[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Notices]
[Pages 38809-38810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19204]
[[Page 38809]]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Recording Assignments (Formerly Called Changes in Patent and
Trademark Practices)
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
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 September 18,
1998.
ADDRESSES: Direct all written comments to Linda Engelmeier,
Departmental Forms Clearance Officer, Department of Commerce, Room
5327, 14th and Constitution Avenue, NW, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Audrey Britt, Manager of the
Assignment Division, by telephone at (703) 308-9706 or by facsimile
transmission to (703) 308-7124.
SUPPLEMENTARY INFORMATION:
I. Abstract
As part of the responsibilities outlined by 35 U.S.C. 261 and 262
for patents, and 15 U.S.C. 1057 and 1060 of the Trademark Act of 1946
for trademarks, the Patent and Trademark Office (PTO) records a variety
of documents submitted to them by the public, corporations, other
federal agencies, and Government-owned or Government-controlled
corporations. These individuals, federal agencies, and corporations can
submit various documents which establish their rights, and/or titles
for patents and trademarks to the PTO for recording. This officially
and publicly establishes their rights and titles. These documents
typically include items such as transfers of properties (i.e., patents
and trademarks), liens, licenses, assignments of interest, security
interests, mergers, and explanations of transactions or other documents
that record the transfer of ownership from one party to another. The
PTO can also record assignments for applications, patents, and
trademarks. By submitting these various items, the individual, federal
agency or corporation can establish their ownership of an item.
Once the document has been recorded, it is available to the public.
All recorded documents, except for those under secrecy orders or those
in which the federal government has a documented interest, can be
viewed by the public. The public uses these documents to conduct
ownership and chain-of-title searches. The public can view these
records either at the PTO or the National Archives and Records
Administration, depending on when they were recorded.
To make the recording process faster, more efficient, and more
accurate, the PTO developed an automated system called the Patent and
Trademark Assignment System or PTAS. This system helps automate the
movement of the various documents to be recorded throughout the PTO
Assignment Division.
In order to accurately record a document and to take advantage of
the speed and efficiency of the PTAS, the PTO developed cover sheets to
submit with the document to be recorded. These cover sheets capture all
of the necessary data needed to accurately record the various
documents. These cover sheets were also designed so that they can be
easily scanned into the PTAS. At this time, only the cover sheets can
be scanned into the PTAS. The PTO does not currently use any automated,
electronic, mechanical, or any other technological collection methods
to collect the information for patent and application assignments.
II. Method of Collection
By mail, facsimile transmission, or hand carried to the Patent and
Trademark Office.
III. Data
OMB Number: 0651-0027.
Type of Review: Renewal without change.
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: 320,000 responses per year.
Estimated Time Per Response: It is estimated to take the public six
minutes to complete an assignment of an application (Form PTO/SB/15)
and an assignment of a patent (Form PTO/SB/41). It is estimated to take
a half hour to complete a trademark recordation form cover sheet or a
patent recordation form cover sheet.
Estimated Total Annual Respondent Burden Hours: 100,000 hours per
year.
Estimated Total Annual Respondent Cost Burden: $17,500,000 per
year.
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Estimated
annual Estimated
Title of form or function Form number(s) Estimated time for response burden annual
hours responses
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Assignment of Application........... PTO/SB/15............................................ 6 mins........................... 7,500 7,500
Assignment of Patent................ PTO/SB/41............................................ 6 mins........................... 7,500 75,000
Trademark Recordation Form Cover Form PTO-1618A, B, & C............................... 30 mins.......................... 42,500 85,000
Sheet.
Patent Recordation Form Cover Sheet. Form PTO-1619A, B, & C............................... 30 mins.......................... 42,500 85,000
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Totals.......................... ..................................................... ................................. 100,000 320,000
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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, including through 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.
[[Page 38810]]
Dated: July 14, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and
Organization.
[FR Doc. 98-19204 Filed 7-17-98; 8:45 am]
BILLING CODE 3510-16-P
