International Design Applications (Hague Agreement)

OMB Control No: 0651-0075	ICR Reference No: 202011-0651-003
Status: Received in OIRA	Previous ICR Reference No: 201909-0651-005
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: International Design Applications (Hague Agreement)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/30/2020

	Requested	Previously Approved
Expiration Date	36 Months From Approved	01/31/2021
Responses	1,706	556
Time Burden (Hours)	2,301	1,900
Cost Burden (Dollars)	3,389,280	425,620

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Abstract: The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends the patent laws to implement the provisions of the Geneva Act of the Hague Agreement Concerning International Registration of Industrial Designs in title 1, and the Patent Law Treaty (PLT) in title II. The Hague Agreement facilitates intellectual property protection for industrial designs by inventors in every member country and intergovernmental organizations that are Contracting Parties to the Hague Agreement through a single standardized application filed directly with the International Bureau (IB) of the World Intellectual Property Organization (WIPO) or indirectly through an appropriate Contracting Party's Office, such as the United States Patent and Trademark Office (USPTO). It is administered by the IB of WIPO located in Geneva, Switzerland. The information requested in this information collection is necessary for respondents to file an international design application and for the USPTO to process international design applications and related correspondence under the Hague Agreement. The IB also uses this information to administer international design applications as required by the Hague Agreement.

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Authorizing Statute(s): US Code: 35 USC 2(b)(2) 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:
	85 FR 60964	09/29/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 76537	11/30/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title Form No. Form Name Application for International Registration (Individuals and Households) DM/1/Annex 1, Annex II, DM/1/Annex III, DM/1/Annex IV, DM/1/Annex V, WIPO DM/7 Oath or Declaration of the Creator ,   Supporting Document(s) Concerning a Declaration to the Exception to Lack of Novelty ,   Information on Eligibility for Protection ,   Reduction of United States Individual Designation Fee ,   Supporting Document(s) Concerning Priority Claim to the Korean Intellectual Property Office (KIPO) ,   Appointment of a Representative Issue Fee to USPTO for an International Design Application (Individuals and Households) PTOL 85 B Fee Transmittal Petition to Excuse a Failure to Comply with a Time Limit Petition to Convert to a Design Application under 35 U.S.C. 16 Declaration on Inventorship for Purposes of designation of the United States WIPO DM1e Application for International Registration Substitute Statement in Lieu of a Declaration of Inventorship for the Purpose of Designating the United States WIPO DM1e Application for International Registration Assignment Cover Sheet PTO 1595 Recordation Form Cover Sheet Petition to Review a Filing Date Fee Authorization Petitions to the Commissioner Transmittal of Issue Fee to USPTO for an International Design Application PTOL-Part B Fees Transmittal Application for International Registration (Private Sector Respondents) DM/1/Annex I, DM/1/Annex II, Annex III, Annex IV, Annex V, WIPO DM/7 Oath or Declaration of the Creator ,   Supporting Documents Concerning a Declaration to the Exception of the Lack of Novelty ,   Information on Eligibility for Protection ,   Reduction of United States Individual Designation Fee ,   Supporting Document(s) Concerning Priority Claim to the Korean Intellectual Property Office (KIPO) ,   Appointment of a Representative Issue Fee to USPTO for an International Design Application (Private Sector) PTOL 85 B Fee Transmittal

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ICR Summary of Burden

	Total Request	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	1,706	556	0	0	1,150	0
Annual Time Burden (Hours)	2,301	1,900	0	0	401	0
Annual Cost Burden (Dollars)	3,389,280	425,620	0	0	2,963,660	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: Increase in response estimates based on recent Agency estimates of respondents using these processes. A dramatic increase (almost 300% more submissions than in the 2017 estimates) in usage of the international registration processes is the primary driver of change to this information collection.

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Annual Cost to Federal Government: $27,686

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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? Yes

Agency Contact: Rafael Bacares 571 272-3276 [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: 11/30/2020

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