Petition to Restore the Right of Priority under 37 CFR 1.55(c) Or Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b)
Petition to Restore the Right of Priority under 37 CFR 1.55(c) Or Petition to Restore the Benefit of a Prior-Filed Provision Application under 37 CFR 1.78(b)
The Patent Law Treaties Implementation Act of 2012 (PLTIA) amends the patent laws to implement the provisions of the Patent Law Treaty (PLT) in title II. The PLT harmonizes and streamlines formal procedures pertaining to the filing and processing of patent applications. As covered in the final rule titled "Changes to Implement the Patent Law Treaty" (RIN 0651-AC85), the USPTO adopted the rules of practice for consistency with the PLT and title II of the PLTIA. The information in this collection relates to the petitions for restoration that may be filed in accordance with the revised rules. The information in this collection can be submitted electronically through EFS-Web, the UPSTO's Web-based electronic filing system, as well as on paper.
US Code:
35 USC 110-119
Name of Law: Patent Law Treaties Implementation Act of 2012
Estimated Annual Responses and Hourly Burdens due to Adjustment in Agency Estimate
The increase in the number of responses (+150) and burden hours (+150) is due to the estimated normal fluctuation in the number of responses for the items remaining in this information collection. The American Invents Act introduced these filing options in 2012. Patent fillers have increased their usage of these petitions as the word has spread about the effectiveness of these options. In response, USPTO created dedicated forms for these petitions in 2022; an action expected to further increase use of these items. The USPTO continues to increase its estimated number of respondents to account for this trend.
Change in Annual (Non-hour) Costs due to Program Change due to Agency Discretion
As part of this renewal, USPTO is also updating the fee associated with these petitions. That fee change results in $69,750 being added to the information collection.
Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate
The USPTO estimates an increase (+$265,000) for the total annual (non-hour) costs due to increases in the number of respondents who are filling petitions and paying the associated costs for those items. Likewise, USPTO increased its estimates for postage costs to reflect more accurate respondent burden which adds (+$20).
$7,572
No
Yes
Yes
No
No
No
No
Parikha Mehta 571 272-3248
Reginfo record details
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.
Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.178(a)(1)(ii)