[Federal Register Volume 64, Number 99 (Monday, May 24, 1999)]
[Notices]
[Pages 27967-27968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13008]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Requirements for Patent Applications Containing Nucleotide
Sequence and/or Amino Acid Sequence Disclosures
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, Pub. L. 104-13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before July 23, 1999.
ADDRESSES: Direct all written comments to Linda Engelmeier,
Departmental Forms Clearance Officer, Office of the Chief Information
Officer, Department of Commerce, Room 5033, 14th and Constitution
Avenue, NW, Washington, DC 20230 (or via the Internet at
LEngelme@doc.gov).
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Esther M. Kepplinger, Director,
Technology Center 1750/1760, Comments-Patents, Assistant Commissioner
for Patents, Washington, DC 20231, by telephone at (703) 308-1495, or
by facsimile transmission to (703) 305-3599.
SUPPLEMENTARY INFORMATION:
I. Abstract
This information collection is required by 37 CFR 1.821-1.825.
These rules require the use of a standard format for patent applicants
to describe the nucleotide and amino acid sequence data within their
patent applications, which is consistent with World Intellectual
Property Organization (WIPO) Standard ST.25 (effective July 1, 1998).
See Requirements for Patent Applications Containing Nucleotide Sequence
and/or Amino Acid Disclosures; Final Rule Notice, 63 FR 29620 (June 1,
1998). Under this standard format, sequence listings are presented in
an international, language neutral format using numeric identifiers
rather than the former subject headings.
The Patent and Trademark Office (PTO) uses this sequence listing
information in a variety of ways. It enables the PTO to effectively
examine the nucleotide and amino acid sequences and to process the data
more efficiently. The PTO also uses the data after examination to
support publication of issued patents. The PTO also uses the sequences
during participation with the European and Japanese Patent Offices in a
Trilateral Sequence Exchange Project, thereby facilitating the
international exchange of published sequence data. After patent
publication, the public and the bar associations can search the
nucleotide/amino acid sequence listings. Applicants also use the
sequence data when preparing both national and international patent
applications.
[[Page 27968]]
At this time, nucleotide and amino acid sequence data is submitted
to the PTO in both paper and computer readable form. However, the PTO
has determined that the computer readable form is more useful to both
the public and the PTO for searching patent applications to determine
patentability and for printing granted patents. The rules governing the
nucleotide and amino acid sequence listings were established to
overcome the lack of uniformity of properly searching and examining
sequences submitted only in paper form. The collection of this
information in computer readable form greatly facilitates the work of
the PTO. In order to ensure that the paper and computer readable
formats are the same, 37 CFR 1.821 (Nucleotide and/or amino acid
sequence disclosures in patent applications) states that in addition to
the paper copy and the computer readable form, a statement verifying
that the content of the paper and computer readable copies are the same
must be submitted with the computer readable copy. On October 5, 1998,
the PTO published an Advance Notice of Proposed Rulemaking for Changes
to Implement the Patent Business Goals. See Changes to Implement the
Patent Business Goals; Advance Notice of Proposed Rulemaking, 63 FR
53497 (October 5, 1998). One of the proposals being considered by the
PTO will permit applicants to file sequence listings only on an
electronic medium (i.e., without a paper copy). See Changes to
Implement the Patent Business Goals, 63 FR at 53510-12.
II. Method of Collection
By mail, facsimile, and hand carry when the individual desires to
participate in the information collection.
III. Data
OMB Number: 0651-0024.
Form Number(s): There are no forms associated with this collection.
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: 5,600 responses per year.
Estimated Time Per Response: It is estimated to take approximately
80 minutes to create a nucleotide/amino acid sequence listing.
Estimated Total Annual Respondent Burden Hours: 7470 hours per
year.
Estimated Total Annual Respondent Cost Burden: $0 (no capital
start-up or maintenance expenditures are required). Using an hourly
rate of $25.00 per hour for a para-professional/clerical worker, the
PTO estimates $186,750 per year for salary costs associated with
respondents.
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Estimated Estimated
Function Estimated time annual burden annual
for response hours responses
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Sequence Listing in Application................................. 1.33 7448 5600
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Total....................................................... .............. 7448 5600
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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 shall 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: May 18, 1999.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of the Chief Information
Officer.
[FR Doc. 99-13008 Filed 5-21-99; 8:45 am]
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