Fee Deficiency Submissions

ICR 202108-0651-003

OMB: 0651-0070

Federal Form Document

ICR Details
0651-0070 202108-0651-003
Received in OIRA 201809-0651-003
DOC/PTO
Fee Deficiency Submissions
Revision of a currently approved collection   No
Regular 11/23/2021
  Requested Previously Approved
36 Months From Approved 11/30/2021
3,002 2,500
6,004 5,000
248 335

Under section 10(b) of the Leahy-Smith America Invents Act (“Act”) (See Pub. L. 112-29, 125 Stat. 283 (2011)), eligible small entities shall receive a 50 percent fee reduction from the undiscounted fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. The Act further provides that micro entities shall receive a 75 percent fee reduction from the undiscounted fees for filing, searching, examining, issuing, appealing, and maintaining patent applications and patents. This information collection covers the submissions made by patent applicants and patentees to excuse small and micro entity fee payment errors, in accordance with the procedures set forth in 37 CFR 1.28(c) and 1.29(k). Specifically, 37 CFR 1.28(c) provides a procedure by which patent applicants and patentees may be excused for erroneous payments of fees in the small entity amount. 37 CFR 1.29(k) provides a procedure by which patent applicants and patentees may be excused for erroneous payments of fees in the micro entity amount.

PL: Pub.L. 112 - 29 125 Name of Law: Leahy Smith America Invents Act
  
None

Not associated with rulemaking

  86 FR 47478 08/25/2021
86 FR 66537 11/23/2021
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 3,002 2,500 0 0 502 0
Annual Time Burden (Hours) 6,004 5,000 0 0 1,004 0
Annual Cost Burden (Dollars) 248 335 0 0 -87 0
No
No
Change in Responses and Hourly Burden due to Adjustment in Agency Estimate The total number of responses has increased by 502 due to estimated fluctuations in the number of responses/submissions in this information collection. This increase in the number of responses results in an increase of 1,004 hours in the annual time burden estimates. Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $87 from the previous approval. This decrease is due to estimated fluctuations in submissions and a decrease in the number of respondents submitting their information by mail.

$22,996
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.
11/23/2021


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