Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.
Inventory as of this Action
Requested
Previously Approved
01/31/2014
12/31/2012
12/31/2012
35,044
0
28,215
869,685
0
812,280
13,041,071
0
11,447,731
The Board of Patent and Appeals (BPAI) has the authority under 35 U.S.C. Sections 134 and 306 to review ex parte appeals. The United States Patent and Trademark Office (USPTO) is submitting this information collection request in support of a notice of proposed rulemaking entitled "Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals" (RIN 0651-AC37). This proposed rule will add a new requirement (amendments)into the collection, proposes changes to the current appeal rules that may cause some appellants to add subheading(s) to an appeal brief, and proposes to eliminate several of the current briefing requirements for appeal briefs. In addition to the changes proposed by the rulemaking, the USPTO is taking this opportunity to reestimate the postage costs due to increased U.S. postage rates, reestimate the filing fees, and update the number of projected responses for the appeal briefs, reply briefs, and requests for rehearings based on current projections.
The USPTO will publish a notice of proposed rulemaking entitled "Rules of Practice Before the Board of Patent Appeals and Interferences in Ex Parte Appeals" which adds a new item (amendments)and reduces the amount of time that it takes to complete an appeal brief. The USPTO estimates that the proposed rule adds 534 hours to the collection and reduces 69,435 hours, for a total reduction of 68,901 hours per year. The USPTO also estimates that the number of briefs and requests filed will increase by 6,562 responses, for a burden increase of 126,306 hours per year. These actions are estimated to increase the burden hours by 57,405 hours per year, with a program reduction of 68,901 hours offset by an administrative increase of 126,306 hours. The proposed rule will add $348 in postage costs for the amendments into the collection. The USPTO estimates that reduced paper filings will reduce the postage costs by $203,048 per year, and that increases in the number of submissions will increase the filing fees by $1,796,040. These actions are estimated to increase the annual costs by $1,593,340 per year, with a program increase of $348 and an administrative increase of $1,592,992.
$682,899
No
No
No
No
No
Uncollected
Linda Horner 571 272-9797
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:
(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;
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.
0651-0063_PRA_Justification_RIN_AC37.pdf
Appeal Brief (EFS-Web)