In the interest of national security, patent laws and rules place certain limitations on the disclosure of information contained in patents and patent applications and on the filing of applications in foreign countries. In particular, whenever the publication or disclosure of an invention by the publication of an application or by the granting of a patent is, in the opinion of the head of an interested Government agency, determined to be detrimental to national security, the Commissioner for Patents of the USPTO must issue a secrecy order and withhold the publication of a patent application and the grant of a patent for such period as the national interest requires. The USPTO collects information to determine whether the patent laws and rules have been compiled with and to grant or revoke licenses to file abroad when appropriate. This collection is required by 35 U.S.C. 181-188 and administered through 37 CFR 5.1-5.33. Affected public includes private sector and individuals and households.
Estimated Annual Responses and Hourly Burdens due to Adjustment in Agency Estimate
The increase in the number of responses (+3,090) and burden hours (+1,705) to the estimated normal fluctuation in the number of responses for the items remaining in this information collection. This increase is reflective of the increased use of patent filling options.
Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate
The USPTO estimates an increase (+$658,209) for the total annual (non-hour) costs due to increases in the number of respondents paying filing fees, and postage costs. Likewise, USPTO increased postage costs to reflect more accurate respondent burden. These increases reflect the increased use of patent filing options.
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.
Leahy Smith America Invents Act-pub-l112-29.pdf
0651-0034 Supporting Statement Final.docx
Petition for Recission of Secrecy Order