Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Term Extension and Adjustment, 70788-70791 [2022-25314]
Download as PDF
<![CDATA[
70788
Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices
Compliance between July 1, 2022, and
September 30, 2022.
Scope Rulings Made July 1, 2022
Through September 30, 2022
People’s Republic of China (China)
A–570–135 and C–570–136: Certain
Chassis and Subassemblies Thereof
From China
Requestor: Trans Texas Tire LLC.
Wheel caps are not covered by the scope
of the antidumping duty (AD) order on
certain chassis and subassemblies
thereof from China because these
components are not used for further
assembly with a finished or unfinished
chassis and are utilized solely for
marine trailers, utility trailers, and
recreational vehicles; July 6, 2022.
A–570–106 and C–570–107: Wooden
Cabinets and Vanities and Components
Thereof From China
Requestor: AYC LLC. Chloe Styling
Station is not covered by the scope of
these orders because this product is a
freestanding cabinet that is not for
permanent installation. The scope of the
orders covers wooden cabinets and
vanities that are for permanent
installation. Therefore, Chloe Styling
Station is outside the scope of the
orders. Further, Sanden Shampoo
Cabinet (AYC Styling Station) is covered
by the scope of the orders because this
product requires permanent installation
by attachment of plumbing and, thus,
falls within the scope as a cabinet for
permanent installation; August 1, 2022.
lotter on DSK11XQN23PROD with NOTICES1
A–570–922: Raw Flexible Magnets From
China
Requestor: Fasteners for Retail, Inc.
dba Siffron. Siffron’s plastic shelf
dividers are outside the scope of the AD
order on raw flexible magnets from
China because the raw flexible magnet
component of the plastic shelf dividers
is rendered inflexible by attachment to
a component plastic blade, and the
order only pertains to flexible magnets.
Therefore, Siffron’s plastic shelf divider
is not within the scope of the order;
August 9, 2022.
A–570–090 and C–570–091: Certain
Steel Wheels 12 to 16.5 Inches in
Diameter From China
Requestor: Wheel Source, Inc. (Wheel
Source). Passenger vehicle wheel model
numbers X–76801 and 28860W, which
are 16 inches in diameter, imported by
Wheel Source are not covered by the
scope of the AD and countervailing duty
(CVD) orders on certain steel wheels 12
to 16.5 inches in diameter (steel wheels)
from China because they have different
hub bore sizes, offsets, and load ratings
VerDate Sep<11>2014
21:25 Nov 18, 2022
Jkt 259001
that make them unsuitable for use on
trailer or towable equipment; August 26,
2022.
A–570–899: Certain Artist Canvas From
China
Requestor: RV Print Factory LLC (RV
Print). Certain polyester fabrics coated
with ethylene-vinyl acetate (EVACPET)
imported by RV Print are covered by the
scope of the AD order on artist canvas
from China because the fabrics are
primed/coated with EVACPET to
convert the fabric into a canvas and
enter the United States as rolls that are
converted/printed, varnished, framed,
and shipped as artwork prints and
custom photos; August 29, 2022.
Preliminary Scope Ruling/
Circumvention Determination
Combinations Made July 1, 2022
Through September 30, 2022
China
A–570–051 and C–570–052: Certain
Hardwood Plywood Products From
China
Requestor: Coalition for Fair Trade in
Hardwood Plywood. Commerce
preliminarily found that hardwood
plywood products assembled in
Vietnam using certain inputs/
components sourced from China and
exported to the United States are
covered by the scope of the AD and CVD
rders on hardwood plywood products
from China.
Additionally, Commerce
preliminarily determined that hardwood
plywood products assembled in
Vietnam using certain inputs/
components sourced from China and
exported to the United States were not
initially covered by the scope but were
preliminarily found to be circumventing
the orders; July 22, 2022.
A–570–042 and C–570–043: Stainless
Steel Sheet and Strip (SSSS) From
China
Self-initiated Scope/Circumvention
Inquiry concerning SSSS from China,
further processed in and exported from
Vietnam. Preliminarily found that SSSS
produced in China that meets all
specifications of in-scope merchandise
but is exported from Vietnam, is
covered by the scope of the AD and CVD
orders on SSSS from China because the
scope includes language covering SSSS
that is further processed in a third
country (e.g., Vietnam).
Additionally, preliminarily found that
SSSS that meets all specifications of inscope merchandise but is produced in
Vietnam using certain non-subject
stainless steel flat-rolled inputs of
Chinese-origin were not initially
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
covered by the scope, but were
preliminarily found to be circumventing
the AD and CVD orders on SSSS from
China because the processing performed
in Vietnam is minor or insignificant
based on the totality of the factors under
section 781(b)(2) of the Tariff Act of
1930, as amended; September 9, 2022.
Notification to Interested Parties
Interested parties are invited to
comment on the completeness of this
list of completed scope inquiries and
scope/circumvention inquiry
combinations made during the period
July 1, 2022 through September 30,
2022. Any comments should be
submitted to the Deputy Assistant
Secretary for AD/CVD Operations,
Enforcement and Compliance,
International Trade Administration, via
email to CommerceCLU@trade.gov.
This notice is published in
accordance with 19 CFR 351.225(o).
Dated: November 16, 2022.
James Maeder,
Deputy Assistant Secretary for Antidumping
and Countervailing Duty Operations.
[FR Doc. 2022–25300 Filed 11–18–22; 8:45 am]
BILLING CODE 3510–DS–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 Term Extension and
Adjustment
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: 0651–0020
Patent Term Extension and Adjustment.
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
January 20, 2023.
ADDRESSES: Interested persons are
invited to submit written comments by
any of the following methods. Do not
submit Confidential Business
SUMMARY:
E:\FR\FM\21NON1.SGM
21NON1
70789
Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices
Information or otherwise sensitive or
protected information.
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0020
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:
Requests for additional information
should be directed to Parikha Mehta,
Senior Legal Advisor, United States
Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313–1450; by
telephone at 571–272–3248; or by email
at parikha.mehta@uspto.gov with
‘‘0651–0020 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 patent term restoration portion of
the Drug Price Competition and Patent
Term Restoration Act of 1984 (Pub. L.
98–417), which is codified at 35 U.S.C.
156, permits the United States Patent
and Trademark Office (USPTO) to
extend the term of protection under a
patent to compensate for delay during
regulatory review and approval by the
Food and Drug Administration (FDA) or
United States Department of Agriculture
(USDA). Only patents for drug products,
medical devices, food additives, or color
additives are potentially eligible for
extension. The maximum length that a
patent may be extended under 35 U.S.C.
156 is 5 years. The USPTO administers
35 U.S.C. 156 through 37 CFR 1.710–
1.791.
This information collection covers
information gathered in patent term
extension applications submitted under
35 U.S.C. 156(d). Under this provision,
an application for patent term extension
must identify the approved product; the
patent to be extended; and the claims
included in the patent that cover the
approved product, a method of using
the approved product, or a method of
manufacturing the approved product. 35
U.S.C. 156(d) also requires the
submission of information that enables
the USPTO to determine the eligibility
of the patent for extension, and the
rights that will be derived from the
extension, and information to enable the
USPTO and the Secretary of Health and
Human Services or the Secretary of
Agriculture to determine the period of
the extension. Additionally, 35 U.S.C.
156(d) requires the applicant for patent
term extension to provide a brief
description of the activities undertaken
by the applicant during the regulatory
review period with respect to the
approved product and the significant
dates of these activities.
This information collection also
covers information gathered in requests
for interim extensions pursuant to 35
U.S.C. 156(d)(5) and 156(e)(2). Under 35
U.S.C. 156(d)(5), an interim extension
may be granted if the applicable
regulatory review period that began for
a product is reasonably expected to
extend beyond the expiration of the
patent term in effect. Under 35 U.S.C.
156(e)(2), an interim extension may be
granted if the term of an eligible patent
for which an application for patent term
extension has been submitted would
expire before a certificate of extension is
issued. In addition, this information
collection covers requests for review of
final eligibility decisions, and requests
to withdraw an application requesting a
patent term extension after it is
submitted.
Separate from the extension
provisions of 35 U.S.C. 156, the USPTO
may in some cases adjust the term of an
original patent under the provisions of
35 U.S.C. 154 due to certain delays in
the prosecution of the patent
application, including delays caused by
interference proceedings, secrecy
orders, or appellate review by the Patent
Trial and Appeal Board or a Federal
court in which the patent is issued
pursuant to a decision reversing an
adverse USPTO determination of
patentability. The USPTO administers
35 U.S.C. 154 through 37 CFR 1.701–
1.705. The patent term provisions of 35
U.S.C. 154(b), as amended by Title IV,
Subtitle D of the Intellectual Property
and Communications Omnibus Reform
Act of 1999, allow the applicant an
opportunity to request reconsideration
of the USPTO’s patent term adjustment
determination. This information
collection covers information gathered
in such a request.
In addition, this information
collection covers information collected
when the USPTO reduces the amount of
a granted patent term adjustment if
delays were caused by an applicant’s
failure to make a reasonable effort to
respond to a communication from the
USPTO within three months of the
communication’s mailing date.
Applicants may petition for
reinstatement of a reduction in patent
term adjustment with a showing that, in
spite of all due care, the applicant was
unable to respond to a communication
from the USPTO within the three-month
period.
The title of this item has been
changed from ‘‘Patent Term Extension’’
to ‘‘Patent term Extension and
Adjustment’’ to better reflect the scope
of actions available regarding Patent
terms that are a part of this information
collection.
II. Method of Collection
Electronically, by mail, or hand
delivery to the USPTO.
III. Data
OMB Control Number: 0651–0020.
Forms: 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.
Estimated Number of Annual
Respondents: 915 respondents.
Estimated Number of Annual
Responses: 915 responses.
Estimated Time per Response: The
USPTO estimates that the responses in
this information collection will take the
public approximately between 1 hour
and 25 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: 6,113 hours.
Estimated Total Annual Respondent
Hourly Cost Burden: $2,659,155.
lotter on DSK11XQN23PROD with NOTICES1
TABLE 1—TOTAL BURDEN HOURS AND HOURLY COSTS TO PRIVATE SECTOR RESPONDENTS
Item No.
1 ..............
Item name
Application to Extend Patent
Term Under 35 U.S.C. 156.
VerDate Sep<11>2014
21:25 Nov 18, 2022
Jkt 259001
Estimated
annual
respondents
Respondents
per
respondent
Estimated
annual
responses
Estimated
time per
response
(hour)
Total annual
hour burden
Hourly cost
burden rate 1
Total annual
cost for time
spent
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
146
PO 00000
Frm 00020
1
Fmt 4703
146
Sfmt 4703
25
E:\FR\FM\21NON1.SGM
3,650
21NON1
$435
$1,587,750
70790
Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices
TABLE 1—TOTAL BURDEN HOURS AND HOURLY COSTS TO PRIVATE SECTOR RESPONDENTS—Continued
Item No.
2 ..............
3 ..............
4 ..............
5 ..............
6 ..............
7 ..............
8 ..............
9 ..............
10 ............
11 ............
Totals
Item name
Estimated
annual
respondents
Respondents
per
respondent
Estimated
annual
responses
Estimated
time per
response
(hour)
Total annual
hour burden
Hourly cost
burden rate 1
Total annual
cost for time
spent
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Request for Interim Extension
Under 35 U.S.C. 156(e)(2).
Petition to review final Eligibility Decision Under 37
CFR 1.750.
Initial Application for Interim
Extension Under 35 U.S.C.
156(d)(5).
Subsequent Application for Interim Extension Under 37
CFR 1.790.
Response to Requirement to
Elect a Single Patent to Extend from a Single Regulatory Review Period.
Response to Request to Identify Holder of Regulatory Approval.
Declaration to Withdraw an
Application to Extend Patent
Term.
Petition for Reconsideration of
Patent Term Adjustment Determination.
Petition for Reinstatement of
Reduced Patent Term Adjustment.
Petition to Accord a Filing Date
to an Application Under 37
CFR 1.740 for Extension of
a Patent Term.
..................................................
29
1
29
1
29
435
12,615
2
1
2
25
50
435
21,750
8
1
8
20
160
435
69,600
7
1
7
1
7
435
3,045
39
1
39
1
39
435
16,965
2
1
2
2
4
435
1,740
1
1
1
2
2
435
870
631
1
631
3
1,893
435
823,455
14
1
14
4
56
435
24,360
4
1
4
2
8
435
3,480
883
........................
883
........................
5,898
........................
2,565,630
TABLE 2—TOTAL BURDEN HOURS AND HOURLY COSTS TO INDIVIDUAL AND HOUSEHOLD RESPONDENTS
Item No.
1 ..............
2 ..............
3 ..............
4 ..............
5 ..............
6 ..............
7 ..............
8 ..............
lotter on DSK11XQN23PROD with NOTICES1
9 ..............
10 ............
11 ............
Item name
Estimated
annual
respondents
Respondents
per
respondent
Estimated
annual
responses
Estimated
time per
response
(hour)
Total annual
hour burden
Hourly cost
burden rate 2
Total annual
cost for time
spent
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Application to Extend Patent
Term Under 35 U.S.C. 156.
Request for Interim Extension
Under 35 U.S.C. 156(e)(2).
Petition to review final Eligibility Decision Under 37
CFR 1.750.
Initial Application for Interim
Extension Under 35 U.S.C.
156(d)(5).
Subsequent Application for Interim Extension Under 37
CFR 1.790.
Response to Requirement to
Elect.
Response to Request to Identify Holder of Regulatory Approval.
Declaration to Withdraw an
Application to Extend Patent
Term.
Petition for Reconsideration of
Patent Term Adjustment Determination.
Petition for Reinstatement of
Reduced Patent Term Adjustment.
Petition to Accord a Filing Date
to an Application Under 37
CFR 1.740 for Extension of
a Patent Term.
VerDate Sep<11>2014
21:25 Nov 18, 2022
Jkt 259001
PO 00000
4
1
4
25
100
$435
$43,500
1
1
1
1
1
435
435
1
1
1
25
25
435
10,875
1
1
1
20
20
435
8,700
1
1
1
1
1
435
435
1
1
1
1
1
435
435
1
1
1
2
2
435
870
1
1
1
2
2
435
870
19
1
19
3
57
435
24,795
1
1
1
4
4
435
1,740
1
1
1
2
2
435
870
Frm 00021
Fmt 4703
Sfmt 4703
E:\FR\FM\21NON1.SGM
21NON1
70791
Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices
TABLE 2—TOTAL BURDEN HOURS AND HOURLY COSTS TO INDIVIDUAL AND HOUSEHOLD RESPONDENTS—Continued
Item No.
Totals
Item name
Estimated
annual
respondents
Respondents
per
respondent
Estimated
annual
responses
Estimated
time per
response
(hour)
Total annual
hour burden
Hourly cost
burden rate 2
Total annual
cost for time
spent
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
..................................................
32
Estimated Total Annual Respondent
Non-hourly Cost Burden: $327,003.
There are no maintenance costs,
capital start-up costs, or recordkeeping
costs associated with this information
collection. However, the USPTO
........................
32
........................
estimates that the total annual (nonhour) cost burden for this information
collection, in the form of filing fees
($326,920) and postage ($83), is
$327,003.
215
........................
93,525
Filing Fees
The items with filing fees are listed in
the table below.
TABLE 3—FILING FEES
Item
1 ..........................
4 ..........................
5 ..........................
9 ..........................
10 ........................
Application to Extend Patent Term Under 35 U.S.C. 156 .........................
Initial Application for Interim Extension Under 35 U.S.C. 156(d)(5) ..........
Subsequent Application for Interim Extension Under 37 CFR 1.790 ........
Petition for Reconsideration of Patent Term Adjustment Determination ...
Petition for Reinstatement of Reduced Patent Term Adjustment .............
150
10
10
650
15
$1,180
440
230
210
420
$177,000
4,400
2,300
136,500
6,300
11 ........................
Petition to Accord a Filing Date to an Application Under 37 CFR 1.740
for Extension of a Patent Term.
1
420
420
Totals ...........
.....................................................................................................................
836
........................
326,920
Postage
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 expects that approximately
1% of the 915 responses in this
information collection will be submitted
in the mail, resulting in 9 mailed
submissions. The USPTO estimates that
the average postage cost for a mailed
submission, using a Priority Mail 2-day
flat rate legal envelope, will be $9.25.
Therefore, the USPTO estimates that the
postage costs for the mailed submissions
in this information collection will total
$83.
IV. Request for Comments
lotter on DSK11XQN23PROD with NOTICES1
Annual
estimated
responses
Item No.
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
1 2021 Report of the Economic Survey, published
by the Committee on Economics of Legal Practice
of the American Intellectual Property Law
VerDate Sep<11>2014
21:25 Nov 18, 2022
Jkt 259001
validity of the methodology and
assumptions used;
(c) Enhance the quality, utility, and
clarity of the information to be
collected; and
(d) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
All comments submitted in response
to this notice are a matter of public
record. USPTO will include or
summarize each comment in the request
to OMB to approve this information
collection. Before including an address,
phone number, email address, or other
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
Association (AIPLA); pg. F–27. The USPTO uses the
average billing rate for intellectual property
attorneys in private firms which is $435 per hour.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
Filing fee
Total cost
cannot guarantee that it will be able to
do so.
Justin Isaac,
Information Collections Officer, Office of the
Chief Adminstrative Officer, United States
Patent and Trademark Office.
[FR Doc. 2022–25314 Filed 11–18–22; 8:45 am]
BILLING CODE 3510–16–P
COMMODITY FUTURES TRADING
COMMISSION
Request for Nominations for the
Energy Infrastructure Subcommittee
and the Role of Metals Markets in
Transitional Energy Subcommittee
Under the Energy and Environmental
Markets Advisory Committee
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
The Commodity Futures
Trading Commission (CFTC or
Commission) is requesting nominations
for membership on the Energy
Infrastructure Subcommittee
(Infrastructure Subcommittee) and the
Role of Metals Markets in Transitional
SUMMARY:
2 Ibid.
E:\FR\FM\21NON1.SGM
21NON1
]]>Agencies
[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70788-70791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25314]
-----------------------------------------------------------------------
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 Term Extension and Adjustment
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-
0020 Patent Term Extension and Adjustment. 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 January 20, 2023.
ADDRESSES: Interested persons are invited to submit written comments by
any of the following methods. Do not submit Confidential Business
[[Page 70789]]
Information or otherwise sensitive or protected information.
Email: [email protected]. Include ``0651-
0020 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: Requests for additional information
should be directed to Parikha Mehta, Senior Legal Advisor, United
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA
22313-1450; by telephone at 571-272-3248; or by email at
[email protected] with ``0651-0020 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 patent term restoration portion of the Drug Price Competition
and Patent Term Restoration Act of 1984 (Pub. L. 98-417), which is
codified at 35 U.S.C. 156, permits the United States Patent and
Trademark Office (USPTO) to extend the term of protection under a
patent to compensate for delay during regulatory review and approval by
the Food and Drug Administration (FDA) or United States Department of
Agriculture (USDA). Only patents for drug products, medical devices,
food additives, or color additives are potentially eligible for
extension. The maximum length that a patent may be extended under 35
U.S.C. 156 is 5 years. The USPTO administers 35 U.S.C. 156 through 37
CFR 1.710-1.791.
This information collection covers information gathered in patent
term extension applications submitted under 35 U.S.C. 156(d). Under
this provision, an application for patent term extension must identify
the approved product; the patent to be extended; and the claims
included in the patent that cover the approved product, a method of
using the approved product, or a method of manufacturing the approved
product. 35 U.S.C. 156(d) also requires the submission of information
that enables the USPTO to determine the eligibility of the patent for
extension, and the rights that will be derived from the extension, and
information to enable the USPTO and the Secretary of Health and Human
Services or the Secretary of Agriculture to determine the period of the
extension. Additionally, 35 U.S.C. 156(d) requires the applicant for
patent term extension to provide a brief description of the activities
undertaken by the applicant during the regulatory review period with
respect to the approved product and the significant dates of these
activities.
This information collection also covers information gathered in
requests for interim extensions pursuant to 35 U.S.C. 156(d)(5) and
156(e)(2). Under 35 U.S.C. 156(d)(5), an interim extension may be
granted if the applicable regulatory review period that began for a
product is reasonably expected to extend beyond the expiration of the
patent term in effect. Under 35 U.S.C. 156(e)(2), an interim extension
may be granted if the term of an eligible patent for which an
application for patent term extension has been submitted would expire
before a certificate of extension is issued. In addition, this
information collection covers requests for review of final eligibility
decisions, and requests to withdraw an application requesting a patent
term extension after it is submitted.
Separate from the extension provisions of 35 U.S.C. 156, the USPTO
may in some cases adjust the term of an original patent under the
provisions of 35 U.S.C. 154 due to certain delays in the prosecution of
the patent application, including delays caused by interference
proceedings, secrecy orders, or appellate review by the Patent Trial
and Appeal Board or a Federal court in which the patent is issued
pursuant to a decision reversing an adverse USPTO determination of
patentability. The USPTO administers 35 U.S.C. 154 through 37 CFR
1.701-1.705. The patent term provisions of 35 U.S.C. 154(b), as amended
by Title IV, Subtitle D of the Intellectual Property and Communications
Omnibus Reform Act of 1999, allow the applicant an opportunity to
request reconsideration of the USPTO's patent term adjustment
determination. This information collection covers information gathered
in such a request.
In addition, this information collection covers information
collected when the USPTO reduces the amount of a granted patent term
adjustment if delays were caused by an applicant's failure to make a
reasonable effort to respond to a communication from the USPTO within
three months of the communication's mailing date. Applicants may
petition for reinstatement of a reduction in patent term adjustment
with a showing that, in spite of all due care, the applicant was unable
to respond to a communication from the USPTO within the three-month
period.
The title of this item has been changed from ``Patent Term
Extension'' to ``Patent term Extension and Adjustment'' to better
reflect the scope of actions available regarding Patent terms that are
a part of this information collection.
II. Method of Collection
Electronically, by mail, or hand delivery to the USPTO.
III. Data
OMB Control Number: 0651-0020.
Forms: 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.
Estimated Number of Annual Respondents: 915 respondents.
Estimated Number of Annual Responses: 915 responses.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public approximately
between 1 hour and 25 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: 6,113 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $2,659,155.
Table 1--Total Burden Hours and Hourly Costs to Private Sector Respondents
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
Estimated Respondents Estimated time per Total annual Hourly cost Total annual
Item No. Item name annual per annual response hour burden burden rate cost for time
respondents respondent responses (hour) \1\ spent
................................ (a) (b) (a) x (b) = (d) (c) x (d) = (f) (e) x (f) =
(c) (e) (g)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................. Application to Extend Patent 146 1 146 25 3,650 $435 $1,587,750
Term Under 35 U.S.C. 156.
[[Page 70790]]
2............................................. Request for Interim Extension 29 1 29 1 29 435 12,615
Under 35 U.S.C. 156(e)(2).
3............................................. Petition to review final 2 1 2 25 50 435 21,750
Eligibility Decision Under 37
CFR 1.750.
4............................................. Initial Application for Interim 8 1 8 20 160 435 69,600
Extension Under 35 U.S.C.
156(d)(5).
5............................................. Subsequent Application for 7 1 7 1 7 435 3,045
Interim Extension Under 37 CFR
1.790.
6............................................. Response to Requirement to Elect 39 1 39 1 39 435 16,965
a Single Patent to Extend from
a Single Regulatory Review
Period.
7............................................. Response to Request to Identify 2 1 2 2 4 435 1,740
Holder of Regulatory Approval.
8............................................. Declaration to Withdraw an 1 1 1 2 2 435 870
Application to Extend Patent
Term.
9............................................. Petition for Reconsideration of 631 1 631 3 1,893 435 823,455
Patent Term Adjustment
Determination.
10............................................ Petition for Reinstatement of 14 1 14 4 56 435 24,360
Reduced Patent Term Adjustment.
11............................................ Petition to Accord a Filing Date 4 1 4 2 8 435 3,480
to an Application Under 37 CFR
1.740 for Extension of a Patent
Term.
---------------------------------------------------------------------------------------------------------------
Totals.................................... ................................ 883 .............. 883 .............. 5,898 .............. 2,565,630
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--Total Burden Hours and Hourly Costs to Individual and Household Respondents
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
Estimated Respondents Estimated time per Total annual Hourly cost Total annual
Item No. Item name annual per annual response hour burden burden rate cost for time
respondents respondent responses (hour) \2\ spent
................................ (a) (b) (a) x (b) = (d) (c) x (d) = (f) (e) x (f) =
(c) (e) (g)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1............................................. Application to Extend Patent 4 1 4 25 100 $435 $43,500
Term Under 35 U.S.C. 156.
2............................................. Request for Interim Extension 1 1 1 1 1 435 435
Under 35 U.S.C. 156(e)(2).
3............................................. Petition to review final 1 1 1 25 25 435 10,875
Eligibility Decision Under 37
CFR 1.750.
4............................................. Initial Application for Interim 1 1 1 20 20 435 8,700
Extension Under 35 U.S.C.
156(d)(5).
5............................................. Subsequent Application for 1 1 1 1 1 435 435
Interim Extension Under 37 CFR
1.790.
6............................................. Response to Requirement to Elect 1 1 1 1 1 435 435
7............................................. Response to Request to Identify 1 1 1 2 2 435 870
Holder of Regulatory Approval.
8............................................. Declaration to Withdraw an 1 1 1 2 2 435 870
Application to Extend Patent
Term.
9............................................. Petition for Reconsideration of 19 1 19 3 57 435 24,795
Patent Term Adjustment
Determination.
10............................................ Petition for Reinstatement of 1 1 1 4 4 435 1,740
Reduced Patent Term Adjustment.
11............................................ Petition to Accord a Filing Date 1 1 1 2 2 435 870
to an Application Under 37 CFR
1.740 for Extension of a Patent
Term.
---------------------------------------------------------------------------------------------------------------
[[Page 70791]]
Totals.................................... ................................ 32 .............. 32 .............. 215 .............. 93,525
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Total Annual Respondent Non-hourly Cost Burden: $327,003.
---------------------------------------------------------------------------
\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.
\2\ Ibid.
---------------------------------------------------------------------------
There are no maintenance costs, capital start-up costs, or
recordkeeping costs associated with this information collection.
However, the USPTO estimates that the total annual (non-hour) cost
burden for this information collection, in the form of filing fees
($326,920) and postage ($83), is $327,003.
Filing Fees
The items with filing fees are listed in the table below.
Table 3--Filing Fees
----------------------------------------------------------------------------------------------------------------
Annual
Item No. Item estimated Filing fee Total cost
responses
----------------------------------------------------------------------------------------------------------------
1.................................. Application to Extend 150 $1,180 $177,000
Patent Term Under 35
U.S.C. 156.
4.................................. Initial Application for 10 440 4,400
Interim Extension Under 35
U.S.C. 156(d)(5).
5.................................. Subsequent Application for 10 230 2,300
Interim Extension Under 37
CFR 1.790.
9.................................. Petition for 650 210 136,500
Reconsideration of Patent
Term Adjustment
Determination.
10................................. Petition for Reinstatement 15 420 6,300
of Reduced Patent Term
Adjustment.
-----------------------------------------------
11................................. Petition to Accord a Filing 1 420 420
Date to an Application
Under 37 CFR 1.740 for
Extension of a Patent Term.
-----------------------------------------------
Totals......................... ........................... 836 .............. 326,920
----------------------------------------------------------------------------------------------------------------
Postage
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 expects
that approximately 1% of the 915 responses in this information
collection will be submitted in the mail, resulting in 9 mailed
submissions. The USPTO estimates that the average postage cost for a
mailed submission, using a Priority Mail 2-day flat rate legal
envelope, will be $9.25. Therefore, the USPTO estimates that the
postage costs for the mailed submissions in this information collection
will total $83.
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 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,
Information Collections Officer, Office of the Chief Adminstrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2022-25314 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-16-P
