Patent Reexaminations and Supplemental Examinations

OMB Control No: 0651-0064	ICR Reference No: 201310-0651-001
Status: Historical Active	Previous ICR Reference No: 201209-0651-010
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Reexaminations and Supplemental Examinations
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: 11/26/2013
Retrieve Notice of Action (NOA)	Date Received in OIRA: 10/25/2013
Terms of Clearance: 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
Expiration Date	07/31/2015	07/31/2015	07/31/2015
Responses	8,800	0	9,560
Time Burden (Hours)	183,951	0	235,365
Cost Burden (Dollars)	4,663	0	35,592,825

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Abstract: This request is to update the current inventory estimates. The request covers removing certain fees and two items. First, to avoid double-counting the annual (non-hour) costs, the USPTO is removing fees from 0651-0064 that were previously moved into collection 0651-0072 America Invents Act Section 10 Patent Fee Adjustments (approved by OMB in January 2013). Only the affected fees will be removed; the associated items and other burden information will remain in 0651-0064. Second, the USPTO is removing two items from 0651-0064 related to initial Requests for Inter Partes Reexamination because the information is no longer collected. Pursuant to section 6(c)(3) of the Leahy-Smith America Invents Act, the authority to file inter partes reexamination requests terminated on September 16, 2012.

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Authorizing Statute(s): US Code: 35 USC 257 Name of Law: null    PL: Pub.L. 112 - 29 12 Name of Law: Leahy-Smith America Invents Act    US Code: 35 USC 132 Name of Law: null    US Code: 35 USC 301-318 Name of Law: null

Citations for New Statutory Requirements: US Code: 35 USC 311-319 Name of Law: null PL: Pub.L. 112 - 29 6(c)(3) Name of Law: Leahy-Smith America Invents Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0651-AC69	Not associated with rulemaking	77 FR 48828	08/14/2012

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 13

IC Title Form No. Form Name Request for Ex Parte Reexamination Transmittal Form PTO/SB/57 Request for Ex Parte Reexamination Transmittal Form Request for Ex Parte Reexamination Patent Owner's 37 CFR 1.530 Statement Third Party Requester's 37 CFR 1.535 Reply Amendment in Ex Parte or Inter Partes Reexamination Third Party Requester's 37 CFR 1.947 Comments in Inter Partes Reexamination Response to Final Rejection in Ex Parte Reexamination Patent Owner's 37 CFR 1.951 Response in Inter Partes Reexamination Third Party Requester's 37 CFR 1.951 Comments in Inter Partes Reexamination Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination Petition in a Reexamination Proceeding (except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d)) Request for Supplemental Examination Transmittal Form PTO/SB/59 Request for Supplemental Examination Transmittal Form Request for Supplemental Examination Request for Inter Partes Reexamination Request for Inter Partes Reexamination Transmittal Form PTO/SB/58 Request for Inter Partes Reexamination 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	8,800	9,560	-760	0	0	0
Annual Time Burden (Hours)	183,951	235,365	-51,414	0	0	0
Annual Cost Burden (Dollars)	4,663	35,592,825	-3,168,954	-32,419,208	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: No

Burden Reduction Due to:

Short Statement: The program changes to annual costs due to agency discretion are from removing the fees from 0651-0064 that were previously moved into collection 0651-0072. The program changes to annual responses, burden hours, and annual costs due to a new statute are from removing two items from 0651-0064 related to initial Requests for Inter Partes Reexamination because the information is no longer being collected.

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Annual Cost to Federal Government: $560,660

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: 10/25/2013

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