork Reduction Act of
1995, invites comments on the
extension and revision of an existing
information collection: 0651–0046 Legal
Processes. The purpose of this notice is
to allow 60 days for public comment
preceding submission of the information
collection to OMB.
khammond on DSKJM1Z7X2PROD with NOTICES
SUMMARY:
To ensure consideration,
comments regarding this information
collection must be received on or before
November 15, 2022.
DATES:
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16:43 Sep 15, 2022
Jkt 256001
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 ‘‘0651–0046
comment’’ in the subject line of the
message.
• Federal Rulemaking Portal: https://
www.regulations.gov.
• Mail: Justin Isaac, Office of the
Chief Administrative Officer, United
States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313–
1450.
FOR FURTHER INFORMATION CONTACT:
Request for additional information
should be directed to Kyu Lee, Office of
General Law, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–3000; or by email
at Kyu.Lee@uspto.gov with ‘‘0651–0046
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:
ADDRESSES:
I. Abstract
This collection covers information
requirements related to civil actions and
claims involving current and former
employees of the United States Patent
and Trademark Office (USPTO). The
rules for these legal processes may be
found under 37 CFR part 104, which
outlines procedures for service of
process, demands for employee
testimony and production of documents
in legal proceedings, reports of
unauthorized testimony, employee
indemnification, and filing claims
against the USPTO under the Federal
Tort Claims Act (28 U.S.C. 2672) and
the corresponding Department of Justice
regulations (28 CFR part 14). The public
may also petition the USPTO Office of
General Counsel under 37 CFR 104.3 to
waive or suspend these rules in
extraordinary cases.
The procedures under 37 CFR part
104 ensure that service of process
intended for current and former
employees of the USPTO is handled
properly. The USPTO will only accept
service of process for an employee
acting in an official capacity. This
collection is necessary so that
respondents or their representatives can
serve a summons or complaint on the
USPTO, demand employee testimony
and documents related to a legal
proceeding, or file a claim under the
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Sfmt 4703
56931
Federal Tort Claims Act. Respondents
may also petition the USPTO to waive
or suspend these rules for legal
processes. This collection is also
necessary so that current and former
USPTO employees may properly
forward service and demands to the
Office of General Counsel, report
unauthorized testimony, and request
indemnification. The USPTO covers
current employees as respondents under
this information collection even though
their responses do not require approval
under the Paperwork Reduction Act. In
those instances where both current and
former employees may respond to the
USPTO, the agency estimates that the
number of respondents will be small.
There are no forms provided by the
USPTO for this collection. For filing
claims under the Federal Tort Claims
Act, the public may use Standard Form
95 ‘‘Claim for Damage, Injury, or
Death,’’ which is provided by the
Department of Justice and approved by
the Office of Management and Budget
(OMB) under OMB Control Number
1105–0008.
II. Method of Collection
By mail or hand delivery to the
USPTO.
III. Data
OMB Control Number: 0651–0046.
Forms:
• Standard Form 95 (Claim for
Damage, Injury, or Death).
Type of Review: Extension and
revision of a currently approved
information collection.
Affected Public: Private sector;
individuals or households.
Respondent’s Obligation: Required to
obtain or retain benefits.
Estimated Number of Annual
Respondents: 309 respondents.
Estimated Number of Annual
Responses: 309 responses.
Estimated Time per Response: The
USPTO estimates that the responses in
this information collection will take the
public approximately between 5
minutes (0.08 hours) and 6 hours to
complete. This includes the time to
gather the necessary information, create
the document, and submit the
completed item to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 133 hours.
Estimated Total Annual Respondent
Hourly Cost Burden: $57,513.
E:\FR\FM\16SEN1.SGM
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56932
Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Notices
TABLE 1—TOTAL BURDEN HOURS AND HOURLY COSTS TO PRIVATE SECTOR RESPONDENTS
Item No.
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated
burden
(hour/year)
Rate 1
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
1 .....................
Petition to Waive Rules .....
4
1
4
2 .....................
Service of Process .............
195
1
195
3 .....................
Forwarding Service ............
6
1
6
4 .....................
Employee Testimony and
Production of Documents
in Legal Proceedings.
Forwarding Demands .........
27
1
27
8
1
8
Totals ..........................
240
........................
240
5 .....................
0.5 (30 minutes).
0.08 (5 minutes).
0.17 (10 minutes).
2 ...................
2
$435
$870
16
435
6,960
1
435
435
54
435
23,490
0.17 (10 minutes).
1
435
435
......................
74
........................
$32,190
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 $435 per hour. (https:/;www.aipla.org/home/news-publications/economic-survey).
TABLE 2—TOTAL BURDEN HOURS AND HOURLY COSTS TO INDIVIDUAL AND HOUSEHOLD RESPONDENTS
Item No.
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated
burden
(hour/year)
Rate 2
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
1 .....................
Petition to Waive Rules .....
1
1
1
2 .....................
Service of Process .............
48
1
48
3 .....................
Forwarding Service ............
1
1
1
4 .....................
Employee Testimony and
Production of Documents
in Legal Proceedings.
Forwarding Demands .........
6
1
6
2
1
2
1
1
1
5 .....................
0.5 (30 minutes).
0.08 (5 minutes).
0.17 (10 minutes).
2 ...................
3
1
3
8 .....................
Report of Unauthorized
Testimony.
Report of Possible Indemnification Cases.
Employee Indemnification ..
1
1
1
9 .....................
Tort Claims .........................
6
1
6
0.17 (10 minutes).
0.5 (30 minutes).
0.5 (30 minutes).
0.5 (30 minutes).
6 ...................
Totals ..........................
69
........................
69
......................
6 .....................
7 .....................
1
$435
$435
4
435
1,740
1
435
435
12
435
5,220
1
435
435
1
435
435
2
435
870
1
92.50
93
36
435
15,660
59
........................
25,323
2 Ibid.
Estimated Total Annual Respondent
Non-Hourly Cost Burden: $4,569.
There are no capital start-up,
maintenance costs, or recordkeeping
costs associated with this information
collection. However, USPTO estimates
that the total annual (non-hour) cost
burden for this information collection,
in the form of filing fees and postage is
$4,569.
khammond on DSKJM1Z7X2PROD with NOTICES
Filing Fees
This collection has filing fees
associated with the petition to waive or
suspend the legal process rules under 37
CFR 104.3. The USPTO estimates that
approximately 5 petitions will be filed
per year with a fee of $130, for a total
fee cost of $650. There are no other fees
associated with this information
collection.
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16:43 Sep 15, 2022
Jkt 256001
Postage Costs
IV. Request for Comments
The USPTO estimates that all
submissions in this collection will be
submitted by mail. The average firstclass postage for a four-ounce mailed
submission (for items other than a
Service of Process) will be $1.76 cents,
resulting in a total of $116.16 ($1.76 ×
66) for submissions other than a Service
of Process. The USPTO estimates that
the average postage for a Service of
Process will be $15.65 (Priority Mail
flat-rate envelope by certified mail with
return receipt), resulting in a total of
$3,802.95 ($15.65 × 243) for Sevice of
Process submissions. Therefore, the
USPTO estimates the total postage cost
for this collection is $3,919.
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 will 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 of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
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Federal Register / Vol. 87, No. 179 / Friday, September 16, 2022 / Notices
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
cannot guarantee that it will be able to
do so.
Justin Isaac,
Acting Information Collections Officer, Office
of the Chief Adminstrative Officer, United
States Patent and Trademark Office.
[FR Doc. 2022–20132 Filed 9–15–22; 8:45 am]
BILLING CODE 3510–30–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
khammond on DSKJM1Z7X2PROD with NOTICES
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Requirements for Patent
Applications Containing Nucleotide
Sequence and/or Amino Acid
Sequence Disclosures
The United States Patent and
Trademark Office (USPTO) will submit
the following information collection
request to the Office of Management and
Budget (OMB) for review and clearance
in accordance with the Paperwork
Reduction Act of 1995, on or after the
date of publication of this notice. The
USPTO invites comment on this
information collection renewal, which
helps the USPTO assess the impact of
its information collection requirements
and minimize the public’s reporting
burden. Public comments were
previously requested via the Federal
Register on June 7, 2022 during a 60-day
comment period. This notice allows for
an additional 30 days for public
comments.
Agency: United States Patent and
Trademark Office, Department of
Commerce.
Title: Requirements for Patent
Applications Containing Nucleotide
Sequence and/or Amino Acid Sequence
Disclosures.
OMB Control Number: 0651–0024.
Needs and Uses: Patent applications
that contain nucleotide and/or amino
VerDate Sep<11>2014
16:43 Sep 15, 2022
Jkt 256001
acid sequence disclosures falling within
the definitions of 37 CFR 1.821(a) (for
applications filed on or before June 30,
2022) or 37 CFR 1.831 (for applications
filed on or after July 1, 2022) must
include, as a separate part of the
disclosure, a copy of the sequence
listing in accordance with the
requirements in 37 CFR 1.821–1.825 or
37 CFR 1.831–1.835, respectively.
Applicants may submit sequence
listings for both U.S. and international
biotechnology patent applications.
Submissions of sequence listings in
international applications are governed
by Patent Cooperation Treaty (PCT)
Rules 5.2 and 13ter, as well as the PCT
Administrative Instructions, Annex C.
The USPTO uses applicants’ sequence
listings during the examination process
to determine the patentability of the
claimed invention. The USPTO also
uses sequence listings for pre-grant
publication of patent applications and
publication of issued patents. Sequence
listings are publicly searchable after
publication of the pre-grant application
or issued patent.
This information collection covers the
submission of sequence listing
information itself. Information
pertaining to the initial filing of U.S.
patent applications is collected under
OMB Control Number 0651–0032 and
information pertaining to the initial
filing of international applications is
collected under OMB Control Number
0651–0021.
Sequence listings in applications filed
on or before June 30, 2022 may be
submitted via the USPTO patent
electronic filing system as an ASCII text
file or as a Portable Document Format
(PDF) file. For U.S. applications filed on
or before June 30, 2022, 37 CFR 1.821(c)
permits all modes of submission: paper,
read-only optical disc, or electronic
filing via the USPTO patent electronic
filing system. Sequence listings for
international applications may only be
submitted on paper or through the
USPTO patent electronic filing system.
Sequence listings that are too large to be
filed electronically through the USPTO
patent electronic filing system may be
submitted on read-only optical disc.
This information collection also
accounts for the requirement under 37
CFR 1.821(e)(1) or 1.821(e)(2) that a
copy of the sequence listing submitted
pursuant to 37 CFR 1.821(c)(2) or (c)(3)
must also be submitted in computer
readable form (CRF) in accordance with
37 CFR 1.824. Under 37 CFR 1.821(e)(1)
or 1.821(e)(2), applicants who submit
their sequence listings on paper or as a
PDF via the USPTO patent electronic
filing system must submit a copy of the
sequence listing in CRF with a
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56933
statement indicating that the CRF copy
of the sequence listing is identical to the
paper or PDF copy provided under 37
CFR 1.821(c)(3) or 1.821(c)(2),
respectively. Applicants may submit the
CRF copy of the sequence listing to the
USPTO via the USPTO patent electronic
filing system, or on read-only optical
disc or other acceptable media as
provided in 37 CFR 1.824. If a new
application is filed via the USPTO
patent electronic filing system with an
ASCII text file sequence listing that
complies with the requirements of 37
CFR 1.824(a)(1)–(5) and (b), and the
applicant has not filed a sequence
listing on paper or as a PDF file, no
separate text file is required. Therefore,
no associated statement regarding both
copies being identical would be
required. Similarly, if a new application
is filed with an ASCII text file sequence
listing on read-only optical disc that
complies with the requirements of 37
CFR 1.824(a)(1)–(5) and 37 CFR 1.52(e),
the single read-only optical disc is the
CRF, and no additional submission is
required.
Sequence listings in applications filed
on or after July 1, 2022 must be
submitted in XML format per 37 CFR
1.831, which was recently implemented
to achieve alignment with World
Intellectual Property Office Standard
ST.26 (WIPO Standard ST.26) (Standard
for Presentation of Nucleotide and
Amino Acid Sequence Listings Using
eXtensible Markup Language (XML) in
Patent Applications To Implement
WIPO Standard ST.26; Incorporation by
Reference, 87 FR 30806, 5/20/22,
effective July 1, 2022). These
submissions may be made electronically
via the USPTO patent electronic filing
system as an XML file not exceeding
100MB without file compression, or as
an XML file on a read-only optical disc
in accordance with 37 CFR 1.834(b)–(c).
One item, Request for Transfer of a
Computer Readable Form under 37 CFR
1.821(e), has been removed from this
information collection. This item is no
longer part of this information
collection’s process per a recent
rulemaking (Electronic Submission of a
Sequence Listing, a Large Table, or a
Computer Program Listing Appendix in
Patent Applications; 86 FR 57035, 10/
14/2021, effective November 15, 2021).
Form Number(s): None.
Type of Review: Extension and
revision of a currently approved
information collection.
Affected Public: Private sector;
individuals or households.
Respondent’s Obligation: Required to
obtain or retain benefits.
Frequency: On occasion.
E:\FR\FM\16SEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 179 (Friday, September 16, 2022)]
[Notices]
[Pages 56931-56933]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20132]
-----------------------------------------------------------------------
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; Legal Processes
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-
0046 Legal Processes. 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 15, 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-
0046 comment'' in the subject line of the message.
Federal Rulemaking Portal: https://www.regulations.gov.
Mail: Justin Isaac, Office of the Chief Administrative
Officer, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Request for additional information
should be directed to Kyu Lee, Office of General Law, United States
Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450;
by telephone at 571-272-3000; or by email at [email protected] with
``0651-0046 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
This collection covers information requirements related to civil
actions and claims involving current and former employees of the United
States Patent and Trademark Office (USPTO). The rules for these legal
processes may be found under 37 CFR part 104, which outlines procedures
for service of process, demands for employee testimony and production
of documents in legal proceedings, reports of unauthorized testimony,
employee indemnification, and filing claims against the USPTO under the
Federal Tort Claims Act (28 U.S.C. 2672) and the corresponding
Department of Justice regulations (28 CFR part 14). The public may also
petition the USPTO Office of General Counsel under 37 CFR 104.3 to
waive or suspend these rules in extraordinary cases.
The procedures under 37 CFR part 104 ensure that service of process
intended for current and former employees of the USPTO is handled
properly. The USPTO will only accept service of process for an employee
acting in an official capacity. This collection is necessary so that
respondents or their representatives can serve a summons or complaint
on the USPTO, demand employee testimony and documents related to a
legal proceeding, or file a claim under the Federal Tort Claims Act.
Respondents may also petition the USPTO to waive or suspend these rules
for legal processes. This collection is also necessary so that current
and former USPTO employees may properly forward service and demands to
the Office of General Counsel, report unauthorized testimony, and
request indemnification. The USPTO covers current employees as
respondents under this information collection even though their
responses do not require approval under the Paperwork Reduction Act. In
those instances where both current and former employees may respond to
the USPTO, the agency estimates that the number of respondents will be
small.
There are no forms provided by the USPTO for this collection. For
filing claims under the Federal Tort Claims Act, the public may use
Standard Form 95 ``Claim for Damage, Injury, or Death,'' which is
provided by the Department of Justice and approved by the Office of
Management and Budget (OMB) under OMB Control Number 1105-0008.
II. Method of Collection
By mail or hand delivery to the USPTO.
III. Data
OMB Control Number: 0651-0046.
Forms:
Standard Form 95 (Claim for Damage, Injury, or Death).
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Private sector; individuals or households.
Respondent's Obligation: Required to obtain or retain benefits.
Estimated Number of Annual Respondents: 309 respondents.
Estimated Number of Annual Responses: 309 responses.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public approximately
between 5 minutes (0.08 hours) and 6 hours to complete. This includes
the time to gather the necessary information, create the document, and
submit the completed item to the USPTO.
Estimated Total Annual Respondent Burden Hours: 133 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $57,513.
[[Page 56932]]
Table 1--Total Burden Hours and Hourly Costs to Private Sector Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
Estimated Responses per Estimated Estimated time Estimated Rate \1\ ($/ annual
Item No. Item annual respondent annual for response burden (hour/ hour) respondent
respondents responses (hours) year) cost burden
(a) (b) (a) x (b) = (d).............. (c) x (d) = (f) (e) x (f) =
(c) (e) (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................. Petition to Waive 4 1 4 0.5 (30 minutes). 2 $435 $870
Rules.
2................. Service of 195 1 195 0.08 (5 minutes). 16 435 6,960
Process.
3................. Forwarding 6 1 6 0.17 (10 minutes) 1 435 435
Service.
4................. Employee 27 1 27 2................ 54 435 23,490
Testimony and
Production of
Documents in
Legal
Proceedings.
5................. Forwarding 8 1 8 0.17 (10 minutes) 1 435 435
Demands.
------------------------------------------------------------------------------------------------------------------
Totals........ 240 .............. 240 ................. 74 .............. $32,190
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 $435 per hour. (https:/
;www.aipla.org/home/news-publications/economic-survey).
Table 2--Total Burden Hours and Hourly Costs to Individual and Household Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
Estimated Responses per Estimated Estimated time Estimated Rate \2\ ($/ annual
Item No. Item annual respondent annual for response burden (hour/ hour) respondent
respondents responses (hours) year) cost burden
(a) (b) (a) x (b) = (d).............. (c) x (d) = (f) (e) x (f) =
(c) (e) (g)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................. Petition to Waive 1 1 1 0.5 (30 minutes). 1 $435 $435
Rules.
2................. Service of 48 1 48 0.08 (5 minutes). 4 435 1,740
Process.
3................. Forwarding 1 1 1 0.17 (10 minutes) 1 435 435
Service.
4................. Employee 6 1 6 2................ 12 435 5,220
Testimony and
Production of
Documents in
Legal
Proceedings.
5................. Forwarding 2 1 2 0.17 (10 minutes) 1 435 435
Demands.
6................. Report of 1 1 1 0.5 (30 minutes). 1 435 435
Unauthorized
Testimony.
7................. Report of 3 1 3 0.5 (30 minutes). 2 435 870
Possible
Indemnification
Cases.
8................. Employee 1 1 1 0.5 (30 minutes). 1 92.50 93
Indemnification.
9................. Tort Claims...... 6 1 6 6................ 36 435 15,660
------------------------------------------------------------------------------------------------------------------
Totals........ 69 .............. 69 ................. 59 .............. 25,323
--------------------------------------------------------------------------------------------------------------------------------------------------------
\2\ Ibid.
Estimated Total Annual Respondent Non-Hourly Cost Burden: $4,569.
There are no capital start-up, maintenance costs, or recordkeeping
costs associated with this information collection. However, USPTO
estimates that the total annual (non-hour) cost burden for this
information collection, in the form of filing fees and postage is
$4,569.
Filing Fees
This collection has filing fees associated with the petition to
waive or suspend the legal process rules under 37 CFR 104.3. The USPTO
estimates that approximately 5 petitions will be filed per year with a
fee of $130, for a total fee cost of $650. There are no other fees
associated with this information collection.
Postage Costs
The USPTO estimates that all submissions in this collection will be
submitted by mail. The average first-class postage for a four-ounce
mailed submission (for items other than a Service of Process) will be
$1.76 cents, resulting in a total of $116.16 ($1.76 x 66) for
submissions other than a Service of Process. The USPTO estimates that
the average postage for a Service of Process will be $15.65 (Priority
Mail flat-rate envelope by certified mail with return receipt),
resulting in a total of $3,802.95 ($15.65 x 243) for Sevice of Process
submissions. Therefore, the USPTO estimates the total postage cost for
this collection is $3,919.
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 will 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 of information on those
who are to respond, including through the use of appropriate automated,
electronic, mechanical, or other
[[Page 56933]]
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 cannot guarantee that it will be able to do so.
Justin Isaac,
Acting Information Collections Officer, Office of the Chief
Adminstrative Officer, United States Patent and Trademark Office.
[FR Doc. 2022-20132 Filed 9-15-22; 8:45 am]
BILLING CODE 3510-30-P
