0651-0075 2023 Patent Fee Review CWS 2023

0651-0075 2023 Patent Fee CWS 2023.docx

International Design Applications (Hague Agreement)

0651-0075 2023 Patent Fee Review CWS 2023

OMB: 0651-0075

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JUSTIFICATION FOR NONMATERIAL/NONSUBSTANTIVE CHANGE

International Design Applications (Hague Agreement)

OMB Control Number 0651-0075


Background


The United States Patent and Trademark Office (USPTO) administers the Leahy-Smith America Invents Act (AIA), which sets or adjusts patent fees established, authorized, or charged under Title 35, United States Code (U.S.C.). Section 10 prescribes that fees may be set or adjusted only to recover the aggregate estimated costs to the Office for processing, activities, services, and materials related to the patent and trademark processes. Section 10 authorities also includes flexibility to set individual fees in a way that furthers key policies factors, while factoring in the cost of the respective services.


This request is to update the fees for small and micro entities attached to collection 0651-0075 (International Design Applications (Hague Agreement)) that are affected by the rulemaking RIN 0651-AD66. There are four fees in this collection being reduced as a result of the Unleashing American Innovators Act of 2022.


Table 1: Increases in Fee Amount


IC No.


Item

Current Fee

New Fee

Changes in Fee Amount

1

Application for International Registration – Transmittal Fee

$60 (small entity)

$30 (micro entity)

$48 (small entity)

$24 (micro entity)

-$12 (small entity)

-$6 (micro entity)

6

Petition to convert an international design application to a design application under 35 U.S.C. chapter 16

$90 (small entity)

$45 (micro entity)

$72 (small entity)

$36 (micro entity)

-$18 (small entity)

-$9 (micro entity)


Table 2: Proposed Burden


IC No.


Item

Responses

(a)

Proposed Fee

(b)


Proposed Cost

(a) x (b) = (c)


1

Application for International Registration – Transmittal Fee

62 (small entity)

6 (micro entity)

$48 (small entity)

$24 (micro entity)

$2,976 (small entity)

$144 (micro entity)

6

Petition to convert an international design application to a design application under 35 U.S.C. chapter 16

1 (small entity)

1 (micro entity)

$72 (small entity)

$36 (micro entity)

$72 (small entity)

$36 (micro entity)


Totals

70

- - -

$3,228


Table 3: Changes in Cost


IC No.


Items

Current Cost

Proposed Cost

Change in Cost

1

Application for International Registration – Transmittal Fee

$3,720 (small entity)

$180 (micro entity)

$2,976 (small entity)

$144 (micro entity)

-$744 (small entity)

-$36 (micro entity)

6

Petition to convert an international design application to a design application under 35 U.S.C. chapter 16

$90 (small entity)

$45 (micro entity)

$72 (small entity)

$36 (micro entity)

-$18 (small entity)

-$9 (micro entity)


Totals

$4,035

$3,228

-$807


Summary of Changes


The aforementioned legislation results in the revision of four fees and a decrease of $807 in annual (non-hourly) costs to collection 0651-0075.


Changes in Burden


Burden Type

Currently Approved

Proposed Change

New Estimate

Non-hourly Cost Burden

$3,389,280

-$807

$3,388,473


0651-0075’s revised burden is as follows:


  • 1,706 in annual responses (unchanged)

  • 2,301 in annual hourly burden (unchanged)

  • $3,388,473 in annual (non-hourly) costs



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