Post Patent Public Submissions

Forms and Documents

Document Name	Status
Form PTO/SB/42 Information Disclosure Citation in a Patent Form	New
00xx Post Patent Public Submissions AIA-SupStmt Jan2012.pdf Supporting Statement A	2012-01-04

IC Document Collections

IC ID	Document Title	Status
200653	Information Disclosure Citation in a Patent Form	New
200652	Electronic Information Disclosure Citation in a Patent	New

ICR Details

OMB Control No: 0651-0067	ICR Reference No: 201112-0651-002
Status: Historical Inactive	Previous ICR Reference No:
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Patent Public Submissions
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 02/17/2012
	Date Received in OIRA: 01/05/2012
Terms of Clearance: OMB files this comment in accordance with 5 CFR 1320.11( c ). This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. Resubmit when proposed rule is finalized.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 et seq. to examine an application for patent and, when appropriate, issue a patent. Currently, the provisions of 35 U.S.C. 301 and 37 CFR 1.501 govern the ability of a person to cite to the USPTO in writing prior art consisting of patents or printed publications which that person believes to have a bearing on the patentability of any claim of a patent. On September 16, 2011, the Leahy-Smith America Invents Act was enacted into law. Section 6(g) of the Leahy-Smith America Invents Act amends 35 U.S.C 301 to expand the information that can be submitted in the file of an issued patent by including written statements made by a patent owner before a Federal court or the USPTO regarding the scope of any claim of the patent. This provision is effective on September 16, 2012 and the USPTO accordingly published a notice of proposed rulemaking titled "Changes to Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act (RIN 0651-AC66) in the Federal Register to implement it. In support of the proposed rulemaking, the USPTO is submitting this new information collection, Post Patent Public Submissions, and requesting that the item "Information Disclosure Citation in a Patent" (PTO/SB/42) be transferred out of the 0651-0031 Patent Processing (Updating) approved inventory and into this new collection.

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Authorizing Statute(s): PL: Pub.L. 112 - 29 6(g) Name of Law: Leahy-Smith America Invents Act
   US Code: 35 USC 301 Name of Law: null
  

Citations for New Statutory Requirements: PL: Pub.L. 112 - 29 6(g) Name of Law: Leahy-Smith America Invents Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0651-AC66	Proposed rulemaking	77 FR 442	01/05/2012

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Information Disclosure Citation in a Patent	PTO/SB/42	37 CFR 1.501 Information Disclosure Citation in a Patent
Electronic Information Disclosure Citation in a Patent

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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: The USPTO is submitting this new information collection request in support of a notice of proposed rulemaking titled "Changes to Implement Miscellaneous Post Patent Provisions of the Leahy-Smith America Invents Act" (RIN 0651-0066). This rule proposes a new requirement resulting from the Leahy-Smith America Invents Act (i.e., the submission of patent ownership statements) and is the sole means of accomplishing the purpose of the statute. The USPTO estimates that this new collection will add 1,000 responses, 10,000 burden hours, and $347 in annual (non-hour) postage costs to the USPTO's current information collection inventory as a program change.

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Annual Cost to Federal Government: $13,145

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

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

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? Uncollected

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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: 01/05/2012

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