0651-0062 2023 Patent Fee Review CWS 2023

0651-0062 2023 Patent Fee CWS 2023.docx

Third-Party Submissions and Protests

0651-0062 2023 Patent Fee Review CWS 2023

OMB: 0651-0062

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JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

Third-Party Submissions and Protests

OMB Control Number 0651-0062


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 0651-0062 (Third-Party Submissions and Protests) that are affected by the rulemaking RIN 0651-AD66. There is one fee 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

Third-Party Submissions in Non-Issued Applications

$90 (small & micro entity)

$72 (small & micro entity)

-$18 (small & micro entity)


Table 2: Proposed Burden


IC No.


Item

Responses

(a)

Proposed Fee

(b)


Proposed Cost

(a) x (b) = (c)


1

Petition to convert an international design application to a design application under 35 U.S.C. chapter 16

110 (small & micro entity)

$72 (small & micro entity)

$7,920 (small & micro entity)


Totals

110

- - -

$7,920


Table 3: Changes in Cost


IC No.


Items

Current Cost

Proposed Cost

Change in Cost

1

Petition to convert an international design application to a design application under 35 U.S.C. chapter 16

$9,900 (small & micro entity)

$7,920 (small & micro entity)

-$1,980 (small & micro entity)


Totals

$9,900

$7,920

-$1,980


Summary of Changes


The aforementioned legislation results in the revision of one fee and a decrease of $1,980 in annual (non-hourly) costs to collection 0651-0062.


Changes in Burden


Burden Type

Currently Approved

Proposed Change

New Estimate

Non-hourly Cost Burden

$80,613

-$1,980

$78,633


0651-0062’s revised burden is as follows:


  • 880 in annual responses (unchanged)

  • 8,800 in annual hourly burden (unchanged)

  • $78,633 in annual (non-hourly) costs



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File Created2023-07-30

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