Post Allowance and Refiling

Forms and Documents

Document Name	Status
Form PTO/SB/44 Certificate of Correction (Private Sector) Form	Modified
Form PTO/SB/53 Reissue Application: Consent of Assignee; Statement of Non-assignment (Individuals and Households) Form	Unchanged
Form PTO/AIA/05 Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. § 115(d) and 37 CFR 1.64) (IH) Form	Unchanged
Form PTO/SB/56 Reissue Application Fee Transmittal Form (Individuals and Households) Form	Unchanged
Form PTO/AIA/50 Reissue Patent Application Transmittal (Individuals and Households) Form	Unchanged
Form PTOL-85B Issue Fee Transmittal (Individuals and Households) Form	Unchanged
Form PTO/SB/51S Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175) (Individuals and Households) Form	Unchanged
Form PTO/SB/44 Certificate of Correction (Individuals and Households) Form	Unchanged
Form PTO/SB/53 Reissue Application: Consent of Assignee; Statement of Non-assignment (Private Sector) Form	Unchanged
Form PTO/AIA/50 Reissue Patent Application Transmittal (Private Sector) Form	Unchanged
Form PTO/AIA/05 Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. § 115(d) and 37 CFR 1.64) (PS) Form	Unchanged
Form PTO/SB/56 Reissue Application Fee Transmittal Form (Private Sector) Form	Modified
Form PTOL-85B Issue Fee Transmittal (Private Sector) Form	Modified
Form PTO/SB/51S Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175(c)) (Private Sector) Form	Unchanged
0651-0033 2024 Patent Fee Rule CWS.docx Justification for No Material/Nonsubstantive Change	2024-11-20
Unleashing American Innovators Act of 2022.pdf Supplementary Document	2023-03-24
0033 Supporting Statement 2023 Final 2.docx Supporting Statement A	2023-03-14
Leahy Smith America Invents Act-pub-l112-29.pdf Supplementary Document	2023-01-30
USPTO Information Quality Guidelines.pdf Supplementary Document	2022-12-23

IC Document Collections

IC ID	Document Title	Status
37410	Certificate of Correction (Private Sector) Form	Modified
257762	Reissue Application: Consent of Assignee; Statement of Non-assignment (Individuals and Households) Form	Unchanged
257758	Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. § 115(d) and 37 CFR 1.64) (IH) Form	Unchanged
257754	Reissue Application Fee Transmittal Form (Individuals and Households) Form	Unchanged
257753	Reissue Patent Application Transmittal (Individuals and Households) Form	Unchanged
257751	Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (Individuals and Households)	Unchanged
257749	Issue Fee Transmittal (Individuals and Households) Form	Unchanged
257747	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175) (Individuals and Households) Form	Unchanged
257746	Reissue Documentation (Individuals and Households)	Unchanged
257745	Certificate of Correction (Individuals and Households) Form	Unchanged
239633	Reissue Application: Consent of Assignee; Statement of Non-assignment (Private Sector) Form	Unchanged
239632	Reissue Patent Application Transmittal (Private Sector) Form	Unchanged
239630	Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. § 115(d) and 37 CFR 1.64) (PS) Form	Unchanged
200486	Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (Private Sector)	Unchanged
179614	Reissue Application Fee Transmittal Form (Private Sector) Form	Modified
179613	Issue Fee Transmittal (Private Sector) Form	Modified
179605	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175(c)) (Private Sector) Form	Unchanged
179598	Reissue Documentation (Private Sector)	Modified

ICR Details

OMB Control No: 0651-0033	ICR Reference No: 202411-0651-001
Status: Received in OIRA	Previous ICR Reference No: 202303-0651-015
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Allowance and Refiling
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/20/2024

	Requested	Previously Approved
Expiration Date	03/31/2026	03/31/2026
Responses	426,301	426,301
Time Burden (Hours)	373,568	373,568
Cost Burden (Dollars)	399,030,189	358,297,401

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Abstract: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 and 151 to examine applications and, when appropriate, allow applications and issue them as patents. When an application for a patent is allowed by the USPTO, the USPTO issues a notice of allowance and the applicant must pay the specified issue fee (including the publication fee, if applicable) within three months to avoid abandonment of the application. This collection of information also encompasses several actions that may be taken after issuance of a patent, pursuant to Chapter 25 of Title 35 U.S.C. A certificate of correction may be requested to correct an error or errors in the patent. For an original patent that is believed to be wholly or partly inoperative or invalid, the assignee(s) or inventor(s) may apply for reissue of the patent, which entails several formal requirements, including provision of an oath or declaration specifically identifying at least one error being relied upon as the basis for reissue and stating the reason for the belief that the original patent is wholly or partly inoperative or invalid (e.g., a defective specification or drawing, or claiming more or less than the patentee had the right to claim in the patent). The public uses this information collection to request corrections of errors in issued patents, to submit applications for reissue patents, and to submit issue fee payments.

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Authorizing Statute(s): US Code: 35 USC 251-256 Name of Law: LEAHY–SMITH AMERICA INVENTS ACT
   US Code: 35 USC 151 Name of Law: HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
   US Code: 35 USC 41 Name of Law: HAGUE AGREEMENT CONCERNING INTERNATIONAL REGISTRATION OF INDUSTRIAL DESIGNS
   US Code: 35 USC 131 Name of Law: LEAHY–SMITH AMERICA INVENTS ACT
   US Code: 35 USC 115 Name of Law: LEAHY-SMITH AMERICA INVENTS TECHNICAL CORRECTIONS
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 71307	11/22/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 5860	01/30/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 18

IC Title	Form No.	Form Name
Certificate of Correction (Individuals and Households)	PTO/SB/44	Certificate of Correction
Certificate of Correction (Private Sector)	PTO/SB/44	Certificate of Correction
Issue Fee Transmittal (Individuals and Households)	PTOL-85B	Issue Fee Transmittal
Issue Fee Transmittal (Private Sector)	PTOL-85B	Issue Fee Transmittal
Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (Individuals and Households)
Petition to Correct Assignee After Payment of Issue Fee (37 CFR 3.81(b)) (Private Sector)
Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. § 115(d) and 37 CFR 1.64) (IH)	PTO/AIA/05, PTO/AIA/06, PTO/AIA/07	Reissue Application Declaration by the Inventor ,   Reissue Application by the Assignee ,   Substitute Statement in Lieu of an Oath of Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64
Reissue Application Declaration by the Inventor or the Assignee or Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C. § 115(d) and 37 CFR 1.64) (PS)	PTO/AIA/05, PTO/AIA/06, PTO/AIA/07	Reissue Application Declaration by the Inventor ,   Reissue Application by the Assignee ,   Substitute Statement in Lieu of an Oath of Declaration for Reissue Patent Application (35 U.S.C. 115(d) and 37 CFR 1.64
Reissue Application Fee Transmittal Form (Individuals and Households)	PTO/SB/56	Reissue Application Fee Transmittal Form
Reissue Application Fee Transmittal Form (Private Sector)	PTO/SB/56	Reissue Application Fee Transmittal Form
Reissue Application: Consent of Assignee; Statement of Non-assignment (Individuals and Households)	PTO/SB/53, PTO/AIA/53	Reissue Application: Consent of Assignee; Statement of Non-assignment ,   Reissue Application: Consent of Assignee; Statement of Non-Assignment
Reissue Application: Consent of Assignee; Statement of Non-assignment (Private Sector)	PTO/SB/53, PTO/AIA/53	Reissue Application: Consent of Assignee; Statement of Non-assignment ,   Reissue Application: Consent of Assignee; Statement of Non-Assignment
Reissue Documentation (Individuals and Households)
Reissue Documentation (Private Sector)
Reissue Patent Application Transmittal (Individuals and Households)	PTO/AIA/50	Reissue Patent Application Transmittal
Reissue Patent Application Transmittal (Private Sector)	PTO/AIA/50	Reissue Patent Application Transmittal
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175(c)) (Private Sector)	PTO/SB/51, PTO/SB/51S , PTO/SB/52	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175) ,   Reissue Declaration by the Inventor ,   Reissue Application Declaration by the Assignee
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175) (Individuals and Households)	PTO/SB/51, PTO/SB/51S , PTO/SB/52	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175) ,   Reissue Application Declaration by the Inventor ,   Reissue Application Declaration by the Assignee

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ICR Summary of Burden

	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	426,301	426,301	0	0	0	0
Annual Time Burden (Hours)	373,568	373,568	0	0	0	0
Annual Cost Burden (Dollars)	399,030,189	358,297,401	0	40,732,788	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $2,575,342

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 11/20/2024

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