Rules for Patent Maintenance Fees

OMB Control No: 0651-0016	ICR Reference No: 200608-0651-003
Status: Historical Active	Previous ICR Reference No: 200602-0651-004
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Rules for Patent Maintenance Fees
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 10/04/2006
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/14/2006
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2009	04/30/2009	04/30/2009
Responses	374,706	0	374,706
Time Burden (Hours)	30,362	0	30,362
Cost Burden (Dollars)	436,487,524	0	436,486,000

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Abstract: Under 35 U.S.C. Sec. 41 and 37 CFR 1.20(e)-(i) and 1.362-1.378 the USPTO charges maintenance fees for keeping utility patents in force. Maintenance fee payments are due at 3 1/2. 7 1/2 and 11 1/2 years after the date the patent was granted. The public uses this collection to submit patent maintenance fee payments, to file petitions and regarding delayed or refused payments and to designate an address to be used for fee-related correspondence. The USPTO uses this information to process and record maintenance fee payments, to consider related petitions, and to send fee correspondence to the correct address. The USPTO is proposing to add an electronic version of an existing approved form, PTO/SB/66 Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c)), into this collection. Customers will be able to submit the new version of PTO/SB/66 electronically through EFS-Web, the USPTO's latest electronic filing initiative. The proposed new form does not include any material changes in the information being collected.

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Authorizing Statute(s): US Code: 35 USC 41 Name of Law: null

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title Form No. Form Name Rules for Patent Maintenance Fees PTO/SB/45, PTO/SB/47, PTO/SB/65, PTO/SB/66, PTO/SB/66 Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c)) ,   Petition to Accept Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(c)) ,   Maintenance Fee Transmittal Form ,   Fee Address Indication Form ,   Petition to Accept Unavoidably Delayed Payment of Maintenance Fee in an Expired Patent (37 CFR 1.378(b))

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	374,706	374,706	0	0	0	0
Annual Time Burden (Hours)	30,362	30,362	0	0	0	0
Annual Cost Burden (Dollars)	436,487,524	436,486,000	0	0	1,524	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Susan Brown 571-272-5429 [email protected]

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
		(a) It is necessary for the proper performance of agency functions;
		(b) It avoids unnecessary duplication;
		(c) It reduces burden on small entities;
		(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
		(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
		(f) It indicates the retention periods for recordkeeping requirements;
		(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
			(i) Why the information is being collected;
			(ii) Use of information;
			(iii) Burden estimate;
			(iv) Nature of response (voluntary, required for a benefit, or mandatory);
			(v) Nature and extent of confidentiality; and
			(vi) Need to display currently valid OMB control number;
		(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
		(i) It uses effective and efficient statistical survey methodology (if applicable); and
		(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date: 09/14/2006

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