Patent Reexaminations and Supplemental Examinations

ICR 201809-0651-001

OMB: 0651-0064

Federal Form Document

Forms and Documents
Document
Name
Status
Form
Modified
Form
Modified
Supporting Statement A
2018-09-26
Justification for No Material/Nonsubstantive Change
2017-11-09
Justification for No Material/Nonsubstantive Change
2016-01-29
Supplementary Document
2013-10-17
IC Document Collections
IC ID
Document
Title
Status
219758
Removed
219757
Removed
219756
Removed
219755
Removed
219754
Removed
219753
Removed
219752
Removed
219751
Removed
219750
Removed
200894
Modified
200893
Modified
200892 Modified
191641
Modified
191640
Modified
191639
Modified
191638
Modified
191637
Modified
191636
Modified
191635
Modified
191634
Modified
191629
Modified
191628 Modified
ICR Details
0651-0064 201809-0651-001
Historical Active 201712-0651-009
DOC/PTO
Patent Reexaminations and Supplemental Examinations
Revision of a currently approved collection   No
Regular
Approved without change 11/19/2018
Retrieve Notice of Action (NOA) 09/28/2018
  Inventory as of this Action Requested Previously Approved
11/30/2021 36 Months From Approved 11/30/2018
1,540 0 13,814
32,963 0 196,099
2,747,178 0 34,762,340

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. Chapter 30 of Title 35 U.S.C. provides that any person at any time may file a request for reexamination by the USPTO of any claim of a patent on the basis of prior art patents or printed publications. Once initiated, the reexamination proceedings under Chapter 30 are substantially ex parte and do not permit input from third parties. The rules outlining ex parte reexaminations are found at 37 CFR 1.510-1.570. 35 U.S.C. 257 permits a patent owner to request supplemental examination of a patent by the USPTO to consider, reconsider, or correct information believed to be relevant to the patent. The rules outlining supplemental examination are found at 37 CFR 1.601-1.625. The Leahy-Smith America Invents Act terminated inter partes reexamination effective September 16, 2012. However, inter partes reexamination proceedings based on inter partes reexamination requests filed before September 16, 2012, continue to be prosecuted. Therefore, this collection continues to include items related to the prosecution of inter partes reexamination proceedings. The rules outlining inter partes reexaminations are found at 37 CFR 1.903-1.931. Thus, the items included in this collection cover (1) requests for ex parte reexamination, (2) requests for supplemental examination, and (3) information that may be submitted by patent owners and third-party requesters in relation to the prosecution of an ex parte or inter partes reexamination proceeding. It should be noted that the Requests for Ex Parte Reexamination and Supplemental Examination are distinct collections from the Request for Ex Parte Reexamination and Supplemental Examination Transmittal Forms, respectively. Whereas the transmittal forms are used by a requester (patent owner or third party) as a checklist to ensure compliance with the requirements of the statutes and rules for ex parte reexaminations and supplemental examinations, the requests themselves represent the substantive analysis undertaken by requesters of ex parte reexamination and supplemental examination. The public uses this information collection to request ex parte reexamination and supplemental examination, to prosecute reexamination proceedings, and to ensure that the associated documentation is submitted to the USPTO.

US Code: 35 USC 132 Name of Law: null
   US Code: 35 USC 301-318 Name of Law: null
   PL: Pub.L. 112 - 29 12 Name of Law: Leahy-Smith America Invents Act
   US Code: 35 USC 257 Name of Law: null
  
None

Not associated with rulemaking

  83 FR 31379 07/05/2018
83 FR 49069 09/28/2018
No

13
IC Title Form No. Form Name
Request for ex parte reexamination - granted
Supplemental Examination Request
Supplemental Examination document size; 21-50
Reexamination independent claims in excess of three and also in excess of the number of such claims in the patent under reexamination
Request for Ex Parte Reexamination Transmittal Form PTO/SB/57 Request for Ex Parte Reexamination Transmittal Form
Request for Ex Parte Reexamination
Patent Owner's 37 CFR 1.530 Statement
Third Party Requester's 37 CFR 1.535 Reply
Amendment in Ex Parte or Inter Partes Reexamination
Third Party Requester's 37 CFR 1.947 Comments in Inter Partes Reexamination
Response to Final Rejection in Ex Parte Reexamination
Patent Owner's 37 CFR 1.951 Response in Inter Partes Reexamination
Third Party Requester's 37 CFR 1.951 Comments in Inter Partes Reexamination
Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination
Petition in a Reexamination Proceeding (except for those specifically enumerated in 37 CFR 1.550(i) and 1.937(d))
Request for Supplemental Examination Transmittal Form PTO/SB/59 Request for Supplemental Examination Transmittal Form
Supplemental Examination document size fees; each additional 50
Reexamination claims in excess of 20 and also in excess of the number of claims in the patent under reexamination
Request for Supplemental Examination
Supplemental Examination Reexamination
Reexamination Petition
Request for ex parte reexamination - refused

  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 1,540 13,814 0 -9,644 -2,630 0
Annual Time Burden (Hours) 32,963 196,099 0 -101,009 -62,127 0
Annual Cost Burden (Dollars) 2,747,178 34,762,340 0 -33,181,910 1,166,748 0
No
Yes
Miscellaneous Actions
The decrease stemmed from administrative clean-up of how the burden is accounted for in the collection.

$67,439
No
    Yes
    Yes
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.
09/28/2018


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