Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; International Design Applications (Hague Agreement), 87754-87758 [2023-27844]
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(ESA), the Marine Mammal Protection
Act (MMPA), the National
Environmental Policy Act (NEPA), the
Regulatory Flexibility Act (RFA), as well
as a variety of state statutes. The
confidentiality of the data will be
protected as required by the MSA,
Section 402(b).
This collection will be revised as
follows. First is the expansion of
observers to include an additional
fishery. The Southeast region will begin
sending observers out on Southeast reef
fish fishery trips and thus needs to add
this fishery to this collection. Second,
NOAA is combining the Southeast
observer efforts into one program. The
third change is the West Coast
Groundfish Observer Program (WCGOP)
would like to start collecting the names
of crew members within their observer
logbooks. The data will be recorded on
paper, scanned in, and stored according
to vessel name. This information will
only be accessed if there is an
enforcement issue. The final change is
also within the West Coast Groundfish
Observer Program. They have
introduced a new phone app that
captains are using to declare upcoming
fishing trips and NMFS is using to let
them know if they have been selected
for observer coverage. Other observer
programs are also working on
converting to smart phone apps, but
they have not yet been implemented.
Affected Public: Business or other forprofit organizations.
Frequency: On occasion.
Respondent’s Obligation: Voluntary.
Legal Authority: The MagnusonStevens Fishery Conservation and
Management Act (MSA), the
Endangered Species Act (ESA),
Executive Order 12866 (E.O. 12866),
and the Marine Mammal Protection Act
(MMPA).
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
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
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entering either the title of the collection
or the OMB Control Number 0648–0593.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2023–27834 Filed 12–18–23; 8:45 am]
BILLING CODE 3510–22–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; International Design
Applications (Hague Agreement)
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: 0651–0075
International Design Applications
(Hague Agreement). 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 20, 2024.
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 ‘‘0651–0075
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:
Request for additional information
should be directed to Rafael Bacares,
Senior Legal Advisor, Office of Patent
Legal Administration, United States
Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313–1450; by
telephone at 571–272–3276; or by email
at Rafael.Bacares@uspto.gov with
‘‘0651–0075 comment’’ in the subject
SUMMARY:
PO 00000
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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 Law Treaties
Implementation Act of 2012 1 (PLTIA)
amends the patent laws to implement
the provisions of the Geneva Act of the
Hague Agreement Concerning
International Registration of Industrial
Designs (hereinafter ‘‘Hague
Agreement’’) in title 1, and the Patent
Law Treaty 2 (PLT) in title 2. The Hague
Agreement is an international agreement
that enables an applicant to file a single
international design application which
may have the effect of an application for
protection for the design(s) in countries
and/or intergovernmental organizations
that are Parties to the Hague Agreement
(the ‘‘Contracting Parties’’) designated in
the applications. The United States is a
Contracting Party to the Hague
Agreement, which took effect with
respect to the United States on May 13,
2015. The Hague Agreement is
administrated by the International
Bureau (IB) of the World Intellectual
Property Organization (WIPO) located in
Geneva, Switzerland.
Under the Hague Agreement, U.S.
applicants can file international design
applications in English ‘‘indirectly’’
through the United States Patent and
Trademark Office (USPTO), which will
forward the applications to the IB or
‘‘directly’’ with the IB. An international
design application is subject to the
payment of three types of fees: (1) a
basic fee, (2) a publication fee, and (3)
in respect of each Contracting Party
where protection is sought, either in a
standard or an individual designation
fee. All applications are subject to a
three-level structure of standard fees,
which reflects the level of examination
carried out by the Office of a
Contracting Party. Also, an additional
fee is required where the application
contains a description that exceeds 100
words. In addition, a transmittal fee is
required for international design
applications filed through an office of
indirect filing. Thus, international
design applications filed through the
USPTO as an Office of indirect filing are
subject to payment of a transmittal fee
for processing and forwarding the
international design applications to the
IB. The fees required by the IB may be
paid either directly to the IB or through
the USPTO as an office of indirect filing
1 https://www.congress.gov/112/plaws/publ211/
PLAW-112publ211.pdf.
2 https://wipolex.wipo.int/en/text/288773.
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in the amounts specified on the World
Intellectual Property Organization
website. If applicants want to pay the
required fees through USPTO as an
office of indirect filing, the fees must be
paid no later than the date of payment
of the transmittal fee. The fees will then
be forwarded to the IB. The industrial
design or designs will be eligible for
protection in all the Contracting Parties
designated by applicants.
The IB ascertains whether the
international design application
complies with formal requirements,
registers the international design to the
international register, and publishes the
international registration in the
International Designs Bulletin. The
international registration contains all of
the data of the international application,
any reproduction of the international
design, date of the international
registration, number of the international
registration, and the relevant class of the
International Classification.
The IB will provide a copy of the
publication of the international
registration to each Contracting party
designated by the application. A
designated Contracting Party may
perform a substantive examination of
the design application. The USPTO will
perform a substantive examination for
patentability of the international design
application, as in the case of regular
U.S. design applications.
This information collection covers all
the necessary information required for a
international design application that is
filed through the USPTO as an Office of
indirect filing and those filed directly
through the IB. The information in this
collection is used to register a design
patent under the provisions of the
Hague Agreement. The majority of the
items are WIPO forms managed by the
IB, but this information collection also
includes two forms maintained by the
USPTO.
II. Method of Collection
The items in this information
collection can either be submitted
electronically through the USPTO
patents electronic filing system or
mailed to the USPTO.
III. Data
OMB Control Number: 0651–0075.
Forms: WIPO DM = WIPO Dessins et
Modeles (design representations); PTOL
= Patent Trademark Office Legal
• PTO–1595: (Recordation Form Cover
Sheet)
• PTOL–85 Part B (Hague): Fee(s)
Transmittal
• WIPO DM/1 (E): Application for
International Registration
• WIPO DM/1/I (E): (Annex I: Oath or
Declaration of the Creator under Rule
8(1)(a)(ii) of the Common Regulations)
• WIPO DM/1/III (E): (Annex III:
Information On Eligibility For
Protection under Rule 7(5)(g) and
Section 408(d) of the Administrative
Instructions)
• WIPO DM/1/IV (E): (Annex IV:
Reduction of United States Individual
Designation Fee under Section 408(b)
of the Administrative Instructions)
• WIPO DM/1/V (E): (Annex V:
Supporting Document(s) Concerning
Priority Claim under Article 4 of the
Paris Convention—Korean Intellectual
Property Office (KIPO))
• WIPO DM/7 (E): Appointment of a
Representative
Two forms listed above have received
OMB approval and clearance through
other USPTO information collections.
While these forms are used by this
information collection, they are
routinely approved as part of the other
information collections. These forms
are:
• PTO–1595—approved through
USPTO information collection 0651–
0027 (Recording Assignments).
• PTOL–85 Part B (Hague)—approved
through USPTO information collection
0651–0033 (Post Allowance and
Refiling).
Type of Review: Extension and
revision of a currently approved
information collection.
Affected Public: Private sector.
Respondent’s Obligation: Required to
Obtain or Retain Benefits.
Estimated Number of Annual
Respondents: 1,231 respondents.
Estimated Number of Annual
Responses: 1,231 responses.
Estimated Time per Response: The
USPTO estimates that the responses in
this information collection will take the
public approximately between 15
minutes (0.25 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: 2,052 hours.
Estimated Total Annual Respondent
Hourly Cost Burden: $917,244.
TABLE 1—TOTAL BURDEN HOURS AND HOURLY COSTS TO PRIVATE SECTOR RESPONDENTS
Item No.
1 ........................
2 ........................
3 ........................
4 ........................
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5 ........................
6 ........................
7 ........................
8 ........................
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Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated
burden
(hour/year)
Rate 3
($/hour)
Estimated
annual
respondent
cost
burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Application for International Registration
(WIPO DM/1 (E) and
PTO–1595).
Claim and Reproductions
(Drawings).
Transmittal Letter .............
Appointment of a Representative (WIPO DM/
7) filed indirectly
through the USPTO.
Petition to Excuse a Failure to Comply with a
Time Limit.
Petition to Convert to a
Design Application
under 35 U.S.C. Chapter 16.
Petition to Review a Filing
Date.
Fee Authorization .............
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155
1
155
6 ..................
930
$447
$415,710
155
1
155
4 ..................
620
447
277,140
5
62
1
1
5
62
2 ..................
0.25 (15 minutes).
10
16
447
447
4,470
7,152
3
1
3
4 ..................
12
447
5,364
3
1
3
4 ..................
12
447
5,364
3
1
3
4 ..................
12
447
5,364
11
1
11
0.25 (15 minutes).
3
447
1,341
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TABLE 1—TOTAL BURDEN HOURS AND HOURLY COSTS TO PRIVATE SECTOR RESPONDENTS—Continued
Item No.
9 ........................
10 ......................
11 ......................
12 ......................
13 ......................
14 ......................
15 ......................
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Totals .........
Item
Estimated
annual
respondents
Responses
per
respondent
Estimated
annual
responses
Estimated
time for
response
(hours)
Estimated
burden
(hour/year)
Rate 3
($/hour)
Estimated
annual
respondent
cost
burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)
Petitions to the Commissioner.
Oath or Declaration of the
Creator under Rule
8(1)(a)(ii) of the Common Regulations (WIPO
DM/1/I (E)) (Declaration
of Inventorship for the
Designation of the
United States of America) filed indirectly
through the USPTO.
Oath or Declaration of the
Creator under Rule
8(1)(a)(ii) of the Common Regulations (WIPO
DM/1/I (E)) (Substitute
Statement in Lieu of a
Declaration of
Inventorship for the
Designating the United
States of America) filed
indirectly through the
USPTO.
Information On Eligibility
For Protection (WIPO
DM/1/III (E)) filed indirectly through the
USPTO.
Reduction of United
States Individual Designation Fee under Section 408(b) of the Administrative Instructions
(WIPO DM/1/IV (E))
filed indirectly through
the USPTO.
Supporting Document(s)
Concerning Priority
Claim under Article 4 of
the Paris Convention—
Korean Intellectual
Property Office (KIPO)
(WIPO DM/1/V (E)) filed
indirectly through the
USPTO.
Fee(s) Transmittal to
USPTO for an International Design Application (PTOL–85 Part B
(Hague)).
......................................
5
1
5
4 ..................
20
447
8,940
31
1
31
0.50 (30 minutes).
16
447
7,152
2
1
2
0.50 (30 minutes).
1
447
447
3
1
3
1 ..................
3
447
1,341
8
1
8
0.50 (30 minutes).
4
447
1,788
5
1
5
0.50 (30 minutes).
3
447
1,341
780
1
780
0.50 (30 minutes).
390
447
174,330
1,231
........................
1,231
.....................
2,052
........................
917,244
Estimated Total Annual Respondent
Non-hourly Cost Burden: $3,708,240.
There are no capital start-up,
maintenance, or record-keeping costs
associated with this information
collection. However, the USPTO
estimates that the total annual (nonhour) cost burden for this collection is
$3,708,240, which includes $3,398,121
in filing fees, $310,000 in drawing costs,
and $119 in postage costs.
Filing Fees
3 2023 Report of the Economic Survey, published
by the Committee on Economics of Legal Practice
of the American Intellectual Property Law
Association (AIPLA); pg. F–41. The USPTO uses the
average billing rate for intellectual property work in
all firms which is $447 per hour (https://
www.aipla.org/home/news-publications/economicsurvey).
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The filing fees associated with this
information collection are listed in the
table below.
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TABLE 2—FILING FEES FOR PRIVATE SECTOR RESPONDENTS
Item No.
Fee code
1 .........................
WIPO ..........
1 .........................
WIPO ..........
1 .........................
WIPO ..........
1 .........................
WIPO ..........
1 .........................
WIPO ..........
1 .........................
WIPO ..........
1 .........................
WIPO ..........
1 .........................
1781 ............
1 .........................
2781 ............
1 .........................
3781 ............
5
5
5
6
1784
2784
3784
1783
.........................
.........................
.........................
.........................
............
............
............
............
6 .........................
2783 ............
6 .........................
3783 ............
7 .........................
7 .........................
7 .........................
9 .........................
9 .........................
9 .........................
15 .......................
1462
2462
3462
1462
2462
3462
1509
15 .......................
2509 ............
15 .......................
3509 ............
15 .......................
WIPO ..........
15 .......................
WIPO ..........
15 .......................
WIPO ..........
............
............
............
............
............
............
............
Item
Estimated
annual
responses
Filing fee
($)
Total non-hour
cost burden
(yr)
(a)
(b)
(a) × (b) = (c)
Application for International Registration (electronic)—Average Fee per registration to WIPO (USPTO collects and transmits it to WIPO).
Application for International Registration (electronic)—Designation Fee (first
part) for the U.S. (collecting for WIPO) (undiscounted entity).
Application for International Registration (electronic)—Designation Fee (first
part) for the U.S. (collecting for WIPO) (small entity).
Application for International Registration (electronic)—Designation Fee (first
part) for the U.S. (collecting for WIPO) (micro entity).
Application for International Registration submitted to WIPO—Designation Fee
(first part) for the U.S. (Transmitting to the USPTO by WIPO) (undiscounted
entity).
Application for International Registration submitted to WIPO—Designation Fee
(first part) for the U.S. (Transmitting to the USPTO by WIPO) (small entity).
Application for International Registration submitted to WIPO—Designation Fee
(first part) for the U.S. (Transmitting to the USPTO by WIPO) (micro entity).
Application for International Registration (electronic)—Transmittal Fee (set by
and collected by USPTO) (undiscounted entity).
Application for International Registration (electronic)—Transmittal Fee (set by
and collected by USPTO) (small entity).
Application for International Registration (electronic)—Transmittal Fee (set by
and collected by USPTO) (micro entity).
Petition to Excuse a Failure to Comply with a Time Limit (undiscounted entity)
Petition to Excuse a Failure to Comply with a Time Limit (small entity) ............
Petition to Excuse a Failure to Comply with a Time Limit (micro entity) ............
Petition to Convert to a Design Application under 35 U.S.C. Chapter 16
(undiscounted entity).
Petition to Convert to a Design Application under 35 U.S.C. Chapter 16 (small
entity).
Petition to Convert to a Design Application under 35 U.S.C. Chapter 16 (micro
entity).
Petition to Review a Filing Date (undiscounted entity) .......................................
Petition to Review a Filing Date (small entity) ....................................................
Petition to Review a Filing Date (micro entity) ....................................................
Petitions to Commissioner (undiscounted entity) ................................................
Petitions to Commissioner (small entity) .............................................................
Petitions to Commissioner (micro entity) .............................................................
Issue Fee Transmittal to USPTO for an International Design Application
(undiscounted entity).
Issue Fee Transmittal to USPTO for an International Design Application (small
entity).
Issue Fee Transmittal to USPTO for an International Design Application (micro
entity).
Application for International Registration submitted to WIPO—Issue Fee (Second part) for the U.S. (Transmitting to the USPTO by WIPO) (undiscounted
entity).
Application for International Registration submitted to WIPO—Issue Fee (Second part) for the U.S. (Transmitting to the USPTO by WIPO) (small entity).
Application for International Registration submitted to WIPO—Issue Fee (Second part) for the U.S. (Transmitting to the USPTO by WIPO) (micro-entity).
lotter on DSK11XQN23PROD with NOTICES1
Totals ..........
Drawing Costs
Postage Costs
The USPTO estimates that the costs to
produce design drawings can range from
$50 to $350 per sheet. Taking the
average of this range, the USPTO
estimates that it can cost $200 per sheet
to produce design drawings. On average,
10 sheets of drawings are submitted for
an application resulting in an average
cost of $2,000 to produce the design
drawings. The USPTO estimates that
155 respondents will file international
design applications. Overall, the costs
associated with submitting these
drawings are estimated to be $310,000.
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 estimates that 1% of the
1,231 items in this information
collection will be submitted by mail,
resulting in 12 mailed items. The
USPTO estimates that the average
postage cost for a mailed submission,
using a Priority Mail legal flat rate
envelope, will be $9.95. Therefore, the
USPTO estimates the total mailing costs
for this information collection at $119.
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157
$2,131
$334,567
10
960
9,600
11
480
5,280
6
240
1,440
1,651
960
1,584,960
527
480
252,960
138
240
33,120
62
120
7,440
85
48
4,080
18
24
432
1
1
1
1
2,100
840
420
180
2,100
840
420
180
1
72
72
1
36
36
1
1
1
1
2
1
972
420
168
84
420
168
84
740
420
168
84
420
336
84
719,280
247
296
73,112
30
148
4,440
420
700
294,000
155
350
54,250
80
175
14,000
4,582
........................
$3,398,121
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
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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 Administrative Officer, United States
Patent and Trademark Office.
[FR Doc. 2023–27844 Filed 12–18–23; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF DEFENSE
Department of the Army, Corps of
Engineers
Notice of Intent To Prepare an
Environmental Impact Statement and
Conduct Scoping Meeting for the Pier
Wind Terminal Development Project at
the Port of Long Beach, City of Long
Beach and County of Los Angeles,
California (SPL–2023–00720)
AGENCY:
U.S. Army Corps of Engineers,
DoD.
ACTION:
Notice of intent.
The purpose of this notice is
to initiate the scoping process for
preparation of a joint Environmental
Impact Statement (EIS)/Environmental
Impact Report (EIR) for the Port of Long
Beach (Port) Pier Wind Terminal
Development Project.
DATES: Submit comments concerning
this notice on or before February 6,
2024. An in-person public scoping
meeting will be held on January 10,
2024, starting at 6 p.m. PST. An inperson open house will be held from 5–
6 p.m. PST.
ADDRESSES: The public scoping meeting
will be held in the Bob Foster Civic
Chambers, adjacent to the Port of Long
Beach Administration Building, in the
Long Beach Civic Center at 411 W.
Ocean Blvd., Long Beach, California
90802. The open house will be held at
the Port of Long Beach Administration
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SUMMARY:
VerDate Sep<11>2014
17:33 Dec 18, 2023
Jkt 262001
Building, 415 W. Ocean Blvd., Long
Beach, California 90802. Email written
comments concerning this notice to:
Lisa Mangione, U.S. Army Corps of
Engineers, Los Angeles District,
Regulatory Division, lisa.mangione@
usace.army.mil. Comment emails
should include the commenter’s email,
the project title, and the USACE file
number (SPL–2023–00720) in the
subject line.
FOR FURTHER INFORMATION CONTACT: Lisa
Mangione, U.S. Army Corps of
Engineers, Los Angeles District,
Regulatory Division, (805) 585–2150,
lisa.mangione@usace.army.mil.
SUPPLEMENTARY INFORMATION: In
accordance with the National
Environmental Policy Act (NEPA), 42
U.S.C. 4321 et seq., the USACE is
requiring the preparation of an EIS prior
to making a permit decision for the
proposed Project. The USACE may
ultimately make a determination to
permit or deny the proposed Project or
a modified version of the proposed
Project. The primary Federal concerns
are dredging, dredged material disposal,
addition of permanent structures in and
over navigable waters of the U.S. and
transport of dredged material for the
purpose of ocean disposal.
Pursuant to the California
Environmental Quality Act (CEQA), Cal.
Pub. Res. Code section 21000 et seq., the
City of Long Beach Harbor Department
(Port of Long Beach or Port) will serve
as the CEQA Lead Agency in preparing
the EIR for its consideration of
development approvals within its
jurisdiction. The USACE and Port have
agreed to jointly prepare a Draft EIS/EIR
to optimize efficiency and avoid
duplication. The Draft EIS/EIR is
intended to be sufficient in scope to
address the Federal, State, and local
requirements and environmental issues
concerning the proposed activities and
permit approvals.
1. Project Site and Background
Information. The proposed Project site
is located in the Southwest Long Beach
Harbor Planning District (District 6) in
the Outer Harbor, south of the Navy
Mole and West Basin, east of the Port of
Los Angeles Pier 400, north of the
Federal breakwater, and west of the
Main Channel within the Port of Long
Beach. The site is located in the City of
Long Beach and County of Los Angeles
and adjacent to the communities of San
Pedro and Wilmington. The purpose of
the proposed Project is to develop a
terminal at the Port for receiving,
staging, and storing wind turbine
generator (WTG) components (tower
sections, nacelles, and blades), and
foundation sub-assemblies; performing
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
final assembly of floating foundations,
and integrating WTG components with
the floating foundation to create floating
offshore wind (OSW) turbine systems
(proposed Project). The proposed
Project would enable the State of
California and Federal Government to
address the global climate crisis and
decarbonization of energy resources by
supporting the establishment of wind
farms off the west coast shores of the
United States.
2. Proposed Project. The Port, acting
by and through its Board of Harbor
Commissioners, proposes to construct a
400-acre terminal and 30-acre
transportation corridor for receiving,
staging, and storing wind turbine
generator (WTG) components, and
foundation sub-assemblies, performing
final assembly of floating foundations,
and integrating WTG components with
the floating foundation to create floating
offshore wind (OSW) turbine systems.
The terminal and transportation
corridor would be located in the
Southwest Harbor Planning District
(District 6) at the Port of Long Beach just
south of the Navy Mole, east of Port of
Los Angeles Pier 400, north of the
Federal breakwater, and west of the
Main Channel. The proposed Project
would construct new land at the Port
that would best meet the land
requirements for waterfront facilities
necessary for efficient staging,
integration, floating foundation
assembly, and maintenance of large
floating OSW turbine systems as
specified in the California State Lands
Commission 2023 AB 525 Port
Readiness Plan. In-water construction
activities would include approximately
50 million cubic yards (CY) of dredging
(for fill material and surcharge),
construction of rock revetment dikes,
and construction of a terminal wharf,
sinking basin, wet storage areas, and
concrete piers adjacent to the
transportation corridor. Onshore
construction would include grading and
compaction, surfacing, transportation
corridor improvements, and installation
of utilities and signage. It is estimated
that construction activities would start
in 2027 and last a total of 9 years,
construction completed in phases and
operations starting in 2031. Overall
construction is expected to be
completed in 2035.
3. Proposed Federal Action. Because
construction of the proposed Project
would result in a discharge of dredged
and/or fill material into waters of the
United States, would place structures in
navigable waters of the United States, or
consist of work in or affecting navigable
waters of the United States, and would
transport dredged or fill material by
E:\FR\FM\19DEN1.SGM
19DEN1
]]>Agencies
[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Notices]
[Pages 87754-87758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27844]
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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; International Design Applications (Hague Agreement)
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-
0075 International Design Applications (Hague Agreement). 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 20, 2024.
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: [email protected]. Include ``0651-
0075 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: Request for additional information
should be directed to Rafael Bacares, Senior Legal Advisor, Office of
Patent Legal Administration, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-3276;
or by email at [email protected] with ``0651-0075 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 Law Treaties Implementation Act of 2012 \1\ (PLTIA)
amends the patent laws to implement the provisions of the Geneva Act of
the Hague Agreement Concerning International Registration of Industrial
Designs (hereinafter ``Hague Agreement'') in title 1, and the Patent
Law Treaty \2\ (PLT) in title 2. The Hague Agreement is an
international agreement that enables an applicant to file a single
international design application which may have the effect of an
application for protection for the design(s) in countries and/or
intergovernmental organizations that are Parties to the Hague Agreement
(the ``Contracting Parties'') designated in the applications. The
United States is a Contracting Party to the Hague Agreement, which took
effect with respect to the United States on May 13, 2015. The Hague
Agreement is administrated by the International Bureau (IB) of the
World Intellectual Property Organization (WIPO) located in Geneva,
Switzerland.
---------------------------------------------------------------------------
\1\ https://www.congress.gov/112/plaws/publ211/PLAW-112publ211.pdf.
\2\ https://wipolex.wipo.int/en/text/288773.
---------------------------------------------------------------------------
Under the Hague Agreement, U.S. applicants can file international
design applications in English ``indirectly'' through the United States
Patent and Trademark Office (USPTO), which will forward the
applications to the IB or ``directly'' with the IB. An international
design application is subject to the payment of three types of fees:
(1) a basic fee, (2) a publication fee, and (3) in respect of each
Contracting Party where protection is sought, either in a standard or
an individual designation fee. All applications are subject to a three-
level structure of standard fees, which reflects the level of
examination carried out by the Office of a Contracting Party. Also, an
additional fee is required where the application contains a description
that exceeds 100 words. In addition, a transmittal fee is required for
international design applications filed through an office of indirect
filing. Thus, international design applications filed through the USPTO
as an Office of indirect filing are subject to payment of a transmittal
fee for processing and forwarding the international design applications
to the IB. The fees required by the IB may be paid either directly to
the IB or through the USPTO as an office of indirect filing
[[Page 87755]]
in the amounts specified on the World Intellectual Property
Organization website. If applicants want to pay the required fees
through USPTO as an office of indirect filing, the fees must be paid no
later than the date of payment of the transmittal fee. The fees will
then be forwarded to the IB. The industrial design or designs will be
eligible for protection in all the Contracting Parties designated by
applicants.
The IB ascertains whether the international design application
complies with formal requirements, registers the international design
to the international register, and publishes the international
registration in the International Designs Bulletin. The international
registration contains all of the data of the international application,
any reproduction of the international design, date of the international
registration, number of the international registration, and the
relevant class of the International Classification.
The IB will provide a copy of the publication of the international
registration to each Contracting party designated by the application. A
designated Contracting Party may perform a substantive examination of
the design application. The USPTO will perform a substantive
examination for patentability of the international design application,
as in the case of regular U.S. design applications.
This information collection covers all the necessary information
required for a international design application that is filed through
the USPTO as an Office of indirect filing and those filed directly
through the IB. The information in this collection is used to register
a design patent under the provisions of the Hague Agreement. The
majority of the items are WIPO forms managed by the IB, but this
information collection also includes two forms maintained by the USPTO.
II. Method of Collection
The items in this information collection can either be submitted
electronically through the USPTO patents electronic filing system or
mailed to the USPTO.
III. Data
OMB Control Number: 0651-0075.
Forms: WIPO DM = WIPO Dessins et Modeles (design representations);
PTOL = Patent Trademark Office Legal
PTO-1595: (Recordation Form Cover Sheet)
PTOL-85 Part B (Hague): Fee(s) Transmittal
WIPO DM/1 (E): Application for International Registration
WIPO DM/1/I (E): (Annex I: Oath or Declaration of the Creator
under Rule 8(1)(a)(ii) of the Common Regulations)
WIPO DM/1/III (E): (Annex III: Information On Eligibility For
Protection under Rule 7(5)(g) and Section 408(d) of the Administrative
Instructions)
WIPO DM/1/IV (E): (Annex IV: Reduction of United States
Individual Designation Fee under Section 408(b) of the Administrative
Instructions)
WIPO DM/1/V (E): (Annex V: Supporting Document(s) Concerning
Priority Claim under Article 4 of the Paris Convention--Korean
Intellectual Property Office (KIPO))
WIPO DM/7 (E): Appointment of a Representative
Two forms listed above have received OMB approval and clearance
through other USPTO information collections. While these forms are used
by this information collection, they are routinely approved as part of
the other information collections. These forms are:
PTO-1595--approved through USPTO information collection
0651-0027 (Recording Assignments).
PTOL-85 Part B (Hague)--approved through USPTO information
collection 0651-0033 (Post Allowance and Refiling).
Type of Review: Extension and revision of a currently approved
information collection.
Affected Public: Private sector.
Respondent's Obligation: Required to Obtain or Retain Benefits.
Estimated Number of Annual Respondents: 1,231 respondents.
Estimated Number of Annual Responses: 1,231 responses.
Estimated Time per Response: The USPTO estimates that the responses
in this information collection will take the public approximately
between 15 minutes (0.25 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: 2,052 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $917,244.
Table 1--Total Burden Hours and Hourly Costs to Private Sector Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
Estimated Responses per Estimated Estimated time Estimated Rate \3\ ($/ 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................... Application for 155 1 155 6............... 930 $447 $415,710
International
Registration
(WIPO DM/1 (E)
and PTO-1595).
2................... Claim and 155 1 155 4............... 620 447 277,140
Reproductions
(Drawings).
3................... Transmittal 5 1 5 2............... 10 447 4,470
Letter.
4................... Appointment of a 62 1 62 0.25 (15 16 447 7,152
Representative minutes).
(WIPO DM/7)
filed
indirectly
through the
USPTO.
5................... Petition to 3 1 3 4............... 12 447 5,364
Excuse a
Failure to
Comply with a
Time Limit.
6................... Petition to 3 1 3 4............... 12 447 5,364
Convert to a
Design
Application
under 35 U.S.C.
Chapter 16.
7................... Petition to 3 1 3 4............... 12 447 5,364
Review a Filing
Date.
8................... Fee 11 1 11 0.25 (15 3 447 1,341
Authorization. minutes).
[[Page 87756]]
9................... Petitions to the 5 1 5 4............... 20 447 8,940
Commissioner.
10.................. Oath or 31 1 31 0.50 (30 16 447 7,152
Declaration of minutes).
the Creator
under Rule
8(1)(a)(ii) of
the Common
Regulations
(WIPO DM/1/I
(E))
(Declaration of
Inventorship
for the
Designation of
the United
States of
America) filed
indirectly
through the
USPTO.
11.................. Oath or 2 1 2 0.50 (30 1 447 447
Declaration of minutes).
the Creator
under Rule
8(1)(a)(ii) of
the Common
Regulations
(WIPO DM/1/I
(E))
(Substitute
Statement in
Lieu of a
Declaration of
Inventorship
for the
Designating the
United States
of America)
filed
indirectly
through the
USPTO.
12.................. Information On 3 1 3 1............... 3 447 1,341
Eligibility For
Protection
(WIPO DM/1/III
(E)) filed
indirectly
through the
USPTO.
13.................. Reduction of 8 1 8 0.50 (30 4 447 1,788
United States minutes).
Individual
Designation Fee
under Section
408(b) of the
Administrative
Instructions
(WIPO DM/1/IV
(E)) filed
indirectly
through the
USPTO.
14.................. Supporting 5 1 5 0.50 (30 3 447 1,341
Document(s) minutes).
Concerning
Priority Claim
under Article 4
of the Paris
Convention--Kor
ean
Intellectual
Property Office
(KIPO) (WIPO DM/
1/V (E)) filed
indirectly
through the
USPTO.
15.................. Fee(s) 780 1 780 0.50 (30 390 447 174,330
Transmittal to minutes).
USPTO for an
International
Design
Application
(PTOL-85 Part B
(Hague)).
-----------------------------------------------------------------------------------------------------------------
Totals.......... ................ 1,231 .............. 1,231 ................ 2,052 .............. 917,244
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Total Annual Respondent Non-hourly Cost Burden:
$3,708,240.
---------------------------------------------------------------------------
\3\ 2023 Report of the Economic Survey, published by the
Committee on Economics of Legal Practice of the American
Intellectual Property Law Association (AIPLA); pg. F-41. The USPTO
uses the average billing rate for intellectual property work in all
firms which is $447 per hour (https://www.aipla.org/home/news-publications/economic-survey).
---------------------------------------------------------------------------
There are no capital start-up, maintenance, or record-keeping costs
associated with this information collection. However, the USPTO
estimates that the total annual (non-hour) cost burden for this
collection is $3,708,240, which includes $3,398,121 in filing fees,
$310,000 in drawing costs, and $119 in postage costs.
Filing Fees
The filing fees associated with this information collection are
listed in the table below.
[[Page 87757]]
Table 2--Filing Fees for Private Sector Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Total non-hour
Item No. Fee code Item annual Filing fee cost burden
responses ($) (yr)
(a) (b) (a) x (b) =
(c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................. WIPO....................... Application for International Registration 157 $2,131 $334,567
(electronic)--Average Fee per
registration to WIPO (USPTO collects and
transmits it to WIPO).
1.............................. WIPO....................... Application for International Registration 10 960 9,600
(electronic)--Designation Fee (first
part) for the U.S. (collecting for WIPO)
(undiscounted entity).
1.............................. WIPO....................... Application for International Registration 11 480 5,280
(electronic)--Designation Fee (first
part) for the U.S. (collecting for WIPO)
(small entity).
1.............................. WIPO....................... Application for International Registration 6 240 1,440
(electronic)--Designation Fee (first
part) for the U.S. (collecting for WIPO)
(micro entity).
1.............................. WIPO....................... Application for International Registration 1,651 960 1,584,960
submitted to WIPO--Designation Fee (first
part) for the U.S. (Transmitting to the
USPTO by WIPO) (undiscounted entity).
1.............................. WIPO....................... Application for International Registration 527 480 252,960
submitted to WIPO--Designation Fee (first
part) for the U.S. (Transmitting to the
USPTO by WIPO) (small entity).
1.............................. WIPO....................... Application for International Registration 138 240 33,120
submitted to WIPO--Designation Fee (first
part) for the U.S. (Transmitting to the
USPTO by WIPO) (micro entity).
1.............................. 1781....................... Application for International Registration 62 120 7,440
(electronic)--Transmittal Fee (set by and
collected by USPTO) (undiscounted entity).
1.............................. 2781....................... Application for International Registration 85 48 4,080
(electronic)--Transmittal Fee (set by and
collected by USPTO) (small entity).
1.............................. 3781....................... Application for International Registration 18 24 432
(electronic)--Transmittal Fee (set by and
collected by USPTO) (micro entity).
5.............................. 1784....................... Petition to Excuse a Failure to Comply 1 2,100 2,100
with a Time Limit (undiscounted entity).
5.............................. 2784....................... Petition to Excuse a Failure to Comply 1 840 840
with a Time Limit (small entity).
5.............................. 3784....................... Petition to Excuse a Failure to Comply 1 420 420
with a Time Limit (micro entity).
6.............................. 1783....................... Petition to Convert to a Design 1 180 180
Application under 35 U.S.C. Chapter 16
(undiscounted entity).
6.............................. 2783....................... Petition to Convert to a Design 1 72 72
Application under 35 U.S.C. Chapter 16
(small entity).
6.............................. 3783....................... Petition to Convert to a Design 1 36 36
Application under 35 U.S.C. Chapter 16
(micro entity).
7.............................. 1462....................... Petition to Review a Filing Date 1 420 420
(undiscounted entity).
7.............................. 2462....................... Petition to Review a Filing Date (small 1 168 168
entity).
7.............................. 3462....................... Petition to Review a Filing Date (micro 1 84 84
entity).
9.............................. 1462....................... Petitions to Commissioner (undiscounted 1 420 420
entity).
9.............................. 2462....................... Petitions to Commissioner (small entity).. 2 168 336
9.............................. 3462....................... Petitions to Commissioner (micro entity).. 1 84 84
15............................. 1509....................... Issue Fee Transmittal to USPTO for an 972 740 719,280
International Design Application
(undiscounted entity).
15............................. 2509....................... Issue Fee Transmittal to USPTO for an 247 296 73,112
International Design Application (small
entity).
15............................. 3509....................... Issue Fee Transmittal to USPTO for an 30 148 4,440
International Design Application (micro
entity).
15............................. WIPO....................... Application for International Registration 420 700 294,000
submitted to WIPO--Issue Fee (Second
part) for the U.S. (Transmitting to the
USPTO by WIPO) (undiscounted entity).
15............................. WIPO....................... Application for International Registration 155 350 54,250
submitted to WIPO--Issue Fee (Second
part) for the U.S. (Transmitting to the
USPTO by WIPO) (small entity).
15............................. WIPO....................... Application for International Registration 80 175 14,000
submitted to WIPO--Issue Fee (Second
part) for the U.S. (Transmitting to the
USPTO by WIPO) (micro-entity).
-----------------------------------------------
Totals..................... 4,582 .............. $3,398,121
--------------------------------------------------------------------------------------------------------------------------------------------------------
Drawing Costs
The USPTO estimates that the costs to produce design drawings can
range from $50 to $350 per sheet. Taking the average of this range, the
USPTO estimates that it can cost $200 per sheet to produce design
drawings. On average, 10 sheets of drawings are submitted for an
application resulting in an average cost of $2,000 to produce the
design drawings. The USPTO estimates that 155 respondents will file
international design applications. Overall, the costs associated with
submitting these drawings are estimated to be $310,000.
Postage Costs
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
estimates that 1% of the 1,231 items in this information collection
will be submitted by mail, resulting in 12 mailed items. The USPTO
estimates that the average postage cost for a mailed submission, using
a Priority Mail legal flat rate envelope, will be $9.95. Therefore, the
USPTO estimates the total mailing costs for this information collection
at $119.
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
[[Page 87758]]
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 Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2023-27844 Filed 12-18-23; 8:45 am]
BILLING CODE 3510-16-P
