SUPPORTING STATEMENT
United States Patent and Trademark Office
Initial Patent Applications
OMB CONTROL NUMBER 0651-0032
2024
A. JUSTIFICATION
Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the information collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.
The United States Patent and Trademark Office (USPTO) is required by Title 35 of the United States Code, including 35 U.S.C. 131, to examine applications for patents. The USPTO administers the patent statutes relating to examination through various rules in Chapter 37 of the Code of Federal Regulations (CFR), such as, for example, 37 CFR 1.16 through 1.84. Each patent applicant must provide sufficient information to allow the USPTO to properly examine the application to determine whether it meets the criteria set forth in the patent statutes and regulations for issuance as a patent. The patent statutes and regulations require that an application for patent include the following information:
A specification containing a description of the invention and at least one claim defining the property right sought by the applicant;
A drawing(s) or photograph(s), where necessary for an understanding of the invention;
An oath or declaration signed by the applicant (under 35 U.S.C. 115(f), the time for filing the oath or declaration is no later than the date on which the issue fee for the patent is paid); and
A filing fee.
Various types of patent applications are covered under this information collection:
Noncontinuing, nonprovisional utility, plant and design applications,
Provisional applications,
Continuation/divisional applications of international applications,
Continued prosecution applications (design), and
Continuation/divisional and continuation-in-part applications of utility, plant, and design applications.
In addition, this information collection covers certain other papers filed by applicants, such as, for example, petitions to accept an unintentionally delayed priority or benefit claim, petitions to accept a filing by other than all of the inventors or a person not the inventor, and petitions requesting that applications filed under 37 CFR 1.495(b) be accorded a receipt date.
Furthermore, this information collection incorporates the lone item in 0651-0073 (Patent Law Treaty): petitions to restore the right of priority to a foreign application under 37 CFR 1.55(c) or the benefit of a prior-filed provisional application under 37 CFR 1.78(b). The petitions are used to extend the 12-month periods set forth in 35 U.S.C. 119(a) and (e) by an additional 2 months where there is an unintentional delay in filing an application claiming priority to a foreign application or the benefit of a provisional application. Once this information collection is renewed, and the petitions are added, 0651-0073 will be discontinued.
A complete listing of the particular items covered under this information collection is provided in the tables below.
Table 1 provides the specific statues and regulations requiring the USPTO to collect the patent application and petition information covered by the information collection:
Table 1: Information Requirements
Item No. |
Requirement
|
Statute |
Regulation |
1-11 |
Specification and claim
|
35 U.S.C. §§ 111 and 112 |
37 CFR 1.51 through 1.53, 1.57 and 1.58, and 1.71 through 1.78 |
1-11 |
Drawings
|
35 U.S.C. § 113 |
37 CFR 1.51 through 1.53, 1.58, and 1.81 through 1.84 |
1-11 |
Declaration
|
35 U.S.C. §§ 25, 115, 117, and 118 |
37 CFR 1.41 through 1.43, 1.45 through 1.48, 1.51 through 1.53, and 1.63 through 1.69 |
1-11 |
Filing Fee
|
35 U.S.C. §§ 41 and 111 |
37 CFR 1.16 and 1.53 |
8 |
Continued Prosecution Application – Design (Request Transmittal and Receipt)
|
35 U.S.C. §§ 111,120, and 121 |
37 CFR 1.53(d) and 1.78 |
12 |
Petition to Accept Unintentionally Delayed Priority or Benefit Claim
|
35 U.S.C. §§ 119, 120, 121, 365, and 386 |
37 CFR 1.55 and 1.78 |
13 |
Petition to be the applicant under 37 CFR 1.46(b) by a person who otherwise shows sufficient proprietary interest in the matter
|
35 U.S.C. §§ 116 through 118 |
37 CFR 1.46(b) |
14 |
Petition under 37 CFR 1.6(g) to Accord National Stage Correspondence Required by 37 CFR 1.495(b) a Receipt Date
|
35 U.S.C. § 371 |
37 CFR 1.6(g) and 1.495(b) |
14 |
Papers Filed Under 37 CFR 1.41(c) or 1.41(a)(2) (pre-AIA) to Supply the Name or Names of the Inventor or Inventors after the Filing Date Without a Cover Sheet as Prescribed by 37 CFR 1.51(c)(1) in a provisional application
|
35 U.S.C. §§ 111(b) and 116 |
37 CFR 1.41(c) or 1.41(a)(2) (pre-AIA) |
14 |
Papers Filed Under 37 CFR 1.48(d) for Correction of Inventorship in a Provisional Application
|
35 U.S.C. §§ 111(b) and 116 |
37 CFR 1.48(d) |
14 |
Papers Filed Under 37 CFR 1.53(c)(2) or 1.53(c)(2) (pre-PLT (AIA)) to Convert a Nonprovisional Application Filed Under 1.53(b) to a Provisional Application Filed Under 1.53(c)
|
35 U.S.C. § 111(a) and (b) |
37 CFR 1.53(b) and 1.53(c)(2) |
15 |
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) |
35 U.S.C. 119(a)
35 U.S.C. 119(e) |
37 CFR 1.55(c)
37 CFR 1.78(b) |
Indicate how, by whom, and for what purpose the information is to be used. Except for a new information collection, indicate the actual use the agency has made of the information received from the current information collection.
The public uses this information collection to: submit noncontinuing, nonprovisional utility, plant, and design patent applications; provide patent application data; submit continuation, continuation-in-part, and divisional applications of international and nonprovisional patent applications; request continued prosecution of design patent applications; submit provisional patent applications; file certain petitions; supply the name or names of the inventor or inventors after the filing date without a cover sheet in a provisional application; identify and correct the inventorship of provisional patent applications; convert nonprovisional applications to provisional applications; and restore the right of priority to a foreign application or the benefit of a provisional application.
There are 71 forms in this information collection. This total includes versions of the inventor’s oath and declaration forms that were created to comply with the changes resulting from the Leahy-Smith America Invents Act, e.g., forms AIA/01, AIA/02, etc., as well as pre-America Invents Act versions of the oath and declaration forms, e.g., forms SB/01, SB/02, etc., and foreign language translations of the oath and declaration forms, e.g., forms AIA/01CN, AIA/01DE, etc. As detailed in Table 2 below, several items do not have forms associated with them.
The information collected, maintained, and used in this information collection is based on OMB and USPTO guidelines. These guidelines include the basic information quality standards established in the Paperwork Reduction Act (44 U.S.C. Chapter 35), in OMB Circular A-130, and in the USPTO information quality guidelines.
Table 2 outlines what instruments and forms are used to collect items in this information collection, and how the items are used by the public and by the USPTO.
Table 2: Needs and Uses
Item No. |
Form/Function
|
Form Number |
Needs and Uses |
1-11 |
Specification (includes at least one claim) and Drawing(s) |
No Form Associated |
|
1-10 |
Patent Application Fee Determination Record
Multiple Dependent Claim Fee Calculation Sheet
|
PTO/SB/06
PTO/SB/07
|
|
1-14 |
Fee Transmittal Form
|
PTO/SB/17 |
|
1-14 |
Utility Patent Application Transmittal
Design Patent Application Transmittal
Plant Patent Application Transmittal
|
PTO/AIA/15
PTO/AIA/18
PTO/AIA/19 |
|
1-14 |
Declaration (37 CFR 1.63) for Utility or Design Application using an Application Data Sheet (37 CFR 1.76)
Declaration (37 CFR 1.63) for Plant Application Using an Application Data Sheet (37 CFR 1.76)
Declaration (37 CFR 1.63) for Utility or Design Application Using an Application Data Sheet (37 CFR 1.76) [foreign translations]
|
PTO/SB/01A PTO/AIA/01
PTO/SB/03A PTO/AIA/03
PTO/AIA/01CN, DE, ES, FR, IT, JP, KR, NL, RU, SE
|
|
1-14 |
Declaration for Utility or Design Patent Application (37 CFR 1.63)
Declaration for Utility or Design Patent Application (37 CFR 1.63) [foreign translations]
Plant Patent Application (35 U.S.C. 161) Declaration (37 CFR 1.162)
Plant Patent Application (35 U.S. C. 161) Declaration (37 CFR 1.63)
Supplemental Declaration for Utility or Design Patent Application (37 CFR 1.67)
Supplemental Sheet for Declaration
Declaration (Additional Inventors) and Supplemental Priority Data Sheet
Declaration (Additional Inventors) and Supplemental Priority Data Sheet [foreign translations]
|
PTO/SB/01 PTOAIA/08
PTO/SB/101-110
PTO/AIA/09
PTO/SB/03
PTO/SB/04
PTO/AIA/10
PTO/SB/02
PTO/SB/02CN, DE, ES, FR, IT, JP, KR, NL, RU, SE
|
|
1-14 |
Substitute Statement in Lieu of an Oath or Declaration for Utility or Design Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64)
Substitute Statement in Lieu of an Oath or Declaration for Utility or Design Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64) [foreign translations]
Substitute Statement in Lieu of an Oath or Declaration for Plant Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64))
Substitute Statement Supplemental Sheet
Declaration Supplemental Sheet for Legal Representatives
|
PTO/AIA/02
PTO/AIA/02CN, DE, ES, FR, IT, JP, KR, NL, RU, SE
PTO/AIA/04
PTO/AIA/11
PTO/SB/02LR
|
|
1-6 |
Application Data Sheet Form
Application Data Sheet 37 CFR 1.76
Web-based Application Data Sheet Form
|
PTO/SB/14
PTO/AIA/14
eADS
|
|
1 |
Electronic Utility Patent Application
|
No Form Associated |
|
3 |
Electronic Design Application
|
No Form Associated |
|
10 |
For Design Applications Only: Continued Prosecution Application (CPA) Request Transmittal
For Design Applications Only: Receipt for Facsimile Transmitted CPA
|
PTO/SB/29
PTO/SB/29A |
|
11 |
Provisional Application for Patent Cover Sheet – Paper and Electronic Filing
|
PTO/SB/16 |
|
12 |
Petition to Accept Unintentionally Delayed Priority or Benefit Claim
|
PTO/SB/445
PTO/SB/458 |
|
13 |
Petition to be the applicant under 37 CFR 1.46(b) by a person who otherwise shows sufficient proprietary interest in the matter
|
No Form Associated |
|
14 |
Papers Filed under 37 CFR 1.41(c) or 1.41(a)(2) (pre-AIA) to Supply the Name or Names of the Inventor or Inventors After the Filing Date Without a Cover Sheet as Prescribed by 37 CFR 1.51(c)(1) in a Provisional Application
|
No Form Associated
|
|
14 |
Petition under 37 CFR 1.6(g) to Accord the Application under 37 CFR 1.495(b) a Receipt Date
|
No Form Associated |
|
14 |
Papers Filed Under 37 CFR 1.48(d) for Correction of Inventorship in a Provisional Application
|
No Form Associated |
|
14 |
Papers Filed Under 37 CFR 1.53(c)(2) or 1.53(c)(2) (pre-PLT (AIA)) to Convert a Nonprovisional Application Filed Under 1.53(b) to a Provisional Application Filed Under 1.53(c)
|
No Form Associated
|
|
15 |
Petition to Restore the Right of Priority to a Foreign Application under 37 CFR 1.55(c)
Or
Petition to Restore the Benefit of a Provisional Application under 37 CFR 1.78(b) |
PTO/SB/459 |
Or
|
Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of activity. Also describe any consideration of using information technology to reduce burden
The USPTO typically collects the information in this information collection electronically through the USPTO patent electronic filing system (Patent Center), the USPTO’s online filing and viewing system for patent applications and related documents. For those respondents who choose to not file information in this collection electronically, the patent applications themselves may alternatively be submitted by mail or hand delivery. Information in this collection other than patent applications may alternatively be submitted by mail, hand delivery, or facsimile. In particular, facsimile submission of the information in this collection is limited to certain items in accordance with 37 CFR 1.6(d). Aside from Patent Center, the USPTO does not use automated, electronic, mechanical, or other technological collection techniques to collect the information in this information collection.
Patent Center allows customers to electronically file patent applications and associated documents through their standard Web browser without downloading special software, changing their documentation preparation tools, or altering their workflow processes.
Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.
This information is collected only when an applicant (or representative) submits:
a patent application;
a petition to accept an unintentionally delayed priority or benefit claim;
a petition to be the applicant under 37 CFR 1.46(b) by a person who otherwise shows a sufficient proprietary interest in the matter;
a petition under 37 CFR 1.6(g) to accord the application under 37 CFR 1.495(b) a receipt date;
the papers filed under 37 CFR 1.41(c), 1.41(a)(2) (pre-AIA), 1.48(d), 1.53(c)(2), and 1.53(c)(2) (pre-PLT (AIA));
a petition to restore the benefit of a provisional application under 37 CFR 1.78(b); or
a petition to restore the right of priority to a foreign application under 37 CFR 1.55(c).
This information is not collected elsewhere. Therefore, this information collection does not create a duplication of effort or collection of data.
If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.
Items in this collection of information involving the payment of fees will be submitted by small businesses or other small entities, including micro entities. Pursuant to section 10(b) of the Leahy-Smith America Invents Act (AIA), Pub. L. 112-29, as amended by the Unleashing American Innovators Act of 2022 (UAIA), Pub. L. 117-103, the USPTO provides a 60% reduction in the fees for certain patent filings by small entity applicants, such as persons, small businesses, and nonprofit organizations who meet the definition of a small entity provided at 37 CFR 1.27(a). Also pursuant to section 10(b) of the AIA, the USPTO provides an 80% reduction in the fees set or adjusted under section 10(a) of the Act for certain patent filings by applicants who meet the definition of a micro entity provided at 35 U.S.C. § 123 and 37 CFR 1.29.
No significant burden is placed on small or micro entities to establish their status and pay the discounted fee. Small entities must only make an assertion of entitlement to small entity status in the manner set forth in 37 CFR 1.27(c)(1) or (c)(3). Micro entities must only provide a certification of micro entity status complying with the requirements of either 37 CFR 1.29(a) or (d).
Describe the consequence to Federal program or policy activities if the information collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden
If this information collection is not conducted, or if it is conducted less frequently, the USPTO cannot examine, or cannot as efficiently examine, an application or issue a patent as required by the patent statutes.
Explain any special circumstances that would cause an information collection to be conducted in a manner:
requiring respondents to report information to the agency more often than quarterly;
requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;
requiring respondents to submit more than an original and two copies of any document;
requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;
in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;
requiring the use of a statistical data classification that has not been reviewed and approved by OMB;
that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or
requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.
There are no special circumstances associated with this collection of information.
If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of co activity, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained
The 60-Day Notice was published in the Federal Register on January 10, 2024 (89 FR 1557).1 The public comment period ended on March 11, 2024.
One public comment was received. It stated that the information collection should continue. USPTO agrees with this assessment, as examining patent applications is vital to the Agency’s mission.
Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.
This information collection does not involve a payment or gift to any respondent.
Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the information collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.
The confidentiality of patent applications is governed by statute (35 U.S.C 122) and regulation (37 CFR 1.11 and 1.14). The USPTO has a legal obligation to maintain the confidentiality of the contents of unpublished patent applications and related documents. Upon publication of an application or issuance of a patent, the patent application file is made available to the public, subject to the provisions for providing only a redacted copy of the file contents (37 CFR 1.11(a) and 1.217).
Applications filed through Patent Center are maintained in confidence as required by 35 U.S.C. 122(a) until the application is published or issued as a patent. The confidentiality, security, integrity, authenticity, and non-repudiation of patent applications submitted electronically through Patent Center are maintained using TLS or SSL protocols. The USPTO posts the file contents of issued patents and application publications on its website. The information covered under this information collection will not be released to the public, unless it is part of an issued patent or application publication, or unless one or more specific conditions for power to inspect or access are met pursuant to 37 CFR 1.14(c)-(j). Patent applicants and/or their designated representatives can view the current status of their patent application through Patent Center.
The Privacy Act of 1974 (Pub. L. 93-579) requires that an applicant be given certain information in connection with the items covered under this information collection. The applicable Privacy Act System of Records Notice for this information collection is COMMERCE/PAT-TM-7 Patent Application Files (SORN 7), available at 78 FR 19243 (March 29, 2013).2 The purpose of SORN 7 is to disclose how the USPTO intends to use, maintain, and protect the information that it has collected to carry out the duties of the USPTO to examine patent applications and issue patents. SORN 7 manages all applicant records including name, citizenship, residence, post office address, and other information pertaining to the applicant’s activities in connection with the invention for which a patent is sought or has been granted.
The information in SORN 7 is protected from disclosure to third parties in accordance with the Privacy Act until the application is published under 35 U.S.C. 122(b) or issued as a patent under 35 U.S.C. 153. Prior to application publication or patent issuance, the information in SORN 7 is protected from disclosure to third parties in accordance with the Privacy Act, except that disclosure is permitted for the following routine uses including, but not limited to: law enforcement in the event that the system of records indicates a violation or potential violation of law; a federal, state, local, or international agency, in response to its request; an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law; non-federal personnel under contract to the agency; the Department of Justice for Freedom of Information Act (FOIA) assistance; a member of Congress working on behalf of an individual to whom the record pertains, when the individual has requested the member’s assistance with respect to the subject matter of the record; the Office of Personnel Management (OPM) for personnel research purposes; and the Office of Management and Budget (OMB) for legislative coordination and clearance.
Categories of individuals covered by SORN 7 include applicants for patent, including inventors, legal representatives for deceased or incapacitated inventors, and other persons authorized by law to make applications for patent.
The applicable PIA for this information collection is the Privacy Impact Assessment for the Patent End to End (PE2E) System (March 14, 2022), which is available at https://osec.doc.gov/opog/privacy/pto%20pias/PE2E-PIA_SAOP_Approval_Delegation.pdf. PE2E is a Master system portfolio consisting of next generation Patents Automated Information Systems (AIS). The goal of PE2E is to make the interaction of USPTO’s users as simple and efficient as possible in order to accomplish user goals. PE2E will be a single web-based examination tool providing users with a unified and robust set of tools. PE2E will overhaul the current patents examination baseline through the development of a new system that replaces the existing tools used in the examination process. The project stakeholders desire a simple, unified interface that does not require launching of separate applications in separate windows, and that supports new and improved IT advances. There are 14 sub-systems under PE2E, including Patent Center.
Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.
None of the required information is considered to be of a sensitive nature.
Provide estimates of the hour burden of the collection of information. The statement should:
Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.
If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.
Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under ‘Annual Cost to Federal Government’.
Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information.
Table 3 calculates the burden hours and costs of this information collection to the public, based on the following factors:
Respondent Calculation Factors
The USPTO projects that it will receive 588,255 responses per year. The USPTO estimates that approximately 155,569 of these responses will be from small entities (this estimate reflects an approximately 25% small entity response rate for all items in the information collection except for design-related items in the information collection, for which an approximately 35% small entity response rate is estimated), and continuation-in-part related items in the information collection, for which an approximately 55% small entity response rate is estimated).
The USPTO estimates that approximately 99% of the annual responses for this collection will be filed electronically.
Burden Hour Calculation Factors
The USPTO estimates that it takes the public approximately from 45 minutes (0.75 hours) to 40 hours to complete the applications, petitions, and additional papers in this information collection, depending on the complexity of the request. This includes the time to gather the necessary information, prepare the application, petition, or other papers, and submit the completed request to the USPTO. The USPTO assumes that, on average, it takes the same amount of time to gather the necessary information, prepare the application, petition, or other paper, and submit it to the USPTO, whether the applicant submits it in paper form or electronically. Using these factors, USPTO estimates that the total respondent hourly burden for this information collection is 12,543,215 hours per year.
Cost Burden Calculation Factors
The USPTO uses a professional rate of $447 per hour for the respondent cost burden calculations, which is the mean rate of intellectual property attorneys in private firms as shown in the 2023 Report of the Economic Survey published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA). Using this hourly rate, the USPTO estimates that the total respondent cost burden for this information collection is $5,606,817,105 per year.
Table 3: Total Hourly Burden for Private Sector Respondents
Item No. |
Item |
Estimated Annual Respondents
(a) |
Responses per Respondent
(b) |
Estimated Annual Responses (year)
(a) x (b) = (c) |
Estimated Time for Response (hours)
(d)
|
Estimated Annual Burden (hour/year)
(c) x (d) = (e) |
Rate3 ($/hour)
(f) |
Estimated Annual Burden
(e) x (f) = (g) |
1 |
Noncontinuing, Nonprovisional Utility Applications |
214,000 |
1 |
214,000 |
40 |
8,560,000 |
$447 |
$3,826,320,000 |
2 |
Noncontinuing, Nonprovisional Plant Applications |
1,000 |
1 |
1,000 |
9 |
9,000 |
$447 |
$4,023,000 |
3 |
Noncontinuing, Nonprovisional Design Applications |
42,000 |
1 |
42,000 |
7 |
294,000 |
$447 |
$131,418,000 |
4 |
Continuation/Divisional of an International Application |
26,000 |
1 |
26,000 |
4 |
104,000 |
$447 |
$46,488,000 |
5 |
Utility Continuation/Divisional Applications |
114,000 |
1 |
114,000 |
4 |
456,000 |
$447 |
$203,832,000 |
6 |
Plant Continuation/Divisional Application |
5 |
1 |
5 |
3 |
15 |
$447 |
$6,705 |
7 |
Design Continuation/Divisional Application |
6,000 |
1 |
6,000 |
1 |
6,000 |
$447 |
$2,682,000 |
8 |
Continued Prosecution Applications – Design (Request Transmittal and Receipt) |
1,500 |
1 |
1,500 |
1 |
1,500 |
$447 |
$670,500 |
9 |
Utility Continuation-in-Part Applications |
11,000 |
1 |
11,000 |
20 |
220,000 |
$447 |
$98,340,000 |
10 |
Design Continuation-in-Part Applications |
850 |
1 |
850 |
3 |
2,550 |
$447 |
$1,139,850 |
11 |
Provisional Application for Patent Cover Sheet |
160,000 |
1 |
160,000 |
18 |
2,880,000 |
$447 |
$1,287,360,000 |
12 |
Petition to Accept Unintentionally Delayed Priority or Benefit Claim |
1,100 |
1 |
1,100 |
1 |
1,100 |
$447 |
$491,700 |
13 |
Petition to be the applicant under 37 CFR 1.46(b) by a person who otherwise shows a sufficient proprietary interest in the matter |
3,000 |
1 |
3,000
|
1 |
3,000 |
$447 |
$1,341,000 |
14 |
Papers filed under the following: 1.41(c) or 1.41(a)(2) (pre-AIA) – to supply the name or names of the inventor or inventors after the filing date without a cover sheet as prescribed by 37 CFR 1.51(c)(1) in a provisional application. 1.48(d) – for correction of inventorship in a provisional application. 1.53 (c)(2) or 1.53(c)(2) (pre-PLT (AIA)) – to convert a nonprovisional application filed under 1.53(b) to a provisional application filed under 1.53(c) |
7,000 |
1 |
7,000 |
.75 |
5,250 |
$447 |
$2,346,750 |
15 |
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) |
800 |
1 |
800 |
1 |
800 |
$447 |
$357,600 |
|
Totals |
588,255 |
- - - |
588,255 |
- - - |
12,543,215 |
- - - |
$5,606,817,105 |
Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).
The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.
If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.
There are no capital start-up, maintenance, or record-keeping costs. There is, however, non-hour cost burden in the way of drawing costs, filing fees, and postage costs.
The total (non-hour) respondent cost burden for this collection is estimated to be $1,156,505,487 per year per year, which includes $672,189,140 in filing fees, $484,123,750 in drawing costs, and $192,597 in postage.
Drawing Costs
Patent applicants can submit drawings with their utility, plant, design, and provisional applications. Applicants can prepare these drawings on their own or they can hire patent illustration services firms to create them. As a basis for estimating the drawing costs, the USPTO expects that all applicants will have their drawings prepared by a patent illustration firm.
Estimates for the patent drawing can vary greatly, depending on the number of figures to be produced, the total number of pages for the drawings, and the complexity of the drawings. Because there are many variables involved, the USPTO is using the average of the cost ranges found for the application drawings to derive the estimated cost per sheet that is then used to calculate the total drawing costs.
The utility, plant, and design continuation and divisional applications use the same drawings as the initial filings, so they are not included in these totals. New drawings may be submitted in the continuation-in-part applications, so those numbers are included in these estimates. The drawings for the continued prosecution applications also are included in the drawing cost totals for designs. There are no continuation, divisional, or continuation-in-part provisional applications.
Utility Application Drawings – The USPTO estimates that the costs to produce these drawings can range from $50 to $200 per sheet. Taking the average of this range, the USPTO estimates that it can cost $125 per sheet to produce the drawings and that, on average, 10 sheets of drawings are submitted for an average cost of $1,250 to produce the utility drawings. Out of 339,000 utility applications submitted, the USPTO estimates that 68% (or 230,520) of these applications will be submitted with drawings.
Plant Application Drawings – In general, photographs are submitted for the plant applications, although drawings can also be submitted. The USPTO estimates that the cost to produce the photographs or drawings for the plant applications can range from $50 to $100. Taking the average of this range, the USPTO estimates that it can cost $75 per sheet to produce the photographs or drawings for the plant applications. On average, 10 sheets of drawings are submitted for an average cost of $750 to produce the photographs/drawings for the plant applications. Out of 1,005 plant applications submitted per year, the USPTO estimates that all of them will be submitted with drawings.
Design Application Drawings – The USPTO estimates that the costs to produce design drawings can range from $50 to $350 per sheet. Taking the average of this range, the USPTO estimates that it can cost $200 per sheet to produce design drawings. On average, 10 sheets of drawings are submitted for an average cost of $2,000 to produce the design drawings. Out of 48,850 design applicants submitted per year, the USPTO estimates that all of them will be submitted with drawings.
Provisional Application Drawings – The USPTO estimates that the cost to produce the provisional drawings can range from $30 to $200 per sheet. Taking the average of this range, the USPTO estimates that it can cost $115 per sheet to produce the provisional drawings. On average, 10 sheets of drawings are submitted for an average cost of $1,150 to produce the provisional drawings. Out of 160,000 provisional applications submitted per year, the USPTO estimates that 53% (or 84,800) of these applications will be submitted with drawings.
Table 4: Drawing Costs to Respondents
Item No. |
Item |
Estimated Annual Responses
(a) |
Estimated Drawing Costs Amount ($)
(b) |
Drawing Cost Totals
(a) x (b) = (c) |
1 |
Utility Application Drawings |
230,520 |
$1,250 |
$288,150,000 |
2 |
Plant Application Drawings (Photographs) |
1,005 |
$750 |
$753,750 |
3 |
Design Applications Drawings |
48,850 |
$2,000 |
$97,700,000 |
11 |
Provisional Application Drawings |
84,800 |
$1,150 |
$97,520,000 |
|
Totals |
365,175 |
- - - |
$484,123,750 |
Fees
This information collection also has filing fees associated with various submissions. The amounts of these fees are listed in Table 5 below.
Table 5: Filing Fee Costs to Respondents
Item No. |
Fee Code |
Item |
Estimated Annual Responses (a)
|
Amount
(b) |
Totals
(a) x (b) = (c) |
1, 4 |
1011 |
Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (undiscounted entity) |
250,450 |
$320 |
$80,144,000 |
1, 4 |
2011 |
Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (small entity) |
260 |
$128 |
$33,280 |
1, 4 |
3011 |
Basic Filing fee – Utility (Paper Filing – Also Requires Non-Electronic Filing Fee Under 1.16(t)) (micro entity) |
14,520 |
$64 |
$929,280 |
1, 4 |
4011 |
Basic filing fee – Utility (electronic filing for small entities) |
84,760 |
$64 |
$5,424,640 |
1, 4 |
1081 |
Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity) |
20,640 |
$420 |
$8,668,800 |
1, 4 |
2081 |
Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity) |
11,630 |
$168 |
$1,953,840 |
1, 4 |
3081 |
Utility Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity) |
220 |
$84 |
$18,480 |
1, 4 |
1111 |
Utility Search Fee (undiscounted entity) |
248,740 |
$700 |
$174,118,000 |
1, 4 |
2111 |
Utility Search Fee (small entity) |
83,900 |
$280 |
$23,492,000 |
1, 4 |
3111 |
Utility Search Fee (micro entity) |
14,330 |
$140 |
$2,006,200 |
1, 4 |
1311 |
Utility Examination Fee (undiscounted entity) |
249,600 |
$800 |
$199,680,000 |
1, 4 |
2311 |
Utility Examination Fee (small entity) |
84,100 |
$320 |
$26,912,000 |
1, 4 |
3311 |
Utility Examination Fee (micro entity) |
14,360 |
$160 |
$2,297,600 |
1,2 4-6, and 9 |
1201 |
Each Independent Claim in Excess of Three (undiscounted entity) |
42,020 |
$480 |
$20,169,600 |
1,2 4-6, and 9 |
2201 |
Each Independent Claim in Excess of Three (small entity) |
14,500 |
$192 |
$2,784,000 |
1,2 4-6, and 9 |
3201 |
Each Independent Claim in Excess of Three (micro entity) |
1,400 |
$96 |
$134,400 |
1,2 4-6, and 9 |
1202 |
Each Claim in Excess of 20 (undiscounted entity) |
304,230 |
$100 |
$30,423,000 |
1,2 4-6, and 9 |
2202 |
Each Claim in Excess of 20 (small entity) |
158,280 |
$40 |
$6,331,200 |
1,2 4-6, and 9 |
3202 |
Each Claim in Excess of 20 (micro entity) |
7,790 |
$20 |
$155,800 |
1,2 4-6, and 9 |
1203 |
Multiple Dependent Claim (undiscounted entity) |
730 |
$860 |
$627,800 |
1,2 4-6, and 9 |
2203 |
Multiple Dependent Claim (small entity) |
470 |
$344 |
$161,680 |
1,2 4-6, and 9 |
3203 |
Multiple Dependent Claim (micro entity) |
70 |
$172 |
$12,040 |
2, 5 |
1313 |
Plant Examination Fee (undiscounted entity) |
490 |
$660 |
$323,400 |
2, 5 |
2313 |
Plant Examination Fee (small entity) |
480 |
$264 |
$126,720 |
2, 5 |
3313 |
Plant Examination Fee (micro entity) |
10 |
$132 |
$1,320 |
2, 5 |
1013 |
Basic filing fee – Plant (undiscounted entity) |
490 |
$220 |
$107,800 |
2, 5 |
2013 |
Basic filing fee – Plant (small entity) |
480 |
$88 |
$42,240 |
2, 5 |
3013 |
Basic filing fee – Plant (micro entity) |
10 |
$44 |
$440 |
2, 5 |
1113 |
Plant Search fee (undiscounted entity) |
490 |
$440 |
$215,600 |
2, 5 |
2113 |
Plant Search fee (small entity) |
480 |
$176 |
$84,480 |
2, 5 |
3113 |
Plant Search fee (micro entity) |
10 |
$88 |
$880 |
2, 5 |
1083 |
Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (undiscounted entity) |
1 |
$420 |
$420 |
2, 5 |
2083 |
Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (small entity) |
1 |
$168 |
$168 |
2, 5 |
3083 |
Plant Application Size Fee - for each additional 50 sheets that exceeds 100 sheets (micro entity) |
1 |
$84 |
$84 |
3, 6 |
1012 |
Basic Filing Fee – Design (undiscounted entity) |
20,020 |
$220 |
$4,404,400 |
3, 6 |
2012 |
Basic Filing Fee – Design (small entity) |
19,480 |
$88 |
$1,714,240 |
3, 6 |
3012 |
Basic Filing Fee – Design (micro entity) |
15,890 |
$44 |
$699,160 |
3, 6 |
1017 |
Basic Filing Fee – Design (CPA) (undiscounted entity) |
920 |
$220 |
$202,400 |
3, 6 |
2017 |
Basic Filing Fee – Design (CPA) (small entity) |
500 |
$88 |
$44,000 |
3, 6 |
3017 |
Basic Filing Fee – Design (CPA) (micro entity) |
85 |
$44 |
$3,740 |
3, 6 |
1082 |
Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity) |
170 |
$420 |
$71,400 |
3, 6 |
2082 |
Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity) |
90 |
$168 |
$15,120 |
3, 6 |
3082 |
Design Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity) |
30 |
$84 |
$2,520 |
3, 6 |
1112 |
Design Search Fee (undiscounted entity) |
20,660 |
$160 |
$3,305,600 |
3, 6 |
2112 |
Design Search Fee (small entity) |
19,690 |
$64 |
$1,260,160 |
3, 6 |
3112 |
Design Search Fee (micro entity) |
15,880 |
$32 |
$508,160 |
3, 6 |
1312 |
Design Examination Fee (undiscounted entity) |
20,670 |
$640 |
$13,228,800 |
3, 6 |
2312 |
Design Examination Fee (small entity) |
19,710 |
$256 |
$5,045,760 |
3, 6 |
3312 |
Design Examination Fee (micro entity) |
15,880 |
$128 |
$2,032,640 |
11 |
1085 |
Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (undiscounted entity) |
11,180 |
$420 |
$4,695,600 |
11 |
2085 |
Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (small entity) |
11,360 |
$168 |
$1,908,480 |
11 |
3085 |
Provisional Application Size Fee – for Each Additional 50 Sheets That Exceeds 100 Sheets (micro entity) |
110 |
$84 |
$9,240 |
11 |
1005 |
Provisional Application Filing Fee (undiscounted entity) |
63,710 |
$300 |
$19,113,000 |
11 |
2005 |
Provisional Application Filing Fee (small entity) |
69,250 |
$120 |
$8,310,000 |
11 |
3005 |
Provisional Application Filing Fee (micro entity) |
23,150 |
$60 |
$1,389,000 |
1-11 |
1051 |
Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (undiscounted entity) |
78,200 |
$160 |
$12,512,000 |
1-11 |
2051 |
Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (small entity) |
33,010 |
$64 |
$2,112,640 |
1-11 |
3051 |
Surcharge – Late Filing Fee, Search Fee, Examination Fee, Inventor's Oath or Declaration, or Application Filed Without at least One Claim or by Reference (micro entity) |
3,370 |
$32 |
$107,840 |
1-11 |
1052 |
Surcharge – Late Provisional Filing Fee or Cover Sheet (undiscounted entity) |
1,700 |
$60 |
$102,000 |
1-11 |
2052 |
Surcharge – Late Provisional Filing Fee or Cover Sheet (small entity) |
2,440 |
$24 |
$58,560 |
1-11 |
3052 |
Surcharge – Late Provisional Filing Fee or Cover Sheet (micro entity) |
2,574 |
$12 |
$30,888 |
13 |
1463 |
Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (undiscounted entity) |
1,800 |
$220 |
$396,000 |
13 |
2463 |
Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (small entity) |
900 |
$88 |
$79,200 |
13 |
3463 |
Electronic Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter (micro entity) |
300 |
$44 |
$13,200 |
15 |
1454 |
Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (undiscounted entity) |
310 |
$2,100 |
$651,000 |
15 |
2454 |
Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (small entity) |
65 |
$840 |
$54,600 |
15 |
3454 |
Grantable Petition to Restore the Right of Priority under 37 CFR 1.55(c) (micro entity) |
25 |
$420 |
$10,500 |
15 |
1454 |
Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (undiscounted entity) |
310 |
$2,100 |
$651,000 |
15 |
2454 |
Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (small entity) |
65 |
$840 |
$54,600 |
15 |
3454 |
Grantable Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b) (micro entity) |
25 |
$420 |
$10,500 |
|
|
Totals |
2,083,472 |
- - - |
$672,189,140 |
Postage
Although the USPTO prefers that the items in this information collection be submitted electronically, the items may be submitted by mail through the United States Postal Service (USPS). The USPTO estimates the following:
If an applicant decides to file a patent application covered under this information collection by mail, the USPTO recommends that the patent application be filed by Priority Mail Express® in accordance with 37 CFR 1.10 to establish the date of deposit with the USPS as the filing date (otherwise the filing date of the application will be the date that it is received at the USPTO). The USPTO estimates that about 1.5% of patent applicants (lines 1-10) will be filed by mail resulting in 6,245 mailed applications. Using the Priority Mail Express® flat rate cost for mailing envelopes, the USPTO estimates that the average cost for sending a patent application by Priority Mail Express® in a legal flat rate envelope will be $30.65; resulting in a cost of $191,409.
If an applicant decides to file a petition or a paper filed under 37 CFR 1.41(c), 1.41(a)(2) (pre-AIA), 1.48(d), 1.53(c)(2), 1.53(c)(2) (pre-PLT (AIA)), 1.55(c), or 1.78(b) by mail, the USPTO estimates that the petition or paper will be sent by Priority Mail. The USPTO estimates that about 1.5% of these petitions (lines 14 and 15) will be filed by mail resulting in 117 mailed items. USPTO further estimates that the average cost for a Priority Mail legal flat rate envelope shipped via USPS is $10.15; resulting in an cost of $1,188.
Therefore, the total estimated postage cost for this collection is $192,597.
Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.
The USPTO estimates that it takes a GS-5, step 1 employee between 18 minutes (0.3 hours) and 1 hour to process the applications, petitions, and additional papers in this information collection. The hourly rate for a GS-5, step 1 employee is currently $21.63, according to the U.S. Office of Personnel Management’s (OPM’s) wage table, including locality pay for the Washington, DC area. When 30% ($6.49) is added to account for benefits and overhead, the full rate per hour for a GS-5, step 1, employee is $28.12.
The USPTO estimates that it takes a GS-7, step 1, employee approximately 18 minutes (0.30 hours) on average to process the Petition to Restore the Right of Priority under 37 CFR 1.55(c) and Petition to Restore the Benefit of a Prior-Filed Provisional Application under 37 CFR 1.78(b). The hourly rate for a GS-7, step 1 employee is currently $26.80, according to the U.S. Office of Personnel Management’s (OPM’s) wage table, including locality pay for the Washington, DC area. When 30% ($9.65) is added to account for benefits and overhead, the full rate per hour for a GS-7, step 1, employee is $36.45.
Table 6 calculates the burden hours and costs to the Federal Government for processing this information collection.
Table 6: Burden Hour/Cost to the Federal Government
Item No. |
Item |
Estimated Annual Responses (year)
(a) |
Estimated Time for Response (hours)
(b) |
Estimated Annual Burden (hour/year)
(a) x (b) = (c) |
Rate4 ($/hour)
(d) |
Estimated Annual Government Cost
(c) x (d) = (e) |
1 |
Noncontinuing, Nonprovisional Utility Application – No Application Data Sheet
|
214,000 |
1 |
214,000 |
$28.12 |
$6,017,680 |
2 |
|
1,000 |
1 |
1,000 |
$28.12 |
$28,120 |
3 |
Noncontinuing, Nonprovisional Design Applications – No Application Data Sheet
|
42,000 |
1 |
42,000 |
$28.12 |
$1,181,040 |
4 |
Noncontinuing, Nonprovisional Utility Applications – Application Data Sheet
|
26,000 |
1 |
26,000 |
$28.12 |
$731,120 |
5 |
Utility Continuation/Divisional Applications |
114,000 |
1 |
114,000 |
$28.12 |
$3,205,680 |
6 |
Plant Continuation/Divisional Application
|
5 |
1 |
5 |
$28.12 |
$141 |
7 |
Design Continuation/Divisional Application
|
6,000 |
1 |
6,000 |
$28.12 |
$168,720 |
8 |
Continued Prosecution Applications – Design (Request Transmittal and Receipt) |
1,500 |
0.6 |
900 |
$28.12 |
$25,308 |
9 |
Utility Continuation-in-Part Applications |
11,000 |
1 |
11,000 |
$28.12 |
$309,320 |
10 |
Design Continuation-in-Part Applications |
850 |
1 |
850 |
$28.12 |
$23,902 |
11 |
Provisional Application for Patent Cover Sheet
|
160,000 |
1 |
160,000 |
$28.12 |
$4,499,200 |
12 |
Petition to Accept Unintentionally Delayed Priority or Benefit Claim
|
1,100 |
0.3 |
330 |
$28.12 |
$9,280 |
13 |
Petition to be the applicant under 37 CFR 1.46 by a person who otherwise shows sufficient proprietary interest in the matter
|
3,000 |
0.3 |
900 |
$28.12 |
$25,308 |
14 |
Papers filed under the following:
1.41(c) or 1.41(a)(2) (pre-AIA) – to supply the name or names of the inventor or inventors after the filing date without a cover sheet as prescribed by 37 CFR 1.51(c)(1) in a provisional application. 1.48(d) – for correction of inventorship in a provisional application. 1.53 (c)(2) or 1.53(c)(2) (pre-PLT (AIA)) – to convert a nonprovisional application filed under 1.53(b) to a provisional application filed under 1.53(c)
|
7,000 |
0.5 |
3,500 |
$28.12 |
$98,420 |
15 |
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) |
800 |
0.3 |
240 |
$36.45 |
$8,748 |
|
Totals
|
588,255 |
- - - |
580,725 |
- - - |
$16,331,987 |
Explain the reasons for any program changes or adjustments reported on the burden worksheet.
|
Requested |
Program Change Due to New Statute |
Program Change Due to Agency Discretion |
Change Due to Adjustment in Agency Estimate |
Change Due to Potential Violation of the PRA |
Previously Approved |
Annual Number of Responses |
588,255 |
0 |
0 |
-44,954 |
0 |
633,209 |
Annual Time Burden (Hr) |
12,543,215 |
0 |
0 |
-3,055,598 |
0 |
15,598,813 |
Annual Cost Burden ($) |
1,156,505,487 |
0 |
0 |
-30,040,311 |
0 |
1,186,545,798 |
Changes since publication of the 60-day notice
Since the publication of the 60-day notice in the Federal Register on January 10, 2024, the USPS postage rates have increased. This change results in an increase of $10,640 to the total annual (non-hour) costs in this information collection.
Change in Annual Responses and Hourly Burden due to Adjustment in Agency Estimate
The decrease in the number of responses (-44,954) and hourly time burden (-3,055,598) is due to the estimated normal fluctuation in the number of responses for the items in this information collection.
Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate
The USPTO estimates a decrease (-$30,040,311) for the total annual (non-hour) costs, due to decreases in the number of respondents paying filing fees, drawing fees, and postage costs.
For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.
The USPTO does not plan to publish this information for statistical use.
If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.
The forms in this information collection will display the OMB Control Number and the OMB expiration date.
Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”
This collection of information does not include any exceptions to the certificate statements.
B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection of information does not employ statistical methods.
3 2023 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); pg. F–41. The USPTO uses the average billing rate for intellectual property work in all firms which is $447 per hour (https://www.aipla.org/home/news-publications/economic-survey).
4https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/24Tables/html/DCB_h.aspx.
| File Type | application/vnd.openxmlformats-officedocument.wordprocessingml.document |
| Author | Gunther, Sarah (AMBIT) |
| File Modified | 0000-00-00 |
| File Created | 2024-07-24 |