0651-0050 Supporting Statement 2023_Final

SUPPORTING STATEMENT

United States Patent and Trademark Office

Response to Office Action and Voluntary Amendment Forms

OMB CONTROL NUMBER 0651-0050

2023

A. JUSTIFICATION

1. Explain the circumstances that make the collection of information necessary. Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information.

This collection of information is required by the Trademark Act (Act), 15 U.S.C. § 1051 et seq., which provides for the registration of trademarks, service marks, collective trademark and service marks, collective membership marks, and certification marks. Individuals and businesses that use or intend to use such marks in commerce may file an application to register their marks with the United States Patent and Trademark Office (USPTO). This information collection generally contains information that is not submitted with the initial trademark application but is associated with, or required for, the USPTO review of applications for registration.

In some cases, the USPTO issues Office Actions to applicants who have applied to register a mark, to request information that was not provided with the initial submission but is required before the issuance of a registration. Also, the USPTO may determine that a mark is not entitled to registration, pursuant to one or more provisions of the Act. In such cases, the USPTO will issue an Office Action advising the applicant of the refusal to register the mark. Applicants reply to these Office Actions by providing the required information and/or by putting forth legal arguments as to why the refusal of registration should be withdrawn.

The USPTO administers the Act through Title 37 of the Code of Federal Regulations. These rules allow the USPTO to request and receive information required to process applications. These rules also allow applicants to submit certain amendments to their applications.

Applicants may also supplement their applications and provide further information by filing a Voluntary Amendment Not in Response to USPTO Office Action/Letter, a Request for Reconsideration after Final Office Action, a Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment, a Petition to Amend Basis Post-Publication, or a Response to Suspension Inquiry or Letter of Suspension.

Table 1 provides the specific statutes and regulations authorizing the USPTO to collect the information discussed above:

Table 1: Information Requirements to Collect Information Submitted After the Initial Trademark Application

Item No.	Requirement	Statute	Regulation
1	Response to Office Action	15 U.S.C. §§ 1056 and 1062	37 CFR Part 2, 2.61(b), 2.62, 2.63, 2.71-2.75, and 2.77
2	Voluntary Amendment Not in Response to USPTO Office Action/Letter	15 U.S.C. §§ 1051 and 1062	37 CFR Part 2, 2.71-2.75 and 2.77
3	Request for Reconsideration After Final Office Action	15 U.S.C. §§ 1051 and 1062	37 CFR Part 2, 2.61(b), 2.62, 2.64, 2.71-2.75
4	Post Approval/Publication/Post-Notice of Allowance (NOA) Amendment	15 U.S.C. § 1051	37 CFR Part 2, 2.71-2.75, 2.77 and 2.84
5	Petition to Amend Basis Post-Publication	15 U.S.C. § 1051	37 CFR Part 2, 2.77 and 2.84
6	Response to Suspension Inquiry or Letter of Suspension	15 U.S.C. §§ 1051 and 1062	37 CFR Part 2, 2.62 and 2.67

2. Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection.

The USPTO uses the information described in this collection to process the substantive submissions made during prosecution of the trademark application. The information in this information collection is a matter of public record and is used by the public for a variety of private business purposes related to establishing and enforcing trademark rights. The information is accessible online, through the USPTO website, as well as through various USPTO facilities. Additionally, the USPTO provides the information to other entities, including Patent and Trademark Resource Centers (PRTCs). The PRTCs maintain the information for use by the public. For more specific needs and uses of the collected information, see Table 2.

The information in this collection must be submitted electronically through the Trademark Electronic Application System (TEAS). In limited circumstances, applicants may also be permitted to submit the information in paper form by mail or hand delivery.

The information collected, maintained, and used in this information collection is based on OMB and USPTO guidelines. This includes the basic information quality standards established in the Paperwork Reduction Act (44 U.S.C. Chapter 35), in OMB Circular A-130, and in the USPTO information quality guidelines.

Table 2 outlines how this collection of information is used by the public and the USPTO:

Table 2: Needs and Uses

IC No.	Form/Function	Form No.	Needs and Uses
1	Response to Office Action	PTO-1957	Used by the public to submit information in response to an Office Action received from the USPTO after it is determined from the initial review that the application for registration is incomplete, and/or to submit arguments in response to a refusal of registration. Used by the public to pay additional fees. Used by the USPTO to collect information that the applicant did not supply in the original application and which the USPTO needs to complete the review of the application, and/or to review arguments submitted in response to a refusal of registration.
2	Voluntary Amendment Not in Response to USPTO Office Action/Letter	PTO-1966	Used by the public to request modification and/or addition to an already filed application. Used by the USPTO to review an application for registration.
3	Request for Reconsideration After Final Office Action	PTO-1960	Used by the public to request reconsideration of an examining attorney’s final refusal or requirement. Used by the USPTO to streamline and promote efficiency in the process once a final action has issued in an application for trademark registration. Used by the USPTO to eliminate the need for some appeals or petitions, and reduce the need for remands of applications on appeal.
4	Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment	PTO-1771	Used by the public to submit a proposed amendment to an application that has already been approved for publication, published, or allowed for registration on the Supplemental Register or for which a Notice of Allowance has issued. Used by the USPTO to determine whether a proposed amendment is acceptable and whether republication of the mark is required.
5	Petition to Amend Basis Post-Publication	PTO-1772	Used by the public to submit a petition to amend the basis after publication. Used by the USPTO to determine whether a proposed amendment to the basis is acceptable.
6	Response to Suspension Inquiry or Letter of Suspension	PTO-1822	Used by the public to submit a response to a suspension inquiry or letter of suspension received from the USPTO. Used by the USPTO to consider responses from applicants to actions related to suspended applications.

3. Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden.

The USPTO operates the following IT systems that support this information collection:

• Trademark Center

• Trademark Electronic Application System (TEAS)

• Trademark Status and Document Retrieval System (TSDR)

• Trademark Search

The USPTO provides online electronic forms through Trademark Center and eFile. Once completed, the forms are transmitted to the USPTO. The forms include “help” instructions, and “form wizards” that tailor the forms to the particular characteristics of the application(s) or registration(s) in question.

In addition to providing a system for electronic transmission of trademark submissions, the USPTO also provides the public with online access to various trademark records.

The USPTO maintains TSDR, an online image database that displays each document that makes up the “electronic file wrapper” of a trademark application or registration, and provides users with information regarding the status and prosecution history of trademark applications and registrations. The TSDR system is updated daily.

The USPTO also provides Trademark Search, a web-based record of registered marks, and marks for which applications for registration have been submitted. Trademark Search can be used by potential applicants for trademark registration to assist in the determination of whether a particular mark may be available. The data in Trademark Search is identical to the data reviewed by examining attorneys at the USPTO in their determination of whether there is, or may be, a likelihood of confusion between marks for which registration is sought and marks in existing registrations or pending applications for registration.

4. Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in Item 2 above.

This information collection does not solicit any data already available at the USPTO. This information collection does not create a duplication of effort.

5. If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

The USPTO expects that the submission of the information provided places no undue burden on small businesses or other small entities. The same information is required of every applicant and is not available from any other source.

6. Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden.

This information collection could not be conducted less frequently, since the information is collected only when voluntarily submitted by the public. If the information were not collected, the public would not be able to submit any of the information collection items listed above to the USPTO to provide the information contained in those items. If this information was not collected, the USPTO could not comply with the requirements of the Trademark Act and rules of practice (15 U.S.C. §§ 1051, 1056, 1062 and 37 CFR Part 2).

7. Explain any special circumstances that would cause an information collection to be conducted in a manner:

 requiring respondents to report information to the agency more often than quarterly;

 requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

 requiring respondents to submit more than an original and two copies of any document;

 requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records, for more than three years;

 in connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

 requiring the use of a statistical data classification that has not been reviewed and approved by OMB;  that includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported by disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

 requiring respondents to submit proprietary trade secrets, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information's confidentiality to the extent permitted by law.

There are no special circumstances associated with this collection of information.

8. If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB. Summarize public comments received in response to that notice and describe actions taken by the agency in response to these comments. Specifically address comments received on cost and hour burden. Describe efforts to consult with persons outside the agency to obtain their views on the availability of data, frequency of collection, the clarity of instructions and recordkeeping, disclosure, or reporting format (if any), and on the data elements to be recorded, disclosed, or reported. Consultation with representatives of those from whom information is to be obtained or those who must compile records should occur at least once every 3 years - even if the collection of information activity is the same as in prior periods. There may be circumstances that may preclude consultation in a specific situation. These circumstances should be explained.

The 60-Day Notice was published in the Federal Register on July 11, 2023 (88 FR 44113).¹ The comment period ended on September 11, 2023. No comments were received.

In addition, a 30-day notice was published in the Federal Register on September 29, 2023 (88 FR 67256). The public comment period ends on October 29, 2023.²

Several large and well-organized bar associations frequently communicate their views to the USPTO, as does the Trademark Public Advisory Committee (TPAC). The TPAC was created by the American Inventors Protection Act of 1999 to advise the Director of the USPTO on the agency’s operations, including its goals, performance, budget, and user fees. The TPAC includes 9 voting members who are appointed by and serve at the pleasure of the Secretary of Commerce. Members include inventors, lawyers, corporate executives, entrepreneurs, and academicians with significant experience in management, finance, science, technology, labor relations, and intellectual-property issues. The members of the TPAC reflect the broad array of USPTO’s stakeholders and embrace the USPTO’s e-government initiative. This diversity of interests is an effective tool in helping the USPTO nurture and protect the intellectual property that is the underpinning of America’s strong economy.

9. Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

This information collection does not involve a payment or gift to any respondent.

10. Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy. If the collection requires a systems of records notice (SORN) or privacy impact assessment (PIA), those should be cited and described here.

Trademark applications and registrations are open to public inspection. Confidentiality is not required in the processing of this information.

This information collection may contain information subject to the Privacy Act.

This information is collected on registration of trademarks, service marks, collective trademarks and service marks, collective membership marks, and certification marks. Individuals and businesses that use, or intend to use such marks in commerce may file an application to register their marks with the USPTO. Trademark Application information collection activities are covered under the Statement of Records Notice (SORN) COMMERCE/USPTO-26 Trademark Application and Registration Records; published on February 18, 2020 (85 FR 8847).³ This SORN identifies the categories of records in the system containing applications for trademark, including the name, citizenship, domicile, email address, postal address, and telephone number of the trademark applicant, registrant, and applicant’s or registrant’s legal or other authorized representative(s), an attorney’s law firm or company affiliation and professional licensing information, and other information pertaining to an applicant’s or registrant’s activities in connection with the applied-for or registered mark. Records in this system include trademark applications, applicant and registrant declarations, office actions, registration certificates, and correspondence generated in the course of the prosecution of a trademark application or maintenance of a trademark registration.

The applicable Privacy Impact Assessments for this information collection include the: Trademark Next Generation (TMNG) approved on September 9, 2021, available at https://osec.doc.gov/opog/privacy/PTO%20PIAs/TMNG_PIA_SAOP_Approved_FY21.pdf; Trademark Processing System – External Systems (TPS-ES) approved on March 24, 2022, available at https://osec.doc.gov/opog/privacy/pto%20pias/TPS-ES_PIA_SAOP_Approved.pdf; and the Trademark Processing System – Internal Systems (TPS-IS) approved on August 11, 2021, available at https://osec.doc.gov/opog/privacy/PTO%20PIAs/TPS-IS_PIA_SAOP_Approved_FY21.pdf.  TPS-ES and TPS-IS are Major Applications that provides customer support for processing Trademark applications for USPTO.  The applications underneath the TPS-ES and TPS-IS support the USPTO staff and public users through the trademark application and review processes.

The electronic forms also include links to the USPTO’s Web Privacy Policy and to the form’s burden statement at the bottom of each page.

11. Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons from whom the information is requested, and any steps to be taken to obtain their consent.

None of the required information in this collection is considered to be of a sensitive nature.

12. Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) of potential respondents is desirable. If the hour burden on respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hours for customary and usual business practices.

• If this request for approval covers more than one form, provide separate hour burden estimates for each form and aggregate the hour burdens.

• Provide estimates of annualized cost to respondents for the hour burdens for collections of information, identifying and using appropriate wage rate categories. The cost of contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included under ‘Annual Cost to Federal Government’.

• Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information.

Table 3 calculates the anticipated burden hours and costs of this information collection to the public, based on the following factors:

• Respondent Calculation Factors

The USPTO estimates that this collection will have 518,643 respondents from private sector entities. The USPTO further estimates that it will receive approximately 518,643 submissions per year under this information collection and that 99% of these responses will be filed electronically.

• Burden Hour Calculation Factors

The USPTO estimates that it takes the public approximately between 25 minutes (0.42 hours) and 50 minutes (0.83 hours), to gather the necessary information, create the document, and submit the completed request, depending upon the type of request and the method of submission (electronic or paper). Using these burden factors, the USPTO estimates that the total respondent hourly burden for this information collection is 420,113 hours per year.

• Cost Burden Calculation Factors

The USPTO uses a professional rate of $435 per hour for respondent cost burden calculations, which is the median rate for intellectual property attorneys in private firms as shown in the 2021 Report of the Economic Survey published by the American Intellectual Property Law Association (AIPLA).

Using this hourly rate, the USPTO estimates that the total respondent cost burden for this information collection is $182,749,155 per year.

Table 3: Total Burden Hours and Hourly Costs to Private Sector Respondents

Item No.	Item	Estimated Annual Respondents (a)	Responses per Respondent (b)	Estimated Annual Responses (a) x (b) = (c)	Estimated Time For Response (hours) (d)	Estimated Burden (hour/year) (c) x (d) = (e)	Rate4 ($/hour) (f)	Estimated Annual Respondent Cost Burden (e) x (f) = (g)
1	Response to Office Action (TEAS)	467,083	1	467,083	0.83 (50 minutes)	387,679	$435	$168,640,365
2	Voluntary Amendment Not in Response to USPTO Office Action/Letter (TEAS)	21,312	1	21,312	0.58 (35 minutes)	12,361	$435	$5,377,035
3	Request for Reconsideration After Final Office Action (TEAS)	16,446	1	16,446	0.83 (50 minutes)	13,650	$435	$5,937,750
4	Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment (TEAS)	3,330	1	3,330	0.58 (35 minutes)	1,931	$435	$839,985
5	Petition to Amend Basis Post-Publication (TEAS)	590	1	590	0.58 (35 minutes)	342	$435	$148,770
6	Response to Suspension Inquiry or Letter of Suspension (TEAS)	9,882	1	9,882	0.42 (25 minutes)	4,150	$435	$1,805,250
	Totals	518,643	- - -	518,643	- - -	420,113	- - -	$182,749,155

13. Provide an estimate for the total annual cost burden to respondents or record keepers resulting from the collection of information. (Do not include the cost of any hour burden already reflected on the burden worksheet).

• The cost estimate should be split into two components: (a) a total capital and start-up cost component (annualized over its expected useful life) and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major cost factors including system and technology acquisition, expected useful life of capital equipment, the discount rate(s), and the time period over which costs will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collections services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

There are no capital start-up, maintenance, or recordkeeping costs associated with this information collection. This collection has non-hourly cost burdens in both fees paid by the public and associated postage costs for mailing items to USPTO.

The total (non-hour) respondent cost burden for this collection is estimated to be $699,101 per year, which includes $647,500 in fees and $51,601 in postage.

Filing Fees

There are filing fees associated with this information collection, for a total of $6477,500 per year, as outlined in Table 4 below. Some fees are charged per class of goods or services. Therefore, the total fees can vary depending on the number of classes. The filing fees shown here are the minimum fees associated with this information collection.

Table 4: Filing Fees

Item No.	Fee Code	Item	Estimated Annual Responses (a)	Estimated Cost (b)	Estimated Non-Hour Cost Burden (a) x (b) = (c)
1	7008	Additional processing fee for application that does not meet TEAS Plus filing requirements, per class	5,000	$100	$500,000
5	7005	Petition to Amend Basis Post-Publication)	590	$250	$147,500
		Totals	5,590	- - -	$647,500

Postage Costs

The non-electronic items in this collection have associated first-class postage costs when submitted by mail, for a total of $51,601.

Although the USPTO requires that the items in this information collection be submitted electronically, in rare cases, the items may be submitted by mail through the United States Postal Service (USPS). The USPTO estimates that 1% of the 518,643 items will be submitted in the mail resulting in 5,186 mailed items. The USPTO estimates that the

average postage cost for a mailed submission, using a Priority Mail flat rate legal envelope, will be $9.95. Therefore, the USPTO estimates the total mailing costs for this information collection at $51,601.

14. Provide estimates of annualized costs to the Federal government. Also, provide a description of the method used to estimate cost, which should include quantification of hours, operational expenses (such as equipment, overhead, printing, and support staff), and any other expense that would not have been incurred without this collection of information. Agencies may also aggregate cost estimates from Items 12, 13, and 14 in a single table.

The USPTO employs people from levels GS-7, GS-9, and GS-11 through GS-14 to process submissions for this information collection, and uses a combined wage rate to calculate federal cost.

The USPTO estimates that the cost of a GS-7, step 2 employee is $34.18 per hour (GS hourly rate of $26.29 with 30% ($7.89) added for benefits and overhead).

The USPTO estimates that the cost of a GS-9, step 6 employee is $47.20 per hour (GS hourly rate of $36.31 with 30% ($10.89) added for benefits and overhead).

The USPTO estimates that the cost of a GS-11, step 5 employee is $55.48 per hour (GS hourly rate of $42.68 with 30% ($12.80) added for benefits and overhead).

The USPTO estimates that the cost of a GS-11, step 8 employee is $60.37 per hour (GS hourly rate of $46.44 with 30% ($13.93) added for benefits and overhead).

The USPTO estimates that the cost of a GS-12, step 5 employee is $66.50 per hour (GS hourly rate of $51.15 with 30% ($15.35) added for benefits and overhead).

The USPTO estimates that the cost of a GS-12, step 7 employee is $70.41 per hour (GS hourly rate of $54.16 with 30% ($16.25) added for benefits and overhead).

The USPTO estimates that the cost of a GS-13, step 5 employee is $79.08 per hour (GS hourly rate of $60.83 with 30% ($18.25) added for benefits and overhead).

The USPTO estimates that the cost of a GS-14, step 5 employee is $93.44 per hour (GS hourly rate of $71.88 with 30% ($21.56) added for benefits and overhead).

For responses to office actions, voluntary amendment not in response to USPTO office action/letter, request for reconsideration after final office action, and response to suspension inquiry or letter of suspension, a combined costs approach is used. The rates used are GS-7, step 2 ($34.18), GS-11, step 5 ($55.48), GS-12, step 5 ($66.50). GS-13, step 5 ($79.08), and GS-14, step 5 ($93.44). The average of these rates is $65.74.

For post-approval, publication, and post-notice of allowance (NOA) amendments, a combined costs approach is used. The rates used are GS-12, step 5 ($66.50) and GS-12, step 7 ($70.41). The average of these rates is $68.46.

For petitions to amend basis post-publication, a combined costs approach is used. The rates used are GS-9, step 6 ($47.20), GS-11, step 8 ($60.37), GS-12, step 5 ($66.50), and GS-12, step 7 ($70.41). The average of these rates is $61.12.

The USPTO estimates that it takes an employee approximately between 15 minutes (0.25 hours) and 50 minutes (0.83 hours) to process the information in this collection.

Table 5 calculates the burden hours and costs to the Federal Government for processing this information collection:

Table 5: Burden Hour/Cost to the Federal Government

Item No.	Item	Estimated Annual Responses (a)	Estimated Burden Hours (b)	Estimated Hourly Burden (a) x (b) = (c)	Rate5 ($/hr) (d)	Total Federal Government Cost (c) x (d) = (e)
1	Response to Office Action (TEAS)	467,083	0.83 (50 minutes)	687,679	$65.74	$25,486,017
2	Voluntary Amendment Not in Response to USPTO Office Action/Letter (TEAS)	21,312	0.33 (20 minutes)	7,033	$65.74	$462,349
3	Request for Reconsideration after Final Office Action (TEAS)	16,446	0.83 (50 minutes)	13,650	$65.74	$897,351
4	Post-Approval/Publication/Post-Notice of Allowance (NOA) Amendment (TEAS)	3,330	0.33 (20 minutes)	1,099	$68.46	$75,238
5	Petition to Amend Basis Post-Publication (TEAS)	590	0.33 (20 minutes)	195	$61.12	$11,918
6	Response to Suspension Inquiry or Letter of Suspension (TEAS)	9,882	0.25 (15 minutes)	2,474	$65.74	$162,444
	Totals	518,643	- - -	412,127	- - -	$27,095,317

15. Explain the reasons for any program changes or adjustments reported on the burden worksheet.

	Requested	Program Change Due to New Statute	Program Change Due to Agency Discretion	Change Due to Adjustment in Agency Estimate	Change Due to Potential Violation of the PRA	Previously Approved
Annual Number of Responses	518,643	0	0	124,987	0	93,665
Annual Time Burden (Hr)	420,113	0	0	167,055	0	253,058
Annual Cost Burden ($)	699,101	0	0	599,661	0	99,440

Change in Respondents and Hourly Burden due to Adjustment in Agency Estimate

The total number of respondents has increased by 124,978 due to estimated fluctuations in the number of responses/submissions in this information collection. This increase in the number of respondents and responses results in an increase of 167,550 hours in the annual time burden estimates.

Changes in Annual (Non-hour) Costs due to Adjustment in Agency Estimate

For this renewal, the USPTO estimates that the total annual (non-hour) costs will increase by $599,661 from the previous approval. This increase is due to estimated fluctuations in submissions for items that require a fee, a readjustment of filing fees, and estimated fluctuations of paper submissions.

15. For collections of information whose results will be published, outline plans for tabulation and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions.

There is no plan to publish this information for statistical use

15. If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

The forms in this information collection will display the OMB Control Number and the date on which OMB’s approval of this information collection exists.

15. Explain each exception to the topics of the certification statement identified in “Certification for Paperwork Reduction Act Submissions.”

No exceptions to the certificate statement are included in this collection of information.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This collection of information does not employ statistical methods.

1 https://www.govinfo.gov/content/pkg/FR-2023-07-11/pdf/2023-14607.pdf.

2 https://www.govinfo.gov/content/pkg/FR-2023-09-29/pdf/2023-21539.pdf

3 https://www.govinfo.gov/content/pkg/FR-2020-02-18/pdf/2020-03068.pdf.

4 2021 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); pg. F-27. The USPTO uses the average billing rate for intellectual property attorneys in private firms which is $435 per hour; (https://www.aipla.org/home/news-publications/economic-survey).

5 https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/salary-tables/pdf/2023/DCB_h.pdf.

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