In the interest of national security, patent laws and rules place certain limitations on the disclosure of information contained in patents and patent applications and on the filing of applications in foreign countries. In particular, whenever the publication or disclosure of an invention by the publication of an application or by the granting of a patent is, in the opinion of the head of an interested Government agency, determined to be detrimental to national security, the Commissioner for Patents of the USPTO must issue a secrecy order and withhold the publication of a patent application and the grant of a patent for such period as the national interest requires. The USPTO collects information to determine whether the patent laws and rules have been compiled with and to grant or revoke licenses to file abroad when appropriate. This collection is required by 35 U.S.C. 181-188 and administered through 37 CFR 5.1-5.33. Affected public includes private sector and individuals and households.
Adjustments in the information collection are due to:
⢠Increases in estimated responses. The increases in this information collection are due to estimated annual responses being increased by 1,875 due to increased activity with these types of submissions, which in turn increased the estimated burden hours by 1,190.
⢠Increases in estimated hourly cost burdens. The 2017 renewal of this information collection used an estimated rate of $410 per hour for the cost burdens. For this information collection submission, the USPTO is using updated hourly rates of $438.
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.
0651-0034 Supporting Statement 2020.docx
Information Quality Guidelines _ USPTO 2020.html
Petition for Recission of Secrecy Order