0651-0059 Fee CWS 02 2023

0651-0059 2023 Patent Fee CWS 2023.docx

Patent Petitions Related to Application and Reexamination Processing Fees

0651-0059 Fee CWS 02 2023

OMB: 0651-0059

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JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

Patent Petitions Related to Application and Reexamination Processing Fees

OMB Control Number 0651-0059


Background


The United States Patent and Trademark Office (USPTO) administers the Leahy-Smith America Invents Act (AIA), which sets or adjusts patent fees established, authorized, or charged under Title 35, United States Code (U.S.C.). Section 10 prescribes that fees may be set or adjusted only to recover the aggregate estimated costs to the Office for processing, activities, services, and materials related to the patent and trademark processes. Section 10 authorities also includes flexibility to set individual fees in a way that furthers key policies factors, while factoring in the cost of the respective services.


This request is to update the fees for small and micro entities attached to collection 0651-0059 (Patent Petitions Related to Application and Reexamination Processing Fees) that are affected by the rulemaking RIN 0651-AD66. There are six fees in this collection being reduced as a result of the Unleashing American Innovators Act of 2022.


Table 1: Increases in Fee Amount


IC No.


Item

Current Fee

New Fee

Changes in Fee Amount

1

Petitions requiring the petition fee set forth in 37 CFR 1.17 (f) (Group I)

$210 (small entity)

$105 (micro entity)

$168 (small entity)

$84 (micro entity)

-$42 (small entity)

-$21 (micro entity)

2

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

$110 (small entity)

$55 (micro entity)

$88 (small entity)

$44 (micro entity)

-$22 (small entity)

-$11 (micro entity)

3

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

$70 (small entity)

$35 (micro entity)

$56 (small entity)

$28 (micro entity)

-$14 (small entity)

-$7 (micro entity)


Table 2: Proposed Burden


IC No.


Item

Responses

(a)

Proposed Fee

(b)


Proposed Cost

(a) x (b) = (c)


1

Petitions requiring the petition fee set forth in 37 CFR 1.17 (f) (Group I)

840 (small entity)

208 (micro entity)

$168 (small entity)

$84 (micro entity)

$141,120 (small entity)

$17,472 (micro entity)

2

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

515 (small entity)

62 (micro entity)

$88 (small entity)

$44 (micro entity)

$45,320 (small entity)

$2,728 (micro entity)

3

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

3,777 (small entity)

214 (micro entity)

$56 (small entity)

$28 (micro entity)

$211,512 (small entity)

$5,992 (micro entity)


Totals

5,616

- - -

$424,144





Table 3: Changes in Cost


IC No.


Items

Current Cost

Proposed Cost

Change in Cost

1

Petitions requiring the petition fee set forth in 37 CFR 1.17 (f) (Group I)

$176,400 (small entity)

$21,840 (micro entity)

$141,120 (small entity)

$17,472 (micro entity)

-$35,280 (small entity)

-$4,368 (micro entity)

2

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

$56,650 (small entity)

$3,410 (micro entity)

$45,320 (small entity)

$2,728 (micro entity)

-$11,330 (small entity)

-$682 (micro entity)

3

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

$264,390 (small entity)

$7,490 (micro entity)

$211,512 (small entity)

$5,992 (micro entity)

-$52,878 (small entity)

-$1,498 (micro entity)


Totals

$530,180

$424,144

-$106,036


Summary of Changes


The aforementioned legislation results in the revision of six fees and a decrease of $106,036 in annual (non-hourly) costs to collection 0651-0059.


Changes in Burden


Burden Type

Currently Approved

Proposed Change

New Estimate

Non-hourly Cost Burden

$3,195,134

-$106,036

$3,089,098


0651-0059’s revised burden is as follows:


  • 40,922 in annual responses (unchanged)

  • 72,959 in annual hourly burden (unchanged)

  • $3,089,098 in annual (non-hourly) costs



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