Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Secrecy and License to Export, 79283-79286 [2022-28151]
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Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
To ensure consideration,
comments regarding this proposed
information collection must be received
on or before February 27, 2023.
ADDRESSES: Interested persons are
invited to submit written comments to
Daniel Ramsey, Supervisory Program
Manager, Office of Program
Management, National Technical
Information Service, Department of
Commerce, at dramsey@ntis.gov or at
PRAcomments@doc.gov. Please
reference OMB Control Number 0692–
0015 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
copies of the information collection
instrument and instructions should be
directed to Daniel Ramsey, Supervisory
Program Manager, Office of Program
Management, National Technical
Information Service, Department of
Commerce, 5301 Shawnee Road,
Alexandria, VA 22312 by email:
dramsey@ntis.gov or telephone: 703–
605–6703.
SUPPLEMENTARY INFORMATION:
TKELLEY on DSK125TN23PROD with NOTICES
DATES:
I. Abstract
This is a request for extension of an
existing information collection.
NTIS issued a final rule establishing
a program through which persons may
become eligible to obtain access to
Death Master File (DMF) information
about an individual within three years
of that individual’s death (81 FR 34882,
June 1, 2016). The final rule was
promulgated under section 203 of the
Bipartisan Budget Act of 2013, Public
Law 113–67 (Act). The Act prohibits the
Secretary of Commerce (Secretary) from
disclosing DMF information during the
three-year period following an
individual’s death (Limited Access
DMF), unless the person requesting the
information has been certified to access
the Limited Access DMF pursuant to
certain criteria in a program that the
Secretary establishes. The Secretary
delegated the authority to carry out
Section 203 to the Director of NTIS.
The final rule requires that, in order
to become certified, a Person must
submit a written attestation from an
‘‘Accredited Conformity Assessment
Body’’ (ACAB), as defined in the final
rule, that such Person has information
security systems, facilities and
procedures in place to protect the
security of the Limited Access DMF, as
required under Section 1110.102(a)(2) of
the final rule. A Certified Person also
must provide a new written attestation
periodically for renewal of its
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certification as specified in the final
rule. The ACAB must be independent of
the Person or Certified Person seeking
certification, unless it is a conformity
assessment body which qualifies for
‘‘firewalled status’’ pursuant to Section
1110.502 of the final rule.
The Firewalled Status Application
Form collects information that NTIS
will use to evaluate whether the
respondent qualifies for ‘‘firewalled
status’’ under the rule, and, therefore,
can provide a written attestation in lieu
of an independent ACAB’s attestation.
This information includes specific
requirements of Section 1110.502(b) of
the final rule, which the respondent
ACAB must certify are satisfied, and the
provision of specific information by the
respondent ACAB, such as the identity
of the Person or Certified Person that
would be the subject of the attestation
and the basis upon which the
certifications were made.
II. Method of Collection
Electronic.
III. Data
OMB Control Number: 0692–0015.
Form Number(s): NTIS FM101.
Type of Review: Regular submission
(extension of approved information
collection.)
Affected Public: Individuals or
households.
Estimated Number of Respondents:
260.
Estimated Time per Response: 60
minutes.
Estimated Total Annual Burden
Hours: 65.
Estimated Total Annual Cost to
Public: $39,910.
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.
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
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79283
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. 2022–28124 Filed 12–23–22; 8:45 am]
BILLING CODE 3510–04–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; Secrecy and License to
Export
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: 0651–0034
Secrecy and License to Export. 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 27, 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.
• 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
SUMMARY:
E:\FR\FM\27DEN1.SGM
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79284
Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
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
‘‘0651–0034 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
In the interest of national security,
patent laws and regulations place
certain limitations on the disclosure of
information contained in patents and
patent applications and on the filing of
applications for patents in foreign
countries.
TKELLEY on DSK125TN23PROD with NOTICES
A. Secrecy Orders
Whenever the publication or
disclosure of an invention by the
publication of an application or by the
granting of a patent is, in the opinion of
the head of an interested Government
agency, determined to be detrimental to
national security, the Commissioner for
Patents at the United States Patent and
Trademark Office (USPTO) must issue a
secrecy order and withhold the
publication of a patent application and
the grant of a patent for such period as
the national interest requires. A patent
will not be issued on the application,
nor will the application be published, as
long as the secrecy order is in force. If
a secrecy order is applied to an
international application, the
application will not be forwarded to the
International Bureau as long as the
secrecy order is in effect.
The Commissioner for Patents can
issue three types of secrecy orders, each
of a different scope. The first type,
Secrecy Order and Permit for Foreign
Filing in Certain Countries, is intended
to permit the widest utilization of the
technical data in the patent application
while still controlling any publication
or disclosure that would result in an
unlawful exportation. The second type,
the Secrecy Order and Permit for
Disclosing Classified Information, is to
treat classified technical data presented
in a patent application in the same
manner as any other classified material.
The third type of secrecy order is used
where the other types of orders do not
apply, including orders issued by
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direction of agencies other than the
Department of Defense.
Under the provision of 35 U.S.C. 181,
a secrecy order remains in effect for a
period of one year from its date of
issuance. A secrecy order may be
renewed for additional periods of not
more than one year upon notice by a
government agency that the national
interest continues to so require. The
applicant is notified of such renewal.
When the USPTO places a secrecy
order on a patent application, the
regulations authorize the applicant to
petition the USPTO for permits to allow
disclosure, modification, or rescission of
the secrecy order, or to obtain a general
or group permit. In each of these
circumstances, the petition is forwarded
to the appropriate defense agency for
decision. Also, the Commissioner for
Patents at the USPTO may rescind any
order upon notification by the heads of
the departments and the chief officers of
the agencies who caused the order to be
issued that the disclosure of the
invention is no longer deemed
detrimental to the national security.
Unless expressly ordered otherwise,
action on the application and
prosecution by the applicant will
proceed during the time the application
is under secrecy order to the point
indicated in 37 CFR 5.3. See the Manual
of Patent Examining Procedure (MPEP)
Section 130 (9th ed., rev. 10.2019, June
2020). For example, prosecution of a
national application under secrecy order
may proceed only to the point where it
is found to be in condition for
allowance. See 37 CFR 5.3(c).
Prosecution of international
applications under secrecy order, on the
other hand, will proceed only to the
point before record and search copies
would be transmitted to the
international authorities or the
applicant. See 37 CFR 5.3(d). National
applications under secrecy order that
come to a final rejection must be
appealed or otherwise prosecuted to
avoid abandonment. See 37 CFR 5.3(a).
Appeals in such cases must be
completed by the applicant. Unless
specifically ordered by the
Commissioner for Patents, these appeals
will not be set for hearing until the
secrecy order is removed. See id.
B. Foreign Filing License
In addition, this information
collection covers information gathered
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with respect to foreign filing licenses.
The filing of a patent application is
considered a request for a foreign filing
license. However, in some instances an
applicant may need a license for filing
patent applications in foreign countries
prior to a filing in the USPTO or sooner
than the anticipated licensing of a
pending patent application.
For such circumstances, this
information collection covers petitions
for a foreign filing license either with or
without a corresponding United States
application. In addition, this
information collection covers petitions
to change the scope of a license and
petitions for a retroactive license for
instances when a patent application is
filed through error in a foreign country
without the appropriate filing license.
This information collection includes
the information needed by the USPTO
to review the various types of petitions
regarding secrecy orders and foreign
filing licenses. This collection of
information is required by 35 U.S.C.
181–183 and 184–186 and administered
by the USPTO through 37 CFR 5.1–5.5,
5.11–5.15, and 5.18–5.25.
II. Method of Collection
Electronically via the USPTO’s patent
electronic filing system, by mail, or by
hand delivery to the USPTO.
III. Data
OMB Control Number: 0651–0034.
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: 7,524 respondents.
Estimated Number of Annual
Responses: 7,524 responses.
Estimated Time per Response: The
USPTO estimates that the responses in
this information collection will take the
public approximately between 30
minutes (0.5 hours) and 4 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: 4,503 hours.
Estimated Total Annual Respondent
Hourly Cost Burden: $1,958,805.
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Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
TABLE 1—TOTAL BURDEN HOURS AND HOURLY COSTS TO PRIVATE SECTOR RESPONDENTS
Item No.
1 ................
2 ................
3 ................
4 ................
5 ................
6 ................
7 ................
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated time
for response
(hours)
Estimated
burden
(hour/year)
Rate 1
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Petition for Rescission of Secrecy Order.
Petition to Disclose or Modification of Secrecy Order.
Petition for General and
Group Permits.
Petition for Expedited Handling of License (no corresponding application).
Petition for Expedited Handling of License (corresponding U.S. application).
Petition for Changing Scope
of License.
Petition for Retroactive License.
Totals ..............................
10
1
10
3
30
$435
$13,050
10
1
10
2
20
435
8,700
1
1
1
1
1
435
435
6,860
1
6,860
0.5
3,430
435
1,492,050
294
1
294
0.5
147
435
63,945
3
1
3
0.5
2
435
870
196
1
196
4
784
435
341,040
7,374
........................
7,374
........................
4,414
........................
1,920,090
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 $435 per hour. (https://www.aipla.org/home/news-publications/economic-survey).
TABLE 2—TOTAL BURDEN HOURS AND HOURLY COSTS TO INDIVIDUAL AND HOUSEHOLD RESPONDENTS
Item No.
4 ................
5 ................
7 ................
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated
burden
(hour/year)
Rate 2
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Petition for Expedited Handling of License (no corresponding application).
Petition for Expedited Handling of License (corresponding U.S. application).
Petition for Retroactive License.
Totals ..............................
Estimated Total Annual Respondent
Non-hourly Cost Burden: $1,477,829.
There are no maintenance costs,
capital start-up costs, or recordkeeping
costs associated with this information
collection. However, the USPTO
140
1
140
0.5
70
$435
$30,450
6
1
6
0.5
3
435
1,305
4
1
4
4
16
435
6,960
150
........................
150
........................
89
........................
38,715
estimates that the total annual (nonhour) cost burden for this information
collection, in the form of filing fees
($1,477,135) and postage ($694), is
$1,477,829.
Filing Fees
The items with filing fees are listed in
the table below.
TABLE 3—FILING FEES
TKELLEY on DSK125TN23PROD with NOTICES
IC No.
4
4
4
5
5
5
6
6
6
7
7
................
................
................
................
................
................
................
................
................
................
................
Item
Petition
Petition
Petition
Petition
Petition
Petition
Petition
Petition
Petition
Petition
Petition
for
for
for
for
for
for
for
for
for
for
for
Responses
Filing fee
($)
Total
non-hour
cost burden
(a)
(b)
(a) × (b) = (c)
Expedited Handling of License (no corresponding application) (undiscounted entity) .......
Expedited Handling of License (no corresponding application) (small entity) ....................
Expedited Handling of License (no corresponding application) (micro entity) ...................
Expedited Handling of License (corresponding U.S. application) (undiscounted entity) ....
Expedited Handling of License (corresponding U.S. application) (small entity) .................
Expedited Handling of License (corresponding U.S. application) (micro entity) ................
Changing Scope of License (undiscounted entity) .............................................................
Changing Scope of License (small entity) ..........................................................................
Changing Scope of License (micro entity) ..........................................................................
Retroactive License (undiscounted entity) ..........................................................................
Retroactive License (small entity) .......................................................................................
5,600
1,260
140
240
54
6
1
1
1
160
36
2 Ibid.
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E:\FR\FM\27DEN1.SGM
27DEN1
$220
110
55
220
110
55
220
110
55
220
110
$1,232,000
138,600
7,700
52,800
5,940
330
220
110
55
35,200
3,960
79286
Federal Register / Vol. 87, No. 247 / Tuesday, December 27, 2022 / Notices
TABLE 3—FILING FEES—Continued
IC No.
7 ................
Item
Filing fee
($)
Total
non-hour
cost burden
(a)
(b)
(a) × (b) = (c)
Petition for Retroactive License (micro entity) .......................................................................................
4
55
220
Totals ..............................................................................................................................................
7,503
........................
1,477,135
Postage
The USPTO estimates that 99% of the
petitions in this information collection
are submitted electronically, by
facsimile, or hand carried because of the
quick turnaround required, and only 1%
of the 7,524 petitions will be submitted
in the mail. 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
and that approximately 75 submissions
will be mailed to the USPTO per year.
Therefore, the USPTO estimates that
postage costs in this collection will be
$694.
IV. Request for Comments
TKELLEY on DSK125TN23PROD with NOTICES
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 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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Jkt 259001
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. 2022–28151 Filed 12–23–22; 8:45 am]
BILLING CODE 3510–16–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities: Notice of Intent To Renew
Collection 3038–0107, Generic
Clearance for the Collection of
Qualitative Feedback on Agency
Service Delivery
Commodity Futures Trading
Commission.
AGENCY:
ACTION:
Notice.
The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘CFTC’’) is announcing an opportunity
for public comment on the renewal of
collection of certain information by the
Commission’s Office of Customer
Education and Outreach (‘‘OCEO’’).
Under the Paperwork Reduction Act
(‘‘PRA’’), Federal agencies are required
to publish notice in the Federal Register
concerning each proposed or renewal of
a collection of information and to allow
60 days for public comment. The
Commission is soliciting comments for
the renewal of its generic information
collection that will help the CFTC
satisfy responsibilities under the DoddFrank Wall Street Reform and Consumer
Protection Act (‘‘Dodd-Frank Act’’),
found in Section 748 of the Dodd-Frank
Act. The generic information collection
will provide the OCEO a means to
gather qualitative consumer and
stakeholder feedback in an efficient,
timely manner to facilitate service
delivery.
SUMMARY:
Comments must be submitted on
or before February 27, 2023.
ADDRESSES: You may submit comments,
identified by ‘‘Generic Clearance for the
Collection of Qualitative Feedback on
Agency Service Delivery,’’ and
DATES:
PO 00000
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Sfmt 4703
Collection Number 3038–0107, by any
of the following methods:
• The Agency’s website, at https://
comments.cftc.gov/. Follow the
instructions for submitting comments
through the website.
• Mail: Christopher Kirkpatrick,
Secretary of the Commission,
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW, Washington, DC
20581.
• Hand Delivery/Courier: Same as
Mail above.
Please submit your comments using
only one method. All comments must be
submitted in English, or if not,
accompanied by an English translation.
Comments will be posted as received to
https://www.cftc.gov.
FOR FURTHER INFORMATION CONTACT: Dan
Rutherford, Associate Director, Office of
Customer Education and Outreach,
Commodity Futures Trading
Commission, 1155 21st Street NW,
Washington, DC 20581, (202) 418–6623;
email: drutherford@cftc.gov, and refer to
OMB Control No. 3038–0107.
SUPPLEMENTARY INFORMATION: Under the
PRA, Federal agencies must obtain
approval from the Office of Management
and Budget (‘‘OMB’’) for each collection
of information they conduct or sponsor.
‘‘Collection of Information’’ is defined
in 44 U.S.C. 3502(3) and 5 CFR 1320.3
and includes agency requests or
requirements that members of the public
submit reports, keep records, or provide
information to a third party. Section
3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), requires Federal agencies
to provide a 60-day notice in the
Federal Register concerning each
proposed collection of information,
including each proposed extension of an
existing collection of information,
before submitting the collection to OMB
for approval. To comply with this
requirement, the CFTC is publishing
notice of the proposed collection of
information listed below. An agency
may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
E:\FR\FM\27DEN1.SGM
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]]>Agencies
[Federal Register Volume 87, Number 247 (Tuesday, December 27, 2022)]
[Notices]
[Pages 79283-79286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28151]
-----------------------------------------------------------------------
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; Secrecy and License to Export
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-
0034 Secrecy and License to Export. 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 27, 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.
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
[[Page 79284]]
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 ``0651-0034 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
In the interest of national security, patent laws and regulations
place certain limitations on the disclosure of information contained in
patents and patent applications and on the filing of applications for
patents in foreign countries.
A. Secrecy Orders
Whenever the publication or disclosure of an invention by the
publication of an application or by the granting of a patent is, in the
opinion of the head of an interested Government agency, determined to
be detrimental to national security, the Commissioner for Patents at
the United States Patent and Trademark Office (USPTO) must issue a
secrecy order and withhold the publication of a patent application and
the grant of a patent for such period as the national interest
requires. A patent will not be issued on the application, nor will the
application be published, as long as the secrecy order is in force. If
a secrecy order is applied to an international application, the
application will not be forwarded to the International Bureau as long
as the secrecy order is in effect.
The Commissioner for Patents can issue three types of secrecy
orders, each of a different scope. The first type, Secrecy Order and
Permit for Foreign Filing in Certain Countries, is intended to permit
the widest utilization of the technical data in the patent application
while still controlling any publication or disclosure that would result
in an unlawful exportation. The second type, the Secrecy Order and
Permit for Disclosing Classified Information, is to treat classified
technical data presented in a patent application in the same manner as
any other classified material. The third type of secrecy order is used
where the other types of orders do not apply, including orders issued
by direction of agencies other than the Department of Defense.
Under the provision of 35 U.S.C. 181, a secrecy order remains in
effect for a period of one year from its date of issuance. A secrecy
order may be renewed for additional periods of not more than one year
upon notice by a government agency that the national interest continues
to so require. The applicant is notified of such renewal.
When the USPTO places a secrecy order on a patent application, the
regulations authorize the applicant to petition the USPTO for permits
to allow disclosure, modification, or rescission of the secrecy order,
or to obtain a general or group permit. In each of these circumstances,
the petition is forwarded to the appropriate defense agency for
decision. Also, the Commissioner for Patents at the USPTO may rescind
any order upon notification by the heads of the departments and the
chief officers of the agencies who caused the order to be issued that
the disclosure of the invention is no longer deemed detrimental to the
national security.
Unless expressly ordered otherwise, action on the application and
prosecution by the applicant will proceed during the time the
application is under secrecy order to the point indicated in 37 CFR
5.3. See the Manual of Patent Examining Procedure (MPEP) Section 130
(9th ed., rev. 10.2019, June 2020). For example, prosecution of a
national application under secrecy order may proceed only to the point
where it is found to be in condition for allowance. See 37 CFR 5.3(c).
Prosecution of international applications under secrecy order, on the
other hand, will proceed only to the point before record and search
copies would be transmitted to the international authorities or the
applicant. See 37 CFR 5.3(d). National applications under secrecy order
that come to a final rejection must be appealed or otherwise prosecuted
to avoid abandonment. See 37 CFR 5.3(a). Appeals in such cases must be
completed by the applicant. Unless specifically ordered by the
Commissioner for Patents, these appeals will not be set for hearing
until the secrecy order is removed. See id.
B. Foreign Filing License
In addition, this information collection covers information
gathered with respect to foreign filing licenses. The filing of a
patent application is considered a request for a foreign filing
license. However, in some instances an applicant may need a license for
filing patent applications in foreign countries prior to a filing in
the USPTO or sooner than the anticipated licensing of a pending patent
application.
For such circumstances, this information collection covers
petitions for a foreign filing license either with or without a
corresponding United States application. In addition, this information
collection covers petitions to change the scope of a license and
petitions for a retroactive license for instances when a patent
application is filed through error in a foreign country without the
appropriate filing license.
This information collection includes the information needed by the
USPTO to review the various types of petitions regarding secrecy orders
and foreign filing licenses. This collection of information is required
by 35 U.S.C. 181-183 and 184-186 and administered by the USPTO through
37 CFR 5.1-5.5, 5.11-5.15, and 5.18-5.25.
II. Method of Collection
Electronically via the USPTO's patent electronic filing system, by
mail, or by hand delivery to the USPTO.
III. Data
OMB Control Number: 0651-0034.
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: 7,524 respondents.
Estimated Number of Annual Responses: 7,524 responses.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public approximately
between 30 minutes (0.5 hours) and 4 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: 4,503 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $1,958,805.
[[Page 79285]]
Table 1--Total Burden Hours and Hourly Costs to Private Sector Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
Estimated Responses per Estimated Estimated time Estimated Rate \1\ ($/ 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 for 10 1 10 3 30 $435 $13,050
Rescission of
Secrecy Order.
2................. Petition to Disclose 10 1 10 2 20 435 8,700
or Modification of
Secrecy Order.
3................. Petition for General 1 1 1 1 1 435 435
and Group Permits.
4................. Petition for 6,860 1 6,860 0.5 3,430 435 1,492,050
Expedited Handling
of License (no
corresponding
application).
5................. Petition for 294 1 294 0.5 147 435 63,945
Expedited Handling
of License
(corresponding U.S.
application).
6................. Petition for 3 1 3 0.5 2 435 870
Changing Scope of
License.
7................. Petition for 196 1 196 4 784 435 341,040
Retroactive License.
---------------------------------------------------------------------------------------------------------------
Totals........... 7,374 .............. 7,374 .............. 4,414 .............. 1,920,090
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 $435 per hour. (https://www.aipla.org/home/news-publications/economic-survey).
Table 2--Total Burden Hours and Hourly Costs to Individual and Household Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated
Estimated Responses per Estimated time for Estimated Rate \2\ ($/ annual
Item No. Item annual respondent annual 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)
--------------------------------------------------------------------------------------------------------------------------------------------------------
4................. Petition for 140 1 140 0.5 70 $435 $30,450
Expedited Handling
of License (no
corresponding
application).
5................. Petition for 6 1 6 0.5 3 435 1,305
Expedited Handling
of License
(corresponding U.S.
application).
7................. Petition for 4 1 4 4 16 435 6,960
Retroactive License.
---------------------------------------------------------------------------------------------------------------
Totals........... 150 .............. 150 .............. 89 .............. 38,715
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Total Annual Respondent Non-hourly Cost Burden:
$1,477,829.
---------------------------------------------------------------------------
\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
($1,477,135) and postage ($694), is $1,477,829.
Filing Fees
The items with filing fees are listed in the table below.
Table 3--Filing Fees
----------------------------------------------------------------------------------------------------------------
Total non-
IC No. Item Responses Filing fee hour cost
($) burden
(a) (b) (a) x (b) =
(c)
----------------------------------------------------------------------------------------------------------------
4............................. Petition for Expedited Handling 5,600 $220 $1,232,000
of License (no corresponding
application) (undiscounted
entity).
4............................. Petition for Expedited Handling 1,260 110 138,600
of License (no corresponding
application) (small entity).
4............................. Petition for Expedited Handling 140 55 7,700
of License (no corresponding
application) (micro entity).
5............................. Petition for Expedited Handling 240 220 52,800
of License (corresponding U.S.
application) (undiscounted
entity).
5............................. Petition for Expedited Handling 54 110 5,940
of License (corresponding U.S.
application) (small entity).
5............................. Petition for Expedited Handling 6 55 330
of License (corresponding U.S.
application) (micro entity).
6............................. Petition for Changing Scope of 1 220 220
License (undiscounted entity).
6............................. Petition for Changing Scope of 1 110 110
License (small entity).
6............................. Petition for Changing Scope of 1 55 55
License (micro entity).
7............................. Petition for Retroactive License 160 220 35,200
(undiscounted entity).
7............................. Petition for Retroactive License 36 110 3,960
(small entity).
[[Page 79286]]
7............................. Petition for Retroactive License 4 55 220
(micro entity).
-----------------------------------------------
Totals....................... 7,503 .............. 1,477,135
----------------------------------------------------------------------------------------------------------------
Postage
The USPTO estimates that 99% of the petitions in this information
collection are submitted electronically, by facsimile, or hand carried
because of the quick turnaround required, and only 1% of the 7,524
petitions will be submitted in the mail. 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 and that approximately 75
submissions will be mailed to the USPTO per year. Therefore, the USPTO
estimates that postage costs in this collection will be $694.
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. 2022-28151 Filed 12-23-22; 8:45 am]
BILLING CODE 3510-16-P
