Third-Party Submissions and Protests

ICR 201807-0651-004

OMB: 0651-0062

Federal Form Document

Forms and Documents
ICR Details
0651-0062 201807-0651-004
Active 201505-0651-003
DOC/PTO
Third-Party Submissions and Protests
Revision of a currently approved collection   No
Regular
Approved without change 09/19/2018
Retrieve Notice of Action (NOA) 07/27/2018
  Inventory as of this Action Requested Previously Approved
09/30/2021 36 Months From Approved 09/30/2018
1,450 0 1,560
14,500 0 15,600
89,498 0 237,619

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. 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 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 patens, 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 non-provisional 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. Protest 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)). As a result, there are several differences between protests and third-party submissions. For example, 37 CFR 1.291 permits the submission of information that is not permitted in a third-party submission under 37 CFR 1.290. Specifically, 37 CFR 1.291 provides for the submission of information other than publications, including any facts or information submitted. Unlike the concise explanation of the relevance required for a preissuance submission under 37 CFR 1.290, which is limited to a description of a document’s relevance, the concise explanation for a protest under 37 CFR 1.291 allows for arguments against patentability. Additionally, the specified time period for submitted a protest differs from the time period for submitting third party submissions and is impacted by whether the protest is accompanied by the written consent of the application. The information collected via third party submissions under 37 CFR 1.290 and via the 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.

US Code: 35 USC 131 Name of Law: null
   US Code: 35 USC 122(c) Name of Law: null
   US Code: 35 USC 122(e) Name of Law: null
   PL: Pub.L. 112 - 29 Section 8 Name of Law: Leahy-Smith America Invents Act
   US Code: 35 USC 151 Name of Law: null
  
PL: Pub.L. 112 - 29 125 Stat. 284 Name of Law: Leahy-Smith America Invents Act

Not associated with rulemaking

  83 FR 16836 04/17/2018
83 FR 34833 07/23/2018
No

  Total Approved 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 1,450 1,560 0 0 -110 0
Annual Time Burden (Hours) 14,500 15,600 0 0 -1,100 0
Annual Cost Burden (Dollars) 89,498 237,619 0 0 -148,121 0
No
No

$20,764
No
    No
    No
No
No
No
Uncollected
Raul Tamayo 571 272-7728 raul.tamayo@uspto.gov

  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.
07/27/2018


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