The United States Patent and Trademark
Office (USPTO) is submitting this request to update information
collection 0651-0027, Recording Assignments. The USPTO is making
revisions to two existing approved forms in this collection related
to the inventor's oath or declaration: Patent Recordation Form
Cover Sheet (PTO-1595) and Electronic Patent Assignment System
(EPAS). Section 4 of the Leahy-Smith America Invents Act (AIA)
amends 35 U.S.C. § 115 to streamline the requirements for the
inventor's oath or declaration. For example, amended 35 U.S.C. §
115(e) provides for making the statements required under 35 U.S.C.
§ 115(b) and (c) in an assignment of record and specifically
permits an individual who is under an obligation of assignment of
an application to include the required statements in the assignment
executed by the individual, in lieu of filing the statements
separately. The changes to 35 U.S.C. § 115 in the AIA are effective
on September 16, 2012, but apply only to patent applications filed
on or after September 16, 2012. In order to accommodate the revised
procedure, the USPTO is revising Form PTO-1595 and EPAS to allow
the public to indicate that the assignment document serves as an
oath or declaration under 37 CFR 1.63. The proposed revisions of
these forms will not result in a substantive change in the burden
for this collection. The changes will have no effect on the
estimated annual responses or estimated time per response for the
revised forms.
The administrative adjustments
are due to revised estimates for expected annual filings of patent
and trademark recordation requests. The program change is due to
the removal of costs associated with retaining the acknowledgment
receipt for online transactions, which is a suggestion to customers
but not a requirement.
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.