Post Allowance and Refiling

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form PTO/SB/44 Certificate of Correction	Form	Unchanged	Available
Form PTO/SB/141 Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))	Form	Unchanged	Available
Form PTOL-85B Issue Fee Transmittal (electronic)	Form	Unchanged	Available
Form PTOL-85B Issue Fee Transmittal	Form	Unchanged	Available
Form PTO/SB/56 Reissue Application Fee Transmittal Form	Form	Unchanged	Available
Form PTO/SB/53 Reissue Application: Consent of Assignee; Statement of Non-Assignment	Form	Unchanged	Available
Form PTO/SB/51S Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	Form	Unchanged	Available
Form PTO/SB/51 Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)	Form	Unchanged	Available
Form PTO/SB/50 Reissue Patent Application Transmittal	Form	Unchanged	Available
0651-0033 Supporting Statement July 2016 Draft.docx	Supporting Statement A	Uploaded 2017-12-11	Available
0651-0033 Nov 2017 CWS.docx	Justification for No Material/Nonsubstantive Change	Uploaded 2017-11-09	Available
0651-USPTO-InfoQuality-Guidelines-01_07_2013 (2).pdf	Supplementary Document	Uploaded 2016-10-24	Available
0651-0033 January 2016 Change Worksheet.docx	Justification for No Material/Nonsubstantive Change	Uploaded 2016-01-29	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
37410	Certificate of Correction	Form	Unchanged
200486	Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))	Form	Unchanged
179614	Issue Fee Transmittal (electronic)	Form	Unchanged
179613	Issue Fee Transmittal	Form	Unchanged
179607	Reissue Application Fee Transmittal Form	Form	Unchanged
179606	Reissue Application: Consent of Assignee; Statement of Non-Assignment	Form	Unchanged
179605	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	Form	Unchanged
179604	Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)	Form	Unchanged
179599	Reissue Patent Application Transmittal	Form	Unchanged
179598	Reissue Documentation		Unchanged

ICR Details

OMB Control No: 0651-0033	ICR Reference No: 201712-0651-018
Status: Historical Active	Previous ICR Reference No: 201711-0651-005
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Allowance and Refiling
Type of Information Collection: Reinstatement with change of a previously approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/11/2017
	Date Received in OIRA: 12/11/2017
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	01/31/2020	01/31/2020
Responses	379,600	0	0
Time Burden (Hours)	207,065	0	0
Cost Burden (Dollars)	289,370,613	0	0

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Abstract: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, allow applications and issue them as patents. When an application for a patent is allowed by the USPTO, the USPTO issues a notice of allowance and the applicant must pay the specified issue fee (including the publication fee, if applicable) within three months to avoid abandonment of the application. This collection of information also encompasses several actions that may be taken after issuance of a patent, pursuant to Chapter 25 of Title 35 U.S.C. A certificate of correction may be requested to correct an error or errors in the patent. For an original patent that is believed to be wholly or partly inoperative or invalid, the assignee(s) or inventor(s) may apply for reissue of the patent, which entails several formal requirements, including provision of an oath or declaration specifically identifying at least one error being relied upon as the basis for reissue and stating the reason for the belief that the original patent is wholly or partly inoperative or invalid (e.g., a defective specification or drawing, or claiming more or less than the patentee had the right to claim in the patent). The public uses this information collection to request corrections of errors in issued patents, to submit applications for reissue patents, and to submit issue fee payments.

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Authorizing Statute(s): US Code: 35 USC 41 Name of Law: null
   US Code: 35 USC 131 Name of Law: null
   US Code: 35 USC 115 Name of Law: null
   US Code: 35 USC 151 Name of Law: null
   US Code: 35 USC 251-256 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:
	81 FR 56610	08/22/2016
30-day Notice:	Federal Register Citation:	Citation Date:
	81 FR 74773	10/27/2016
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

table that charts list of burden

IC Title	Form No.	Form Name
Reissue Application: Consent of Assignee; Statement of Non-Assignment	PTO/AIA/53, PTO/SB/53	Reissue Application: Consent of Assignee; Statement of Non-Assignment ,   Reissue Application: Consent of Assignee; Statement of Non-Assignment
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	PTO/SB/51S	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)
Reissue Application Fee Transmittal Form	PTO/SB/56	Reissue Application Fee Transmittal Form
Reissue Documentation
Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))	PTO/SB/141	Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b))
Reissue Patent Application Transmittal	PTO/AIA/50, PTO/SB/50	Reissue Patent Application Transmittal ,   Reissue Patent Application Transmittal
Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)	PTO/AIA/05, PTO/AIA/06, PTO/AIA/07, PTO/SB/51, PTO/SB/52	Reissue Application Declaration by the Inventor ,   Reissue Application Declaration by the Assignee ,   Reissue Application Declaration by the Inventor ,   Reissue Application Declaration by the Assignee ,   Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
Issue Fee Transmittal	PTOL-85B	Issue Fee Transmittal
Issue Fee Transmittal (electronic)	PTOL-85B	Issue Fee Transmittal
Certificate of Correction	PTO/SB/44	Certificate of Correction

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ICR Summary of Burden

table that charts list 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	379,600	0	0	379,600	0	0
Annual Time Burden (Hours)	207,065	0	0	207,065	0	0
Annual Cost Burden (Dollars)	289,370,613	0	0	289,370,613	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This request is to reinstate collection 0651-0033 and also reflects how the annual cost burden has been updated due to the Patent Fee Review process. The final rule of the Patent Fee Review has been attached as a supplementary document.

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Annual Cost to Federal Government: $585,718

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: 12/11/2017

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