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pdfSUPPORTING STATEMENT
United States Patent and Trademark Office
Patent Term Extension
OMB CONTROL NUMBER 0651-0020
(August 2013)
A.
JUSTIFICATION
1.
Necessity of Information Collection
The patent term restoration portion of the Drug Price Competition and Patent Term
Restoration Act of 1984 (P.L. 98-417), which is codified at 35 U.S.C. § 156, permits the
United States Patent and Trademark Office (USPTO) to extend the term of protection
under a patent to compensate for delay during regulatory review and approval by the
Food and Drug Administration (FDA) or Department of Agriculture. Only patents for
drug products, medical devices, food additives, or color additives are potentially eligible
for extension. The maximum length that a patent may be extended under 35 U.S.C. §
156 is five years.
Under 35 U.S.C. § 156(d), an application for patent term extension must identify the
approved product; the patent to be extended; and the claims included in the patent that
cover the approved product, a method of using the approved product, or a method of
manufacturing the approved product. 35 U.S.C. § 156(d) also requires the application
for patent term extension to provide a brief description of the activities undertaken by
the applicant during the regulatory review period with respect to the approved product
and the significant dates of these activities. Under 35 U.S.C. § 156(e), an interim
extension may be granted if the term of an eligible patent for which an application for
patent term extension has been submitted would expire before a certificate of extension
is issued.
The USPTO administers 35 U.S.C. § 156 through 37 CFR 1.710-1.791. These rules
provide for the public to, inter alia, submit 35 U.S.C. § 156 patent term extension
applications to the USPTO, request interim extensions and review of final eligibility
decisions, and withdraw an application requesting a patent term extension after it is
submitted.
Separate from the extension provisions of 35 U.S.C. § 156, the USPTO may in some
cases extend the term of an original patent due to certain delays in the prosecution of
the patent application, including delays caused by interference proceedings, secrecy
orders, or appellate review by the Patent Trial and Appeal Board or a Federal court in
which the patent is issued pursuant to a decision reversing an adverse determination of
patentability. The patent term provisions of 35 U.S.C. § 154(b), as amended by Title IV,
Subtitle D of the Intellectual Property and Communications Omnibus Reform Act of
1999, require the USPTO to notify the applicant of the patent term adjustment in the
notice of allowance and give the applicant an opportunity to request reconsideration of
the USPTO’s patent term adjustment determination.
The USPTO may also reduce the amount of patent term adjustment granted if delays
were caused by an applicant’s failure to make a reasonable effort to respond within
three months of the mailing date of a communication from the USPTO. Applicants may
petition for reinstatement of a reduction in patent term adjustment with a showing that,
in spite of all due care, the applicant was unable to respond to a communication from
the USPTO within the three-month period. The USPTO administers 35 U.S.C. § 154
through 37 CFR 1.701-1.705.
2.
Needs and Uses
The public uses this information collection to file requests related to patent term
extensions and reconsideration or reinstatement of patent term adjustments. The
information in this collection is used by the USPTO to consider whether an applicant is
eligible for a patent term extension or reconsideration of a patent term adjustment and,
if so, to determine the length of the patent term extension or adjustment.
The Information Quality Guidelines from Section 515 of Public Law 106-554, Treasury
and General Government Appropriations Act for Fiscal Year 2001, apply to this
information collection, and this information collection and its supporting statement
comply with all applicable information quality guidelines, i.e. OMB and specific operating
unit guidelines.
Table 1 lists the specific statutes and regulations authorizing the USPTO to collect this
information and outlines how this information is used by the public and the USPTO:
Table 1: Information Requirements and Needs and Uses of Information Collected
Item
#
1
2
3
Requirement
Statute
Rule
Form #
Needs and Uses
Application to
Extend Patent
Term Under 35
U.S.C. § 156
35 U.S.C. §
156(d)(1)-(4)
37 CFR
1.740-1.741
No Form
Associated
Request for
Interim
Extension Under
35 U.S.C. §
156(e)(2)
35 U.S.C. §
156(e)(2)
Petition to
Review Final
Eligibility
Decision Under
37 CFR 1.750
35 U.S.C. §
156(d)
37 CFR 1.760
No Form
Associated
37 CFR 1.750
No Form
Associated
2
Used by the public to apply for a patent
term extension.
Used by the USPTO and the Department of
Health and Human Services or the
Department of Agriculture to determine
eligibility of a patent for extension and to
determine the period of extension.
Used by the public to request an interim
extension.
Used by the USPTO to trigger an interim
extension before processing of the
application has been completed.
Used by the public to petition the USPTO to
review final eligibility decisions.
Used by the USPTO to review final
eligibility decisions, as long as the petition
is filed within a set time.
Item
#
4
5
6
7
8
9
Requirement
Statute
Rule
Form #
Needs and Uses
Initial
Application for
Interim
Extension Under
35 U.S.C. §
156(d)(5)
35 U.S.C. §
156(d)(5)
37 CFR 1.790
No Form
Associated
Subsequent
Application for
Interim
Extension Under
35 CFR 1.790
35 U.S.C. §
156(d)(5)
Response to
Requirement to
Elect
35 U.S.C. §
156(c)(4)
Response to
Request to
Identify Holder
of Regulatory
Approval
35 U.S.C. §
156(d)(1)(E)
Declaration to
Withdraw an
Application to
Extend Patent
Term
35 U.S.C. §
156
Petition for
Reconsideration
of Patent Term
Adjustment
Determination
35 U.S.C. §
154(b)(3)(B)(ii)
37 CFR 1.790
No Form
Associated
37 CFR
1.785(b)
No Form
Associated
37 CFR
1.785(d)
No Form
Associated
37 CFR 1.770
No Form
Associated
37 CFR 1.705
No Form
Associated
10
11
Petition for
Reinstatement
of Reduced
Patent Term
Adjustment
35 U.S.C. §
154(b)(3)(C)
Petition to
Accord a Filing
Date to an
Application
Under 37 CFR
1.740 for
Extension of a
Patent Term
35 U.S.C. §
156(d)(1)-(4)
37 CFR 1.705
No Form
Associated
37 CFR
1.741(b)
No Form
Associated
3
Used by the public to apply for an interim
extension.
Used by the USPTO to determine eligibility
of a patent for interim extension.
Used by the public to apply for a
subsequent interim extension.
Used by the USPTO to determine eligibility
of a patent for subsequent interim
extension.
Used by the public to elect which patent of
more than one patent to extend.
Used by the USPTO to determine which
patent of more than one patent to extend,
or which regulatory review period of more
than one regulatory review period to use in
the determination of the length of patent
term extension.
Used by the public to declare eligibility to
apply for a patent term extension.
Used by the USPTO to determine eligibility
of patent owner to obtain an extension of a
patent.
Used by the public to withdraw an
application to extend a patent term.
Used by the USPTO to avoid extending
patents that the patent owner no longer
seeks to extend.
Used by the patentee to correct errors in
the USPTO’s patent term adjustment
determination.
Used by the USPTO to determine whether
its patent term adjustment determination is
in error.
Used by the USPTO to determine the
correct patent term adjustment.
Used by the patentee to request
reinstatement of reduced patent term
adjustment.
Used by the USPTO to determine whether
the patentee is entitled to reinstatement of
reduced patent term adjustment.
Used by the patentee to request review of a
notice of an incomplete application for
extension of a patent term and to request a
filing date.
Used by the USPTO to determine the filing
date for an application for extension of a
patent term.
3.
Use of Information Technology
Except for the Application to Extend Patent Term Under 35 U.S.C. § 156 and the Initial
Application for Interim Extension Under 35 U.S.C. § 156(d)(5), customers may submit
the items in this information collection electronically through EFS-Web, the USPTO’s
online filing system for patent applications and related documents. EFS-Web allows
customers to file requests related to patent term extensions and adjustments through
their standard Web browser without downloading special software, changing their
documentation preparation tools, or altering their workflow processes. Customers may
create their requests using the tools and processes that they already use and then
convert those documents into standard PDF files that are submitted through EFS-Web
to the USPTO.
Registered and unregistered users can file documents through EFS-Web. The
documents of registered users are protected using a Public Key Infrastructure (PKI)
system and digital certificates which provide authentication and encryption security. For
filers who are not registered, the documents are submitted to EFS-Web using Transport
Layer Security (TLS) or Secure Socket Layer (SSL) protocol.
EFS-Web offers many benefits to filers, including immediate notification that a
submission has been received by the USPTO, automated processing of requests, and
avoidance of postage and other paper delivery costs. Users can access EFS-Web from
any computer with an Internet connection. Since EFS-Web is hosted on the USPTO’s
secure servers and not on the individual’s personal computer, USPTO staff can update
EFS-Web without requiring any action from the user. Customers can submit fee
payments and other requests in real time. The PDF forms can be passed around to
multiple users for collaboration.
EFS-Web integrates with the Patent Application Information Retrieval (PAIR) system,
the USPTO’s online database that is available through the USPTO Web site. PAIR
uses digital certificates to permit only authorized individuals to access information about
pending patent applications and to maintain the confidentiality and integrity of the
information as it is transmitted over the Internet. Information for issued patents,
including patent term adjustments, is available to the general public. The USPTO also
publishes determinations on applications for patent term extensions directly on the
USPTO Web site.
4.
Efforts to Identify Duplication
This information is collected only when an applicant submits a request related to a
patent term extension or patent term adjustment. Requests for patent term extensions
can only be filed with the USPTO. The information needed by the USPTO, the
Department of Health and Human Resources, the Department of Agriculture, or other
Federal government agencies to consider such requests is not already available from
4
any other source. This information is not collected elsewhere and does not result in a
duplication of effort.
5.
Minimizing Burden to Small Entities
The USPTO does not expect that this collection will have a significant economic impact
on a substantial number of small businesses or other small entities. Patent term
extensions under 35 U.S.C. § 156 are only for patents for drug products, medical
devices, food or color additives, or methods of using or manufacturing such products,
devices, or additives. Patent term extensions are typically requested by large
pharmaceutical companies because of the expense required to develop and obtain
marketing approval for such inventions. The same information is required from every
respondent, and this information is not available from any other source.
Pursuant to section 10(b) of the Leahy-Smith America Invents Act (AIA), the USPTO
provides a 50% reduction in the fees for certain patent filings by small entity applicants,
such as independent inventors, small businesses, and nonprofit organizations who meet
the definition of a small entity provided at 37 CFR 1.27. Also pursuant to section 10(b)
of the AIA, the USPTO provides a 75% 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.
The reduced patent fees for small and micro entity filers of the Petition to Accord a
Filing Date to an Application Under 37 CFR 1.740 for Extension of a Patent Term are
listed at 37 CFR 1.17(f). No significant burden is placed on small or micro entities, in
that small entities must only identify themselves as such in order to obtain these
benefits, and micro entities must only provide a certification of micro entity status. An
assertion or certification of small or micro entity status, respectively, only needs to be
filed once in an application or patent (although a fee may be paid in the micro entity
amount only if the applicant or patentee is still entitled to micro entity status on the date
the fee is paid).
6.
Consequences of Less Frequent Collection
The information for a patent term or interim extension is collected only when the
applicant files an application with the USPTO and could not be collected less frequently.
If the information were not collected as provided in 35 U.S.C. § 156(d)(1) or (d)(5), the
Director of the USPTO, the Secretary of Health and Human Services, and the Secretary
of Agriculture would not have access to the information required to determine whether
the applicant is eligible for a patent term extension and, if so, the period of the
extension.
There is no requirement that any patent owner apply for an extension. However, if a
request for an extension is made, sufficient information is required by the agencies to
determine whether the statutory requirements for the special benefit have been met.
5
There is no set frequency of periodic intervals in which the information requested must
be supplied. The submission of a request for a patent term extension is at the
discretion of the patent owner and is normally limited to one submission within 60 days
of approval of a product for commercial use or sale by the Food and Drug
Administration or the Department of Agriculture.
The information for the petitions for reconsideration of patent term adjustment
determination and for reinstatement of reduced patent term adjustment is collected only
as requested and is not found elsewhere. If the information were not collected, the
USPTO would not be able to comply with the statute and regulations that permit
applicants to request reconsideration of a patent term adjustment determination.
7.
Special Circumstances in the Conduct of Information Collection
There are no special circumstances associated with this collection of information.
8.
Consultations Outside the Agency
A 60-Day Notice was published in the Federal Register on May 28, 2013 (78 Fed. Reg.
31885). The comment period ended on July 29, 2013. No public comments were
received.
9.
Payment or Gifts to Respondents
This information collection does not involve a payment or gift to any respondent.
10.
Assurance of Confidentiality
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. Patent term extensions involve issued patents
and therefore typically do not have confidentiality issues, but there may be
confidentiality considerations for patent term adjustments.
11.
Justification for Sensitive Questions
None of the required information in this collection is considered to be sensitive.
12.
Estimate of Hour and Cost Burden to Respondents
Table 2 calculates the burden hours and costs of this information collection to the
public, based on the following factors:
6
Respondent Calculation Factors
The USPTO estimates that it will receive approximately 1,950 responses per
year for this collection, with approximately 25% of these responses submitted by
small entities. Approximately 90% of the total responses for this collection will be
submitted electronically.
These estimates are based on the Agency’s long-standing institutional
knowledge of and experience with the type of information collected by these
items.
Burden Hour Calculation Factors
The USPTO estimates that it will take the public from 1 to 25 hours, depending
on the complexity and type of filing, to gather the necessary information, prepare
the appropriate documents, and submit the information to the USPTO.
These estimates are based on the Agency’s long-standing institutional
knowledge of and experience with the type of information collected and the
length of time necessary to complete responses containing similar or like
information.
Cost Burden Calculation Factors
The USPTO uses a professional rate of $371 per hour for respondent cost
burden calculations, which is the mean rate for attorneys in private firms as
shown in the 2011 Report of the Economic Survey, published by the Committee
on Economics of Legal Practice of the American Intellectual Property Law
Association (AIPLA).
Table 2: Burden Hour/Burden Cost to Respondents
Item
#
Item
Hours
(a)
Responses
(yr)
(b)
Burden
(hrs/yr)
(c)
(a x b)
25.0
60
1,500
$371.00
$556,500.00
1.0
10
10
$371.00
$3,710.00
Rate
($/yr)
(d)
Total Cost
($/yr)
(e)
(d x e)
1
Application to Extend Patent Term Under 35
U.S.C. § 156
2
Request for Interim Extension Under 35
U.S.C. § 156(e)(2)
3
Petition to Review Final Eligibility Decision
Under 37 CFR 1.750
25.0
3
75
$371.00
$27,825.00
4
Initial Application for Interim Extension
Under
35 U.S.C. § 156(d)(5)
20.0
3
60
$371.00
$22,260.00
5
Subsequent Application for Interim
Extension Under 37 CFR 1.790
1.0
1
1
$371.00
$371.00
6
Response to Requirement to Elect
1.0
10
10
$371.00
$3,710.00
7
Response to Request to Identify Holder of
Regulatory Approval
2.0
1
2
$371.00
$742.00
7
Item
#
Item
Hours
(a)
Responses
(yr)
(b)
Burden
(hrs/yr)
(c)
(a x b)
Rate
($/yr)
(d)
Total Cost
($/yr)
(e)
(d x e)
8
Declaration to Withdraw an Application to
Extend Patent Term
2.0
1
2
$371.00
$742.00
9
Petition for Reconsideration of Patent Term
Adjustment Determination
3.0
1,850
5,550
$371.00
$2,059,050.00
10
Petition for Reinstatement of Reduced
Patent Term Adjustment
4.0
10
40
$371.00
$14,840.00
11
Petition to Accord a Filing Date to an
Application Under 37 CFR 1.740 for
Extension of a Patent Term
2.0
1
2
$371.00
$742.00
- - - -
1,950
7,252
- - - - -
$2,690,492.00
Totals
13.
Total Annual (Non-hour) Cost Burden
This total annual (non-hour) cost burden for this collection is calculated in Table 3
below. Postage fees are included in this ICR; filing fees are covered under 0651-0072.
This collection has no capital start-up, maintenance, or recordkeeping costs.
Postage
The USPTO expects that the Application to Extend Patent Term Under 35 U.S.C. § 156,
the Initial Application for Interim Extension Under 35 U.S.C. § 156(d)(5), and
approximately 7% of the other responses for this collection will be submitted by mail
with an average first-class postage cost of 46 cents per submission.
Table 3: Annual (Non-hour) Postage Costs to Respondents
Item
#
Type of cost
Estimated
annual
responses
1
Application to Extend Patent Term Under 35 U.S.C. § 156 – postage
for mailed submissions
4
Initial Application for Interim Extension Under
35 U.S.C. § 156(d)(5) – postage for mailed submissions
2, 3,
5-11
Amount
Totals
60
$0.46
$28.00
3
$0.46
$1.00
Postage for all other mailed submissions (7% of 1,887 other
responses)
132
$0.46
$61.00
Total postage for mailed submissions
195
……
$90.00
……
……
$90.00
Total annual (non-hour) cost burden
8
Fees
There are fees associated with the requirements in this collection but they are not
included in this information collection request. Instead, the filing fees are covered under
OMB control number 0651-0072 America Invents Act Section 10 Patent Fee
Adjustments, which was approved by OMB in January 2013. Filing fees are now being
removed from the burden calculations in this collection (0651-0020) to avoid doublecounting.
14.
Annual Cost to the Federal Government
The USPTO estimates that it takes a GS-5, step 1 employee between 15 minutes (0.25
hours) and 2 hours to process the information in this collection at an estimated cost of
$21.23 per hour (GS-5/1 hourly rate of $16.33 with 30% ($4.90) added for benefits and
overhead). Table 4 calculates the burden hours and costs to the Federal Government
for processing this information collection:
Table 4: Burden Hour/Cost to the Federal Government
Item
#
Item
Hours
(a)
Responses
(yr)
(b)
Burden
(hrs/yr)
(c)
(a x b)
Rate
($/yr)
(d)
Total Cost
($/yr)
(e)
(d x e)
1
Application to Extend Patent Term Under 35
U.S.C. § 156
2.00
60
120
$21.23
$2,548.00
2
Request for Interim Extension Under 35 U.S.C.
§ 156(e)(2)
0.50
10
5
$21.23
$106.00
3
Petition to Review Final Eligibility Decision
Under 37 CFR 1.750
0.25
3
1
$21.23
$21.00
4
Initial Application for Interim Extension Under
35 U.S.C. § 156(d)(5)
0.50
3
2
$21.23
$42.00
5
Subsequent Application for Interim Extension
Under 37 CFR 1.790
0.50
1
1
$21.23
$21.00
6
Response to Requirement to Elect
0.25
10
3
$21.23
$64.00
7
Response to Request to Identify Holder of
Regulatory Approval
0.25
1
0
$21.23
$0.00
8
Declaration to Withdraw an Application to
Extend Patent Term
0.25
1
0
$21.23
$0.00
9
Petition for Reconsideration of Patent Term
Adjustment Determination
1.00
1,850
1,850
$21.23
$39,276.00
10
Petition for Reinstatement of Reduced Patent
Term Adjustment
1.00
10
10
$21.23
$212.00
11
Petition to Accord a Filing Date to an Application
Under 37 CFR 1.740 for Extension of a Patent
Term
0.25
1
0
$21.23
$0.00
- - - -
1,950
1,992
- - - -
$42,290.00
Totals
9
15.
Reasons for Changes in Burden from the Current Inventory
The USPTO is submitting the following changes for this renewal:
Adjusting the estimated annual responses and burden hours.
Removing one information requirement, the Request for Recalculation of Patent
Term Adjustment in View of Wyeth (PTO/SB/131), because the information is no
longer being collected.
Removing the fees associated with the information requirements in this collection
because these fees have been moved into information collection 0651-0072
America Invents Act Section 10 Patent Fee Adjustments, which was approved by
OMB in January 2013 in conjunction with the USPTO rulemaking “Setting and
Adjusting Patent Fees” (RIN 0651-AC54). The corresponding fees are now
being removed from 0651-0020 to avoid double-counting those annual (nonhour) costs in the USPTO’s inventory.
Removing recordkeeping costs.
Adjusting the estimated number of mailed submissions and the estimated
postage rate.
OMB previously approved this information collection in August 2010 with a total of
13,586 responses, 7,808 burden hours, and $396,916 in annual (non-hour) costs.
There have been no interim approvals.
Changes in Responses and Burden Hours from the Current Inventory
The USPTO estimates total annual responses of 1,950 and total annual burden hours of
7,252, which is a net decrease of 11,636 responses and 556 burden hours from the
currently approved burden for this collection.
These changes are due to administrative adjustments from updated annual response
estimates and program changes from the removal of one item from this collection, the
Request for Recalculation of Patent Term Adjustment in View of Wyeth (PTO/SB/131).
Table 5a: Changes in Responses from the Current Inventory
Item
#
Item
1
Application to Extend Patent Term Under
35 U.S.C. § 156
2
Request for Interim Extension Under 35
U.S.C. § 156(e)(2)
Currently
approved
responses
Updated
responses
Total
change in
responses
Change in
responses
(program)
Change in
responses
(admin.)
40
60
20
0
20
1
10
9
0
9
10
Item
#
Item
Currently
approved
responses
Updated
responses
Total
change in
responses
Change in
responses
(program)
Change in
responses
(admin.)
3
Petition to Review Final Eligibility Decision
Under 37 CFR 1.750
3
3
0
0
0
4
Initial Application for Interim Extension
Under
35 U.S.C. § 156(d)(5)
3
3
0
0
0
5
Subsequent Application for Interim
Extension Under 37 CFR 1.790
1
1
0
0
0
6
Response to Requirement to Elect
5
10
5
0
5
7
Response to Request to Identify Holder of
Regulatory Approval
1
1
0
0
0
8
Declaration to Withdraw an Application to
Extend Patent Term
1
1
0
0
0
9
Petition for Reconsideration of Patent Term
Adjustment Determination
1,500
1,850
350
0
350
30
10
(20)
0
(20)
1
1
0
0
0
Request for Recalculation of Patent Term
Adjustment in View of Wyeth (PTO/SB/131)
- (being removed)
12,000
0
(12,000)
(12,000)
0
Totals
13,586
1,950
(11,636)
(12,000)
364
Total
change in
hours
Change in
hours
(program)
Change in
hours
(admin.)
10
Petition for Reinstatement of Reduced
Patent Term Adjustment
11
Petition to Accord a Filing Date to an
Application Under 37 CFR 1.740 for
Extension of a Patent Term
Table 5b: Changes in Burden Hours from the Current Inventory
Item
#
Item
1
Application to Extend Patent Term Under
35 U.S.C. § 156
2
Request for Interim Extension Under 35
U.S.C. § 156(e)(2)
3
Currently
approved
hours
Updated
hours
1,000
1,500
500
0
500
1
10
9
0
9
Petition to Review Final Eligibility Decision
Under 37 CFR 1.750
75
75
0
0
0
4
Initial Application for Interim Extension
Under
35 U.S.C. § 156(d)(5)
60
60
0
0
0
5
Subsequent Application for Interim
Extension Under 37 CFR 1.790
1
1
0
0
0
6
Response to Requirement to Elect
5
10
5
0
5
7
Response to Request to Identify Holder of
Regulatory Approval
2
2
0
0
0
11
Item
#
Item
8
Declaration to Withdraw an Application to
Extend Patent Term
9
Petition for Reconsideration of Patent Term
Adjustment Determination
Currently
approved
hours
Updated
hours
Total
change in
hours
Change in
hours
(program)
Change in
hours
(admin.)
2
2
0
0
0
4,500
5,550
1,050
0
1,050
120
40
(80)
0
(80)
2
2
0
0
0
Request for Recalculation of Patent Term
Adjustment in View of Wyeth (PTO/SB/131)
- (being removed)
2,040
0
(2,040)
(2,040)
0
Totals
7,808
7,252
(556)
(2,040)
1,484
10
Petition for Reinstatement of Reduced
Patent Term Adjustment
11
Petition to Accord a Filing Date to an
Application Under 37 CFR 1.740 for
Extension of a Patent Term
Changes in Annual (Non-hour) Costs from the Current Inventory
The total annual (non-hour) cost burden for this renewal submission of $90 is a
decrease of $396,826 from the currently approved total of $396,916. This decrease is
due to program changes and administrative adjustments.
Program changes
Fees: The fees in this collection are being removed because they have been
moved into collection 0651-0072.
Recordkeeping: Removed costs associated with retaining acknowledgment
receipts from online submissions because keeping these items is a suggestion
and not a requirement.
Postage: Decrease in part due to the removal of one item from this collection, the
Request for Recalculation of Patent Term Adjustment in View of Wyeth
(PTO/SB/131).
12
Administrative adjustments
Postage: Increase in part due to adjustments in the estimated number of mailed
submissions as well as a small increase in USPS first-class postage rates since
the previous renewal.
Table 5c: Changes in Annual (Non-hour) Costs from the Current Inventory
Cost
Currently
approved annual
cost burden
Program changes
Administrative
adjustments
Filing fees
$358,680.00
($358,680.00)
$0.00
($358,680.00)
$0.00
$37,800.00
($37,800.00)
$0.00
($37,800.00)
$0.00
$436.00
($370.00)
$24.00
($346.00)
$90.00
$396,916.00
($396,850.00)
$24.00
($396,826.00)
$90.00
Recordkeeping
Postage
Totals
16.
Total change in
costs
Updated
annual cost
burden
Project Schedule
The USPTO does not plan to publish this information for statistical use or for any special
purpose. However, plant and utility patents granted are published weekly in the Official
Gazette of the United States Patent and Trademark Office for Patents (Official Gazette
for Patents), which is published in electronic format on the USPTO Web site. The
USPTO also publishes determinations on applications for patent term extension on the
USPTO Web site as required by the Freedom of Information Act and lists any
certificates of extension granted in the Official Gazette for Patents.
17.
Display of Expiration Date of OMB Approval
There are no forms in this information collection on which to display the OMB Control
Number and the expiration date of OMB approval.
18.
Exceptions to the Certificate Statement
This collection of information does not include any exceptions to the certificate
statement.
B.
COLLECTION OF INFORMATION EMPLOYING STATISTICAL METHODS
This collection of information does not employ statistical methods.
13
| File Type | application/pdf |
| File Modified | 2013-08-20 |
| File Created | 2013-08-20 |