OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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0
0
0
0
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0
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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. Currently, the provisions of 35 U.S.C. 301 and 37 CFR 1.501 govern the ability of a person to cite to the USPTO in writing prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a patent. On September 16, 2011, the Leahy-Smith America Invents Act was enacted into law. Section 6(g) of the Leahy-Smith America Invents Act amends 35 U.S.C 301 to expand the information that can be submitted in the file of an issued patent by including written statements made by a patent owner before a Federal court or the USPTO regarding the scope of any claim of the patent. This provision is effective on September 16, 2012 and the USPTO accordingly published a notice of proposed rulemaking titled "Changes to Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act (RIN 0651-AC66) in the Federal Register to implement it. In support of the proposed rulemaking, the USPTO is submitting this new information collection, Post Patent Public Submissions, and requesting that the item "Information Disclosure Citation in a Patent" (PTO/SB/42) be transferred out of the 0651-0031 Patent Processing (Updating) approved inventory and into this new collection.
The USPTO is submitting this new information collection request in support of a notice of proposed rulemaking titled "Changes to Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act" (RIN 0651-0066). This rule proposes a new requirement resulting from the Leahy-Smith America Invents Act (i.e., the submission of patent ownership statements) and is the sole means of accomplishing the purpose of the statute. The USPTO estimates that this new collection will add 1,000 responses, 10,000 burden hours, and $347 in annual (non-hour) postage costs to the USPTO's current information collection inventory 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.
Form PTO/SB/42 Information Disclosure Citation in a Patent
00xx Post Patent Public Submissions AIA-SupStmt Jan2012.pdf
Information Disclosure Citation in a Patent