Rules for Patent Maintenance Fees

ICR 200901-0651-004

OMB: 0651-0016

Federal Form Document

ICR Details
0651-0016 200901-0651-004
Historical Active 200608-0651-003
DOC/PTO
Rules for Patent Maintenance Fees
Revision of a currently approved collection   No
Regular
Approved without change 03/10/2009
Retrieve Notice of Action (NOA) 01/27/2009
  Inventory as of this Action Requested Previously Approved
03/31/2012 36 Months From Approved 04/30/2009
470,397 0 374,706
33,426 0 30,362
614,571,323 0 436,487,524

Under 35 U.S.C. § 41 and 37 CFR 1.20(e)-(i) and 1.362-1.378, the USPTO charges fees for maintaining in force all utility patents based on applications filed on or after December 12, 1980. Payment of these maintenance fees is due at 3 1/2, 7 1/2, and 11 1/2 years after the date the patent was granted. If the USPTO does not receive payment of the appropriate maintenance fee and any applicable surcharge within a grace period of six months following each of the above intervals, the patent will expire and no longer be enforceable. The public uses this collection to submit patent maintenance fee payments, to file petitions regarding delayed or refused payments, and to designate an address to be used for fee-related correspondence.

US Code: 35 USC 41 Name of Law: null
  
None

Not associated with rulemaking

  73 FR 64601 10/30/2008
74 FR 4737 01/27/2009
No

  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 470,397 374,706 0 0 95,691 0
Annual Time Burden (Hours) 33,426 30,362 0 0 3,064 0
Annual Cost Burden (Dollars) 614,571,323 436,487,524 0 45,846,365 132,237,434 0
No
No
The program changes in annual cost burden are due to increases in the fee amounts for each patent maintenance fee interval. The administrative adjustments are due to updated estimates for expected responses, recordkeeping costs, and postage costs.

$682,457
No
No
Uncollected
Uncollected
Uncollected
Uncollected
Robert Clarke 571 272-7735 [email protected]

  No

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.
01/27/2009


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