The United States Patent System uses a
‘first to file’ system, as introduced by the Leahy-Smith America
Invents Act (AIA) which was enacted into law on September 16, 2011.
To determine the first inventor to file, information is needed in
order to identify the inventorship and ownership, or obligation to
assign ownership, of each claimed invention on its effective filing
date. Section 3 of the AIA, inter alia, amended 35 U.S.C. 102 and
103 consistent with the objectives of the AIA, including the
conversion of the United States patent system from a “first to
invent” system to a “first inventor to file” system. The changes in
section 3 of the AIA went into effect on March 16, 2013, but apply
only to certain applications filed on or after March 16, 2013. This
information collection covers information required by 37 CFR
1.55(k), 1.78(a)(6), and 1.78(d)(6) to assist the USPTO in
determining whether an application is subject to 35 U.S.C. 102 and
103 as amended by Section 3 of the Leahy-Smith America Invents Act
(AIA), or 35 U.S.C. 102 and 103, in effect on March 15,
2013.
Changes Since the Publication
of the 60-Day Notice Since the publication of the 60-Day Notice in
the Federal Register, the USPTO has updated its postage rates to
reflect more accurate estimates. This results in an increase of $1
in non-hourly cost burden, for a new estimated total annual burden
of $11. Change in Responses and Hourly Burden due to Adjustment in
Agency Estimate The total number of respondents has decreased by 94
due to increasing rarity for a newly filed nonprovisional
application to claim foreign priority to, or domestic benefit of,
an application filed before March 16, 2013, without also claiming
benefit of an earlier application in which the statement has
already been filed. This decrease in the number of respondents and
responses results in a decrease of 188 hours in the annual time
burden estimates. Change 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 slightly by $3 from the
previous approval. This increase is due to increased postage
rates.
$418
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.
0651-0071 Supporting Statement 2025 final.docx
Leahy-Smith America Invents Act.pdf
Submissions Under 37 CFR 1.78(d)(6) (Individuals or Households)