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.
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.
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.
EFS-Web Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal