Patent Cooperation Treaty

Forms and Documents

Document Name	Status

No forms / supporting documents in this ICR. Check IC Document Collections.

IC Document Collections

IC ID	Document Title	Status
4689	Patent Cooperation Treaty	Modified
46337	Petition under 37 CFR 1.6(g) to Accord the Application under 37 CFR 1.495(b) a National Stage Entry Date	New

ICR Details

OMB Control No: 0651-0021	ICR Reference No: 200612-0651-001
Status: Historical Active	Previous ICR Reference No: 200312-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Cooperation Treaty
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/23/2007
	Date Received in OIRA: 12/14/2006
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2010	03/31/2007	03/31/2007
Responses	355,658	0	355,655
Time Burden (Hours)	347,891	0	347,889
Cost Burden (Dollars)	171,866,001	0	171,866,000

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Abstract: The general purpose of the Patent Cooperation Treaty (PCT) is to standardize the format and filing procedures so that applicants may file one international application in one location, in one language, and pay one initial set of fees to seek protection for an invention in more than 100 designated countries. This collection of information is necessary so that respondents can apply for an international patent and so that the USPTO can fulfill its duties to process, search, and examine international patent applications under the provisions of the PCT. The USPTO is submitting this collection in support of a final rulemaking entitled “Changes to Facilitate Electronic Filing of Patent Correspondence” (RIN 0651-AB92), which will provide applicants with a new process for showing that national stage correspondence submitted electronically was actually received by the Office. A new petition to support this process is being added to this collection.

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Authorizing Statute(s): US Code: 35 USC 351-376 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:
0651-AB92	Final or interim final rulemaking

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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: 2

IC Title	Form No.	Form Name
Patent Cooperation Treaty	PTO-1382, PCT/RO/101, PCT/RO/134, PCT/IPEA/401, PTO-1390, PTO/SB/61/PCT, PTO/SB/64/PCT
Petition under 37 CFR 1.6(g) to Accord the Application under 37 CFR 1.495(b) a National Stage Entry Date

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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	355,658	355,655	0	3	0	0
Annual Time Burden (Hours)	347,891	347,889	0	2	0	0
Annual Cost Burden (Dollars)	171,866,001	171,866,000	0	1	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: The USPTO is submitting this information collection in support of a final rulemaking, “Changes to Facilitate Electronic Filing of Patent Correspondence” (RIN 0651-AB92). The USPTO is amending the rules of practice to support implementation of EFS-Web, the Office’s web-based electronic filing system. As part of this implementation, the USPTO will provide applicants with a new process for showing that national stage correspondence submitted via EFS-Web was actually received by the Office by relying on the acknowledgment receipt, which is electronically returned to the applicant after the correspondence is transmitted. In the event that the USPTO has no evidence of receiving national stage correspondence that was submitted electronically, applicants may submit a petition to the USPTO with a copy of the acknowledgment receipt or other equivalent evidence of the prior submission of the national stage correspondence via EFS-Web. This new petition, Petition under 37 CFR 1.6(g) to Accord the Application under 37 CFR 1.495(b) a National Stage Entry Date, is being added to this collection. There is no form associated with this petition. For this rulemaking, the USPTO estimates that the annual responses for this collection will increase by 3 and that the burden hours will increase by 2 as a program change due to the addition of the new petition. The USPTO also estimates that the annual (non-hour) costs for this collection will increase by $1 as a program change due to the addition of postage costs for submitting the new petition by mail.

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Annual Cost to Federal Government: $3,373,580

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]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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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: 12/14/2006

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