Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Legal Processes, 71306-71307 [2022-25381]
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Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices
TABLE 1—TOTAL BURDEN HOURS AND HOURLY COSTS TO PRIVATE SECTOR RESPONDENTS
Item
No.
1 .......
2 .......
Item
Estimated
annual
respondents
Responses per
respondent
Estimated
annual
responses
Estimated
time per
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)
Deposited Materials ...................
Request for Depository Approval
3,300
1
1
1
3,300
1
1 .................
5 .................
3,300
5
$143.96
143.96
$475,068
720
Totals ..................................
3,301
..........................
3,301
....................
3,305
........................
475,788
1 Bureau
of Labor Statistic rate for attorneys in scientific research and development services (23–1011—Lawyers), plus 30% added for benefits and overhead
(https://www.bls.gov/oes/current/oes231011.htm).
Estimated Total Annual Respondent
Non-hourly Cost Burden: $9,259,809.
There are no maintenance costs, record
keeping costs, or filing fees 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 capital start-up costs ($8,250,000) and
postage ($1,009,809) is $9,259,809.
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Captial Start-Up Costs
Depositories charge fees to depositors;
all depositories charge about the same
rates for their services. For example, the
American Type Culture Collection
(ATCC), one of the world’s leading
biological supply houses and recognized
patent depositories, offers
comprehensive patent services for
$2,500 per deposit. Any deposits from
outside the US may have additional
requirements, from other Federal
Agencies, as a part of their importation
process. The USPTO estimates that the
total non-hour respondent cost burden
in the form of capital start-up costs
amounts to $8,250,000 (3,300
respondents × $2,500).
Postage
Biological deposits are generally
shipped to the depository ‘‘Domestic
Overnight’’ by Federal Express (FedEx)
and, since depositors are urged to
supply frozen or freeze-dried material, it
must be packed in dry ice. Dry ice itself
is considered dangerous goods and
requires special packaging. Additional
FedEx special handling charges for
inaccessible dangerous goods shipments
of $40 per shipment apply for
temperature-sensitive biological
materials and also for the dry ice. An
average cost for shipping by FedEx
‘‘Domestic Overnight’’ is estimated to be
$90. If the shipment requires a pick-up
by FedEx, there is an additional charge
of $6. Special packaging is also required
for these shipments. The average cost of
frozen infectious shippers is estimated
to be $170 per package of four for
specimen shipments requiring
refrigeration or dry ice. Therefore, the
USPTO estimates the total postage costs
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17:48 Nov 21, 2022
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average $306 per shipment, for a cost to
respondents of $1,009,800 (3,300
respondents × $306).
The USPTO estimates that it will
receive from depositorites 1 request for
recognition. The USPTO estimates that
the postage cost for a mailed submission
of a request for recognition from a
depository using a Priority Mail 2-day
flat rate legal envelope is $9.25.
Therefore, the USPTO estimates that the
total mailing costs for this information
collection is $9.00 per year.
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
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cannot guarantee that it will be able to
do so.
Justin Isaac,
Information Collections Officer, Office of the
Chief Administrative Officer, United States
Patent and Trademark Office.
[FR Doc. 2022–25364 Filed 11–21–22; 8:45 am]
BILLING CODE 3510–16–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
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 September 16, 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: Legal Processes.
OMB Control Number: 0651–0046.
Needs and Uses: 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
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Federal Register / Vol. 87, No. 224 / Tuesday, November 22, 2022 / Notices
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
OMB under OMB Control Number
1105–0008.
Form Number(s):
• 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.
Frequency: On occasion.
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
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17:48 Nov 21, 2022
Jkt 259001
public between approximately 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 request to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 133 hours.
Estimated Total Annual Respondent
Non-Hourly Cost Burden: $4,569.
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view
Department of Commerce, USPTO
information collections currently under
review by OMB.
Written comments and
recommendations for this information
collection should be submitted within
30 days of the publication of this notice
on the following website
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 and entering either the title of
the information collection or the OMB
Control Number 0651–0046.
Further information can be obtained
by:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0046
information request’’ in the subject line
of the message.
• Mail: Justin Isaac, Office of the
Chief Administrative Officer, United
States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313–
1450.
Justin Isaac,
Information Collections Officer, Office of the
Chief Administrative Officer, United States
Patent and Trademark Office.
[FR Doc. 2022–25381 Filed 11–21–22; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Post Allowance and Reissue
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
SUMMARY:
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Fmt 4703
Sfmt 4703
71307
extension and revision of an existing
information collection: 0651–0033 Post
Allowance and Reissue. 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 21, 2023.
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 ‘‘0651–0033
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
‘‘0651–0033 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 of information covers
the submission of issue fee payments,
requests for certificates of correction,
and reissue applications to the United
States Patent and Trademark Office
(USPTO). The USPTO is required by 35
U.S.C. 131 and 151 to examine
applications and, when appropriate,
allow applications and issue them as
patents. When an application for a
patent is allowed by the USPTO, the
USPTO issues a notice of allowance and
the applicant must pay the specified
issue fee within three months to avoid
abandonment of the application. If the
appropriate fees are paid within the
proper time period, the USPTO can then
issue the patent. The rules outlining the
procedures for payment of the issue fee
and issuance of a patent are found at 37
CFR 1.18, 1.311, and 1.314.
This collection of information also
covers several transactions that may be
taken after issuance of a patent.
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]]>Agencies
[Federal Register Volume 87, Number 224 (Tuesday, November 22, 2022)]
[Notices]
[Pages 71306-71307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25381]
-----------------------------------------------------------------------
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
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 September 16, 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: Legal Processes.
OMB Control Number: 0651-0046.
Needs and Uses: 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
[[Page 71307]]
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 OMB under OMB
Control Number 1105-0008.
Form Number(s):
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.
Frequency: On occasion.
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 between
approximately 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 request to the USPTO.
Estimated Total Annual Respondent Burden Hours: 133 hours.
Estimated Total Annual Respondent Non-Hourly Cost Burden: $4,569.
This information collection request may be viewed at
www.reginfo.gov. Follow the instructions to view Department of
Commerce, USPTO information collections currently under review by OMB.
Written comments and recommendations for this information
collection should be submitted within 30 days of the publication of
this notice on the following website 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 and entering either the title of the information collection or
the OMB Control Number 0651-0046.
Further information can be obtained by:
Email: [email protected]. Include ``0651-
0046 information request'' in the subject line of the message.
Mail: Justin Isaac, Office of the Chief Administrative
Officer, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450.
Justin Isaac,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2022-25381 Filed 11-21-22; 8:45 am]
BILLING CODE 3510-16-P
