[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: http://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 http://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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