Certain Patent Petitions Requiring a Fee (formerly Patent Petitions Corresponding to the Fee Under 37 CFR 1.17(f))

Forms and Documents

Document Name	Status
Form PTO/SB/17p EFS-Web Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal Form	New
Form PTO/SB/23 EFS-Web Petition for Extension of Time Under 37 CFR 1.136 (b) Form	New
Form PTO/SB/23 Petition for Extension of Time Under 37 CFR 1.136(b) Form	New
Form PTO/SB/24A EFS-Web Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Form	New
Form PTO/SB/24A Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Form	New
Form PTO/SB/28 Petitions to Make Special under Accelerated Examination Program (EFS-Web only) Form and Instruction	New
Form PTO/SB/140 EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(h) Form and Instruction	New
Form PTO/SB/17p Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal Form	Modified
0651-0059 SupStmt May 2011.pdf Supporting Statement A	2011-05-31

IC Document Collections

IC ID	Document Title	Status
197827	EFS-Web Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal Form	New
197826	EFS-Web Petition for Extension of Time Under 37 CFR 1.136 (b) Form	New
197825	Petition for Extension of Time Under 37 CFR 1.136(b) Form	New
197824	EFS-Web Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Form	New
197823	Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Form	New
197822	Petitions to Make Special under Accelerated Examination Program (EFS-Web only) Form and Instruction	New
197818	EFS-Web Petitions for Requests for Documents in a Form Other Than That Provided by 37 CFR 1.19	New
197817	Petitions for Requests for Documents in a Form Other Than That Provided by 37 CFR 1.19	New
197816	EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(h) Form and Instruction	New
197780	Petitions (corresponding to the fee) under 37 CFR 1.17(h) (accepting color drawings or photographs, entry of a model or exhibit, withdraw an application from issue, defer issuance of a patent)	New
197778	EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(g)	New
197776	Petitions (corresponding to the fee) under 37 CFR 1.17(g) (access assignment record, access application, expungement and return of information, and to suspend action in an application)	New
197775	EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(f)	New
184454	Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal Form	Modified
184453	Petitions under 37 CFR 1.17(f) (accord filing dates under 1.57(a) and 1.153(d), decisions on questions not provided for, suspend rules)	Modified

ICR Details

OMB Control No: 0651-0059	ICR Reference No: 201105-0651-008
Status: Historical Active	Previous ICR Reference No: 200804-0651-002
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Certain Patent Petitions Requiring a Fee (formerly Patent Petitions Corresponding to the Fee Under 37 CFR 1.17(f))
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: 07/15/2011
	Date Received in OIRA: 05/31/2011
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2014	36 Months From Approved	07/31/2011
Responses	39,015	0	20,600
Time Burden (Hours)	41,907	0	14,584
Cost Burden (Dollars)	3,875,425	0	1,331,948

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Abstract: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. § 131 et seq. to examine an application for patent and, when appropriate, issue a patent. The USPTO is also required to publish patent applications, with certain exceptions, promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under Title 35, United States Code ("eighteen-month publication"). Many actions taken by the USPTO during its examination of an application for patent or for reissue of a patent, or during its reexamination of a patent, are subject to review by an appeal to the Board of Patent Appeals and Interferences. For other USPTO actions, review is in the form of administrative review obtained via a petition. These petitions also allow patent applicants or owners an opportunity to supply additional required information. This collection currently covers the petitions under 37 CFR 1.17(f). For this renewal, the petitions under 37 CFR 1.17 (g) and (h) and certain other petitions requiring a fee under 37 CFR 1.17 are being transferred out of 0651-0031 into this collection.

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Authorizing Statute(s): US Code: 35 USC 132 Name of Law: null
   US Code: 35 USC 2(b)(2) Name of Law: null
   US Code: 35 USC 122(b) Name of Law: null
   US Code: 35 USC 41(a)(8) Name of Law: null
   US Code: 35 USC 131 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:
	76 FR 11430	03/02/2011
30-day Notice:	Federal Register Citation:	Citation Date:
	76 FR 31305	05/31/2011
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 15

IC Title	Form No.	Form Name
EFS-Web Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)	PTO/SB/24A	Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)	PTO/SB/24A	Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
Petitions (corresponding to the fee) under 37 CFR 1.17(g) (access assignment record, access application, expungement and return of information, and to suspend action in an application)
EFS-Web Petitions for Requests for Documents in a Form Other Than That Provided by 37 CFR 1.19
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(g)
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(h)	PTO/SB/140	Petition to Withdraw An Application From Issue After Payment of the Issue Fee Under 37 CFR 1.313(c)
Petitions (corresponding to the fee) under 37 CFR 1.17(h) (accepting color drawings or photographs, entry of a model or exhibit, withdraw an application from issue, defer issuance of a patent)
Petitions for Requests for Documents in a Form Other Than That Provided by 37 CFR 1.19
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(f)
Petition for Extension of Time Under 37 CFR 1.136(b)	PTO/SB/23	Petition for Extension of Time Under 37 CFR 1.136(b)
Petitions under 37 CFR 1.17(f) (accord filing dates under 1.57(a) and 1.153(d), decisions on questions not provided for, suspend rules)
Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal	PTO/SB/17p	Petition Fee Under 37 CFR 1.17(f), (g) & (h) Transmittal
EFS-Web Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal	PTO/SB/17p	Petition Fee Under 37 CFR 1.17(f), (g) & (h) Transmittal
Petitions to Make Special under Accelerated Examination Program (EFS-Web only)	PTO/SB/28	Petition to Make Special Under Accelerated Examination Program
EFS-Web Petition for Extension of Time Under 37 CFR 1.136 (b)	PTO/SB/23	Petition for Extension of Time Under 37 CFR 1.136(b)

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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	39,015	20,600	0	18,415	0	0
Annual Time Burden (Hours)	41,907	14,584	0	27,323	0	0
Annual Cost Burden (Dollars)	3,875,425	1,331,948	0	2,538,095	5,382	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to: Using Information Technology

Short Statement: This information collection is currently approved with 20,6000 responses, 14,584 burden hours, and $1,331,948 in annualized (non-hour) costs. The USPTO estimates that the responses and burden hours will increase by 18,415 responses and 27,323 burden hours per year. The USPTO estimates that 12,832 hours will be reduced from the collection due to the availability of electronic filing; however, this reduction will be offset by an estimated increase of 40,155 hours for the six petitions that are being transfered out of 0651-0031 into this collection. Therefore, the USPTO estimates an overall increase of 27,323 hours due to program changes. The USPTO estimates that the total annual (non-hour) costs will increase by $2,543,477 per year. The USPTO estimates that the option to file electronically will reduce costs by $1,170,614. This reduction, however, will be offset by an increase of $3,708,709 related to the transferred petitions. Therefore, the USPTO estimates that the annual (non-hour) costs will increase by $2,538,095 due to program changes. The USPTO also estimates that $5,382 will be added to the collection as a result of administrative adjustments due to postage rate changes. Therefore, the USPTO estimates that this renewal will have 39,015 responses, 41,907 burden hours, and $3,875,425 in annualized costs.

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Annual Cost to Federal Government: $103,178

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]? No

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: 05/31/2011

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