[Federal Register Volume 73, Number 195 (Tuesday, October 7, 2008)]
[Notices]
[Pages 58572-58573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23677]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Statutory Invention Registration
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 the extension of a 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 December 8,
2008.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: [email protected]. Include ``0651-0036
comment'' in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan K.
Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, Customer Information Services Group, Public
Information Services Division, U.S. Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450.
Federal Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Robert A. Clarke, Deputy
Director, Office of Patent Legal Administration, U.S. Patent and
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by
telephone at 571-272-7735; or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract
A statutory invention registration is not a patent. It has the
defensive attributes of a patent but does not have the enforceable
attributes of a patent. In other words, a person occasionally invents
something solely for personal use (not for production or sale) and does
not want to go through the effort and expense of obtaining a patent on
the invention. At the same time, the inventor wants to prevent someone
else from later obtaining a patent on a like invention. In that
situation, the inventor can register a statutory invention and have it
published. Once published, it cannot be claimed by another person.
35 U.S.C. 157 authorizes the United States Patent and Trademark
Office (USPTO) to publish a statutory invention registration containing
the specifications and drawings of a regularly filed application for a
patent without examination, providing the patentee meets all the
requirements for printing, waives the right to receive a patent on the
invention within a certain period of time prescribed by the USPTO, and
pays all application, publication and other processing fees.
The USPTO administers 35 U.S.C. 157 through 37 CFR 1.293-1.297.
Under these rules, an applicant for an original patent may request, at
any time during the pendency of the application, that the
specifications and drawings be published as a statutory invention
registration. Any request for a statutory invention registration may be
examined to determine if all the conditions have been met, if the
subject matter of the application is appropriate for publication, and
if the requirements for publication are met.
The public may petition the USPTO to review rejection decisions
within one month or other such time as is set forth in the decision
refusing publication. The public may also petition the USPTO to
withdraw a request to publish a statutory invention registration prior
to the date of the notice of the intent to publish.
If the request for a statutory invention registration is approved,
a notice to that effect will be published in the Official Gazette of
the USPTO. Each statutory invention registration that is published will
include a statement relating to the attributes of a statutory invention
registration.
The public uses form PTO/SB/94, Request for Statutory Invention
Registration, to request and authorize publication of a regularly-filed
patent application as a statutory invention registration, to waive the
right to receive a United States patent on the same invention claimed
in the identified patent application, to agree that the waiver will be
effective upon publication of the statutory invention registration, and
to state that the identified patent application complies with the
requirements for printing. No forms are associated with the petition
for a review of the refusal to publish a statutory invention
registration or the petition to withdraw the request for publication of
a statutory invention registration.
II. Method of Collection
By mail, facsimile, or hand delivery to the USPTO when the
applicant or agent files a statutory invention registration with the
USPTO.
III. Data
OMB Number: 0651-0036.
Form Number(s): PTO/SB/94.
Type of Review: Extension of a currently approved collection.
Affected Public: Individuals or households; business or other for-
profit; not-for-profit institutions.
Estimated Number of Respondents: 8 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
approximately 24 minutes (0.40 hours) each to gather, prepare, and
submit the request for statutory invention registration, the petition
to review the rejection decision, and the petition to withdraw the
publication request, depending upon the complexity of the situation.
This collection contains one form and two petitions.
Estimated Total Annual Respondent Burden Hours: 4 hours each per
year.
Estimated Total Annual Respondent Cost Burden: $1,240. Using the
professional hourly rate of $310 per hour for associate attorneys in
private firms, the USPTO estimates $1,240 per year for salary costs
associated with respondents.
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Estimated time Estimated Estimated
Item for response annual annual burden
(min) responses hours
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Statutory Invention Registration............................. 24 5 2
Petition to Review Rejection Decision........................ 24 1 1
[[Page 58573]]
Petition to Withdraw Publication Request..................... 24 2 1
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Total.................................................... ............... 8 4
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Estimated Total Annual Non-Hour Respondent Cost Burden: $8,166.
There are no capital start-up costs or maintenance costs associated
with this information collection. However, this collection does have
postage costs and filing fees.
The public may submit the paper forms and petitions in this
collection to the USPTO by mail through the United States Postal
Service. The USPTO estimates that the average first-class postage cost
for a mailed submission will be 75 cents, and that customers filing the
documents associated with this information collection may choose to
mail their submissions to the USPTO. Therefore, the USPTO estimates
that up to 8 submissions per year may be mailed to the USPTO at an
average first-class postage rate of 75 cents, for a total postage cost
of $6.
There is annual non-hour cost burden in the way of filing fees
associated with this collection. The estimated filing costs for this
collection of $7,760 are calculated in the accompanying chart.
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Total non-hour
Item Responses Filing fee ($) cost burden
(a) (b) (a) x (b)
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Statutory Invention Registration (requested prior to 2 $920.00 $1,840.00
mailing of first office action, 37 CFR 1.17(n))..........
Statutory Invention Registration (requested after mailing 3 1,840.00 5,520.00
of first office action, 37 CFR 1.17(o))..................
Petition to Review Rejection Decision (37 CFR 1.295)...... 1 200.00 200.00
Petition to Withdraw Publication Request (37 CFR 1.296)... 1 0.00 0.00
Petition to Withdraw Publication Request on or after Date 1 200.00 200.00
of Notice of Intent to Publish (37 CFR 1.296)............
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Total................................................. 8 ................ 7,760.00
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The USPTO estimates that the total non-hour respondent cost burden
for this collection in the form of postage costs and filing fees
amounts to $7,766.
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.
Dated: September 30, 2008.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer,
Customer Information Services Group, Public Information Services
Division.
[FR Doc. E8-23677 Filed 10-6-08; 8:45 am]
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