Post Patent Public Submissions

ICR 201208-0651-003

OMB: 0651-0067

Federal Form Document

IC Document Collections
ICR Details
0651-0067 201208-0651-003
Historical Active 201206-0651-008
DOC/PTO
Post Patent Public Submissions
New collection (Request for a new OMB Control Number)   No
Regular
Approved without change 08/06/2012
Retrieve Notice of Action (NOA) 08/06/2012
Pre-approval contingent upon no substantive changes to this collection after adoption of the final rule. Otherwise this collection should be re-submitted to OMB for review.
  Inventory as of this Action Requested Previously Approved
07/31/2015 36 Months From Approved
1,000 0 0
10,000 0 0
347 0 0

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. The Leahy-Smith America Invents Act was enacted into law on September 16, 2011. See Pub. L. 112-29, 125 Stat. 284 (2011). Section 6(g) of the Leahy-Smith America Invents Act amends 35 U.S.C. 301 to expand the information that may be submitted in the file of an issued patent to include written statements of a patent owner filed in a proceeding before a Federal court or the USPTO in which the patent owner took a position on the scope of any claim of the patent. Section 6(g) of the Leahy-Smith America Invents Act is effective on September 16, 2012. The USPTO published a final rule titled "Changes to Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act" (RIN 0651-AC66) in the Federal Register. In the notice, the USPTO rewrites 37 CFR 1.501 to implement the amendment to 35 U.S.C. 301 by section 6(g)(1) of the Leahy-Smith America Invents Act. For example, new 35 U.S.C. 301(a)(2) provides for any person to submit in the patent file written "statements of the patent owner filed in a proceeding before a Federal court or the [USPTO] in which the patent owner took a position on the scope of any claim of a particular patent." Section 1.501, implementing 35 U.S.C. 301(a)(2), provides that a submission may include prior art and written patent owner claim scope statements. In light of the final rule, the USPTO is submitting this new information collection, Post Patent Public Submissions. The item associated with this collection, "Information Disclosure Citation in a Patent" (PTO/SB/42), is currently in the 0651-0031 Patent Processing (Updating) approved inventory and will be deleted from that collection when this one is approved. The information in this collection can be submitted electronically through EFS-Web, the USPTO's web-based electronic filing system, as well as on paper. The USPTO is therefore accounting for both electronic and paper submissions in this collection.

US Code: 35 USC 301 Name of Law: null
   PL: Pub.L. 112 - 29 6(g) Name of Law: Leahy-Smith America Invents Act
  
PL: Pub.L. 112 - 29 6(g) Name of Law: Leahy-Smith America Invents Act

0651-AC66 Final or interim final rulemaking 77 FR 46615 08/06/2012

No

  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 1,000 0 400 1,830 -1,230 0
Annual Time Burden (Hours) 10,000 0 4,000 3,660 2,340 0
Annual Cost Burden (Dollars) 347 0 0 1,061 -714 0
Yes
Miscellaneous Actions
No
The Information Disclosure Citation in a Patent (PTO/SB/42) is currently in the 0651-0031 approved inventory and is being moved into this new collection. This item is currently approved with 1,830 estimated responses and 3,660 burden hours, with an estimated time per response of 2 hours and associated annual (non-hour) cost burden of $1,061 from postage costs. This current burden is being moved into this collection as a program change due to agency discretion. Based on the most recent available data, the USPTO estimates that it receives approximately 600 Information Disclosure Citations per year with a revised estimated time per response of 10 hours, for a total of 6,000 burden hours. These administrative adjustments are due to non-rule factors. For this final rule submission, the USPTO estimates that it will receive 1,000 responses per year, which is an increase of 400 responses and 4,000 burden hours per year as a program change due to statute as implemented by this final rule. For this final rule submission, the USPTO estimates that the total postage cost for this collection will be $347. Although the estimated responses are increasing by 400 from the rule impact, the USPTO expects a large decrease in the number of submissions by mail due to increased electronic filing, resulting in a net decrease of $714 in annual (non-hour) cost burden from postage costs for this collection as an administrative adjustment due to non-rule factors.

$13,145
No
No
No
No
No
Uncollected
Raul Tamayo 5712727728 [email protected]

  No

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.
07/16/2012


© 2024 OMB.report | Privacy Policy