Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Matters Related To First Inventor To File, 81894-81896 [2024-23349]

Agencies

• DEPARTMENT OF COMMERCE
• Patent and Trademark Office

[Federal Register Volume 89, Number 196 (Wednesday, October 9, 2024)]
[Notices]
[Pages 81894-81896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23349]


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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; Matters Related To First Inventor To File

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice of information collection; request for comment.

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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-
0071 (Matters Related to First Inventor to File). 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 December 9, 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-
0071 comment'' in the subject line of the message.
     Federal eRulemaking 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 Raul Tamayo, 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 571-272-7728; 
or by email at [email protected] with ``0651-0071 comment'' in the 
subject line. Additional information about this information collection 
is also available

[[Page 81895]]

at https://www.reginfo.gov under ``Information Collection Review.''

SUPPLEMENTARY INFORMATION: 

I. Abstract

    Section 3 of the Leahy-Smith America Invents Act (AIA), inter alia, 
amended 35 U.S.C. 102 and 103 consistent with the objectives of the 
AIA, including the conversion of the United States patent system from a 
``first to invent'' system to a ``first inventor to file'' system. The 
changes to 35 U.S.C. 102 and 103 in section 3 of the AIA went into 
effect on March 16, 2013, but apply only to certain applications filed 
on or after March 16, 2013.
    This information collection covers information required by 37 CFR 
1.55(k), 1.78(a)(6), and 1.78(d)(6) to assist the USPTO in determining 
whether an application is subject to 35 U.S.C. 102 and 103 as amended 
by section 3 of the AIA, or 35 U.S.C. 102 and 103 as in effect on March 
15, 2013. The information is only required in nonprovisional 
applications filed on or after March 16, 2013, that claim foreign 
priority to, or domestic benefit of, an application filed before March 
16, 2013. Moreover, the information is not required if the 
nonprovisional application filed on or after March 16, 2013, claims the 
benefit of an earlier application in which a statement under 37 CFR 
1.55(k), 1.78(a)(6), or 1.78(d)(6) has already been filed. Given the 
passage of time, it is increasingly rare for a newly filed 
nonprovisional application to claim foreign priority to, or domestic 
benefit of, an application filed before March 16, 2013, without also 
claiming benefit of an earlier application in which the statement has 
already been filed. Accordingly, the estimated responses for this 
collection continue to decrease.

II. Method of Collection

    The items in this information collection may be submitted 
electronically, or by mail, facsimile, or hand delivery.

III. Data

    OMB Control Number: 0651-0071.
    Forms: None.
    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: 50 respondents.
    Estimated Number of Annual Responses: 50 responses.
    Estimated Time per Response: The USPTO estimates that the responses 
in this information collection will take the public approximately 2 
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: 100 hours.
    Estimated Total Annual Respondent Hourly Cost Burden: $44,700.

                                       Table 1--Total Burden Hours and Hourly Costs to Private Sector Respondents
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                                                                                                 Estimated                                   Estimated
                                                       Estimated    Responses      Estimated      time for      Estimated    Rate \1\ ($/     annual
         Item No.                     Item               annual        per          annual        response    burden (hour/     hour)       respondent
                                                      respondents   respondent     responses      (hours)         year)                     cost burden
                                                              (a)          (b)     (a) x (b) =          (d)     (c) x (d) =          (f)     (e) x (f) =
                                                                                           (c)                          (e)                          (g)
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1........................  Submissions Under 37 CFR            25            1              25            2              50         $447         $22,350
                            1.55(k).
2........................  Submissions Under 37 CFR            20            1              20            2              40          447          17,880
                            1.78(a)(6).
3........................  Submissions Under 37 CFR             5            1               5            2              10          447           4,470
                            1.78(d)(6).
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    Totals...............  .........................           50  ...........              50  ...........             100  ...........          44,700
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    Estimated Total Annual Respondent Non-hourly Cost Burden: $10. 
There are no capital start-up costs, maintenance costs, recordkeeping 
costs, or filing fees associated with this information collection. 
However, the USPTO estimates that the total annual non-hour cost burden 
for this information collection in the form of postage is $10.
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    \1\ 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).
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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 one item will be submitted in the mail. The USPTO estimates 
that the average postage cost for a mailed submission, using a Priority 
Mail legal flat rate envelope, will be $10.15. Therefore, the USPTO 
estimates the total mailing costs for this information collection at 
$10.

IV. Request for Comments

    The USPTO is soliciting public comments to:
    (a) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the Agency, including 
whether the information will have practical utility;
    (b) Evaluate the accuracy of the Agency's estimate of the burden of 
the collection of information, including the validity of the 
methodology and assumptions used;
    (c) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (d) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.
    All comments submitted in response to this notice are a matter of 
public record. The 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, the

[[Page 81896]]

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. 2024-23349 Filed 10-8-24; 8:45 am]
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