Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Third-Party Submissions and Protests, 74927-74928 [2024-20813]

Download as PDF Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / Notices 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; Third-Party Submissions and Protests 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 comments 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 July 8, 2024 during a 60-day comment period (89 FR 55924). This notice allows for an additional 30 days for public comment. Agency: United States Patent and Trademark Office, Department of Commerce. Title: Third-Party Submissions and Protests. OMB Control Number: 0651–0062. Needs and Uses: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 et seq. to examine an application for patent and, when appropriate, issue a patent. The provisions of 35 U.S.C. 122(c), 122(e), 131, and 151, as well as 37 CFR 1.290 and 1.291, limit the ability of a thirdparty to have information entered and considered in, or to protest, a patent application pending before the USPTO. 37 CFR 1.290 provides a mechanism for third parties to submit to the USPTO for consideration and inclusion in the record of a patent application, any 74927 patents, published patent applications, or other printed publications of potential relevance to the examination of the application. A third-party submission under 37 CFR 1.290 may be made in any nonprovisional utility, design, and plant application, including any continuing application. A third-party submission under 37 CFR 1.290 must include a concise description of the asserted relevance of each document submitted, and must be submitted within a certain statutorily specified time period. 37 CFR 1.291 permits a member of the public to file a protest against a pending application. Protests pursuant to 37 CFR 1.291 are supported by a separate statutory provision from third-party submissions under 37 CFR 1.290. As a result, there are several differences between protests and third-party submissions, as explained in the table below. TABLE 1—COMPARISON OF THIRD-PARTY SUBMISSIONS AND PROTESTS Comparison Third-party submission Protest Statute/Regulation ....... Content ........................ 35 U.S.C. 122(e), 37 CFR 1.290 ......................................................... Printed publications .............................................................................. Remarks ...................... Concise description of relevance (limited to a concise description of each document’s relevance). The earlier of— (A) the date of a notice of allowance; or (B) the later of— (i) 6 months after the date of Pre-Grant Publication, or (ii) the date of the first rejection of any claim during the examination of the application for patent. 35 U.S.C. 122(c), 37 CFR 1.291. Printed publications and any facts or information adverse to patentability. Concise explanation of the relevance (allows for arguments against patentability). (1) Prior to the date of Pre-Grant Publication or the date of a notice of allowance, whichever occurs first, or (2) accompanied by written consent of the applicant and prior to the date of a notice of allowance. khammond on DSKJM1Z7X2PROD with NOTICES Timing .......................... For example, 37 CFR 1.291 permits the submission of information that is not permitted in a third-party submission under 37 CFR 1.290. Specifically, 37 CFR 1.291 provides for the submission of information other than publications, including any facts or information adverse to patentability. Unlike the concise explanation of the relevance required for a preissuance submission under 37 CFR 1.290, which is limited to a description of a document’s relevance, the concise explanation for a protest under 37 CFR 1.291 allows for arguments against patentability. Additionally, the specified time period for submitting a protest differs from the time period for submitting third-party submissions and is impacted by whether the protest is accompanied by the written consent of the applicant. This information collection covers the items used by the public to submit information and protests regarding patent applications to the USPTO. This information collection is necessary so that the public can contribute to the quality of issued patents. The USPTO VerDate Sep<11>2014 17:53 Sep 12, 2024 Jkt 262001 will use this information, as appropriate, to assist in evaluating the patent application as it moves through the patent examination process. Forms: (SB = Specimen Book). • PTO/SB/429 (Third-Party Submission Under 37 CFR 1.290) 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. Frequency: On occasion. Estimated Number of Annual Respondents: 1,033 respondents. Estimated Number of Annual Responses: 1,033 responses. Estimated Time per Response: The USPTO estimates that the responses in this information collection will take the public approximately 10 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: 10,330 hours. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 Estimated Total Annual Respondent Non-hourly Cost Burden: $153,686. 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, 0651–0062. Further information can be obtained by: • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0062 information request’’ in the subject line of the message. • Mail: Justin Isaac, Office of the Chief Administrative Officer, United E:\FR\FM\13SEN1.SGM 13SEN1 74928 Federal Register / Vol. 89, No. 178 / Friday, September 13, 2024 / 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. 2024–20813 Filed 9–12–24; 8:45 am] BILLING CODE 3510–16–P COMMITTEE FOR PURCHASE FROM PEOPLE WHO ARE BLIND OR SEVERELY DISABLED Procurement List; Proposed Additions and Deletions Committee for Purchase From People Who Are Blind or Severely Disabled. ACTION: Proposed additions to and deletions from the Procurement List. AGENCY: The Committee is proposing to add product(s) to the Procurement List that will be furnished by nonprofit agencies employing persons who are blind or have other severe disabilities and deletes product(s) and service(s) previously furnished by such agencies. DATES: Comments must be received on or before: October 13, 2024. ADDRESSES: Committee for Purchase From People Who Are Blind or Severely Disabled, 355 E Street SW, Suite 325, Washington DC 20024. FOR FURTHER INFORMATION CONTACT: For further information or to submit comments contact: Michael R. Jurkowski, Telephone: (703) 489–1322, or email CMTEFedReg@AbilityOne.gov. SUPPLEMENTARY INFORMATION: This notice is published pursuant to 41 U.S.C. 8503 (a)(2) and 41 CFR 51–2.3. Its purpose is to provide interested persons an opportunity to submit comments on the proposed actions. SUMMARY: khammond on DSKJM1Z7X2PROD with NOTICES Additions If the Committee approves the proposed additions, the entities of the Federal Government identified in this notice will be required to procure the product(s) listed below from nonprofit agencies employing persons who are blind or have other severe disabilities. The following product(s) are proposed for addition to the Procurement List for production by the nonprofit agencies listed: Product(s) NSN(s)—Product Name(s): 8520–01–490– 7365—Advanced Instant Hand Sanitizer, Green Certified Gel, 12 fl oz, Pump Bottle Authorized Source of Supply: Travis VerDate Sep<11>2014 17:53 Sep 12, 2024 Jkt 262001 Association for the Blind, Austin, TX Contracting Activity: FEDERAL ACQUISITION SERVICE, GSA/FSS GREATER SOUTHWEST ACQUISITI Distribution: A-List Mandatory for: Total Government Requirement NSN(s)—Product Name(s): 7490–01–490–7262—Kit, Label Maker, TZe Label Tapes, USB, Bluetooth, Color Display, QWERTY Keyboard, Carry Case 7510–01–630–2385—Label Tape, Cartridge for P-touch Labeler, Laminated, Black on White, 0.35″ W x 26.2′ L 7510–01–490–7265—Label Tape, Cartridge for P-touch Labeler, Laminated, Black on White, 0.47″ W x 26.2′ L 7510–01–490–7266—Label Tape, Cartridge for P-touch Labeler, Laminated, Black on White, 0.71″ W x 26.2′ L 7690–01–563–2817—Label Tape, Cartridge for P-touch Labeler, Laminated, Black on White, 0.94″ W x 26.2′ L Authorized Source of Supply: Goodwill Vision Enterprises, Rochester, NY Contracting Activity: FEDERAL ACQUISITION SERVICE, GSA/FAS ADMIN SVCS ACQUISITION BR(2 Distribution: A-List Mandatory for: Total Government Requirement Deletions The following product(s) and service(s) are proposed for deletion from the Procurement List: Product(s) NSN(s)—Product Name(s): 8010–01–505– 1968—Enamel, Aerosol, Interior/ Exterior, Gloss White Authorized Source of Supply: The Lighthouse for the Blind, St. Louis, MO Contracting Activity: DLA TROOP SUPPORT, PHILADELPHIA, PA NSN(s)—Product Name(s): 3030–00–844–4456—Belt, V-shaped, EPDM Rubber, HC50 Cross Section, Notched/A2 Cog, Neoprene, 38.3″ 3030–01–271–3754—Belt, V-shaped, Micro, EPDM Rubber, 8 Ribs, 68″ 3030–01–293–8544—Belt, V-shaped, Micro, EPDM Rubber, 8 Ribs, 60.59″ 3030–01–387–5679—Belt, V-shaped, EPDM Rubber, HC41 Cross Section, Notched/A2 Cog, Neoprene, 30.58″ Authorized Source of Supply: Northeastern Association of the Blind at Albany, Inc., Albany, NY Contracting Activity: DLA LAND AND MARITIME, COLUMBUS, OH Service(s) Service Type: Mailing Service Mandatory for: US Army Corp of Engineers, Patrick V. McNamara Federal Building, Detroit, MI Authorized Source of Supply: Gesher Human Services, Southfield, MI Contracting Activity: DEPT OF THE ARMY, W072 ENDIST DETROIT Service Type: Administrative Services Mandatory for: Post Wide, Fort Campbell, KY Authorized Source of Supply: Huntsville Rehabilitation Foundation, Inc., PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 Huntsville, AL Contracting Activity: DEPT OF THE ARMY, W6QM MICC–FT CAMPBELL Service Type: Custodial Service Mandatory for: US Army, Asymmetric Warfare Training Center, Fort A.P. Hill, VA Authorized Source of Supply: Rappahannock Goodwill Industries, Inc., Fredericksburg, VA Contracting Activity: DEPT OF THE ARMY, W6QK ACC–APG Service Type: Military Environment Support Mandatory for: US Army, Program Executive Office for Simulation, Training and Instrumentation, Orlando, FL Authorized Source of Supply: Global Connections to Employment, Inc., Pensacola, FL Contracting Activity: DEPT OF THE ARMY, W6QK ACC–ORLANDO Service Type: Hospital Housekeeping Mandatory for: Department of Veterans Affairs, VA Maryland Health Care System, Baltimore, MD Authorized Source of Supply: Global Connections to Employment, Inc., Pensacola, FL Contracting Activity: VETERANS AFFAIRS, DEPARTMENT OF, 613– MARTINSBURG (00613) Service Type: Custodial Service Mandatory for: Department of Veterans Affairs, Veteran Affairs Outpatient Clinic, Charlotte, NC Authorized Source of Supply: OE Enterprises, Inc., Hillsborough, NC Contracting Activity: VETERANS AFFAIRS, DEPARTMENT OF, 246–NETWORK CONTRACTING OFFICE 6 Service Type: Custodial & Grounds Maintenance Mandatory for: US Army Reserve, CPT Alden D. Allen Armed Forces Reserve Center, Horseheads, NY Authorized Source of Supply: Mozaic Chapter, NYSARC, Inc., Waterloo, NY Contracting Activity: DEPT OF THE ARMY, W6QK ACC–PICA Service Type: Administrative Support Service Mandatory for: Department of Veterans Affairs, Atlanta VA Medical Center, Health Administrative Services Office, Decatur, GA Authorized Source of Supply: Bobby Dodd Institute, Inc., Atlanta, GA Contracting Activity: VETERANS AFFAIRS, DEPARTMENT OF, 247–NETWORK CONTRACT OFC 7(00247) Service Type: Custodial Services Mandatory for: Department of Veterans Affairs, York Community Based Outpatient Clinic, York, PA Authorized Source of Supply: Goodwill Services, Inc., Harrisburg, PA Contracting Activity: VETERANS AFFAIRS, DEPARTMENT OF, 595–LEBANON Service Type: Grounds & Cemetery Facilities Maintenance Mandatory for: US Army, Fort McClellan Veterans and Prisoner of War Cemeteries, Fort McClellan, AL Authorized Source of Supply: The E:\FR\FM\13SEN1.SGM 13SEN1

Agencies

[Federal Register Volume 89, Number 178 (Friday, September 13, 2024)]
[Notices]
[Pages 74927-74928]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20813]



[[Page 74927]]

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

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; Third-Party Submissions and Protests

    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 comments 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 July 8, 2024 during a 60-day comment period (89 FR 
55924). This notice allows for an additional 30 days for public 
comment.
    Agency: United States Patent and Trademark Office, Department of 
Commerce.
    Title: Third-Party Submissions and Protests.
    OMB Control Number: 0651-0062.
    Needs and Uses: The United States Patent and Trademark Office 
(USPTO) is required by 35 U.S.C. 131 et seq. to examine an application 
for patent and, when appropriate, issue a patent. The provisions of 35 
U.S.C. 122(c), 122(e), 131, and 151, as well as 37 CFR 1.290 and 1.291, 
limit the ability of a third-party to have information entered and 
considered in, or to protest, a patent application pending before the 
USPTO.
    37 CFR 1.290 provides a mechanism for third parties to submit to 
the USPTO for consideration and inclusion in the record of a patent 
application, any patents, published patent applications, or other 
printed publications of potential relevance to the examination of the 
application.
    A third-party submission under 37 CFR 1.290 may be made in any 
nonprovisional utility, design, and plant application, including any 
continuing application. A third-party submission under 37 CFR 1.290 
must include a concise description of the asserted relevance of each 
document submitted, and must be submitted within a certain statutorily 
specified time period.
    37 CFR 1.291 permits a member of the public to file a protest 
against a pending application. Protests pursuant to 37 CFR 1.291 are 
supported by a separate statutory provision from third-party 
submissions under 37 CFR 1.290. As a result, there are several 
differences between protests and third-party submissions, as explained 
in the table below.

       Table 1--Comparison of Third-Party Submissions and Protests
------------------------------------------------------------------------
                                 Third-party
        Comparison                submission              Protest
------------------------------------------------------------------------
Statute/Regulation........  35 U.S.C. 122(e), 37   35 U.S.C. 122(c), 37
                             CFR 1.290.             CFR 1.291.
Content...................  Printed publications.  Printed publications
                                                    and any facts or
                                                    information adverse
                                                    to patentability.
Remarks...................  Concise description    Concise explanation
                             of relevance           of the relevance
                             (limited to a          (allows for
                             concise description    arguments against
                             of each document's     patentability).
                             relevance).
Timing....................  The earlier of--       (1) Prior to the date
                            (A) the date of a       of Pre-Grant
                             notice of allowance;   Publication or the
                             or (B) the later of--  date of a notice of
                             .                      allowance, whichever
                            (i) 6 months after      occurs first, or (2)
                             the date of Pre-       accompanied by
                             Grant Publication,     written consent of
                             or.                    the applicant and
                            (ii) the date of the    prior to the date of
                             first rejection of     a notice of
                             any claim during the   allowance.
                             examination of the
                             application for
                             patent.
------------------------------------------------------------------------

    For example, 37 CFR 1.291 permits the submission of information 
that is not permitted in a third-party submission under 37 CFR 1.290. 
Specifically, 37 CFR 1.291 provides for the submission of information 
other than publications, including any facts or information adverse to 
patentability. Unlike the concise explanation of the relevance required 
for a preissuance submission under 37 CFR 1.290, which is limited to a 
description of a document's relevance, the concise explanation for a 
protest under 37 CFR 1.291 allows for arguments against patentability. 
Additionally, the specified time period for submitting a protest 
differs from the time period for submitting third-party submissions and 
is impacted by whether the protest is accompanied by the written 
consent of the applicant.
    This information collection covers the items used by the public to 
submit information and protests regarding patent applications to the 
USPTO. This information collection is necessary so that the public can 
contribute to the quality of issued patents. The USPTO will use this 
information, as appropriate, to assist in evaluating the patent 
application as it moves through the patent examination process.
    Forms: (SB = Specimen Book).

 PTO/SB/429 (Third-Party Submission Under 37 CFR 1.290)

    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.
    Frequency: On occasion.
    Estimated Number of Annual Respondents: 1,033 respondents.
    Estimated Number of Annual Responses: 1,033 responses.
    Estimated Time per Response: The USPTO estimates that the responses 
in this information collection will take the public approximately 10 
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: 10,330 hours.
    Estimated Total Annual Respondent Non-hourly Cost Burden: $153,686.
    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, 0651-0062.
    Further information can be obtained by:
     Email: [email protected]. Include ``0651-
0062 information request'' in the subject line of the message.
     Mail: Justin Isaac, Office of the Chief Administrative 
Officer, United

[[Page 74928]]

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. 2024-20813 Filed 9-12-24; 8:45 am]
BILLING CODE 3510-16-P


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