Patent Review and Derivation Proceedings

ICR 201909-0651-002

OMB: 0651-0069

Federal Form Document

Forms and Documents
Document
Name
Status
Justification for No Material/Nonsubstantive Change
2019-10-01
Supporting Statement A
2019-01-31
Supplementary Document
2015-09-25
ICR Details
0651-0069 201909-0651-002
Active 201811-0651-001
DOC/PTO
Patent Review and Derivation Proceedings
No material or nonsubstantive change to a currently approved collection   No
Regular
Approved without change 10/29/2019
Retrieve Notice of Action (NOA) 10/08/2019
  Inventory as of this Action Requested Previously Approved
02/28/2022 02/28/2022 02/28/2022
11,994 0 11,994
1,474,449 0 1,474,449
68,095,848 0 54,306,775

The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. §§ 131 and 151 to examine applications and, when appropriate, issue applications as patents. These statutes also provide for consideration of trial reviews of patents, if requested. This collection of information covers the patent review process and related proceedings conducted by the Patent Trial and Appeal Board (“PTAB” or “Board). The Leahy-Smith America Invents Act (“AIA”), which was enacted into law on September 16, 2011, provided for many changes to the procedures of the PTAB. See Pub. L. 112-29, 125 Stat. 284 (2011). These changes include the introduction of inter partes review, post-grant review, derivation proceedings, and the transitional program for covered business method patents. Inter partes review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under §§ 102 or 103, and only on the basis of prior art consisting of patents or printed publications. Post grant review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent on any ground that could be raised under § 282(b)(2) or (3). A derivation proceeding is a trial proceeding conducted at the board to determine whether (1) an inventor named in an earlier application derived the claimed invention from an inventor named in petitioner’s application, and (2) the earlier application claiming such invention was filed without authorization. The transitional program for covered business method patents (TPCBM) is a trial proceeding conducted at the Board for review the patentability of one or more claims in a covered business method patent.

US Code: 35 USC 322 and 323 Name of Law: null
   US Code: 35 USC 327, 327(a), 327(b) Name of Law: null
   PL: Pub.L. 112 - 29 125 Stat. 284 (2011) Name of Law: Leahy-Smith America Invents Act
   US Code: 35 USC 326, 326(a)(10), 326(a)(12) Name of Law: null
   US Code: 35 USC 2(b)(2) Name of Law: null
   US Code: 35 USC 141 and 142 Name of Law: null
   US Code: 35 USC 145 and 146 Name of Law: null
   US Code: 35 USC 312 and 313 Name of Law: null
   US Code: 35 USC 316, 316(a)(10), 316(a)(13) Name of Law: null
   US Code: 35 USC 317, 317(a), and 317(b) Name of Law: null
   US Code: 35 USC 135, 135(b), 135(e), 135(f) Name of Law: null
  
None

Not associated with rulemaking

  83 FR 45104 09/05/2018
83 FR 58761 11/21/2018
No

  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 11,994 11,994 0 0 0 0
Annual Time Burden (Hours) 1,474,449 1,474,449 0 0 0 0
Annual Cost Burden (Dollars) 68,095,848 54,306,775 0 13,789,073 0 0
No
No

$46,655,035
No
    Yes
    Yes
No
No
No
Uncollected
Susan Mitchell 571 272-8715 [email protected]

  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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
10/08/2019


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