Post Allowance and Refiling

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form PTO/SB/44 Certificate of Correction	Form	Modified	Available
Form PTOL-85B Issue Fee Transmittal (EFS-Web)	Form	Modified	Available
Form PTOL-85B Issue Fee Transmittal	Form	Modified	Available
Form PTO/SB/58 Request for Inter Partes Reexamination Transmittal Form	Form	Removed	Repair queued
Form PTO/SB/57 Request for Ex Parte Reexamination Transmittal Form	Form	Removed	Repair queued
Form PTO/SB/56 Reissue Application Fee Transmittal Form	Form	Modified	Available
Form PTO/SB/53 Reissue Application: Consent of Assignee; Statement of Non-Assignment	Form	Modified	Available
Form PTO/SB/51S Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	Form	Modified	Available
Form PTO/SB/51 Reissue Application Declaration by the Inventor or the Assignee	Form	Modified	Available
Form PTO/SB/50 Reissue Patent Application Transmittal	Form	Modified	Available
0651-0033-SuppStatement-Jul2010-final.pdf	Supporting Statement A	Uploaded 2010-07-16	Available
0651-USPTO-Information-Quality-Guidelines-Dec2009.pdf	Supplementary Document	Uploaded 2010-05-26	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
37410	Certificate of Correction	Form	Modified
179614	Issue Fee Transmittal (EFS-Web)	Form	Modified
179613	Issue Fee Transmittal	Form	Modified
179612	Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination		Removed
179611	Petition to Review Refusal to Grant Inter Partes Reexamination		Removed
179610	Petition to Review Refusal to Grant Ex Parte Reexamination		Removed
179609	Request for Inter Partes Reexamination Transmittal Form	Form	Removed
179608	Request for Ex Parte Reexamination Transmittal Form	Form	Removed
179607	Reissue Application Fee Transmittal Form	Form	Modified
179606	Reissue Application: Consent of Assignee; Statement of Non-Assignment	Form	Modified
179605	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	Form	Modified
179604	Reissue Application Declaration by the Inventor or the Assignee	Form	Modified
179599	Reissue Patent Application Transmittal	Form	Modified
179598	Reissue Documentation		Modified

ICR Details

OMB Control No: 0651-0033	ICR Reference No: 201005-0651-003
Status: Historical Active	Previous ICR Reference No: 200704-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Allowance and Refiling
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: 08/27/2010
	Date Received in OIRA: 07/20/2010
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2013	36 Months From Approved	08/31/2010
Responses	217,184	0	224,926
Time Burden (Hours)	124,359	0	68,245
Cost Burden (Dollars)	284,915,686	0	273,113,430

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Abstract: The USPTO is required by 35 U.S.C. 131 and 151 to examine applications and issue them as patents when appropriate. The applicant must then pay the required issue fee to receive the patent and avoid abandonment of the application. The USPTO can also correct errors in patents and reissue patents as appropriate. The public uses this information collection to pay fees for issuing patents, to request corrections of errors in issued patents, to apply for reissue patents, and to ensure that the necessary fees and documentation are submitted to the USPTO. This collection previously included information requirements related to patent reexaminations. These items are being removed from this collection and were approved by the Office of Management and Budget (OMB) in February 2010 as a separate new collection, 0651-0064 Patent Reexaminations.

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Authorizing Statute(s): US Code: 35 USC 41 Name of Law: null
   US Code: 35 USC 131 Name of Law: null
   US Code: 35 USC 151 Name of Law: null
   US Code: 35 USC 251-256 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:
	75 FR 6350	02/09/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 41435	07/16/2010
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 9

table that charts list of burden

IC Title	Form No.	Form Name
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	PTO/SB/51S	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)
Request for Inter Partes Reexamination Transmittal Form	PTO/SB/58	Request for Inter Partes Reexamination Transmittal Form
Petition to Review Refusal to Grant Ex Parte Reexamination
Petition to Review Refusal to Grant Inter Partes Reexamination
Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination
Reissue Application Fee Transmittal Form	PTO/SB/56	Reissue Application Fee Transmittal Form
Request for Ex Parte Reexamination Transmittal Form	PTO/SB/57	Request for Ex Parte Reexamination Transmittal Form
Reissue Documentation
Reissue Patent Application Transmittal	PTO/SB/50	Reissue Patent Application Transmittal
Reissue Application Declaration by the Inventor or the Assignee	PTO/SB/51, PTO/SB/52	Reissue Application Declaration by the Inventor ,   Reissue Application Declaration by the Assignee
Issue Fee Transmittal	PTOL-85B	Issue Fee Transmittal
Issue Fee Transmittal (EFS-Web)	PTOL-85B	Issue Fee Transmittal
Certificate of Correction	PTO/SB/44	Certificate of Correction
Reissue Application: Consent of Assignee; Statement of Non-Assignment	PTO/SB/53	Reissue Application: Consent of Assignee; Statement of Non-Assignment

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ICR Summary of Burden

table that charts list 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	217,184	224,926	0	-751	-6,991	0
Annual Time Burden (Hours)	124,359	68,245	0	-1,326	57,440	0
Annual Cost Burden (Dollars)	284,915,686	273,113,430	0	15,078,889	-3,276,633	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: Yes

Burden Reduction Due to: Miscellaneous Actions

Short Statement: The changes in annual responses, burden hours, and annual costs for this ICR are due to both program changes and administrative adjustments. There are decreases in annual responses and burden hours due to deleting items related to patent reexaminations from this collection. There are additional decreases in annual responses due to adjustments to the estimated filings expected for the items in this collection, but an overall increase in the estimated burden hours due to adjustments to the estimated time for the public to submit some of the information in this collection. The increase in annual cost burden for this ICR is primarily due to increased fees for issued patents and reissue applications as well as adjustments to estimated postage and record keeping costs. These increases are partially offset by decreases from deleting items related to patent reexaminations from this collection as well as decreases in estimated annual responses (and their associated costs) for some items in this collection.

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Annual Cost to Federal Government: $450,914

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]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

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: 07/20/2010

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