Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Post Allowance and Reissue, 5860-5861 [2023-01748]

Download as PDF 5860 Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Notices Endangered Species Act (ESA) Section 7(a)(2) of the ESA (16 U.S.C. 1531 et seq.) requires that each Federal agency ensure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of incidental take authorizations, NMFS consults internally whenever we propose to authorize take for endangered or threatened species. No incidental take of ESA-listed species is expected to result from this activity, and none is authorized herein. Therefore, NMFS has determined that formal consultation under section 7 of the ESA is not required for this action. Authorization NMFS has issued a modified LOA to the Navy for the potential harassment of small numbers of three marine mammal species incidental to construction at the S45 Bulkhead at Naval Station Newport in Newport, Rhode Island, that includes the previously explained mitigation, monitoring, and reporting requirements. Dated: January 25, 2023. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2023–01807 Filed 1–27–23; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Patent and Trademark Office lotter on DSK11XQN23PROD with NOTICES1 Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Post Allowance and Reissue 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 November 22, 2022 during a 60-day comment period. This notice allows for an additional 30 days for public comments. VerDate Sep<11>2014 17:30 Jan 27, 2023 Jkt 259001 Agency: United States Patent and Trademark Office, Department of Commerce. Title: Post Allowance and Reissue. OMB Control Number: 0651–0033. Needs and Uses: 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. Pursuant to 35 U.S.C 254 and 255, a certificate of correction may be requested to correct an error or errors in an issued patent. If the USPTO determines that the request should be approved, the USPTO will issue a certificate of correction. For an original patent that is believed to be wholly or partly inoperative or invalid, the original patentee, or the current patent owner if there has been a subsequent assignment, may apply for reissue of the patent. The reissue application process requires, among other items, provision of an oath or declaration specifically identifying at least one error being relied upon as the basis for reissue and stating the reason for the belief that the original patent is wholly or partly inoperative or invalid (e.g., a defective specification or drawing, or claiming more or less than the patentee had the right to claim in the patent). The rules outlining reissue application procedures are found at 37 CFR 1.171–1.173 and 1.175–1.178. The title of this item has been changed from ‘‘Post Allowance and Refiling’’ to ‘‘Post Allowance and Reissue’’ to better reflect the nature of the items in this information collection. Form Number(s): (AIA = America Invents Act; SB = Specimen Book; PTOL = Patent & Trademark Office Legal Form). • PTO/AIA/05, PTO/AIA/06, PTO/SB/ 51, PTO/SB/52 (Reissue Application Declaration by the Inventor or the Assignee) PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 • PTO/AIA/07 (Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)) • PTO/AIA/50 (Reissue Patent Application Transmittal) • PTO/AIA/53, PTO/SB/53 (Reissue Application: Consent of Assignee; Statement of Non-Assignment) • PTO/SB/44 (Certificate of Correction) • PTO/SB/51S, (Supplemental Declaration for Reissue Patent Application to Correct ‘‘Errors’’ Statement (pre-AIA 37 CFR 1.175(c))) • PTO/SB/56 (Reissue Application Fee Transmittal Form) • PTOL–85B (Issue Fee Transmittal) 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: 426,301 respondents. Estimated Number of Annual Responses: 426,301 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 5.3 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: 373,568 hours. Estimated Total Annual Respondent Non-Hourly Cost Burden: $434,518,228. 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 0651–0033. Further information can be obtained by: • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0033 information request’’ in the subject line of the message. • Mail: Justin Isaac, Office of the Chief Administrative Officer, United E:\FR\FM\30JAN1.SGM 30JAN1 Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Notices 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. 2023–01748 Filed 1–27–23; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE Patent and Trademark Office lotter on DSK11XQN23PROD with NOTICES1 Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Term Extension and Adjustment 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 November 21, 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: Patent Term Extension and Adjustment. OMB Control Number: 0651–0020. Needs and Uses: 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 VerDate Sep<11>2014 17:30 Jan 27, 2023 Jkt 259001 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 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 5861 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. Form Number(s): None. Type of Review: Extension and revision of a currently approved information collection. Affected Public: Private sector; individuals or households. Respondent’s Obligation: Required to obtain or retain benefits. Frequency: On occasion. 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 request to the USPTO. Estimated Total Annual Respondent Burden Hours: 6,113 hours. Estimated Total Annual Respondent Non-Hourly Cost Burden: $327,003. 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 E:\FR\FM\30JAN1.SGM 30JAN1

Agencies

[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Pages 5860-5861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01748]


-----------------------------------------------------------------------

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; Post Allowance and Reissue

    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 November 22, 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: Post Allowance and Reissue.
    OMB Control Number: 0651-0033.
    Needs and Uses: 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.
    Pursuant to 35 U.S.C 254 and 255, a certificate of correction may 
be requested to correct an error or errors in an issued patent. If the 
USPTO determines that the request should be approved, the USPTO will 
issue a certificate of correction.
    For an original patent that is believed to be wholly or partly 
inoperative or invalid, the original patentee, or the current patent 
owner if there has been a subsequent assignment, may apply for reissue 
of the patent. The reissue application process requires, among other 
items, provision of an oath or declaration specifically identifying at 
least one error being relied upon as the basis for reissue and stating 
the reason for the belief that the original patent is wholly or partly 
inoperative or invalid (e.g., a defective specification or drawing, or 
claiming more or less than the patentee had the right to claim in the 
patent). The rules outlining reissue application procedures are found 
at 37 CFR 1.171-1.173 and 1.175-1.178.
    The title of this item has been changed from ``Post Allowance and 
Refiling'' to ``Post Allowance and Reissue'' to better reflect the 
nature of the items in this information collection.
    Form Number(s): (AIA = America Invents Act; SB = Specimen Book; 
PTOL = Patent & Trademark Office Legal Form).

 PTO/AIA/05, PTO/AIA/06, PTO/SB/51, PTO/SB/52 (Reissue 
Application Declaration by the Inventor or the Assignee)
 PTO/AIA/07 (Substitute Statement in Lieu of an Oath or 
Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 
1.64))
 PTO/AIA/50 (Reissue Patent Application Transmittal)
 PTO/AIA/53, PTO/SB/53 (Reissue Application: Consent of 
Assignee; Statement of Non-Assignment)
 PTO/SB/44 (Certificate of Correction)
 PTO/SB/51S, (Supplemental Declaration for Reissue Patent 
Application to Correct ``Errors'' Statement (pre-AIA 37 CFR 1.175(c)))
 PTO/SB/56 (Reissue Application Fee Transmittal Form)
 PTOL-85B (Issue Fee Transmittal)

    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: 426,301 respondents.
    Estimated Number of Annual Responses: 426,301 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 5.3 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: 373,568 hours.
    Estimated Total Annual Respondent Non-Hourly Cost Burden: 
$434,518,228.
    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 0651-0033.
    Further information can be obtained by:
     Email: [email protected]. Include ``0651-
0033 information request'' in the subject line of the message.
     Mail: Justin Isaac, Office of the Chief Administrative 
Officer, United

[[Page 5861]]

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. 2023-01748 Filed 1-27-23; 8:45 am]
BILLING CODE 3510-16-P

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