Post Allowance and Refiling

OMB Control No: 0651-0033	ICR Reference No: 201005-0651-003
Status: Historical Active	Previous ICR Reference No: 200704-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Allowance and Refiling
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/27/2010
Retrieve Notice of Action (NOA)	Date Received in OIRA: 07/20/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2013	36 Months From Approved	08/31/2010
Responses	217,184	0	224,926
Time Burden (Hours)	124,359	0	68,245
Cost Burden (Dollars)	284,915,686	0	273,113,430

---

Abstract: The USPTO is required by 35 U.S.C. 131 and 151 to examine applications and issue them as patents when appropriate. The applicant must then pay the required issue fee to receive the patent and avoid abandonment of the application. The USPTO can also correct errors in patents and reissue patents as appropriate. The public uses this information collection to pay fees for issuing patents, to request corrections of errors in issued patents, to apply for reissue patents, and to ensure that the necessary fees and documentation are submitted to the USPTO. This collection previously included information requirements related to patent reexaminations. These items are being removed from this collection and were approved by the Office of Management and Budget (OMB) in February 2010 as a separate new collection, 0651-0064 Patent Reexaminations.

---

Authorizing Statute(s): US Code: 35 USC 41 Name of Law: null    US Code: 35 USC 131 Name of Law: null    US Code: 35 USC 151 Name of Law: null    US Code: 35 USC 251-256 Name of Law: null

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 6350	02/09/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 41435	07/16/2010
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 9

IC Title Form No. Form Name Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175) PTO/SB/51S Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175) Request for Inter Partes Reexamination Transmittal Form PTO/SB/58 Request for Inter Partes Reexamination Transmittal Form Petition to Review Refusal to Grant Ex Parte Reexamination Petition to Review Refusal to Grant Inter Partes Reexamination Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination Reissue Application Fee Transmittal Form PTO/SB/56 Reissue Application Fee Transmittal Form Request for Ex Parte Reexamination Transmittal Form PTO/SB/57 Request for Ex Parte Reexamination Transmittal Form Reissue Documentation Reissue Patent Application Transmittal PTO/SB/50 Reissue Patent Application Transmittal Reissue Application Declaration by the Inventor or the Assignee PTO/SB/51, PTO/SB/52 Reissue Application Declaration by the Inventor ,   Reissue Application Declaration by the Assignee Issue Fee Transmittal PTOL-85B Issue Fee Transmittal Issue Fee Transmittal (EFS-Web) PTOL-85B Issue Fee Transmittal Certificate of Correction PTO/SB/44 Certificate of Correction Reissue Application: Consent of Assignee; Statement of Non-Assignment PTO/SB/53 Reissue Application: Consent of Assignee; Statement of Non-Assignment

---

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	217,184	224,926	0	-751	-6,991	0
Annual Time Burden (Hours)	124,359	68,245	0	-1,326	57,440	0
Annual Cost Burden (Dollars)	284,915,686	273,113,430	0	15,078,889	-3,276,633	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The changes in annual responses, burden hours, and annual costs for this ICR are due to both program changes and administrative adjustments. There are decreases in annual responses and burden hours due to deleting items related to patent reexaminations from this collection. There are additional decreases in annual responses due to adjustments to the estimated filings expected for the items in this collection, but an overall increase in the estimated burden hours due to adjustments to the estimated time for the public to submit some of the information in this collection. The increase in annual cost burden for this ICR is primarily due to increased fees for issued patents and reissue applications as well as adjustments to estimated postage and record keeping costs. These increases are partially offset by decreases from deleting items related to patent reexaminations from this collection as well as decreases in estimated annual responses (and their associated costs) for some items in this collection.

---

Annual Cost to Federal Government: $450,914

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]? No

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: Raul Tamayo 5712727728 [email protected]

---

Common Form ICR:  No

---

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: 07/20/2010

---