Terminal Disclaimer (With Joint Research Agreement Enforcement Provision) to Obviate a Provisional Nonstatutory Double Patenting Rejection over a Reference Application
No material or nonsubstantive change to a currently approved collection
No
Regular
06/24/2026
table that charts list comparision
Requested
Previously Approved
11/30/2027
11/30/2027
2,435,597
2,435,597
536,896
535,466
416,012,715
418,399,275
The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. § 131 to examine an application for patent and, when appropriate, issue a patent. Also, the USPTO is required to publish patent applications, with certain exceptions, promptly after the expiration of a period of 18 months from the earliest filing date for which a benefit is sought under Title 35, United States Code ("eighteen-month publication"). Certain situations may arise which require that additional information be supplied in order for the USPTO to further process the patent or application. The USPTO administers the statutes through various sections of the rules of practice in 37 CFR Part 1.
During the processing of an application for a patent, the applicant or applicantâs representative may be required to submit additional information to the USPTO concerning the examination of a specific application. The specific information required to be submitted includes: requests for extension of time, abandonment of applications and the revival of abandoned applications, disclaimers, appeals, petitions, expedited examination of design applications, requests for continued examinations, request to inspect, copy, and access patent applications, and transmittal forms.
The information in this collection can be used by the USPTO to continue the processing of the patent or application to ensure that applicants are complying with the patent regulations and to aid in the prosecution of the application.
In support of RIN 0651-AD92 ,the USPTO is adjusting the estimated annual burden hours and non-hour costs in this information collection. The Rule increases the estimated time for response for Item 7 (Petition for Revival of an Application for Patent Abandoned Unintentionally) and Item 8 (Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing) from 1 hour to 1.2 hours. Additionally, the Rule changes the estimated number of fees paid associated with these items.
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.