Patent Petitions Related to
Application and Reexamination Processing Fees
Revision of a currently approved collection
No
Regular
01/21/2021
Requested
Previously Approved
36 Months From Approved
01/31/2021
40,922
60,210
72,959
42,195
3,195,134
3,284,094
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 also is 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. 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 Patent Trial and Appeal Board (PTAB);
appeals to PTAB are covered in other OMB approved information
collections (0651-0063 and 0651-0069). For other USPTO actions,
review is in the form of administrative review obtained via
submission of a petition to the USPTO. USPTO petitions practice
also provides an opportunity for a patent applicant or owner to
supply additional information that may be required in order for the
USPTO to further process an application or patent. This information
collection covers petitions filed in patent applications and
reexamination proceedings that, when submitted to the USPTO, must
be accompanied by the fee set forth in 37 CFR 1.17(f), (g), or (h).
This information collection also covers the transmittals for the
petitions fees.
US Code:
35
USC 2(b)(2) Name of Law: America Invents Act of 2011
Changes in responses and burden
hours For this renewal, the USPTO estimates that the annual
responses will decrease by 19,288 (from 60,210 to 40,922) and the
total burden hours will increase by 30,763 (from 42,195 to 72,959)
from the currently approved burden for this information collection.
These changes are due to program changes and agency estimates
resulting in lines of the information collection being merged.
Changes in annual (non-hour) costs For this renewal, the USPTO
estimates that the total annual (non-hour) costs will decrease by
$88,960 (from $3,284,094 to $3,195,134). This decrease is the
result of natural fluctuation in the items being submitted as well
as certain program changes to the fee amounts due to recent fee
adjustments.
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.
Form PTO/SB/24A EFS-Web Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
0651-0059 Supporting Statement 2021.docx
Leahy Smith America Invents Act-pub-l112-29.pdf
Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group III)