Justification for Nonmaterial/Nonsubstantive Change for 0651-0031

JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE
United States Patent and Trademark Office
Patent Processing (Updating)
OMB CONTROL NUMBER 0651-0031
(November 2011)

Background
The United States Patent and Trademark Office (USPTO) is submitting this request to update
information collection 0651-0031 Patent Processing (Updating). The USPTO is proposing to
delete six items that have previously been moved into another OMB-approved collection, 06510059 Certain Patent Petitions Requiring a Fee.
The USPTO is required by 35 U.S.C. § 131 et seq. to examine an application for patent and,
when appropriate, issue a patent. Also the USPTO is 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 (“eighteenmonth publication”). Certain situations may arise that require additional information to be
supplied in order for the USPTO to further process the patent or application. The USPTO
administers the statutes through the various sections of the rules of practice in 37 CFR Part 1.
Currently, this collection covers certain petitions that, when submitted to the USPTO by a patent
applicant or owner, are required to be accompanied by the fee set forth in 37 CFR 1.17. These
petitions, along with other related petitions, became part of another OMB-approved collection,
0651-0059 Certain Patent Petitions Requiring a Fee.

Summary of Changes
The USPTO is proposing to make the following changes to this collection, 0651-0031, because
the items are already part of another collection, 0651-0059:
The USPTO is deleting six items from this collection along with all associated burden:
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Petitions for Extension of Time under 37 CFR 1.136(b) (PTO/SB/23)
Petition for Express Abandonment to Avoid Publication under 1.138(c) (PTO/SB/24a)
Petition for Request for Documents in a Form Other Than That Provided by 1.19
Petitions under 37 CFR 1.17(g) include:
Petition to Access an Assignment Record
Petition for Access to an Application
Petition for Expungement and Return of Information
Petition to Suspend Action in an Application
Petitions under 37 CFR 1.17(h) include:
Petition for Accepting Color Drawings or Photographs
Petition for Entry of a Model or Exhibit
Petition to Withdraw an Application from Issue
Petition to Defer Issuance of a Patent
Petition to Make Special under Accelerated Examination Program (PTO/SB/28)

The USPTO is removing the petition fees from this collection because they are already
accounted for in 0651-0059.
The USPTO is removing the postage costs from this collection because they are already
accounted for in 0651-0059.

Changes in Burden
The deletion of the six petitions outlined above, the removal of the petition fees, and the removal
of the postage costs will result in the following burden changes for this information collection:
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Net decrease of 15,104 responses as a program change
Net decrease of 23,777 burden hours as a program change
Net decrease of $2,217,060 in annual (non-hour) costs as a program change

Burden type
Responses
Hours
Annual (non-hour) costs

Currently approved Proposed change
New estimates
2,459,409
(15,104)
2,444,305
2,893,402
(23,777)
2,869,625
$147,592,807
($2,217,060)
$145,375,747

Therefore, this collection would have the following revised total burden:
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2,444,305 responses
2,869,625 hours
$145,375,747 in annual (non-hour) costs

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