Secrecy and License to Export

Forms and Documents

Document Name	Status
0651-USPTO-InfoQuality-Guidelines-01_07_2013.pdf Supplementary Document	2013-11-14
0651-0034_SupStmt_2013.pdf Supporting Statement A	2013-09-25

IC Document Collections

IC ID	Document Title	Status
4737	Petition for Recission of Secrecy Order	Modified
180066	Petition for Retroactive License	Modified
180064	Petition for Changing Scope of License	Modified
180061	Petition for Expedited Handling of License (corresponding U.S. application)	Modified
180057	Petition for Expedited Handling of License (no corresponding application)	Modified
180056	Petition for General and Group Permits	Modified
180055	Petition to Disclose or Modification of Secrecy Order	Modified

ICR Details

OMB Control No: 0651-0034	ICR Reference No: 201308-0651-003
Status: Historical Active	Previous ICR Reference No: 201007-0651-003
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Secrecy and License to Export
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/04/2013
	Date Received in OIRA: 09/26/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2016	36 Months From Approved	12/31/2013
Responses	2,294	0	1,794
Time Burden (Hours)	1,431	0	1,538
Cost Burden (Dollars)	131	0	356,879

---

Abstract: In the interest of national security, patent laws and rules place certain limitations on the disclosure of information contained in patents and patent applications and on the filing of applications in foreign countries. In particular, whenever the publication or disclosure of an invention by the publication of an application or by the granting of a patent is, in the opinion of the head of an interested Government agency, determined to be detrimental to national security, the Commissioner for Patents of the USPTO must issue a secrecy order and withhold the publication of a patent application and the grant of a patent for such period as the national interest requires. The USPTO collects information to determine whether the patent laws and rules have been compiled with and to grant or revoke licenses to file abroad when appropriate. This collection is required by 35 U.S.C. 181-188 and administered through 37 CFR 5.1-5.33. Affected public includes businesses or other for-profits, and other for-profit institutions.

---

Authorizing Statute(s): US Code: 35 USC 181 through 188 Name of Law: null
  

Citations for New Statutory Requirements: None

---

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

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 23916	04/23/2013
30-day Notice:	Federal Register Citation:	Citation Date:
	78 FR 59007	09/25/2013
Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Petition for Changing Scope of License
Petition for General and Group Permits
Petition for Expedited Handling of License (no corresponding application)
Petition for Expedited Handling of License (corresponding U.S. application)
Petition for Recission of Secrecy Order
Petition to Disclose or Modification of Secrecy Order
Petition for Retroactive License

---

ICR Summary 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	2,294	1,794	0	0	500	0
Annual Time Burden (Hours)	1,431	1,538	0	0	-107	0
Annual Cost Burden (Dollars)	131	356,879	0	-356,782	34	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: Filing fees are now covered under OMB control number 0651-0072 America Invents Act Section 10 Patent Fee Adjustments, which was approved by OMB in January 2013. The filing fees are now being removed from the burden calculations in this collection to avoid double-counting.

---

Annual Cost to Federal Government: $79,872

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

---

Common Form ICR:  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:

(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: 09/26/2013

---