Patent Processing (Updating)

OMB Control No: 0651-0031	ICR Reference No: 201111-0651-001
Status: Historical Active	Previous ICR Reference No: 201011-0651-002
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Processing (Updating)
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: 12/06/2011
Retrieve Notice of Action (NOA)	Date Received in OIRA: 11/03/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2012	07/31/2012	07/31/2012
Responses	2,444,305	0	2,459,409
Time Burden (Hours)	2,869,625	0	2,893,402
Cost Burden (Dollars)	145,375,747	0	147,592,807

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Abstract: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. § 131 et seq. to examine an application for patent and, when appropriate, issue a patent. Many actions taken by the USPTO during its examination of an application for patent or for reissue of a patent, or during its reexamination of a patent, are subject to review by an appeal to the Board of Patent Appeals and Interferences. For other USPTO actions, however, review is in the form of administrative review obtained via submission of a petition to the USPTO. The USPTO petitions practice also provides an opportunity for a patent applicant or owner to supply additional information that may be required in order for the USPTO to further process an application or reexamination proceeding. The USPTO is proposing to delete six items that have previously been moved into another OMB-approved collection, 0651-0059 Certain Patent Petitions Requiring a Fee. Currently, this collection covers certain petitions that, when submitted to the USPTO by a patent applicant or owner, are required to be accompanied by the fee set forth in 37 CFR 1.17. These petitions, along with other related petitions, became part of OMB-approved collection 0651-0059.

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Authorizing Statute(s): US Code: 35 USC 131 and 132 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:
	71 FR 103	05/30/2006
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 180	09/18/2007
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 37

IC Title Form No. Form Name Requests to Access, Inspect and Copy PTO/SB/67, PTO/SB/68 Power to Inspect/Copy ,   Request for Access to an Abandoned Application under 37 CFR 1.14 Deposit Account Order Form PTO/SB/91 Deposit Account Order Form Certificates of Mailing/Transmission PTO/SB/97, PTO/SB/92 Certificate of Mailing under 37 CFR 1.8 ,   Certificate of Transmission under 37 CFR 1.8 Applicant Initiated Interview Request Form PTOL-413A Applicant Initiated Interview Request Form eIDS (Information Disclosure Statements) filed with no additional disclosure requirements PTO/SB/08a Information Disclosure Statement by Applicant Information Disclosure Statements with no additional disclosure requirements PTO/SB/08A, PTO/SB/08B Information Disclosure Statement by Applicant ,   Information Disclosure Statement by Applicant Electronic Filing System (EFS) Copy of Application for Publication Copy of File Content Showing Redactions Copy of the Applicant or Patentee's Record of the Application (including copies of the correspondence, list of the correspondence, and statements verifying whether the record is complete or not) PTO-2054-A/B, PTO-2053-A/B, PTO/2055-A/B Notice Under 37 CFR 1.251 - Pending Application ,   Notice Uner 37 CFR 1.251 - Abandoned Application ,   Notice Under 37 CFR 1.251 - Patent Request for Continued Examination (RCE) Transmittal PTO/SB/30 Request for Continued Examination (RCE) Transmittal Petition for Extension of Time under 37 CFR 1.136(a) PTO/SB/22 Petition for Extension of Time Under 37 CFR 1.136(a) FY 2006 Request for Corrected Filing Receipt (electronic) Authorization To Permit Access to Application by Participating Offices Under 37 CFR 1.14(h) PTO/SB/39 Authorization to Permit Access to Application by Participating Offices Petition for Revival of an Application for Patent Abandoned Unavoidably PTO/SB/61 Petition for Revival of an Application for Patent Abandoned Unavoidably Under 37 CFR 1.137(a) Pre-Appeal Brief Request for Review PTO/SB/33 Pre-Appeal Brief Request for Review Request to Retrieve Electronic Priority Application(s) Under 37 CFR 1.55(d) PTO/SB/38 Request to Retrieve Electronic Priority Application(s) Petition for Express Abandonment to Obtain a Refund PTO/SB/24B Petition for Express Abandonment to Obtain a Refund Request for Deferral of Examination 37 CFR 1.103(d) PTO/SB/37 Request for Deferral of Examination 37 CFR 1.103(d) Non-publication Request PTO/SB/35 Nonpublication Request under 35 U.S.C. 122(b)(2)(B)(i) Request for Continued Examination (RCE) EFS-Web PTO/SB/30EFS Request for Continued Examination (RCE) Transmittal Information Disclosure Citation in a Patent PTO/SB/42 37 CFR 1.501 Information Disclosure Citation in a Patent Request for Corrected Filing Receipt Petition for Revival of an Application for Patent Abandoned Unintentionally PTO/SB/64 Petition for Revival of an Application for Patent Abandoned Unintentionally Under Petitions under 37 CFR 1.17(h): Petition for Accepting Color Drawings/Photos, Petition for Entry of Model/Exhibit, Petition to Withdraw Application from Issue, and Petition to Defer Issue of Patent PTO/SB/140 Petition to Withdraw an Application from Issue After Payment of the Issue Fee Under 37 CFR 1.313(c) Petition to Make Special Under Accelerated Examination Program PTO/SB/28 EFS-Web Petition to Make Special under Accelerated Examination Program Petition for Extension of Time under 37 CFR 1.136(b) PTO/SB/23 Petition for Extension of Time Under 37 CFR 1.136(b) Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) PTO/SB/24A Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Petition for Request for Documents in a Form Other Than That Provided by 1.19 Petitions under 37 CFR 1.17(g) include: Petitions to Access Assignment Records and Applications, Petition for Expungement/Return of Information, and Petition to Suspend Action in an Application Request for Voluntary Publication or Republication EFS-Web Request for Oral Hearing Before the Board of Patent Appeals and Interferences PTO/SB/32 Request for Oral Hearing Before the Board of Patent Appeals and Interferences Processing Fee Under 37 CFR 1.17(i) Transmittal PTO/SB/17i Processing Fee under 37 CFR 1.17(i) Transmittal Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing PTO/SB/64a Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f)) Request for First-Action Interview (Pilot Program) PTOL-413C Request for First-Action Interview (Pilot Program) - Draft form Petition to Make Special Based on Age for Advancement of Examination under 37 CFR 1.102(c)(1) PTO/SB/130 EFS-Web Petition to Make Special Based on Age for Advancement of Examination under 37 CFR 1.102(c)(1) Rescission of Previous Non-publication Request (35 U.S.C. 122(b)(B)(ii)) and, if applicable, Notice of Foreign Filing (35 U.S.C. 122(b)(2)(B)(iii)) PTO/SB/36 Rescission of Previous Nonpublication Request (35 U.S.C. 122(b)(2)(B)(ii)) and, if applicable, Notice of Foreign Filing (35 U.S.C. 122(b)(2)(B)(iii)) Request for Processing of Replacement Drawings to Include the Drawings in Any Patent Application Publication Express Abandonment under 37 CFR 1.138 PTO/SB/24 Express Abandonment Under 37 CFR 1.138 Disclaimers PTO/SB/62, PTO/SB/43, PTO/SB/26, PTO/SB/63, PTO/SB/25 Terminal Disclaimer to Obviate a Provisional Double Patenting Rejection over a Pending "Reference" Application ,   Terminal Disclaimer to Obviate a Double Patenting Rejection over a "Prior" Patent ,   Disclaimer in Patent Under 37 CFR 1.321(a) ,   Terminal Disclaimer to Accompany Petition (Period Specified) ,   Terminal Disclaimer to Accompany Petition Request for Expedited Examination of a Design Application PTO/SB/27 Request for Expedited Examination of a Design Application (37 CFR 1.155) Notice of Appeal PTO/SB/31 Notice of Appeal from the Examiner to the Board of Patent Appeals and Interferences Statement Under 37 CFR 3.73(b) PTO/SB/96 Statement under 37 CFR 3.73(b) Transmittal Form PTO/SB/21 Transmittal Form

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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	2,444,305	2,459,409	0	-15,104	0	0
Annual Time Burden (Hours)	2,869,625	2,893,402	0	-23,777	0	0
Annual Cost Burden (Dollars)	145,375,747	147,592,807	0	-2,217,060	0	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: Currently, this collection covers certain petitions that, when submitted to the USPTO by a patent applicant or owner, are required to be accompanied by the fee set forth in 37 CFR 1.17. These petitions, along with other related petitions, became part of another OMB-approved collection, 0651-0059 Certain Patent Petitions Requiring a Fee. The deletion of the six petitions, along with the removal of the fees and postage costs, will result in a decrease of 15,104 responses, 23,777 burden hours, and $2,217,060 in annual (non-hour) costs.

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Annual Cost to Federal Government: $7,320,402

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]? No

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]

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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: 11/03/2011

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