Third-Party Submissions and Protests

ICR 202408-0651-005

OMB: 0651-0062

Federal Form Document

ICR Details
0651-0062 202408-0651-005
Received in OIRA 202303-0651-009
DOC/PTO
Third-Party Submissions and Protests
Revision of a currently approved collection   No
Regular 09/13/2024
  Requested Previously Approved
36 Months From Approved 11/30/2024
1,033 880
10,330 8,800
153,686 78,633

The United States Patent and Trademark Office (USPTO) is authorized by the Leahy-Smith America Invents Act P.L. 112-29 and 35 U.S.C. § 131 et seq., to examine an application for patent and, when appropriate, issue a patent. The provisions of 35 U.S.C. §§ 122(c), 122(e), 131, and 151, as well as 37 CFR 1.290 and 1.291, limit the ability of a third-party to have information entered and considered in a patent application or to protest a patent application pending before the Office. 37 CFR 1.290 provides a mechanism for third-parties to submit to the USPTO, for consideration and inclusion in the record of a patent application, any patents, published patent applications, or other patent publications of potential relevance to the examination of the application. A preissuance submission under 37 CFR 1.290 may be made in any nonprovisional utility, design, and plant application, as well as in any continuing application. A preissuance submission under 37 CFR 1.290 must include a concise description of the asserted relevance of each document submitted and must be submitted within a certain statutory specific time period. 37 CFR 1.291 permits a member of the public to file a protest against a pending application. Protests pursuant to 37 CFR 1.921 are supported by a separate statutory provision from third-party submissions under 37 CFR 1.290 (35 U.S.C. 122(c) v. 35 U.S.C. 122(e)). The information collected via third-party submissions under 37 CFR 1.290 and via protests under 37 CFR 1.291 is necessary so that the public may contribute to the quality of issued patents. The USPTO will use this information, as appropriate, during the patent examination process to assist in evaluating the patent application.

PL: Pub.L. 112 - 29 Section 8 Name of Law: Leahy-Smith America Invents Act
  
None

Not associated with rulemaking

  89 FR 55924 07/08/2024
89 FR 74927 09/13/2024
No

  Total Request Previously Approved Change Due to New Statute Change Due to Agency Discretion Change Due to Adjustment in Estimate Change Due to Potential Violation of the PRA
Annual Number of Responses 1,033 880 0 0 153 0
Annual Time Burden (Hours) 10,330 8,800 0 0 1,530 0
Annual Cost Burden (Dollars) 153,686 78,633 0 0 75,053 0
No
No
Changes in Responses and Hourly Burden due to Adjustment in Agency Estimate The total number of responses has increased by 153 due to estimated fluctuations in the number of respondents/submissions in this information collection. This increase in the number of respondents and responses results in an increase of 1,530 hours in the annual time burden estimates. Changes in Annual Non-hour Costs due to Adjustment in Agency Estimate For this renewal, the USPTO estimates that the total annual non-hour costs will increase by $75,053 from the previous approval. This increase is due to estimated fluctuations in submissions for items that require a fee.

$18,013
No
    Yes
    Yes
No
No
No
No
Raul Tamayo 571 272-7728 [email protected]

  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.
09/13/2024


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