[Federal Register Volume 65, Number 150 (Thursday, August 3, 2000)]
[Notices]
[Pages 47717-47718]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-19589]
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UNITED STATES PATENT AND TRADEMARK OFFICE
Deposit of Biological Materials
ACTION: Proposed collection; comment request.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to take this
opportunity to comment on proposed and/or continuing information
collections, 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 October 2, 2000.
ADDRESSES: Direct all written comments to Thao P. Nguyen, Acting
Records Officer, Office of Data Management, Data Administration
Division, (703) 308-7397, USPTO, Suite 310, 2231 Crystal Drive,
Washington, DC 20231.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Robert J. Spar, United States Patent and
Trademark Office (USPTO), Washington, DC 20231, by telephone at
(703)305-9285.
SUPPLEMENTARY INFORMATION:
I. Abstract
This collection is required by 35 USC 2(b) and 37 CFR Ch. 1,
Subpart G, 1.801-809. Every patent must contain a description of the
invention sufficient to enable a person (knowledgeable in the relevant
science) to make and use the invention as required by 35 USC 112, first
paragraph. When the invention involves a biological material, sometimes
words alone cannot sufficiently describe how to make and use the
invention in a reproducible or repeatable manner. In such cases, the
required biological material must either be known and readily (and
continually) available, or be deposited in a suitable depository to
meet the enablement and written description requirements of 35 USC 112,
first paragraph. When a deposit is necessary, the USPTO collects
information to determine whether the depositor is in compliance with
the patent statute. This includes a statement proving notification to
the interested public on where to obtain samples of the deposits. A
viability statement showing that the biological material was tested by
the depository, and is a viable or acceptable deposit, must also be
submitted to the USPTO.
II. Method of Collection
By mail, facsimile, or hand carry when the applicant or agent files
a patent application with the United States Patent and Trademark Office
(USPTO) or submits subsequent papers during the prosecution of the
application to the USPTO.
III. Data
OMB Number: 0651-0022.
Form Number: N/A.
Type of Review: Extension of a currently approved collection.
Affected Public: Individuals or Households, Business or Other Non-
Profit, Not-For-Profit Institutions, and the Federal Government.
Estimated Number of Respondents: 3,300 per year for deposited
materials and 0.25 per year for depository approval.
Estimated Time Per Response: One hour per application for deposited
materials and five hours per application for depository approval.
Estimated Total Annual Respondent Burden Hours: 3,301 hours per
year.
Estimated Total Annual Respondent Cost Burden: $99,218.75 per year
to submit the information to the USPTO. Additionally, depositories
charge fees to depositors; all depositories charge about the same rates
for their services. For example, the American Type Culture Collection
(ATCC), one of the
[[Page 47718]]
recognized patent depositories, charges $1,100 for storage and
informing, and $150 for viability testing of microorganisms.
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Estimated time Estimated Estimated
Item for response annual burden annual
in hours hours responses
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Deposited Materials............................................. 1 3,300 3,300
Depository Approval............................................. 5 1.25 0.25
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Total....................................................... .............. 3,301 3,301
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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 also will become a matter of public record.
Dated: July 28, 2000.
Thao P. Nguyen,
Acting Records Officer, USPTO, Office of Data Management, Data
Administration Division.
[FR Doc. 00-19589, Filed 8-2-00; 8:45 am]
BILLING CODE: 3510-16-P
