[Federal Register: October 14, 1999 (Volume 64, Number 198)]
[Notices]               
[Page 55695-55696]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc99-28]                         

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DEPARTMENT OF COMMERCE

 
Submission for OMB Review; Comment Request

    The Department of Commerce (DoC) has submitted to the Office of 
Management and Budget (OMB) for clearance the following proposal for 
collection of information under the provisions of the Paperwork 
Reduction Act (44 U.S.C. chapter 35).
    Agency: Patent and Trademark Office (PTO).
    Title: Rules for Patent Maintenance Fees.
    Form Numbers: PTO/SB/45/47/65/66.
    Agency Approval Number: 0651-0016.
    Type of Request: Reinstatement, with change, of a previously 
approved collection for which approval has expired.
    Burden: 26,099 hours annually.
    Number of Respondents: 326,101 responses annually.
    Avg. Hours Per Response: Based on estimates and knowledge of the 
forms, the PTO estimates the burden hours required by the public to 
gather, prepare and submit Maintenance Fee Transmittal Form PTO/SB/45 
and ``Fee Address'' Indication Form PTO/SB/47 to be five minutes each. 
In the electronic version, it is estimated that it will take 10 seconds 
to enter the Patent Number and Serial Number to retrieve payment 
information and 10 seconds to select the fee codes to be paid if the 
patentee wishes to pay for the maintenance fee, for a total of 20 
seconds. Petition to Accept Unavoidably Delayed Payment of Maintenance 
Fee in an Expired Patent Form PTO/SB/65 and Petition to Accept 
Unintentionally Delayed Payment of Maintenance Fee in an Expired Patent 
Form PTO/SB/66 are estimated to take one hour each to complete.
    Needs and Uses: The identification of the application number and 
the patent number, the maintenance fee amount, and the surcharge amount 
on forms POT/SB/45 and PTO/SB/47 will be used by the PTO to record the 
payment of maintenance fees in order to keep the patents in force. The 
information will be used to prepare a receipt for the patentee and to 
determine whether or not a maintenance fee has been paid in response to 
any inquiry from the public. The optional information of the payment 
year and the small entity status are necessary to determine the amount 
of the maintenance fee due.
    The use of forms PTO/SB/65 and PTO/SB/66 readily and conveniently 
indicates to the PTO that the required elements for the filing of 
petitions under 37 CFR 1.378(b) or (c) have or have not been submitted. 
For example, the above forms include the verified statement and 
appropriate check boxes (list) for indicating that the required items 
have been attached to the petition form, such as the maintenance fee, 
small entity status, reason for unintentional or unavoidable delay, and 
surcharge. The top of the form indicates a space for the patent number 
and issue date, and the application number and corresponding filing 
date. This identifying information assists the Office in matching the 
fee with the appropriate patent.
    Affected Public: Individuals or households, business or other for-
profit institutions, not-for-profit institutions, and the Federal 
government.
    Frequency: Three (3) times; once every four years for payment of 
maintenance fees and on occasion for petitions to reinstate an expired 
patent (unintentional or unavoidable).
    Respondent's Obligation: Required to obtain or retain a benefit.
    OMB Desk Officer: Peter Weis, (202) 395-3630.
    Copies of the above information collection proposal can be obtained 
by calling or writing Linda Engelmeier, Departmental Forms Clearance 
Officer, Office of the Chief Information Officer, (202) 482-3272, 
Department of Commerce, Room 5027, 14th and Constitution Avenue, NW, 
Washington,

[[Page 55696]]

Washington, DC 20230 (or via the Internet at LEngelme@doc.gov).
    Written comments and recommendations for the proposed information 
collection should be sent to Peter Weiss, OMB Desk Officer, Room 10236, 
New Executive Office Building, Washington DC 20503.

    Dated: October 7, 1999.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of the Chief Information 
Officer.
[FR Doc. 99-26756 Filed 10-13-99; 8:45 am]
BILLING CODE 3510-16-P