Board of Patent Appeals and Interferences (BPAI) Actions

OMB Control No: 0651-0063	ICR Reference No: 200809-0651-003
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Board of Patent Appeals and Interferences (BPAI) Actions
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 12/22/2009
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/09/2008
Terms of Clearance: Revised to modify the pending information collection request submission to limit it to the current rule [37 CFR 41.1 et seq. (2004)].

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2012	36 Months From Approved
Responses	28,215	0	0
Time Burden (Hours)	812,280	0	0
Cost Burden (Dollars)	11,447,731	0	0

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Abstract: The Patent Statute 35 U.S.C. 6(b) established the Board of Patent Appeals and Interferences (BPAI). As such, the BPAI "shall, on written appeal of an applicant, review adverse decisions of examiners upon applications for patent and shall determine priority and patentability of invention in interferences." BPAI has the authority under 35 U.S.C. 134 and 306 to review ex parte appeals from the adverse decisions of examiners in those situations where a written appeal is taken by a dissatisfied applicant. The current rules governing ex parte appeals can be found in 37 CFR 41.1 through 41.54.

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Authorizing Statute(s): US Code: 35 USC 306 Name of Law: null    US Code: 35 USC 134 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
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 32559	06/09/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 58943	10/08/2008
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 3

IC Title Form No. Form Name Reply Brief Request for Rehearing Before the BPAI Appeal Brief

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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	28,215	0	0	28,215	0	0
Annual Time Burden (Hours)	812,280	0	0	812,280	0	0
Annual Cost Burden (Dollars)	11,447,731	0	0	11,447,731	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to:

Short Statement: This is a new information collection request which, upon approval by the OMB, will increase the USPTO's current information collection inventory. The USPTO is including these three items associated with the Board of Patent Appeals and Interferences (BPAI) as an addition to the two items currently covered in 0651-0031 (Notice of Appeal and Request for Oral Hearing Before the BPAI). The USPTO expects to move these two items from 0651-0031 into this new collection with the end result an expanded and consolidated BPAI collection.

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Annual Cost to Federal Government: $567,909

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)? No

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Kimberly Jordan 5712729797

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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: 10/09/2008

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