Secrecy and License to Export

Forms and Documents

Document Name	Status
0651-0034 2024 Patent Fee Rule CWS.docx Justification for No Material/Nonsubstantive Change	2024-11-20
Leahy Smith America Invents Act-pub-l112-29.pdf Supplementary Document	2023-04-17
0651-0034 Supporting Statement Final.docx Supporting Statement A	2023-04-17
USPTO Information Quality Guidelines.pdf Supplementary Document	2023-04-03

IC Document Collections

IC ID	Document Title	Status
4737	Petition for Recission of Secrecy Order	Unchanged
180066	Petition for Retroactive License Other-Website	Modified
180064	Petition for Changing Scope of License Other-Website	Modified
180061	Petition for Expedited Handling of License (corresponding U.S. application) Other-Website	Modified
180057	Petition for Expedited Handling of License (no corresponding application) Other-Website	Modified
180056	Petition for General and Group Permits	Unchanged
180055	Petition to Disclose or Modification of Secrecy Order	Unchanged

ICR Details

OMB Control No: 0651-0034	ICR Reference No: 202410-0651-009
Status: Received in OIRA	Previous ICR Reference No: 202303-0651-022
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Secrecy and License to Export
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/20/2024

	Requested	Previously Approved
Expiration Date	06/30/2026	06/30/2026
Responses	7,524	7,524
Time Burden (Hours)	4,503	4,503
Cost Burden (Dollars)	1,545,020	1,446,446

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Abstract: In the interest of national security, patent laws and rules place certain limitations on the disclosure of information contained in patents and patent applications and on the filing of applications in foreign countries. In particular, whenever the publication or disclosure of an invention by the publication of an application or by the granting of a patent is, in the opinion of the head of an interested Government agency, determined to be detrimental to national security, the Commissioner for Patents of the USPTO must issue a secrecy order and withhold the publication of a patent application and the grant of a patent for such period as the national interest requires. The USPTO collects information to determine whether the patent laws and rules have been compiled with and to grant or revoke licenses to file abroad when appropriate. This collection is required by 35 U.S.C. 181-188 and administered through 37 CFR 5.1-5.33. Affected public includes private sector and individuals and households.

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Authorizing Statute(s): PL: Pub.L. 106 - 113 4701 Name of Law: An Act for consolidated appropriations
   PL: Pub.L. 112 - 29 33 Name of Law: Leahy Smith America Invents Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 79283	12/27/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 23008	04/14/2023
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 7

IC Title	Form No.	Form Name
Petition for Changing Scope of License
Petition for Expedited Handling of License (corresponding U.S. application)
Petition for Expedited Handling of License (no corresponding application)
Petition for General and Group Permits
Petition for Recission of Secrecy Order
Petition for Retroactive License
Petition to Disclose or Modification of Secrecy Order

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ICR Summary of Burden

	Total Request	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	7,524	7,524	0	0	0	0
Annual Time Burden (Hours)	4,503	4,503	0	0	0	0
Annual Cost Burden (Dollars)	1,545,020	1,446,446	0	98,574	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $321,776

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 11/20/2024

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