Patent Law Treaty

OMB Control No: 0651-0073	ICR Reference No: 202201-0651-002
Status: Received in OIRA	Previous ICR Reference No: 202001-0651-003
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Law Treaty
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/08/2022

	Requested	Previously Approved
Expiration Date	03/31/2023	03/31/2023
Responses	650	650
Time Burden (Hours)	650	650
Cost Burden (Dollars)	1,130,054	1,130,054

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Abstract: The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II. The PLT harmonizes and streamlines formal procedures pertaining to the filing and processing of patent applications. As covered in the final rule titled "Changes to Implement the Patent Law Treaty" (RIN 0651-AC85), the USPTO adopted the rules of practice for consistency with the PLT and title II of the PLTIA. The information in this collection relates to the petitions for restoration that may be filed in accordance with the revised rules. The information in this collection can be submitted electronically through EFS-Web, the UPSTO's Web-based electronic filing system, as well as on paper. The USPTO is therefore accounting for both electronic and paper submissions in this collection.

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Authorizing Statute(s): US Code: 35 USC 110-119 Name of Law: Patent Law Treaties Implementation Act of 2012

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:
	84 FR 63859	11/19/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 5634	01/31/2020
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 Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.178(a)(1)(ii) PTO/SB/459 PETITION TO RESTORE THE BENEFIT OF A PROVISIONAL APPLICATION (37 CFR 1.78(b)) OR TO RESTORE THE PRIORITY TO A FOREIGN APPLICATION (37 CFR 1.55(c)) Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.178(a)(1)(ii) PTO/SB/459 PETITION TO RESTORE THE BENEFIT OF A PROVISIONAL APPLICATION (37 CFR 1.78(b)) OR TO RESTORE THE PRIORITY TO A FOREIGN APPLICATION (37 CFR 1.55(c)) Petition to Restore the Right of Priority under 37 CFR 1.55(b)(2) PTO/SB/459 PETITION TO RESTORE THE BENEFIT OF A PROVISIONAL APPLICATION (37 CFR 1.78(b)) OR TO RESTORE THE PRIORITY TO A FOREIGN APPLICATION (37 CFR 1.55(c)) Petition to Restore the Right of Priority under 37 CFR 1.55(b)(2) PTO/SB/459 PETITION TO RESTORE THE BENEFIT OF A PROVISIONAL APPLICATION (37 CFR 1.78(b)) OR TO RESTORE THE PRIORITY TO A FOREIGN APPLICATION (37 CFR 1.55(c))

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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	650	650	0	0	0	0
Annual Time Burden (Hours)	650	650	0	0	0	0
Annual Cost Burden (Dollars)	1,130,054	1,130,054	0	0	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 USPTO estimates that this information collection will receive 150 more annual responses over the 3-year period covered by this renewal request. This adjustment caused the number of burden hours to increase by 150 hours and the annual cost burden to increase by $381,988.

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Annual Cost to Federal Government: $5,912

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? No

Agency Contact: Raul Tamayo 571 272-7728 [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: 06/08/2022

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