The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, allow applications and issue them as patents. When an application for a patent is allowed by the USPTO, the USPTO issues a notice of allowance and the applicant must pay the specified issue fee (including the publication fee, if applicable) within three months to avoid abandonment of the application.
This collection of information also encompasses several actions that may be taken after issuance of a patent, pursuant to Chapter 25 of Title 35 U.S.C. A certificate of correction may be requested to correct an error or errors in the patent. For an original patent that is believed to be wholly or partly inoperative or invalid, the assignee(s) or inventor(s) may apply for reissue of the patent, which entails several formal requirements, including provision of an oath or declaration specifically identifying at least one error being relied upon as the basis for reissue and stating the reason for the belief that the original patent is wholly or partly inoperative or invalid (e.g., a defective specification or drawing, or claiming more or less than the patentee had the right to claim in the patent).
The public uses this information collection to request corrections of errors in issued patents, to submit applications for reissue patents, and to submit issue fee payments.
US Code:
35 USC 131
Name of Law: LEAHYâSMITH AMERICA INVENTS ACT
US Code:
35 USC 115
Name of Law: LEAHY-SMITH AMERICA INVENTS TECHNICAL CORRECTIONS
US Code:
35 USC 151
Name of Law: HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
US Code:
35 USC 251-256
Name of Law: LEAHYâSMITH AMERICA INVENTS ACT
US Code:
35 USC 41
Name of Law: HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
Estimated Annual Responses and Hourly Burdens due to Adjustment in Agency Estimate
The increase in the number of responses (+34,152) and burden hours (+42,134) is due to the estimated normal fluctuation in the number of responses for the items in this information collection. The USPTO continues to see an increasing number of respondents using options in this information collection when filing patent applications. This increase of 9% is similar to previous increases (7%: 2020).
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 items. USPTO increased its fees since the last renewal, as part of Final Rule 0651-AD31. These fee changes result in $58,250,770 being added to the information collection. This accounts for the previously approved 331,434 respondents, and the increase in respondents, paying slightly increased fees. (The USPTO is currently at work implementing a fee reduction that will place in FY2023 that will offset some of this fee increase.)
Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate
The USPTO estimates an increase (+5,748,535) for the total annual (non-hour) costs due to increases in the number of respondents paying filing fees. This increase of (2%) is reflective of the increased use of the patent filling options.
While USPTO increased its estimates for postage costs to reflect more accurate respondent burden the overall number of respondents mailing items resulted in a postage cost decrease of -$236,656.
When the postage costs and respondent volume related costs are combined there is overall increase, in agency adjustment, for renewal of $5,511,879.
$2,575,342
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.
Certificate of Correction (Private Sector)