Patent Reexaminations and Supplemental Examinations

ICR 201909-0651-013

OMB: 0651-0064

Federal Form Document

Forms and Documents
ICR Details
0651-0064 201909-0651-013
Active 201809-0651-001
DOC/PTO
Patent Reexaminations and Supplemental Examinations
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
11/30/2021 11/30/2021 11/30/2021
1,745 0 1,540
38,086 0 32,963
2,884,393 0 2,747,178

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. Chapter 30 of Title 35 U.S.C. provides that any person at any time may file a request for reexamination by the USPTO of any claim of a patent on the basis of prior art patents or printed publications. Once initiated, the reexamination proceedings under Chapter 30 are substantially ex parte and do not permit input from third parties. The rules outlining ex parte reexaminations are found at 37 CFR 1.510-1.570. 35 U.S.C. 257 permits a patent owner to request supplemental examination of a patent by the USPTO to consider, reconsider, or correct information believed to be relevant to the patent. The rules outlining supplemental examination are found at 37 CFR 1.601-1.625. The Leahy-Smith America Invents Act terminated inter partes reexamination effective September 16, 2012. However, inter partes reexamination proceedings based on inter partes reexamination requests filed before September 16, 2012, continue to be prosecuted. Therefore, this collection continues to include items related to the prosecution of inter partes reexamination proceedings. The rules outlining inter partes reexaminations are found at 37 CFR 1.903-1.931. Thus, the items included in this collection cover (1) requests for ex parte reexamination, (2) requests for supplemental examination, and (3) information that may be submitted by patent owners and third-party requesters in relation to the prosecution of an ex parte or inter partes reexamination proceeding. It should be noted that the Requests for Ex Parte Reexamination and Supplemental Examination are distinct collections from the Request for Ex Parte Reexamination and Supplemental Examination Transmittal Forms, respectively. Whereas the transmittal forms are used by a requester (patent owner or third party) as a checklist to ensure compliance with the requirements of the statutes and rules for ex parte reexaminations and supplemental examinations, the requests themselves represent the substantive analysis undertaken by requesters of ex parte reexamination and supplemental examination. The public uses this information collection to request ex parte reexamination and supplemental examination, to prosecute reexamination proceedings, and to ensure that the associated documentation is submitted to the USPTO.

US Code: 35 USC 301-318 Name of Law: null
   PL: Pub.L. 112 - 29 12 Name of Law: Leahy-Smith America Invents Act
   US Code: 35 USC 257 Name of Law: null
   US Code: 35 USC 132 Name of Law: null
  
None

Not associated with rulemaking

  83 FR 31379 07/05/2018
83 FR 49069 09/28/2018
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 1,745 1,540 0 205 0 0
Annual Time Burden (Hours) 38,086 32,963 0 5,123 0 0
Annual Cost Burden (Dollars) 2,884,393 2,747,178 0 137,215 0 0
Yes
Miscellaneous Actions
No
Burdens are increasing due to the Patent Fee Review. Cost numbers changed, along with some related shifting response numbers.

$67,439
No
    Yes
    Yes
No
No
No
Uncollected
Raul Tamayo 571 272-7728 [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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