[Federal Register: December 16, 2002 (Volume 67, Number 241)]
[Notices]
[Page 77054-77055]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16de02-35]
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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 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 February 14,
2003.
ADDRESSES: Direct all written comments to Susan K. Brown, Records
Officer, Office of Data Architecture and Services, Data Administration
Division, USPTO, Suite 310, 2231 Crystal Drive, Washington, DC 20231;
by telephone at (703) 308-7400; by e-mail at susan.brown@uspto.gov; or
by facsimile at (703) 308-7407.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Robert J. Spar, Director, Office
of Patent Legal Administration, United States Patent and Trademark
Office (USPTO), Washington, DC 20231; by telephone at (703) 308-5107;
or by e-mail at bob.spar@uspto.gov.
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.
37 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 applicant's pending complete
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 the requirements 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 such other 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 USPTO's Official
Gazette. Each statutory invention registration published will include a
statement relating to the attributes of a statutory invention
registration.
A Change Worksheet was approved by the Office of Management and
Budget (OMB) on November 29, 2001, which decreased the number of
responses for this collection by 10 (from 83 to 73) due to the
availability of 18-month publications of patent applications.
Consequently, the total burden hours were also reduced by 4, (from 33
to 29) as a program change.
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.
[[Page 77055]]
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; farms; the Federal Government; and
state, local or tribal governments.
Estimated Number of Respondents: 73 responses per year.
Estimated Time Per Response: The USPTO estimates that it will take
approximately 24 minutes 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 1 form and 2 petitions.
Estimated Total Annual Respondent Burden Hours: 29 hours per year.
Estimated Total Annual Respondent Cost Burden: $7,308. Using the
professional hourly rate of $252 per hour for associate attorneys in
private firms, the USPTO estimates $7,308 per year for salary costs
associated with respondents.
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Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
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Statutory Invention Registration............... 24 minutes..................... 70 28.0
Petition to Review Rejection Decision.......... 24 minutes..................... 1 0.4
Petition to Withdraw Publication Request....... 24 minutes..................... 2 0.8
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Total.................................... ............................... 73 29.2
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Estimated Total Annual Nonhour Respondent Cost Burden: $107,146.
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 49 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 73 submissions per year may be mailed to the USPTO at an
average first-class postage cost of 49 cents, for a total postage cost
of $36.
There is annual nonhour cost burden in the way of filing fees
associated with this collection. Since the filing fees have not
previously been included in this collection, the total number of
filings is being used to calculate these costs.
The estimated filing costs for this collection of $107,110 are
calculated in the accompanying chart.
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Total non-hour
Item Response (a) Filing fee ($) cost burden
(b) (a) x (b)
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Statutory Invention Registration (requested prior to mailing of 24 $920.00 $22,080.00
first office action, 37 CFR 1.17(n))...........................
Statutory Invention Registration (requested after mailing of 46 1,840.00 84,640.00
first office action, 37 CFR 1.17(o))...........................
Petition to Review Rejection Decision........................... 1 130.00 130.00
Petition to Withdraw Publication Request........................ 2 130.00 260.00
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Total..................................................... 73 .............. 107,110.00
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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 $107,146.
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: December 9, 2002.
Susan K. Brown,
Records Officer, USPTO, Office of Data Architecture and Services, Data
Administration Division.
[FR Doc. 02-31574 Filed 12-13-02; 8:45 am]
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