Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Patent Law Treaty, 5862 [2023-01753]

Agencies

• DEPARTMENT OF COMMERCE
• Patent and Trademark Office

[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Notices]
[Page 5862]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01753]


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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 Law Treaty

    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 17, 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 Law Treaty.
    OMB Control Number: 0651-0073.
    Needs and Uses: The Patent Law Treaties Implementation Act of 2012 
(PLTIA) implements the provisions of the Patent Law Treaty (PLT) in 
title II. PLT Article 13 provides for the restoration of the right of 
priority where there is a failure to timely claim priority to the prior 
application, and also where there is a failure to file the subsequent 
application within 12 months of the filing date of the priority 
application.
    The United States Patent and Trademark Office (USPTO) rules of 
practice are consistent with the PLT and title II of the PLTIA. Section 
201(c) of the PLTIA amended 35 U.S.C. 119 to provide that the 12-month 
periods set forth in 35 U.S.C. 119(a) and (e) may be extended by an 
additional 2 months if the delay in filing an application claiming 
priority to a foreign application or the benefit of a provisional 
application within that 12-month period was unintentional.
    The information in this information collection is necessary so that 
patent applicants and/or patentees may seek restoration of the right of 
priority to a prior-filed foreign application or of the right to the 
benefit of a prior-filed provisional application. The USPTO will use 
the petition to restore the right of priority to a prior filed foreign 
application or the right to the benefit of a prior-filed provisional 
application to determine whether the applicant has satisfied the 
conditions of the applicable statute (35 U.S.C. 119) and regulation (37 
CFR 1.55(c) or 1.78(b)).
     Form Number(s): PTO/SB/459 (Petition to Restore the Right 
of Priority under 37 CFR 1.55(c) or Petition to Restore the Benefit of 
a Prior-Filed Provisional Application under 37 CFR 1.78(b)).
    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: 800 respondents.
    Estimated Number of Annual Responses: 800 responses.
    Estimated Time per Response: The USPTO estimates that the responses 
in this information collection will take the public approximately 1 
hour 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: 800 hours.
    Estimated Total Annual Respondent Non-Hourly Cost Burden: 
$1,464,824.
    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 0651-0073.
    Further information can be obtained by:
     Email: [email protected]. Include ``0651-
0073 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. 2023-01753 Filed 1-27-23; 8:45 am]
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