Patent Trial and Appeal Board (PTAB) Actions

Forms and Documents

Document Name	Status
0651-0063_FeeRuleCWSSep2013.pdf Justification for No Material/Nonsubstantive Change	2013-09-19
0651-USPTO-InfoQuality-Guidelines-01_07_2013.pdf Supplementary Document	2013-09-18

IC Document Collections

IC ID	Document Title	Status
195030	Appeal Brief (EFS-Web)	Modified
194998	Request for Rehearing Before the BPAI (EFS-Web)	Unchanged
194994	Reply Brief (EFS-Web)	Unchanged
194992	Amendment (EFS-Web)	Unchanged
194991	Amendment	Unchanged
186730	Request for Rehearing Before the BPAI	Unchanged
186708	Reply Brief	Unchanged
186705	Appeal Brief	Modified

ICR Details

OMB Control No: 0651-0063	ICR Reference No: 201309-0651-003
Status: Historical Active	Previous ICR Reference No: 201111-0651-007
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Trial and Appeal Board (PTAB) Actions
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: 10/24/2013
	Date Received in OIRA: 09/26/2013
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2014	01/31/2014	01/31/2014
Responses	35,044	0	35,044
Time Burden (Hours)	896,426	0	896,426
Cost Burden (Dollars)	44,891	0	14,966,431

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Abstract: The Patent Trial and Appeal Board (PTAB) has the authority under 35 U.S.C. Sections 134 and 306 to review ex parte appeals. The United States Patent and Trademark Office (USPTO) is submitting this request to adjust the current inventory fee estimates for this collection. The fees for the appeal briefs are accounted for in 0651-0072, America Invents Act Section 10 Patent Fee Adjustments (approved by OMB in January 2013) Reference Final Rule, "Setting and Adjusting Patent Fees" 78 Fed. Reg. 4212 (Jan 18, 2013) (RIN 0651-AC54), authorized by the Leahy-Smith America Invents Act, Pub. L. 112-29, 125 Stat. 284 (2011). This request only deletes the fee non-hour cost burden for the appeal briefs. This collection was previously titled Board of Patent Appeals and Interferences (BPAI) Actions.

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Authorizing Statute(s): US Code: 35 USC 306 Name of Law: null
   US Code: 35 USC 134 Name of Law: null
   PL: Pub.L. 112 - 29 125 Stat. 284 (2011) Name of Law: Leahy-Smith America Invents Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0651-AC37	Not associated with rulemaking	76 FR 72270	11/22/2011

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 8

IC Title	Form No.	Form Name
Reply Brief (EFS-Web)
Reply Brief
Request for Rehearing Before the BPAI
Amendment
Amendment (EFS-Web)
Appeal Brief (EFS-Web)
Request for Rehearing Before the BPAI (EFS-Web)
Appeal Brief

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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	35,044	35,044	0	0	0	0
Annual Time Burden (Hours)	896,426	896,426	0	0	0	0
Annual Cost Burden (Dollars)	44,891	14,966,431	0	-14,921,540	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: $682,899

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: 09/26/2013

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