Post Allowance and Refiling

OMB Control No: 0651-0033	ICR Reference No: 201112-0651-001
Status: Historical Active	Previous ICR Reference No: 201005-0651-003
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Allowance and Refiling
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: 01/30/2012
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/20/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2013	08/31/2013	08/31/2013
Responses	217,684	0	217,184
Time Burden (Hours)	124,609	0	124,359
Cost Burden (Dollars)	284,980,686	0	284,915,686

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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. The USPTO is proposing to add one form to this collection, Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (PTO/SB/141). This form is associated with an existing information requirement, Certificate of Correction, that is currently approved under 0651-0033. Customers may use the proposed form PTO/SB/141 as a convenient way to provide the explanation required by the existing Certificate of Correction (PTO/SB/44) in certain instances. The new form, Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (PTO/SB/141), will be prepared and submitted electronically. Automation of this item will allow the public to complete the form on a computer and then use an interactive button on the form itself to submit the information to the USPTO over the Internet. The electronic form will be convenient for customers while also allowing the USPTO to process the petition more efficiently.

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Authorizing Statute(s): 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    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
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

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Number of Information Collection (IC) in this ICR: 10

IC Title Form No. Form Name Reissue Application: Consent of Assignee; Statement of Non-Assignment PTO/SB/53 Reissue Application: Consent of Assignee; Statement of Non-Assignment 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) Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) PTO/SB/141 Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) Reissue Application Fee Transmittal Form PTO/SB/56 Reissue Application Fee 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

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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	217,684	217,184	0	500	0	0
Annual Time Burden (Hours)	124,609	124,359	0	250	0	0
Annual Cost Burden (Dollars)	284,980,686	284,915,686	0	65,000	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: The USPTO is proposing to add one form to this collection, Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (PTO/SB/141). This form is associated with an existing information requirement, Certificate of Correction, that is currently approved under 0651-0033. The USPTO estimates that it will receive 500 responses per year using form PTO/SB/141, and that it will take the public approximately 30 minutes (0.50 hours) to prepare and submit the information for each request. Therefore, this collection takes an increase of 500 responses and 250 burden hours as a program change. There is also a $130 fee associated with submitting form PTO/SB/141. Therefore, this collection takes an increase of $65,000 in annual (non-hour) costs as a program change.

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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]? 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: 12/20/2011

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