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.
The USPTO is proposing to add one form to this collection, Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (PTO/SB/141). This form is associated with an existing information requirement, Certificate of Correction, that is currently approved under 0651-0033. Customers may use the proposed form PTO/SB/141 as a convenient way to provide the explanation required by the existing Certificate of Correction (PTO/SB/44) in certain instances.
The new form, Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (PTO/SB/141), will be prepared and submitted electronically. Automation of this item will allow the public to complete the form on a computer and then use an interactive button on the form itself to submit the information to the USPTO over the Internet. The electronic form will be convenient for customers while also allowing the USPTO to process the petition more efficiently.
The USPTO is proposing to add one form to this collection, Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (PTO/SB/141). This form is associated with an existing information requirement, Certificate of Correction, that is currently approved under 0651-0033. The USPTO estimates that it will receive 500 responses per year using form PTO/SB/141, and that it will take the public approximately 30 minutes (0.50 hours) to prepare and submit the information for each request. Therefore, this collection takes an increase of 500 responses and 250 burden hours as a program change. There is also a $130 fee associated with submitting form PTO/SB/141. Therefore, this collection takes an increase of $65,000 in annual (non-hour) costs as a program change.
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.
Certificate of Correction