New
collection (Request for a new OMB Control Number)
No
Regular
09/27/2023
Requested
Previously Approved
36 Months From Approved
411,817
0
123,877
0
49,588,160
0
As specified in §1.16(u), the fee is
due for any application filed under 35 U.S.C. 111 for an original
patent—except design, plant, or provisional applications—where the
specification, claims, and/or abstract do not conform to the USPTO
requirements for submission in the DOCX format. Therefore, the fee
is due for nonprovisional utility applications filed under 35
U.S.C. 111, including continuing applications, that are not filed
in the DOCX format. The items in this new information collection
relate solely to the impacts of the § 1.16(u) non-DOCX filing
surcharge fee on the filing of nonprovisional utility applications
under 35 U.S.C. 111, including continuing applications. In
particular, this new information collection accounts for the
§ 1.16(u) non-DOCX filing surcharge fee itself, as well as an
additional 30 minutes of time to accommodate (i) the extra review
that some respondents may undertake as they start to become more
familiar with the DOCX format and (ii) submission of the back-up
applicant-generated PDF that some respondents will opt to submit.
The estimated volumes for the items in this new information
collection are based on the estimates for the corresponding
nonprovisional utility applications filed under 35 U.S.C. 111,
including continuing applications, that are covered under an
existing OMB clearance (0651-0032; Initial Patent Applications).
Respondents for the items in the new information collection will
either take an extra 30 minutes to file their applications in DOCX
format or they will pay the non-DOCX surcharge, they will not do
both.
This is a new information
collection to support the submission to the USPTO of applications
in the DOCX format. The USPTO is adopting the DOCX format because
it aligns with the USPTO’s plans to expand automation of the patent
application process, which will increase efficiencies and reduce
costs for applicants and the USPTO.
$0
No
Yes
No
No
No
No
No
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.