[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]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office (PTO)


Deposit of Biological Materials for Patents

ACTION: Proposed collection; comment request.

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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