45106 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 

IC No. Item 

Estimated 

response time 

(hours) 

Estimated 

responses 

Estimated 

burden hours Rate Estimated cost burden 

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

15 ................... Notice of Judicial Review of a Board 

Decision (e.g., Notice of Appeal 

Under 35 U.S.C. 142).

0.10 440 44.00 438.00 19,272.00 

Total ........ .............................................................. ........................ 11,994 1,474,449.30 ........................ 645,808,793.40 

Estimated Total Annual (Non-hour) 

Respondent Cost Burden: $54,307,175. 

There are no capital start-up, 

maintenance, or postage associated with 

this information collection. However, 

this collection does have annual (nonhour) costs in the form of filing fees. 

Filing Fees 

The filing fees associated with this 

information collection are listed in the 

table below: 

IC No. Item Responses Filing fees Total cost 

(a) (b) (a) × (b) = (c) 

1 ..................... Inter Partes Review Request Fee ................................................................. 1,560 $15,500.00 $24,180,000.00 

1 ..................... Inter Partes Post-Institution Fee ................................................................... 1,569 15,000.00 23,535,000.00 

1 ..................... Inter Partes Review Request of Each Claim in Excess of 20 ...................... 3,390 300.00 1,017,000.00 

1 ..................... Inter Partes Post-Institution Request of Each Claim in Excess of 15 .......... 1,786 600.00 1,071,600.00 

2 ..................... Post-Grant or Covered Business Method Review Request Fee—Up to 20 

Claims.

92 16,000.00 1,472,000.00 

2 ..................... Post-Grant or Covered Business Method Review Post-Institution Fee—Up 

to 15 Claims.

92 22,000.00 2,024,000.00 

2 ..................... Post-Grant or Covered Business Method Review Request of Each Claim 

in Excess of 20.

638 375.00 239,250.00 

2 ..................... Post-Grant or Covered Business Method Review Post-Institution Fee of 

Each Claim in Excess of 15.

925 825.00 763,125.00 

3 ..................... Petition for Derivation .................................................................................... 12 400.00 4,800.00 

14 ................... Request to Make a Settlement Agreement Available ................................... 1 400.00 400.00 

Total ........ ........................................................................................................................ ........................ ........................ 54,307,175.00 

IV. Request for Comments 

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. 

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. 

Marcie Lovett, 

Records and Information Governance 

Division Director, OCTO United States Patent 

and Trademark Office. 

[FR Doc. 2018–19202 Filed 9–4–18; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Matters Related to First Inventor To 

File 

ACTION: Proposed collection; comment 

request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as required 

by the Paperwork Reduction Act, invites 

comments on a proposed extension of 

an existing information collection: 

0651–0069 (Matters Relating to First 

Inventor to File). 

DATES: Written comments must be 

submitted on or before November 5, 

2018. 

ADDRESSES: Written comments may be 

submitted by any of the following 

methods: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0071 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• 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. 

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, P.O. Box 

1450, Alexandria, VA 22313–1450; by 

telephone at 571–272–7728; or by email 

to Raul.Tamayo@uspto.gov with ‘‘0651– 

0071 comment’’ in the subject line. 

Additional information about this 

collection is also available at http://

www.reginfo.gov under ‘‘Information 

Collection Review.’’ 

SUPPLEMENTARY INFORMATION: 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 45107 

I. Abstract 

The United States Patent System uses 

a ‘first to file’ system, as introduced by 

the Leahy-Smith America Invents Act 

(AIA) in 2011. To determine the first 

inventor to file, information is needed 

in order to identify the inventorship and 

ownership, or obligation to assign 

ownership, of each claimed invention 

on its effective filing date. 

This collection covers information 

gathered on various forms or 

submissions used by the USPTO to 

determine the first inventor to file. One 

form, required by 37 CFR 1.55(k), 

1.78(a)(6) and 1.78(d)(6) provides 

information needed to assist the USPTO 

in determining whether an application 

is subject to 35 U.S.C. 102 and 103 as 

amended by Section 3 of the AIA, or 35 

U.S.C. 102 and 103 as was in effect on 

March 15, 2013. Additional information 

provided to USPTO (37 CFR 1.110) 

identifies the inventorship and 

ownership, or obligation to assign 

ownership, of each claimed invention 

on its effective filing date (as defined in 

§ 1.109) or on its date of invention, as 

applicable, in an application or patent 

naming one or more joint inventors, 

when necessary for purposes of a 

USPTO proceeding. 

Applications may also need to submit 

additional affidavits or declarations (37 

CFR 1.130, 1.131, and 1.132) for several 

possible situations: 

(i) To show that a disclosure was by 

the inventor or joint inventor, or was by 

a party who obtained the subject matter 

from the inventor or a joint inventor 

(1.130), 

(ii) to show that there was a prior 

public disclosure by the inventor or a 

joint inventor, or by a party who 

obtained the subject matter from the 

inventor or a joint inventor (1.130), 

(iii) to establish prior invention or to 

disqualify a commonly owned patent or 

published application as prior art 

(1.131), or 

(iv) to submit evidence to traverse a 

rejection or objection on a basis not 

otherwise provided for (1.132). 

II. Method of Collection 

The USPTO anticipates both 

electronic and paper submissions in this 

collection; electronically when using 

the USPTO online filing system EFSWeb, or by mail, facsimile, or hand 

delivery. 

III. Data 

OMB Number: 0651–0071. 

IC Instruments and Forms: The 

individual instruments in this 

collection, as well as any associated 

forms, are listed in the hourly cost 

burden table below. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Individuals or 

households; businesses or other forprofits; and not-for-profit institutions. 

Estimated Number of Respondents: 

The USPTO estimates that it will 

receive a total of approximately 23,681 

responses per year for this collection. 

The USPTO estimates that 

approximately 20,975 of the responses 

for this collection will be submitted 

electronically via EFS-Web. 

These estimates are based on the 

Agency’s long-standing institutional 

knowledge of and experience with the 

type of information collected by these 

items. 

Estimated Time per Response: The 

USPTO estimates that the responses in 

this collection will take the public from 

2 to 10 hours to complete. This includes 

the time to gather the necessary 

information, create the document, and 

submit the completed request to the 

USPTO. The USPTO calculates that, on 

balance, it takes the same amount of 

time to gather the necessary 

information, create the document, and 

submit it to the USPTO, whether the 

applicant submits the information in 

paper form or electronically. 

These estimates are based on the 

Agency’s long-standing institutional 

knowledge of and experience with the 

type of information collected and the 

length of time necessary to complete 

responses containing similar or like 

information. 

Estimated Total Annual Respondent 

Burden Hours: 207,362 hours. 

Estimated Total Annual Respondent 

(Hourly) Cost Burden: $90,824,556.00. 

The USPTO expects that attorneys will 

complete the instruments associated 

with this information collection. The 

professional hourly rate for attorneys is 

$438, based upon the 2017 Report of the 

Economic Survey published by AIPLA. 

Using this hourly rate, the USPTO 

estimates $90,824,556.00 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 

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

1 ..................... Electronic Submissions Under 37 CFR 

1.55(k).

2 1,700 3,400 $438.00 $1,489,200.00 

1 ..................... Submissions Under 37 CFR 1.55(k) ... 2 50 100 438.00 43,800.00 

2 ..................... Electronic Submissions Under 37 CFR 

1.78(a)(6).

2 1,375 2,750 438.00 1,204,500.00 

2 ..................... Submissions Under 37 CFR 1.78(a)(6) 2 25 50 438.00 21,900.00 

3 ..................... Electronic Submissions Under 37 CFR 

1.78(d)(6).

2 340 680 438.00 297,840.00 

3 ..................... Submissions Under 37 CFR 1.78(d)(6) 2 10 20 438.00 8,760.00 

4 ..................... Electronic Identification of Inventorship 

and Ownership of the Subject Matter of Individual Claims under 37 

CFR 1.110.

2 147 294 438.00 128,772.00 

4 ..................... Identification of Inventorship and Ownership of the Subject Matter of Individual Claims under 37 CFR 1.110.2 3 68 438.00 29,784.00 

5 ..................... Electronic Rule 1.130, 1.131, and 

1.132 Affidavits or Declarations.

10 19,600 196,000 438.00 85,848,000.00 

5 ..................... Rule 1.130, 1.131, and 1.132 Affidavits or Declarations.10 400 4,000 438.00 1,752,000.00 

Total ........ .............................................................. ........................ 23,681 207,362 ........................ 90,824,556.00 


daltland on DSKBBV9HB2PROD with NOTICES
45108 Federal Register / Vol. 83, No. 172 / Wednesday, September 5, 2018 / Notices 

Estimated Total Annual (Non-hour) 

Cost Burden: $80.40. The USPTO 

estimates that the total annualized (nonhour) cost burden for this collection is 

due to postage costs. Customers may 

incur postage costs when submitting 

some of the items covered by this 

collection to the USPTO by mail. The 

USPTO expects that approximately 98 

percent of the responses in this 

collection will be submitted 

electronically. Of the remaining 2 

percent, the vast majority—98 percent— 

will be submitted by mail, for a total of 

12 mailed submissions. The average 

first-class USPS postage cost for these 

items is estimated at $6.70; the cost of 

a one pound mailed submission in a flat 

rate envelope. Therefore, the USPTO 

estimates that the postage costs for the 

mailed submissions in this collection 

will total $80.40. 

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. 2018–19203 Filed 9–4–18; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Patents for Humanity Program 

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 and as required 

by the Paperwork Reduction Act of 

1995, invites comments on a proposed 

extension of an existing information 

collection: 0651–0066 (Patents for 

Humanity Program). 

DATES: Written comments must be 

submitted on or before November 5, 

2018. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0066 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Edward Elliott, Records and 

Information Governance Division 

Director, 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 Edward Elliott, 

Attorney Advisor, Office of Policy and 

International Affairs, United States 

Patent and Trademark Office, P.O. Box 

1450, Alexandria, VA 22313–1450; by 

telephone at 571–272–7024; or by email 

to Edward.Elliott@uspto.gov with 

‘‘0651–0066 comment’’ 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 

Since 2012, the United States Patent 

and Trademark Office (USPTO) has 

conducted the Patents for Humanity 

Program, an annual award program to 

incentivize the distribution of patented 

technologies or products for the purpose 

of addressing humanitarian needs. The 

program is open to any patent owners or 

patent licensees, including inventors 

who have not assigned their ownership 

rights to others, assignees, and exclusive 

or non-exclusive licenses. USPTO 

collects information from applicants 

that describe what actions they have 

taken with their patented technology to 

address the welfare of impoverished 

populations, or how they furthered 

research by others on technologies for 

humanitarian purposes. Currently, there 

are five categories of awards: Medicine, 

Nutrition, Sanitation, Household 

Energy, and Living Standards. 

This collection covers information 

gathered on two application forms for 

the Patents for Humanity Program. The 

first application covers the 

humanitarian uses of technologies or 

products, and the second application 

covers humanitarian research. In both, 

applicants are required to describe how 

their technology or product satisfies the 

program criteria to address 

humanitarian issues. Additionally, 

applicants must provide non-public 

contact information in order for USPTO 

to notify them about their award status. 

Applicants may optionally provide 

contact information for the public to 

reach them with any inquiries. 

Applications must be submitted via 

email and will be posted on USPTO’s 

website. Qualified judges from outside 

USPTO will review and score the 

applications. USPTO will then forward 

the top-scoring applications to 

reviewers from participating Federal 

agencies to recommend award 

recipients. 

Those applications that are chosen for 

an award will receive a certificate 

redeemable to accelerate select matters 

before USPTO. The certificates can be 

redeemed to accelerate one of the 

following matters: An ex parte 

reexamination proceeding, including 

one appeal to the Patent Trial and 

Appeal Board (PTAB) from that 

proceeding; a patent application, 

including one appeal to the PTAB from 

that application; or an appeal to the 

PTAB of a claim twice rejected in a 

patent application or reissue application 

or finally rejected in an ex parte 

reexamination, without accelerating the 

underlying matter which generated the 

appeal. This collection covers the 

information gathered for petitions to 

extend an acceleration certificate 

redemption beyond 12 months. Winners 

also are invited to participate in an 

awards ceremony at USPTO. 

II. Method of Collection 

Electronically through the http://

www.uspto.gov/patentsforhumanity 

website. 

III. Data 

OMB Number: 0651–0066. 

IC Instruments and Forms: PTO/PFH/ 

001, PTO/PFH/002, PTO/SB/431. 

Type of Review: Extension of a 

currently approved collection. 

Affected Public: Businesses or other 

for-profits; not-for-profit businesses; 

individuals and households. 

Estimated Number of Respondents: 55 

responses per year. 

Estimated Time per Response: USPTO 

estimates that it will take the public 

approximately four hours to complete 

the humanitarian program application. 

Those selected as winners (about 5 to 10 

per year) may additionally require one 

hour to complete a petition to extend 

their acceleration certificate redemption 


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