Post Allowance and Refiling

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form PTO/SB/44 Certificate of Correction	Form	Unchanged	Available
Form PTO/SB/141 Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))	Form	Unchanged	Available
Form PTOL-85B Issue Fee Transmittal (EFS-Web)	Form	Unchanged	Available
Form PTOL-85B Issue Fee Transmittal	Form	Unchanged	Available
Form PTO/SB/56 Reissue Application Fee Transmittal Form	Form	Unchanged	Available
Form PTO/SB/53 Reissue Application: Consent of Assignee; Statement of Non-Assignment	Form	Unchanged	Available
Form PTO/SB/51S Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	Form	Unchanged	Available
Form PTO/SB/51 Reissue Application Declaration by the Inventor or the Assignee	Form	Modified	Available
Form PTO/SB/50 Reissue Patent Application Transmittal	Form	Unchanged	Available
0651-0033-SuppStatement-Jul2010-final.pdf	Supporting Statement A	Uploaded 2012-07-11	Available
0651-0033-justchange-July 2012.docx	Justification for No Material/Nonsubstantive Change	Uploaded 2012-07-11	Repair queued
0651-USPTO-Information-Quality-Guidelines-Dec2009.pdf	Supplementary Document	Uploaded 2010-05-26	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
37410	Certificate of Correction	Form	Unchanged
200486	Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))	Form	Unchanged
179614	Issue Fee Transmittal (EFS-Web)	Form	Unchanged
179613	Issue Fee Transmittal	Form	Unchanged
179607	Reissue Application Fee Transmittal Form	Form	Unchanged
179606	Reissue Application: Consent of Assignee; Statement of Non-Assignment	Form	Unchanged
179605	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	Form	Unchanged
179604	Reissue Application Declaration by the Inventor or the Assignee	Form	Modified
179599	Reissue Patent Application Transmittal	Form	Unchanged
179598	Reissue Documentation		Unchanged

ICR Details

OMB Control No: 0651-0033	ICR Reference No: 201207-0651-003
Status: Historical Active	Previous ICR Reference No: 201112-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Allowance and Refiling
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/16/2012
	Date Received in OIRA: 07/11/2012
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2013	08/31/2013	08/31/2013
Responses	217,684	0	217,684
Time Burden (Hours)	124,609	0	124,609
Cost Burden (Dollars)	284,980,686	0	284,980,686

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Abstract: The USPTO is not simply revising pre-existing oath or declaration forms (PTO/SB/51, PTO/SB/52) because the changes to 35 U.S.C. 115 in the AIA do not apply to applications filed prior to September 16, 2012. Thus, the USPTO plans to provide new forms for use with applications filed on or after September 16, 2012, but still continue to make the existing inventor's oath or declaration forms (legacy forms) available until applications filed prior to September 16, 2012, are no longer pending before the USPTO. The forms added to this information collection are as follows: PTO/SB/AIA05 Reissue Application Declaration by the Inventor; PTO/SB/AIA06 Reissue Application Declaration by the Assignee; and PTO/SB/AIA07 Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C 115(d) and 37 CFR 1.64).

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Authorizing Statute(s): US Code: 35 USC 131 Name of Law: null
   US Code: 35 USC 151 Name of Law: null
   US Code: 35 USC 251-256 Name of Law: null
   US Code: 35 USC 41 Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 6350	02/09/2010
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 41435	07/16/2010
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 10

table that charts list of burden

IC Title	Form No.	Form Name
Reissue Application: Consent of Assignee; Statement of Non-Assignment	PTO/SB/53	Reissue Application: Consent of Assignee; Statement of Non-Assignment
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	PTO/SB/51S	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)
Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))	PTO/SB/141	Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))
Reissue Application Fee Transmittal Form	PTO/SB/56	Reissue Application Fee Transmittal Form
Reissue Documentation
Reissue Patent Application Transmittal	PTO/SB/50	Reissue Patent Application Transmittal
Reissue Application Declaration by the Inventor or the Assignee	PTO/SB/51, PTO/SB/52, PTO/SB/AIA05, PTO/SB/AIA06, PTO/SB/AIA07	Reissue Application Declaration by the Inventor ,   Reissue Application Declaration by the Assignee ,   Reissue Application Declaration by the Inventor ,   Reissue Application Declaration by the Assignee ,   Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
Issue Fee Transmittal	PTOL-85B	Issue Fee Transmittal
Issue Fee Transmittal (EFS-Web)	PTOL-85B	Issue Fee Transmittal
Certificate of Correction	PTO/SB/44	Certificate of Correction

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	217,684	217,684	0	0	0	0
Annual Time Burden (Hours)	124,609	124,609	0	0	0	0
Annual Cost Burden (Dollars)	284,980,686	284,980,686	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $450,914

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 07/11/2012

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