[Federal Register Volume 62, Number 134 (Monday, July 14, 1997)] [Notices] [Page 37563] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-18429] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Patent and Trademark Office (PTO) Deposit of Biological Materials for Patents ACTION: Proposed collection; comment request. ----------------------------------------------------------------------- SUMMARY: The Department of Commerce (DoC), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before September 12, 1997. ADDRESSES: Direct all written comments to Linda Engelmeier, Departmental Forms Clearance Officer, Department of Commerce, Room 5327, 14th and Constitution Avenue, NW, Washington, D.C. 20230. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument(s) and instructions should be directed to Robert J. Spar, Patent and Trademark Office (PTO), Washington, D.C. 20231, telephone number (703) 305-9285. SUPPLEMENTARY INFORMATION: I. Abstract Every patent must contain a description of the invention written so as to enable a person knowledgeable in the relevant science to make and use the invention. When the invention involves a biological material, sometimes words alone cannot sufficiently describe how to make and use the invention in a reproducible or repeatable manner. In such cases, the required biological material must either be known and readily (and continually) available, or be deposited in a suitable depository to obtain a patent. When a deposit is necessary, the PTO collects information to determine whether the patent statute has been complied with including whether the public has been notified about where samples of the biological material can be obtained. II. Method of Collection By mail, facsimile or hand carry when the applicant or agent files a patent application with the Patent and Trademark Office (PTO) or submits subsequent papers during the prosecution of the application to the PTO. III. Data OMB Number: 0651-0022. Form Number: None. Type of Review: Renewal without change. Affected Public: Individuals or households, business or other non- profit, not-for-profit institutions and Federal Government. Estimated Number of Respondents: 3,500. Estimated Time Per Response: One hour. Estimated Total Annual Burden Hours: 3,500 hours. Estimated Total Annual Cost: $350,000 to submit the information to the PTO. Capital costs include testing and storage fees. A one time/per deposit testing fee typically costs $100.00 to assess the viability of the biological material. The one time/per deposit storage fee is approximately $960.00. The sum of capital costs is $3,710,000 annually. ($1060 X 3500) 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; (c) ways to enhance the quality, 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. 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: July 8, 1997. Linda Engelmeier, Departmental Forms Clearance Officer, Office of Management and Organization. [FR Doc. 97-18429, Filed 7-11-97; 8:45 am] BILLING CODE 3510-16-P