[Federal Register Volume 80, Number 54 (Friday, March 20, 2015)]
[Notices]
[Pages 14909-14910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-06442]
[[Page 14909]]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Proposed Collection; Comment Request; ``Fee Deficiency
Submissions''
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Notice.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to comment on
proposed and/or continuing information collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be submitted on or before May 19, 2015.
ADDRESSES: Written comments may be submitted by any of the following
methods:
Email: InformationCollection@uspto.gov. Include ``0651-
0070 Fee Deficiency Submissions'' in the subject line of the message.
Mail: Marcie Lovett, Records Management Division Director,
Office of the Chief Information Officer, United States Patent and
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
Federal Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Raul Tamayo, Senior Legal Advisor, Office of
Patent Legal Administration, United States Patent and Trademark Office
(USPTO), P.O. Box 1450, Alexandria, VA 22313- 1450; by telephone at
571-272-7728; or by email at Raul.Tamayo@uspto.gov with ``Paperwork''
in the subject line. Additional information about this collection is
also available at http://www.reginfo.gov under ``Information Collection
Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
The Leahy-Smith America Invents Act (``Act'') was enacted into law
on September 16, 2011. Public Law 112-29, 125 Stat. 283 (2011). Under
section 10(b) of the Act, eligible small entities shall receive a 50
percent fee reduction from the undiscounted fees for filing, searching,
examining, issuing, appealing, and maintaining patent applications and
patents. The Act further provides that micro entities shall receive a
75 percent fee reduction from the undiscounted fees for filing,
searching, examining, issuing, appealing, and maintaining patent
applications and patents.
This information collection covers the submissions made by patent
applicants and patentees to excuse small and micro entity fee payment
errors. Specifically, 37 CFR 1.28(c) provides a procedure by which
patent applicants and patentees may be excused for erroneous payments
of fees in the small entity amount. 37 CFR 1.29(k) provides a procedure
by which patent applicants and patentees may be excused for erroneous
payments of fees in the micro entity amount.
This information collection is necessary so that patent applicants
and patentees may pay the balance of fees due (i.e., make a fee
deficiency payment) when a fee was previously paid in error in a micro
or small entity amount. The USPTO needs the information to be able to
process and properly record a fee deficiency payment to avoid questions
arising later either for the USPTO or for the applicant or patentee as
to whether the proper fees have been paid in the application or patent.
II. Method of Collection
The items in this collection may be submitted online using EFS-Web,
the USPTO's Web-based electronic filing system, or on paper by either
mail or hand delivery.
III. Data
OMB Number: 0651-0070.
IC Instruments: The individual instruments in this collection, as
well as their associated forms, are listed in the table below.
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Information collection
IC No. instrument Form(s)
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1...................... Submissions Under 37 No form.
CFR 1.28 (c).
2...................... Submissions Under 37 No form.
CFR 1.29 (k).
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Type of Review: Regular.
Affected Public: Businesses or other for-profits; not-for-profit
institutions; individuals or households.
Estimated Number of Respondents: 3,000 responses per year. Of this
total, the USPTO expects that 2,910 responses will be submitted
electronically through EFS-Web and 90 will be submitted on paper.
Estimated Time per Response: The USPTO estimates that it will take
the public approximately 2 hours to submit the information in this
collection, including the time to gather the necessary information,
prepare the appropriate form or petition, and submit the completed
request to the USPTO.
The time per response, estimated annual responses, and estimated
annual hour burden associated with each instrument in this information
collection is shown in the table below.
Estimated Total Annual Hour Burden: 6,000 hours.
Estimated Total Annual Cost Burden (Hourly): $2,334,000. The USPTO
expects that attorneys will complete the instruments associated with
this information collection. The professional hourly rate for an
attorney is $389. Using this hourly rate, the USPTO estimates
$2,334,000 per year for the total hourly costs associated with
respondents.
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Estimated time Estimated
IC No. Information collection for response annual Estimated annual Rate ($/hr) Total cost ($)
instrument (hours) responses burden hours
(a) (b) (a) x (b) = (c) (d) (c) x (d) = (e)
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1.................................. Submissions Under 37 CFR 2 2,250 4,500 $389.00 $1,750,500.00
1.28(c).
2.................................. Submissions Under 37 CFR 2 750 1,500 389.00 583,500.00
1.29(k).
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Total.......................... ............................. .............. 3,000 6,000 .............. 2,334,000.00
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Estimated Total Annual Cost Burden (Non-Hourly): $504.00. There are
no capital startup, maintenance, or operating fees are associated with
this collection. There are, however, postage costs associated with this
collection. Specifically, customers may incur postage costs when
submitting the information in this collection to the USPTO by mail
through the United States Postal Service. The USPTO estimates that the
average first class postage cost for a mailed one-pound submission will
be $5.60 and approximately 90 submissions will be submitted to the
USPTO requiring postage.
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Information collection Total non-hour
No. instrument Responses (yr) Postage costs cost burden (yr)
(a) (b) (a) x (b) = (c)
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1............................ Submissions Under 37 CFR 45 $5.60 $252.00
1.28(c).
2............................ Submissions Under 37 CFR 45 5.60 252.00
1.29(k).
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Total.................... ........................ 90 ................. 504.00
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Therefore, the USPTO estimates that the total annual (non-hour)
cost burden for this collection, in the form of postage costs is
$504.00 per year.
IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information,
including the validity of the methodology and assumptions used; (c)
ways to enhance the quality, utility, and clarity of the information to
be collected; and (d) ways to minimize the burden of the collection of
information on respondents, including through the use of automated
collection techniques or other forms of information technology, e.g.,
permitting electronic submission of responses.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they will also become a matter of public record.
Dated: March 13, 2015.
Marcie Lovett,
Records Management Division Director, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2015-06442 Filed 3-19-15; 8:45 am]
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