Third-Party Submissions and Protests

ICR 202107-0651-006

OMB: 0651-0062

Federal Form Document

ICR Details
0651-0062 202107-0651-006
Received in OIRA 201807-0651-004
DOC/PTO
Third-Party Submissions and Protests
Revision of a currently approved collection   No
Regular 09/14/2021
  Requested Previously Approved
36 Months From Approved 09/30/2021
880 1,450
8,800 14,500
80,613 89,498

The United States Patent and Trademark Office (USPTO) is authorized by the Leahy-Smith America Invents Act P.L. 112-29 and 35 U.S.C. § 131 et seq., to examine an application for patent and, when appropriate, issue a patent. The provisions of 35 U.S.C. §§ 122(c), 122(e), 131, and 151, as well as 37 CFR 1.290 and 1.291, limit the ability of a third-party to have information entered and considered in a patent application or to protest a patent application pending before the Office. 37 CFR 1.290 provides a mechanism for third-parties to submit to the USPTO, for consideration and inclusion in the record of a patent application, any patents, published patent applications, or other patent publications of potential relevance to the examination of the application. A preissuance submission under 37 CFR 1.290 may be made in any nonprovisional utility, design, and plant application, as well as in any continuing application. A preissuance submission under 37 CFR 1.290 must include a concise description of the asserted relevance of each document submitted and must be submitted within a certain statutory specific time period. 37 CFR 1.291 permits a member of the public to file a protest against a pending application. Protests pursuant to 37 CFR 1.921 are supported by a separate statutory provision from third-party submissions under 37 CFR 1.290 (35 U.S.C. 122(c) v. 35 U.S.C. 122(e)). The information collected via third-party submissions under 37 CFR 1.290 and via protests under 37 CFR 1.291 is necessary so that the public may contribute to the quality of issued patents. The USPTO will use this information, as appropriate, during the patent examination process to assist in evaluating the patent application.

PL: Pub.L. 112 - 29 Section 8 Name of Law: Leahy-Smith America Invents Act
  
None

Not associated with rulemaking

  86 FR 22939 04/30/2021
86 FR 51127 09/14/2021
No

  Total Request 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 880 1,450 0 0 -570 0
Annual Time Burden (Hours) 8,800 14,500 0 0 -5,700 0
Annual Cost Burden (Dollars) 80,613 89,498 0 0 -8,885 0
No
No
The requested burden, as outlined in the table above, seeks to modify the existing information collection burden. The requested information collection contains an estimated: • 880 annual responses • 8,800 annual burden hours • $80,613 annual (non-hour) costs Changes in Responses and Burden Hours For this renewal, the USPTO estimates that the annual responses will decrease by 570 (from 1,450 to 880) and the total burden hours will decrease by 5,700 (from 14,500 to 8,800) from the currently approved burden for this information collection. These adjustments are due to updated Agency estimates that forecast declines in public submissions/responses of these items which in turn decreases the annual burden hours. Changes in Annual (Non-hour) Cost For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $8,885 (from $89,498 to $80,613). The decrease in the annual cost burden is a result of the decrease in the annual responses. Additionally, fewer mailing to USPTO result in a reduction in postage costs. However, a slight increase in the fees associated with these submissions/responses and increasing postage rates are more than offset by the overall decline in the number of responses/submissions.

$13,793
No
    Yes
    Yes
No
No
No
No
Parikha Mehta 571 272-3248

  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.
09/14/2021


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