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.
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The Leahy-Smith America Invents Act, which was enacted into law on September 16, 2011, provides for many changes to the current Board of Patent Appeals and Interference procedures (Pub. L. 112-29, 125 Stat.284 (2011)). One such change is to rename the Board of Patent Appeals and Interferences to the Patent Trial and Appeal Board (Board)(effective September 16, 2012). Other changes include the introduction of inter partes review, post-grant review, derivation proceedings, and the transitional program for covered business method patents. In order to implement the provisions of the Leahy-Smith America Invents Act that provide for trials to be conducted by the Board, the United States Patent and Trademark Office (USPTO)is publishing six notices of proposed rulemaking: RINs 0651-AC70, AC71, AC72, AC73, AC74, and AC75. The USPTO is submitting this new information collection in support of these proposed rulemakings. Requirements in common for the new trial proceedings are proposed in RIN 0651-AC70, thus most of the information collection requirements are based on requirements in that notice. RIN 0651-AC71 through 0651-AC75 provide details of certain proceeding specific aspects of those requirements. RIN 0651-AC74 adds arbitration and related requirements to this information collection as the LSAIA's arbitration provisions were limited to derivation proceedings.
The USPTO is submitting this new information collection request in support of six notices of proposed rulemaking outlining changes in the rules of practice in proceedings before the Patent Trial and Appeal Board and proposing new procedures. These notices of proposed rulemaking (RINs 0651-AC70, AC71, AC72, AC73, AC74, and AC75) implement provisions provided for by the Leahy-Smith America Invents Act. The USPTO estimates that these proposed rules will add 4,967 responses and 559,648 burden hours per year to the USPTO's information collection inventory. In addition, the USPTO also estimates that these proposed rules will add a total of $18,851,073 in annualized (non-hour) costs per year for filing fees and postage to the USPTO's information collection inventory.
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.
0651-00xx Patent Review and Derivation Proceedings-SupStmt-Jan 21 2012.pdf
Notice of Judicial Review of a Board Decision (e.g., Notice of Appeal Under 35 U.S.C. 142)