34834 Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 

Average Hours per Response: 14,500 

hours. 

Cost Burden: $74,160. 

Needs and Uses: The public uses this 

information collection to contribute 

submissions and protests to the quality 

of issued patents. The USPTO will use 

this information, as appropriate, during 

the patent examination process to assist 

in evaluating the patent application. 

Frequency: On occasion. 

Respondent’s Obligation: Required to 

Obtain or Retain Benefits. 

OMB Desk Officer: Nicholas A. Fraser, 

email: Nicholas_A._Fraser@

omb.eop.gov. Once submitted, the 

request will be publicly available in 

electronic format through 

www.regino.gov. Follow the instructions 

to view the Department of Commerce 

collections currently under review by 

OMB. 

Further information can be obtained 

by: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0062 copy 

request’’ in the subject line of the 

message. 

• Mail: Raul Tamayo, Senior Legal 

Advisor, Office of Patent Legal 

Administration, United States Patent 

and Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

Written comments and 

recommendations for the proposed 

information collection should be sent on 

or before August 22, 2018 to Nicholas A. 

Fraser, OMB Desk Officer, via email to 

Nicholas_A._Fraser@omb.eop.gov, or by 

fax to 202–395–5167, marked to the 

attention of Nicholas A. Fraser. 

Marcie Lovett, 

Director, Records & Information Governance 

Division (RIGD), Office of the Chief 

Technology Officer, Office of the Chief 

Information Officer, United States Patent and 

Trademark Office. 

[FR Doc. 2018–15611 Filed 7–20–18; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Proposed Collection; Comment 

Request; Fee Deficiency Submissions 

AGENCY: United States Patent and 

Trademark Office, Commerce. 

ACTION: Proposed collection, comment 

request. 

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 to comment on the 

proposed renewal of this information 

collection, as required by the Paperwork 

Reduction Act. 

DATES: Written comments must be 

submitted on or before September 21, 

2018. 

ADDRESSES: Written comments may be 

submitted by any of the following 

methods: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0070 Fee Deficiency 

Submissions’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Marcie Lovett, Director, 

Records and Information Governance 

Division, Office of the Chief Technology 

Officer, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Raul Tamayo, 

Senior Legal Advisor, Office of Patent 

Legal Administration, United States 

Patent and Trademark Office (USPTO), 

P.O. Box 1450, Alexandria, VA 22313– 

1450; by telephone at 571–272–7728; or 

by email at Raul.Tamayo@uspto.gov 

with ‘‘Information Collection: 0070’’ in 

the subject line. Additional information 

about this collection is also available at 

http://www.reginfo.gov under 

‘‘Information Collection Review.’’ 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The Leahy-Smith America Invents Act 

(‘‘Act’’) was enacted into law on 

September 16, 2011 (Pub. L. 112–29, 

125 Stat. 283 (2011)). Under section 

10(b) of the Act, eligible small entities 

shall receive a 50 percent fee reduction 

from the undiscounted fees for filing, 

searching, examining, issuing, 

appealing, and maintaining patent 

applications and patents. The Act 

further provides that micro entities shall 

receive a 75 percent fee reduction from 

the undiscounted fees for filing, 

searching, examining, issuing, 

appealing, and maintaining patent 

applications and patents. 

This information collection covers the 

submissions made by patent applicants 

and patentees to excuse fee payment 

errors that result from changes in their 

small or micro entity status, in 

accordance with the procedures set 

forth in 37 CFR 1.28(c) and 1.29(k). 

Specifically, 37 CFR 1.28(c) provides a 

procedure by which patent applicants 

and patentees may be excused for 

erroneous payments of fees in the small 

entity amount. 37 CFR 1.29(k) provides 

a procedure by which patent applicants 

and patentees may be excused for 

erroneous payments of fees in the micro 

entity amount. 

Applicants who change their entity 

status may need to submit additional 

payments in order to have their 

applications associated with the correct 

category. A small or micro entity can be 

established in good faith, and a patent 

applicant pay a maintenance fee as a 

small or micro entity in good faith but 

later discover that such status was 

established in error or that through 

errors USPTO was not notified of a loss 

of entitlement to such status. The 

USPTO will excuse the error if a 

deficiency payment and other 

requirements are submitted in 

compliance with 37 CFR 1.28(c) or 

1.29(k). This is known as a ‘‘1.28(c) 

petition’’ or ‘‘1.29(k) petition.’’ 

Thus, this information collection is 

necessary so that patent applicants and 

patentees may pay the balance of fees 

due (i.e., fee deficiency payment) in 

instances when the micro or small 

entity fee amount was paid in error. The 

USPTO requires the information in 

order to process and properly record a 

fee deficiency payment, and to avoid 

questions arising later, either for the 

USPTO or for the applicant or patentee 

as to whether the proper fees have been 

paid in the application or patent. 

Failure to correct to the error in entity 

status will result in the charging of 

patent application fees that correspond 

with the correct entity status at the 

discretion of the Agency. If these fees 

are not paid, patent protection lapses 

and rights provided by the patent are no 

longer enforceable. 

II. Method of Collection 

The items in this collection may be 

submitted online using EFS-Web, the 

USPTO’s Web-based electronic filing 

system, or on paper by either mail or 

hand delivery. 

III. Data 

OMB Number: 0651–0070. 

IC Instruments: There are no forms in 

this collection. 

Type of Review: Renewal of a 

previously existing information 

collection. 

Affected Public: Businesses or other 

for-profits; not-for-profit institutions; 

individuals or households. 

Estimated Number of Respondents: 

2,500 responses per year. Of this total, 

the USPTO expects that 2,450 responses 

will be submitted electronically through 

EFS-Web and 50 will be submitted on 

paper. 

Estimated Time per Response: The 

USPTO estimates that it will take the 

public approximately 2 hours to submit 

the information in this collection, 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 141 / Monday, July 23, 2018 / Notices 34835 

including the time to gather the 

necessary information, prepare the 

appropriate form or petition, and submit 

the completed request to the USPTO. 

The time per response, estimated 

annual responses, and estimated annual 

hour burden associated with each 

instrument in this information 

collection is shown in the table below. 

Estimated Total Annual Hour Burden: 

5,000 hours. 

Estimated Total Annual Cost Burden 

(Hourly): $2,190,000.00. The USPTO 

expects that attorneys will complete the 

instruments associated with this 

information collection. The professional 

hourly rate used for the calculation is 

the $438 average rate for attorneys in 

private firms as published in the 2017 

Report of the Economic Survey by the 

American Intellectual Property Law 

Association (AIPLA). Using this hourly 

rate, the USPTO estimates $2,190,000.00 

per year for the total hourly costs 

associated with respondents. 

IC No. Information collection instrument 

Estimated time 

for response 

(hours) 

Estimated 

annual 

responses 

Estimated annual 

burden hours 

Rate 

($/hr) 

Total cost 

($/hr) 

(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) 

1 ............... Submissions Under 37 CFR 1.28(c) .................................. 2 1,875 3,750 $438.00 $1,642,500.00 

2 ............... Submissions Under 37 CFR 1.29(k) .................................. 2 625 1,250 438.00 547,500.00 

Total .. ............................................................................................. ........................ 2,500 5,000 ........................ 2,190,000.00 

Estimated Total Annual Cost Burden 

(Non-Hourly): $335.00. There are no 

capital startup, maintenance, or 

operating fees are associated with this 

collection. There are, however, postage 

costs associated with this collection. 

Specifically, customers may incur 

postage costs when submitting the 

information 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 one-pound, priority 

mail submission will be $6.70 and 

approximately 60 submissions will be 

submitted to the USPTO requiring 

postage. 

IC No. Information collection instrument Responses 

(yr) Postage costs 

Total non-hour 

cost burden 

(yr) 

(a) (b) (a) × (b) = (c) 

1 ............. Submissions Under 37 CFR 1.28(c) ................................................................. 38 $6.70 $254.60

2 ............. Submissions Under 37 CFR 1.29(k) ................................................................. 12 6.70 80.40 

Total ............................................................................................................................ 50 ........................ 335.00 

Therefore, the USPTO estimates that 

the total annual (non-hour) cost burden 

for this collection, in the form of postage 

costs is $335.00 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, 

including the validity of the 

methodology and assumptions used; (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, e.g., permitting electronic 

submission of responses. 

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. 

Marcie Lovett, 

Director, Records and Information 

Governance Division, Office of the Chief 

Technology Officer, USPTO. 

[FR Doc. 2018–15612 Filed 7–20–18; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Defense Science Board; Notice of 

Federal Advisory Committee Meeting 

AGENCY: Under Secretary of Defense for 

Research and Engineering, Defense 

Science Board, Department of Defense. 

ACTION: Notice of Federal Advisory 

Committee Meeting. 

SUMMARY: The Department of Defense 

(DoD) is publishing this notice to 

announce that the following Federal 

Advisory Committee meeting of the 

Defense Science Board (DSB) will take 

place. 

DATES: July 18, 2018 from 8:00 a.m. to 

5:00 p.m.–July 19, 2018 from 8:00 a.m. 

to 3:00 p.m. 

ADDRESSES: The Executive Conference 

Center, 4075 Wilson Boulevard, 3rd 

Floor, Arlington, VA 22203. 

FOR FURTHER INFORMATION CONTACT: 

Defense Science Board Designated 

Federal Officer (DFO) Mr. Edward C. 

Gliot, (703) 571–0079 (Voice), (703) 

697–1860 (Facsimile), 

edward.c.gliot.civ@mail.mil (Email). 

Mailing address is Defense Science 

Board, 3140 Defense Pentagon, Room 

3B888A, Washington, DC 20301–3140. 

Website: http://www.acq.osd.mil/dsb/. 

The most up-to-date changes to the 

meeting agenda can be found on the 

website. 

SUPPLEMENTARY INFORMATION: Due to 

circumstances beyond the control of the 

Department of Defense (DoD) and the 

Designated Federal Officer, the Defense 

Science Board was unable to provide 

public notification required by 41 CFR 

102–3.150(a) concerning the meeting on 

July 18 through 19, 2018, of the Defense 

Science Board. Accordingly, the 

Advisory Committee Management 

Officer for the Department of Defense, 


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