0651-0059 CWS Feb 2014

JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE
Certain Patent Petitions Requiring a Fee
OMB Control Number 0651-0059
(February 25, 2014)
Background
The United States Patent and Trademark Office (USPTO) is submitting this request to update
the current inventory estimates for information collection 0651-0059 Certain Patent Petitions
Requiring a Fee. The fees in 0651-0059 were moved into collection 0651-0072 America Invents
Act Section 10 Patent Fee Adjustments (approved by OMB in January 2013). This request is to
remove these fees from collection 0651-0059 to avoid double-counting.
This request is only to remove the affected fees from the annual (non-hour) cost burden; no
other information would be adjusted. The items and other burden information would remain in
0651-0059. The table below details the fees that have been moved to 0651-0072 and are to be
removed from 0651-0059:
Fees for Respondents – Annual (Non-hour) Cost Burden
Fee
Code

Item

Responses
(a)

Fee or
Surcharge
(b)

1462

Petitions (corresponding to the fee) Under 37 CFR 1.17(f)
include:

Total Non-hour
Cost Burden
(c)
(a) x (b)

400

$400.00

$160,000.00

3,200

$400.00

$1,280,000.00

400

$200.00

$80,000.00

 Petition to Accord a Filing Date Under 1.57(a)
 Petition to Accord a Filing Date Under 1.53(e)
 Petition for a Decision on a Question Not Specifically
Provided for
 Petition to Suspend the Rules
1462

EFS-Web Petitions (corresponding to the fee) Under 37 CFR
1.17(f)

1463

Petitions (corresponding to the fee) Under 37 CFR 1.17(g)
include:
 Petition to Access an Assignment Record
 Petition to Access an Application
 Petition for Expungement and Return of Information
 Petition to Suspend Action in an Application

1463

EFS-Web Petitions (corresponding to the fee) Under 37 CFR
1.17(g)

3,500

$200.00

$700,000.00

1464

Petitions (corresponding to the fee) Under 37 CFR 1.17(h)
include:

1,100

$130.00

$143,000.00

10,300

$130.00

$1,339,000.00

 Petition for Accepting Color Drawings or Photographs
 Petition for Entry of a Model or Exhibit
 Petition to Withdraw an Application from Issue
(PTO/SB/140)
 Petition to Defer Issuance of a Patent
1464

EFS-Web Petitions (corresponding to the fee) Under 37 CFR
1.17(h)

1464

Petitions for Requests for Documents in a Form Other than that
Provided by 37 CFR 1.19

5

$130.00

$650.00

1464

EFS-Web Petitions for Requests for Documents in a Form
Other than that Provided by 37 CFR 1.19

50

$130.00

$6,500.00

1464

Petitions to Make Special Under Accelerated Examination
Program (EFS-Web only)(PTO/SB/28)

550

$130.00

$71,500.00

1464

Petitions for Express Abandonment to Avoid Publication Under
37 CFR 1.138(c) (PTO/SB/24a)

50

$130.00

$6,500.00

1464

EFS-Web Petitions for Express Abandonment to Avoid
Publication Under 37 CFR 1.138(c)

500

$130.00

$65,000.00

1463

Petition for Extension of Time Under 37 CFR 1.136(b)
(PTO/SB/23)

6

$200.00

$1,200.00

1463

EFS-Web Petition for Extension of Time Under 37 CFR
1.136(b)

54

$200.00

$10,800.00

N/A

Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal
(PTO/SB/17)

1,900

None

$0.00

N/A

EFS-Web Petition Fee Under 37 CFR 1.17(f), (g), and (h)
Transmittal

17,000

None

$0.00

Totals

39,015

......

$3,864,150.00

Summary of Changes
Removal of $3,864,150 in fees from 0651-0059 that are currently accounted for in 0651-0072.
Changes in Burden
Burden Type

Currently Approved

Proposed Change

New Estimates

Responses

39,015

0

39,015

Hours

41,907

0

41,907

$11,275

0

$11,275

Fees

$3,864,150

($3,864,150)

$0

Total Annual (Non-hour) Costs

$3,875,425

($3,864,150)

$11,275

Postage

Removing these fees from 0651-0059 (currently accounted for in 0651-0072) will reduce the
annual (non-hour) cost estimates originally reported for the renewal.
Consequently, this collection takes a net burden reduction of $3,864,150 in annual (nonhour) costs as a program change.
The 0651-0059 revised total burden is as follows:




39,015 responses (no change)
41,907 burden hours (no change)
$11,275 in annual (non-hour) costs

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