[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Notices]
[Pages 30528-30529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15170]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Invention Promoters/Promotion Firms Complaints
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 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 August 25, 2009.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: [email protected]. Include ``0651-0044
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, Administrative Management Group, United
States 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 Cathie Kirik, Mail Stop 24, Commissioner for
Patents, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450; by telephone at 571-272-8800; or by e-mail
at [email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract
Under the Inventors' Rights Act of 1999, as found in 35 U.S.C. 297
and implemented by 37 CFR Part 4, the United States Patent and
Trademark Office (USPTO) is required to provide a forum for the
publication of complaints concerning invention promoters and responses
from the invention promoters to these complaints. An individual may
submit a complaint concerning an invention promoter to the USPTO, which
will forward the complaint to the invention promoter for response. The
complaints and responses will be published and made available to the
public on the USPTO Web site. The USPTO does not investigate these
complaints or participate in any legal proceedings against invention
promoters or promotion firms.
[[Page 30529]]
Complaints submitted to the USPTO must identify the name and
address of the complainant and the invention promoter or promotion
firm, explain the basis for the complaint, and include the signature of
the complainant. The identifying information is necessary so that the
USPTO can forward the complaint to the invention promoter or promotion
firm and also notify the complainant that the complaint has been
forwarded. Complainants should understand that the complaints will be
forwarded to the invention promoter for response and that the complaint
and response will be made available to the public as required by the
Inventors' Rights Act. If the USPTO does not receive a response from
the invention promoter, the complaint will still be published without
the response. The USPTO does not accept complaints under this program
if the complainant requests confidentiality.
This information collection includes one form, Complaint Regarding
Invention Promoter (PTO/SB/2048), which is used by the public to submit
a complaint under this program. This form is available for download
from the USPTO Web site. Use of this form is not mandatory as long as
the complaint includes the necessary information and is clearly marked
as a complaint filed under the Inventors' Rights Act. There is no
associated form for submitting responses to the complaints.
II. Method of Collection
By mail, facsimile, or hand delivery to the USPTO.
III. Data
OMB Number: 0651-0044.
Form Number(s): PTO/SB/2048.
Type of Review: Revision of a currently approved collection.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: 100 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public approximately 15 minutes (0.25 hours) to gather the
necessary information, prepare the form, and submit a complaint to the
USPTO and approximately 30 minutes (0.5 hours) for an invention
promoter or promotion firm to prepare and submit a response to a
complaint.
Estimated Total Annual Respondent Burden Hours: 38 hours per year.
Estimated Total Annual Respondent Cost Burden: $5,970 per year. The
USPTO expects that complaints will be prepared by paraprofessionals or
independent inventors. Using the average of the paraprofessional rate
of $100 per hour and the estimated rate of $30 per hour for independent
inventors, the USPTO estimates that the average rate for preparing the
complaints will be approximately $65 per hour. The USPTO expects that
the responses to the complaints will be prepared by attorneys or
invention promoters. Using the average of the professional rate of $310
per hour for attorneys in private firms and the estimated rate of $100
per hour for invention promoters, the USPTO estimates that the average
rate for preparing the responses to the complaints will be
approximately $205 per hour. Therefore, the respondent cost burden for
this collection is estimated to be $5,970 per year.
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Estimated time Estimated Estimated
Item for response annual annual burden
(minutes) responses hours
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Complaint Regarding Invention Promoter (PTO/SB/2048)............ 15 50 13
Responses to the Complaints..................................... 30 50 25
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Totals.......................................................... .............. 100 38
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Estimated Total Annual Non-hour Respondent Cost Burden: $897. There
are no capital start-up costs, maintenance costs, recordkeeping costs,
or filing fees associated with this information collection. However,
the public may incur postage costs when submitting a complaint or a
response to a complaint by mail to the USPTO. The USPTO estimates that
the first-class postage cost for a mailed complaint will be 44 cents.
Promotion firms may choose to send responses to complaints using
overnight mail service at an estimated cost of $17.50 per response.
Therefore, the total annual (non-hour) respondent cost burden for this
collection in the form of postage costs is estimated to be $897 per
year.
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.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer,
Administrative Management Group.
[FR Doc. E9-15170 Filed 6-25-09; 8:45 am]
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