[Federal Register Volume 64, Number 71 (Wednesday, April 14, 1999)]
[Notices]
[Pages 18402-18403]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9337]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Rules for Patent Maintenance Fees
ACTION: Proposed collection; comment request.
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SUMMARY: The Department of Commerce (DOC), as part of its continuing
effort to reduce paperwork and respondent burden, invites the general
public and other Federal agencies to comment on the continuing and
proposed information collection, as required by the Paperwork Reduction
Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before June 14, 1999.
ADDRESSES: Direct all written comments to Linda Engelmeier,
Departmental Forms Clearance Officer, Department of Commerce, Room
5033, 14th and Constitution Avenue, NW, Washington, DC 20230 or via the
Internet (LEngelme@doc.gov).
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Robert J. Spar, Patent and
Trademark Office, Washington, DC 20231, by telephone at (703) 305-9285.
SUPPLEMENTARY INFORMATION:
[[Page 18403]]
I. Abstract
Maintenance fees are required to maintain a patent in force under
Title 35 of the U.S. Code. Payments of maintenance fees are required at
3\1/2\, 7\1/2\ and 11\1/2\ years after the grant of the patent. The
maintenance fee provisions appear in 35 U.S.C. 41(b) and (c). A patent
number and serial number of the patent on which maintenance fees are
paid are required in order to insure proper crediting of such payments.
There are forms associated with collecting maintenance fees. These
forms are Form PTO/SB/45 (Maintenance Fee Transmittal Form), Form PTO/
SB/47 (``Fee Address'' Indication Form), Form PTO/SB/65 (Petition to
Accept Unavoidably Delayed Payment of Maintenance Fee in an Expired
Patent (37 CFR 1.378(b)), and Form PTO/SB/66 (Petition to Accept
Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent
(37 CFR 1.378(c)). The patentee uses Form PTO/SB/45 for payment of the
maintenance fee(s) for listed patent(s), and PTO/SB/47 to indicate a
``fee address.'' Form PTO/SB/65 is used by the applicant to petition
the PTO to accept unavoidably delayed payment of the maintenance fee
for an expired patent, and Form PTO/SB/66 to petition the PTO to accept
unintentionally delayed payment of a maintenance fee for an expired
patent. Form PTO/SB/46 (Request for Payor Number) was eliminated in
favor of Form PTO/SB/125 (already taken into account in 0651-0035) due
to the fact that the ``payor number'' practice was replaced with a more
comprehensive ``customer number'' practice.
II. Method of Collection
By mail, facsimile, and hand carry when the individual desires to
participate in the information collection.
III. Data
OMB Number: 0651-0016.
Form Number(s): Forms PTO/SB/45, PTO/SB/47, PTO/SB/65, and PTO/SB/
66.
Type of Review: Extension of a currently approved collection.
Affected Public: Individuals or households; businesses or other
for-profit; not-for-profit institutions; farms, state, local or tribal
governments; and the Federal Government.
Estimated Number of Respondents: 326,101 responses per year.
Estimated Time Per Response: It is estimated to take approximately
48 minutes each to complete the maintenance fee transmittal form and
the ``fee address'' indication form. It is estimated to take 1 hour
each to complete the unavoidable and unintentional petitions.
Estimated Total Annual Respondent Burden Hours: 26,965 hours per
year.
Estimated Total Annual Respondent Cost Burden: $0 (no capital
start-up or maintenance expenditures are required). $947,135 per year
is estimated for salary costs associated with respondents.
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Estimated
Estimated time for annual Estimated
Title of form PTO form No. response burden annual
hours responses
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Maintenance Fee Transmittal Form Form PTO/SB/45........... 48 mins.................. 312,150 10,405
``Fee Address'' Indication Form. Form PTO/SB/47........... 48 mins.................. 468,210 15,607
Petition to Accept Unavoidably Form PTO/SB/65........... 1 hour................... 31,325 179
Delayed Payment of Maintenance
Fee in an Expired Patent (37
CFR 1.378(b)).
Petition to Except Form PTO/SB/66........... 1 hour................... 135,450 774
Unintentionally Delayed Payment
of Maintenance Fee in an
Expired Patent (37 CFR
1.378(c)).
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Totals...................... ......................... ......................... 947,135 26,965
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IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on respondents, e.g., the use of automated
collection techniques or other forms of information technology.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they will also become a matter of public record.
Dated: April 7, 1999.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of the Chief Information
Officer.
[FR Doc. 99-9337 Filed 4-13-99; 8:45 am]
BILLING CODE 3510-16-P
