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.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
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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)