Patent Petitions Related to Application and Reexamination Processing Fees

Forms and Documents

Document Name	Status
Form PTO/SB/17p EFS-Web Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal Form	Modified
Form PTO/SB/23 EFS-Web Petition for Extension of Time Under 37 CFR 1.136 (b) Form	Modified
Form PTO/SB/23 Petition for Extension of Time Under 37 CFR 1.136(b) Form	Modified
Form PTO/SB/24A EFS-Web Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Form	Modified
Form PTO/SB/24A Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Form	Modified
Form PTO/SB/28 Petitions to Make Special under Accelerated Examination Program (EFS-Web only) Form and Instruction	Modified
Form PTO/SB/140 EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(h) Form and Instruction	Modified
Form PTO/SB/17p Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal Form	Modified
0651-0059 Supporting Statement September 2017.docx Supporting Statement A	2017-09-29
0651-USPTO-Info-Quality-Guidelines_01-08-2014.pdf Supplementary Document	2016-01-29

IC Document Collections

IC ID	Document Title	Status
219749	Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group III)	Modified
219748	Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group II)	Modified
219747	Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group I)	Modified
197827	EFS-Web Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal Form	Modified
197826	EFS-Web Petition for Extension of Time Under 37 CFR 1.136 (b) Form	Modified
197825	Petition for Extension of Time Under 37 CFR 1.136(b) Form	Modified
197824	EFS-Web Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Form	Modified
197823	Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Form	Modified
197822	Petitions to Make Special under Accelerated Examination Program (EFS-Web only) Form and Instruction	Modified
197818	EFS-Web Petitions for Requests for Documents in a Form Other Than That Provided by 37 CFR 1.19	Modified
197817	Petitions for Requests for Documents in a Form Other Than That Provided by 37 CFR 1.19	Modified
197816	EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(h) Form and Instruction	Modified
197780	Petitions (corresponding to the fee) under 37 CFR 1.17(h) (accepting color drawings or photographs, entry of a model or exhibit, withdraw an application from issue, defer issuance of a patent)	Modified
197778	EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(g)	Modified
197776	Petitions (corresponding to the fee) under 37 CFR 1.17(g) (access assignment record, access application, expungement and return of information, and to suspend action in an application)	Modified
197775	EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(f)	Modified
184454	Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal Form	Modified
184453	Petitions (corresponding to the fee) under 37 CFR 1.17(f) (accord filing dates under 1.57(a) and 1.153(d), decisions on questions not provided for, suspend rules)	Modified

ICR Details

OMB Control No: 0651-0059	ICR Reference No: 201709-0651-002
Status: Historical Active	Previous ICR Reference No: 201601-0651-019
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Petitions Related to Application and Reexamination Processing Fees
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: 11/07/2017
	Date Received in OIRA: 09/29/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2020	36 Months From Approved	11/30/2017
Responses	60,210	0	56,183
Time Burden (Hours)	42,195	0	76,330
Cost Burden (Dollars)	3,147,594	0	4,035,506

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Abstract: 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. The USPTO is also required to publish patent applications, with certain exceptions, promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under Title 35, United States Code ("eighteen-month publication"). Many actions taken by the USPTO during its examination of an application for patent or for reissue of a patent, or during its reexamination of a patent, are subject to review by an appeal to the Board of Patent Appeals and Interferences. For other USPTO actions, review is in the form of administrative review obtained via a petition. These petitions also allow patent applicants or owners an opportunity to supply additional required information. The fees for the requirements in this collection have been moved into 0651-0072 America Invents Act Section 10 Patent Fee Adjustments (approved by OMB in January 2013). The USPTO is submitting this request to remove the fees from this collection to avoid double-counting them. This request only removes the affected fees from the annual (non-hour) cost burden. The items and other burden information remain in 0651-0059. The collection's name has been changed from "Patent Petitions formerly requiring a fee" to the new name which denotes the specific types of fees that these petitions relate to.

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Authorizing Statute(s): US Code: 35 USC 122(b) Name of Law: null
   US Code: 35 USC 41(a)(8) Name of Law: null
   US Code: 35 USC 131 Name of Law: null
   US Code: 35 USC 2(b)(2) Name of Law: null
   US Code: 35 USC 132 Name of Law: null
  

Citations for New Statutory Requirements: None

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

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 34506	07/25/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 45581	09/29/2017
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 18

IC Title	Form No.	Form Name
EFS-Web Petitions for Requests for Documents in a Form Other Than That Provided by 37 CFR 1.19
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(g)
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(h)	PTO/SB/140	Petition to Withdraw An Application From Issue After Payment of the Issue Fee Under 37 CFR 1.313(c)
Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group III)
Petitions (corresponding to the fee) under 37 CFR 1.17(h) (accepting color drawings or photographs, entry of a model or exhibit, withdraw an application from issue, defer issuance of a patent)
Petitions for Requests for Documents in a Form Other Than That Provided by 37 CFR 1.19
EFS-Web Petitions (corresponding to the fee) under 37 CFR 1.17(f)
Petition for Extension of Time Under 37 CFR 1.136(b)	PTO/SB/23	Petition for Extension of Time Under 37 CFR 1.136(b)
Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group I)
Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group II)
EFS-Web Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)	PTO/SB/24A	Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)	PTO/SB/24A	Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
Petitions (corresponding to the fee) under 37 CFR 1.17(g) (access assignment record, access application, expungement and return of information, and to suspend action in an application)
Petitions (corresponding to the fee) under 37 CFR 1.17(f) (accord filing dates under 1.57(a) and 1.153(d), decisions on questions not provided for, suspend rules)
Petition Fee under 37 CFR 1.17(f), (g), and (h) Transmittal	PTO/SB/17p	Petition Fee Under 37 CFR 1.17(f), (g) & (h) Transmittal
EFS-Web Petition Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal	PTO/SB/17p	Petition Fee Under 37 CFR 1.17(f), (g) & (h) Transmittal
Petitions to Make Special under Accelerated Examination Program (EFS-Web only)	PTO/SB/28	Petition to Make Special Under Accelerated Examination Program
EFS-Web Petition for Extension of Time Under 37 CFR 1.136 (b)	PTO/SB/23	Petition for Extension of Time Under 37 CFR 1.136(b)

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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	60,210	56,183	0	0	4,027	0
Annual Time Burden (Hours)	42,195	76,330	0	0	-34,135	0
Annual Cost Burden (Dollars)	3,147,594	4,035,506	0	0	-887,912	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: $114,057

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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: 09/29/2017

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