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.
Petitions requiring the petition fee set forth in 37 CFR 1.17(g) (Group III)