Patent Petitions Related to Application and Reexamination Processing Fees

Forms and Documents

Document Name	Status
Form PTO/SB/23 Petition for Extension of Time Under 37 CFR 1.136(b) Form	Unchanged
Form PTO/SB/24A Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Form	Unchanged
Form PTO/SB/28 Petitions to Make Special Under Accelerated Examination Program (EFS-Web only) Form and Instruction	Unchanged
Form PTO/SB/140 Petitions (corresponding to the fee) under 37 CFR 1.17(h) (accepting color drawings or photographs, entry of a model or exhibit, withdraw an application from issue, defer issuance of a patent) Form and Instruction	Modified
Form PTO/AIA/17p Petitions (corresponding to the fee) under 37 CFR 1.17(g) (access assignment record, access application, expungement and return of information, and to suspend action in an application) Form and Instruction	Modified
Form PTO/AIA/17p Petitions (corresponding to the fee) under 37 CFR 1.17(f) (accord filing dates under 1.57(a) and 1.153(e), decision on question not specifically provided for, suspend rules) Form and Instruction	Modified
0651-0059 2024 Patent Fee Rules CWS.docx Justification for No Material/Nonsubstantive Change	2024-11-20
0651-0059 Supporting Statement 2024 Final.docx Supporting Statement A	2024-05-15
Leahy Smith America Invents Act-pub-l112-29.pdf Supplementary Document	2024-04-09
Information Quality Guidelines _ USPTO.pdf Supplementary Document	2024-04-09

IC Document Collections

IC ID	Document Title	Status
197825	Petition for Extension of Time Under 37 CFR 1.136(b) Form	Unchanged
197823	Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c) Form	Unchanged
197816	Petitions to Make Special Under Accelerated Examination Program (EFS-Web only) Form and Instruction	Unchanged
197778	Petitions (corresponding to the fee) under 37 CFR 1.17(h) (accepting color drawings or photographs, entry of a model or exhibit, withdraw an application from issue, defer issuance of a patent) Form and Instruction	Modified
197775	Petitions (corresponding to the fee) under 37 CFR 1.17(g) (access assignment record, access application, expungement and return of information, and to suspend action in an application) Form and Instruction	Modified
184453	Petitions (corresponding to the fee) under 37 CFR 1.17(f) (accord filing dates under 1.57(a) and 1.153(e), decision on question not specifically provided for, suspend rules) Form and Instruction	Modified

ICR Details

OMB Control No: 0651-0059	ICR Reference No: 202410-0651-015
Status: Received in OIRA	Previous ICR Reference No: 202404-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Patent Petitions Related to Application and Reexamination Processing Fees
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	09/30/2027	09/30/2027
Responses	50,953	50,953
Time Burden (Hours)	82,237	82,237
Cost Burden (Dollars)	4,887,062	4,023,729

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Abstract: The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. § 131 et seq. to examine an application for patent and, when appropriate, issue a patent. The USPTO also is required to publish patent applications, with certain exceptions, promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under Title 35, United States Code. Many actions taken by the USPTO during its examination of an application for patent or for reissue of a patent, or during its reexamination of a patent, are subject to review by an appeal to the Patent Trial and Appeal Board (PTAB); appeals to PTAB are covered in other OMB approved information collections (0651-0063 and 0651-0069). For other USPTO actions, review is in the form of administrative review obtained via submission of a petition to the USPTO. USPTO petitions practice also provides an opportunity for a patent applicant or owner to supply additional information that may be required in order for the USPTO to further process an application or patent. This information collection covers petitions filed in patent applications and reexamination proceedings that, when submitted to the USPTO, must be accompanied by the fee set forth in 37 CFR 1.17(f), (g), or (h). This information collection also covers the transmittals for the petitions fees.

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Authorizing Statute(s): US Code: 35 USC 2(b)(2) Name of Law: America Invents Act of 2011
  

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:
	89 FR 11819	02/15/2024
30-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 42452	05/15/2024
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 6

IC Title	Form No.	Form Name
Petition for Extension of Time Under 37 CFR 1.136(b)	PTO/SB/23	Petition for Extension of Time Under 37 CFR 1.136(b)
Petitions (corresponding to the fee) under 37 CFR 1.17(f) (accord filing dates under 1.57(a) and 1.153(e), decision on question not specifically provided for, suspend rules)	PTO/AIA/17p, PTO/SB/17p	Processing Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal ,   Processing Fee Under 37 CFR 1.17(f), (g)(1), (g)(2), & (h) Transmittal
Petitions (corresponding to the fee) under 37 CFR 1.17(g) (access assignment record, access application, expungement and return of information, and to suspend action in an application)	PTO/AIA/17p, PTO/SB/17p	Processing Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal ,   Processing Fee Under 37 CFR 1.17(f), (g)(1), (g)(2), & (h) Transmittal
Petitions (corresponding to the fee) under 37 CFR 1.17(h) (accepting color drawings or photographs, entry of a model or exhibit, withdraw an application from issue, defer issuance of a patent)	PTO/SB/140, PTO/AIA/17p, PTO/SB/17p	Petition to Withdraw an Application from Issue After Payment of the Issue Fee Under 37 CFR 1.313(c) ,   Processing Fee Under 37 CFR 1.17(f), (g), and (h) Transmittal ,   Processing Fee Under 37 CFR 1.17(f), (g)(1), (g)(2), & (h) Transmittal
Petitions for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)	PTO/SB/24A	Petition for Express Abandonment to Avoid Publication Under 37 CFR 1.138(c)
Petitions to Make Special Under Accelerated Examination Program (EFS-Web only)	PTO/SB/28	Petitions to Make Special Under Accelerated Examination Program

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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	50,953	50,953	0	0	0	0
Annual Time Burden (Hours)	82,237	82,237	0	0	0	0
Annual Cost Burden (Dollars)	4,887,062	4,023,729	0	863,333	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: $220,009

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.     Yes

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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