OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.
Inventory as of this Action
Requested
Previously Approved
03/31/2014
03/31/2014
03/31/2014
1,225
0
1,225
9,350
0
9,350
35,590
0
35,590
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. The provisions of 35 U.S.C. 122(c) and 37 CFR 1.99 and 1.291 govern the ability of a third party to have information entered and considered in, or to protest, a patent application pending before the USPTO.
On September 16, 2011, the Leahy-Smith America Invents Act (AIA) was enacted into law, which provides a new mechanism for third parties to submit to the USPTO, for consideration and inclusion in the record of a patent application, patents, published patent applications, or other printed publication of potential relevance to the examination of the application. Specifically, Section 8 of the Leahy-Smith AIA amends 35 U.S.C. 122 by adding 35 U.S.C. 122(e), which enumerates certain conditions that apply to a third-party preissuance submission to the USPTO. The USPTO proposes to implement 35 U.S.C. 122(e) in a new rule 37 CFR 1.290 and to eliminate 37 CFR 1.99. Section 8 of the AIA takes effect of September 16, 2012, and applies to any patent application filed before, on, or after the effective date.
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.
Form PTO/SB/429 EFS-Web Third party submissions in nonissued applications
0651-0062 SupStmt Rule Jan 2012.pdf
Information Quality Guidelines.doc
Paper Third-Party Submissions in Nonissued Applications