Document headings vary by document type but may contain
                    the following: the agency or agencies that issued and signed a document
the number of the CFR title and the number of each part
                      the document amends, proposes to amend, or is directly
                      related to
the agency docket number / agency internal file number
the RIN which identifies each regulatory action listed in
                      the Unified Agenda of Federal Regulatory and Deregulatory
                      Actions See the
                    Document Drafting Handbook
                    for more details.
 Department of Commerce Patent and Trademark Office
 AGENCY: United States Patent and Trademark Office, Department of Commerce.
 ACTION: Notice of information collection; request for comment.
 SUMMARY: The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651-0031 (Patent Processing). The purpose of this notice is to allow 60 days for public comment preceding submission of this information collection to OMB.
 DATES: To ensure consideration, comments regarding this information collection must be received on or before March 29, 2024.
 ADDRESSES: Interested persons are invited to submit written comments by any of the following methods. Do not submit Confidential Business Information or otherwise sensitive or protected information. *Email: InformationCollections@uspto.gov.*
                         Include “0651-0031 comment” in the subject line of the message.
                    *Federal Rulemaking Portal: http://www.regulations.gov.*
                    *Mail:*
                         Justin Isaac, Information Collection Officer, Office of the Chief Administrative 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, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email to 
                        *raul.tamayo@uspto.gov*
                         with “0651-0031 comment” in the subject line. Additional information about this information collection is also available at 
                        *http://www.reginfo.gov*
                         under “Information Collection Review.”


SUPPLEMENTARY INFORMATION:  I. Abstract The United States Patent and Trademark Office (USPTO) is required by 35 U.S.C. 131 to examine an application for patent and, when appropriate, issue a patent. The USPTO is also required to publish patent applications, with certain exceptions, promptly after the expiration of a period of eighteen months from the earliest filing date for which a benefit is sought under title 35, United States Code (“eighteen-month publication”). Certain situations may arise which require that additional information be supplied in order for the USPTO to further process the patent or application. The USPTO administers the statutes through various sections of the rules of practice in 37 CFR part 1. During the processing of an application for a patent, the applicant or the applicant's representative may be required to submit additional information to the USPTO concerning the examination of a specific application. The specific information required to be submitted includes: requests for extension of time, abandonment of applications and the revival of abandoned applications, disclaimers, appeals, petitions, expedited examination of design applications, requests for continued examinations, requests to inspect, copy, access patent applications, and transmittal forms. The information in this collection is used by the USPTO to continue the processing of the patent or application to ensure that applicants are complying with the patent regulations and to aid in the prosecution of the application. This also includes situations that require additional information in order for the USPTO to further process the patent or application. II. Method of Collection The items in this information collection can be submitted through the USPTO patent electronic filing system (Patent Center), the USPTO's online filing and viewing system for patent applications and related documents. The USPTO also will accept submissions by mail, hand delivery, and facsimile. III. Data *OMB Control Number:*
                     0651-0031. *Forms:*
                     (AIA—America Invents Act; SB—Specimen Book; PTOL = Patent and Trademark Office Legal) 
 
 PTO/AIA/22 (Petition for Extension of Time under37 CFR 1.136(a))
                PTO/AIA/24 (Express Abandonment under37 CFR 1.138)
                PTO/AIA/24B (Petition for Express Abandonment to Obtain a Refund)
                PTO/AIA/33 (Pre-Appeal Brief Request for Review)
                PTO/AIA/40 (Request for Correction in a Patent Application Relating to Inventorship or an Inventor Name, or Order of Names, Other than in a Reissue Application (37 CFR 1.48)
                PTO/AIA/41 (Request to Correct or Update the Name of the Applicant Under37 CFR 1.45(c)(1), or Change the Applicant Under 37 CFR 1.46(c)(2))
                PTO/AIA/67 (Power to Inspect/Copy—For Applications Filed On or After September 16, 2012)
                PTO/AIA/96 (Statement Under37 CFR 3.73(c))
                PTO/SB/08a (Information Disclosure Statement by Applicant)
                PTO/SB/08b (Information Disclosure Statement by Applicant)
                PTO/SB/17i (Processing Fee under37 CFR 1.17(i) Transmittal)
                PTO/SB/21 (Transmittal Form)
                PTO/SB/22 (Petition for Extension of Time under37 CFR 1.136(a))
                PTO/SB/24 (Express Abandonment under37 CFR 1.138)
                PTO/SB/24B (Petition for Express Abandonment to Obtain a Refund)
                PTO/SB/25 (Terminal Disclaimer to Obviate a Provisional Double Patenting Rejection Over a Pending “Reference” Application)
                PTO/SB/26 (Terminal Disclaimer to Obviate a Double Patenting Rejection over a “Prior” Patent)
                PTO/SB/27 (Request for Expedited Examination of a Design Application (37 CFR 1.155))
                PTO/SB/30 (Request for Continued Examination (RCE) Transmittal)
                PTO/SB/33 (Pre-Appeal Brief Request for Review)
                PTO/SB/35 (Nonpublication Request under35 U.S.C. 122(b)(2)(B)(i))
                PTO/SB/36 (Rescission of Previous Nonpublication Request (35 U.S.C. 122(b)(2)(B)(ii) and, if applicable, Notice of Foreign Filing (35 U.S.C. 122(b)(2)(B)(iii))
                PTO/SB/37 (Request Deferral of Examination37 CFR 1.103(d))
                PTO/SB/38 (Request to Retrieve Electronic Priority Applications(s) Filed with Nonparticipating Office(s) That is Available in a Participating Office (37 CFR 1.55(i)(4)))
                PTO/SB/39 (Authorization or Rescission of Authorization to Permit Access to Application-as-filed by Participating Offices)
                PTO/SB/43 (Disclaimer in a Patent under37 CFR 1.321(a))
                PTO/SB/63 (Terminal Disclaimer to Accompany Petition)
                PTO/SB/64 (Petition for Revival of an Application for Patent Abandoned Unintentionally Under37 CFR 1.137(a))
                PTO/SB/64a (Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (37 CFR 1.137(f))
                PTO/SB/67 (Power to Inspect/Copy—For Applications Filed Before September 16, 2012)
                PTO/SB/68 (Request for Access to an Abandoned Application under37 CFR 1.14)
                PTO/SB/91 (Deposit Account Order Form)
                PTO/SB/92 (Certificate of Mailing or Transmission under37 CFR 1.8)
                PTO/SB/96 (Statement under37 CFR 3.73(b))
                PTO/SB/130 (Petition to Make Special Based on Age for Advancement of Examination under37 CFR 1.102(c)(1))
                PTOL/413A (Applicant Initiated Interview Request Form)
                PTO-2053-A/B (Notice Under37 CFR 1.251—Pending Application)
                PTO-2054-A/B (Notice Under37 CFR 1.251—Abandoned Application)
                PTO-2055-A/B (Notice Under37 CFR 1.251—Patent) *Type of Review:*
                     Extension and revision of a currently approved information collection. *Affected Public:*
                     Private sector. *Respondent's Obligation:*
                     Required to obtain or retain benefits. *Estimated Number of Annual Respondents:*
                     2,435,597 respondents per year. *Estimated Number of Annual Responses:*
                     2,435,597 responses per year. *Estimated Time per Response:*
                     The USPTO estimates that it will take respondents between 2 minutes (0.03 hours) and 8 hours to submit items in this information collection depending on the instrument used. This includes the time to gather the necessary information, create the document, and submit the completed request to the USPTO. *Estimated Total Annual Respondent Burden Hours:*
                     535,466 hours. *Estimated Total Annual Respondent Hourly Cost Burden:*
                     $170,503,027. Table 1—Total Burden Hours and Hourly Costs to Private Sector Respondents
Item No.
Item
Estimated
                             annual 
                             respondents
Responses
                             per 
                             respondent
Estimated
                             annual 
                             responses
Estimated
                             time 
                             for response 
                             (hours)
Estimated
                             burden 
                             (hour/year)
Rate 1
                             ($/hour)
Estimated
                             annual 
                             respondent 
                             cost burden(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)1
Information Disclosure Statements (IDS) that do not require the fee set forth in 37 CFR 1.17(p)
694,000
1
694,000
0.20 (12 minutes)
138,800
$447
$62,043,6002
Transmittal Form
517,000
1
517,000
0.20 (12 minutes)
103,400
122
12,614,8003
Petition for Extension of Time under 37 CFR 1.136(a)
192,884
1
192,884
0.40 (24 minutes)
77,154
122
9,412,7884
Express Abandonment under 37 CFR 1.138
2,000
1
2,000
0.08 (5 minutes)
160
122
19,5205
Statutory Disclaimers (including terminal disclaimers)
49,950
1
49,950
0.25 (15 minutes)
12,488
447
5,582,1366
Request for Expedited Examination of a Design Application
7,227
1
7,227
0.25 (15 minutes)
1,807
447
807,729( print page 5502)7
Petition for Revival of an Application for Patent Abandoned Unintentionally
7,024
1
7,024
1
7,024
447
3,139,7288
Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing
125
1
125
1
125
447
55,8759
Requests to Access, Inspect, and Copy
1,000
1
1,000
0.25 (15 minutes)
250
122
30,50010
Deposit Account Order Form
55,000
1
55,000
0.25 (15 minutes)
13,750
122
1,677,50011
Certificates of Mailing or Transmission
450,000
1
450,000
0.03 (2 minutes)
13,500
122
1,647,00012
Statement Under 37 CFR 3.73(c) (AIA), 37 CFR 3.83(b) (pre-AIA)
146,000
1
146,000
0.25 (15 minutes)
36,500
447
16,315,50013
Non-publication Request
16,000
1
16,000
0.25 (15 minutes)
4,000
447
1,788,00014
Rescission of Previous Non-publication Request (35 U.S.C. § 122(b)(2)(B)(ii) and, if applicable, Notice of Foreign Filing (35 U.S.C. § 122(b)(2)(B)(iii)
500
1
500
0.25 (15 minutes)
125
447
55,87515
USPTO Patent Electronic Filing System Copy of Application for Publication
1
1
1
2.50
3
122
36616
Copy of File Content Showing Redactions
3
1
3
4
12
447
5,36417
Copy of the Applicant or Patentee's Record of the Application (including copies of the correspondence, list of the correspondence, and statements verifying whether the record is complete or not)
10
1
10
2
20
122
2,44018
Request for Continued Examination (RCE) Transmittal)
132,000
1
132,000
0.30 (18 minutes)
39,600
447
17,701,20019
Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d)
630
1
630
0.20 (12 minutes)
126
447
56,32220
Request for Voluntary Publication or Republication (includes publication fee for republication)
450
1
450
0.20 (12 minutes)
90
122
10,98021
Applicant Initiated Interview Request Form
50,000
1
50,000
0.40 (24 minutes)
20,000
447
8,940,00022
Processing Fee Under 37 CFR 1.17(i) Transmittal
100
1
100
0.08 (5 minutes)
8
447
3,57623
Request to Retrieve Electronic Priority Application (s) Under 37 CFR 1.55(i)(4)
10,000
1
10,000
0.25 (15 minutes)
2,500
447
1,117,50024
Authorization or Rescission of Authorization to Permit Access to Application-as-filed by Participating Offices Under 37 CFR 1.14(h)
6,000
1
6,000
0.25 (15 minutes)
1,500
447
670,50025
Petition for Express Abandonment to Obtain a Refund
2,050
1
2,050
0.20 (12 minutes)
410
447
183,27026
Pre-Appeal Brief Request for Review
6,700
1
6,700
5
33,500
447
14,974,50027
Request for Corrected Filing Receipt
44,000
1
44,000
0.08 (5 minutes)
3,520
122
429,440( print page 5503)28
Petition to Make Special Based on Age for Advancement of Examination under 37 CFR 1.102(c)(1)
2,100
1
2,100
2
4,200
447
1,877,40029
Filing a submission after final rejection (see 37 CFR 1.129(a))
43
1
43
8
344
447
153,76830
Correction of inventorship after first office action on the merits
3,300
1
3,300
0.75 (45 minutes)
2,475
447
1,106,32531
Request for correction in a patent application relating to inventorship or an inventor name, or order of names, other than in a reissue application (37 CFR 1.48)
18,500
1
18,500
0.75 (45 minutes)
13,875
447
6,202,12532
Request to correct or update the name of the applicant under 37 CFR 1.46(c)(1), or change the applicant under 37 CFR 1.46(c)(2)
21,000
1
21,000
0.20 (12 minutes)
4,200
447
1,877,400Totals

2,435,597

2,435,597

535,466

170,503,0271
                         2023 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); pg. F-41. The USPTO uses the average billing rate for intellectual property work in all firms which is $447 per hour (
                        *https://www.aipla.org/​home/​news-publications/​economic-survey*). 2022 National Utilization and Compensation Survey Report published by the National Association of Legal Assistants (NALA); pg. 38. The USPTO uses the average billing rate for paralegals/paraprofessionals, which is $122 per hour (
                        *https://nala.org/​paralegal-info/​*).
 *Estimated Total Annual Non-Hourly Cost Burden:*
                     $363,821,958. There is no capital start-up, maintenance costs, or recordkeeping costs associated with this information collection. However, there is non-hour cost burden in the way of filing fees and postage costs. The total annual (non-hour) respondent cost burden for this collection is estimated to be $363,821,958, which includes $363,579,616 in filing fees, and $242,342 in postage. Filing Fees The fees in this information collection are listed in the table below. The fee for Request for Prioritized Examination has no counterpart in the hourly cost table due to that form being exempt from the PRA. Table 2—Filing Fees
Item No.
Fee code
Item
Estimated 
                             annual  
                             responses
Filing 
                             fee 
                             ($)
Non-hourly 
                             cost burden(a)
(b)
(a) × (b) = (c)1
1806
Information Disclosure Statements (IDS) that require the fee set forth in 37 CFR 1.17(p) (undiscounted)
85,540
$260
$22,240,4001
2806
IDS that require the fee set forth in 37 CFR 1.17(p) (small entity)
22,173
104
2,305,9921
3806
IDS that require the fee set forth in 37 CFR 1.17(p) (micro entity)
624
52
32,4483
1251
One-month Extension of Time under 37 CFR 1.136(a) (undiscounted)
62,740
220
13,802,8003
2251
One-month Extension of Time under 37 CFR 1.136(a) (small entity)
29,039
88
2,555,4323
3251
One-month Extension of Time under 37 CFR 1.136(a) (micro entity)
3,509
44
154,3963
1252
Two-month Extension of Time under 37 CFR 1.136(a) (undiscounted)
23,560
640
15,078,4003
2252
Two-month Extension of Time under 37 CFR 1.136(a) (small entity)
15,484
256
3,963,9043
3252
Two-month Extension of Time under 37 CFR 1.136(a) (micro entity)
1,922
128
246,0163
1253
Three-month Extension of Time under 37 CFR 1.136(a) (undiscounted)
20,377
1,480
30,157,9603
2253
Three-month Extension of Time under 37 CFR 1.136(a) (small entity)
23,002
592
13,617,184( print page 5504)3
3253
Three-month Extension of Time under 37 CFR 1.136(a) (micro entity)
2,558
296
757,1683
1254
Four-month Extension of Time under 37 CFR 1.136(a) (undiscounted)
1,810
2,320
4,199,2003
2254
Four-month Extension of Time under 37 CFR 1.136(a) (small entity)
2,196
928
2,037,8883
3254
Four-month Extension of Time under 37 CFR 1.136(a) (micro entity)
266
464
123,4243
1255
Five-month Extension of Time under 37 CFR 1.136(a) (undiscounted)
3,039
3,160
9,603,2403
2255
Five-month Extension of Time under 37 CFR 1.136(a) (small entity)
3,176
1,264
4,014,4643
3255
Five-month Extension of Time under 37 CFR 1.136(a) (micro entity)
206
632
130,1925
1814
Statutory Disclaimers (including terminal disclaimers) (undiscounted)
36,105
170
6,137,8505
2814
Statutory Disclaimers (including terminal disclaimers) (small entity)
13,175
170
2,239,7505
3814
Statutory Disclaimers (including terminal disclaimers) (micro entity)
670
170
113,9006
1802
Request for Expedited Examination of a Design Application (undiscounted)
713
1,600
1,140,8006
2802
Request for Expedited Examination of a Design Application (small entity)
1,426
640
912,6406
3802
Request for Expedited Examination of a Design Application (micro entity)
5,088
320
1,628,1607
1453
Petition for Revival of an Application for Patent Abandoned Unintentionally (undiscounted)
2,323
2,100
4,878,3007
2453
Petition for Revival of an Application for Patent Abandoned Unintentionally (small entity)
3,388
840
2,845,9207
3453
Petition for Revival of an Application for Patent Abandoned Unintentionally (micro entity)
1,313
420
551,4608
1453
Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (undiscounted)
94
2,100
197,4008
2453
Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (small entity)
19
840
15,9608
3453
Petition for Revival of an Application for Patent Abandoned for Failure to Notify the Office of a Foreign or International Filing (micro entity)
12
420
5,04016
1808
Copy of File Content Showing Redactions (undiscounted)
1
140
14016
2808
Copy of File Content Showing Redactions (small entity)
1
140
14016
3808
Copy of File Content Showing Redactions (micro entity)
1
140
14018
1801
Request for Continued Examination (RCE) Transmittal (First Request) (undiscounted)
70,734
1,360
96,198,24018
2801
Request for Continued Examination (RCE) Transmittal (First Request) (small entity)
19,673
544
10,702,11218
3801
Request for Continued Examination (RCE) Transmittal (First Request) (micro entity)
1,992
272
541,82418
1820
Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (undiscounted)
29,979
2,000
59,958,00018
2820
Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (small entity)
8,985
800
7,188,00018
3820
Request for Continued Examination (RCE) Transmittal (Second and Subsequent Requests) (micro entity)
637
400
254,80019
1830
Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (undiscounted)
354
140
49,56019
2830
Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (small entity)
245
56
13,72019
3830
Request for Suspension of Action or Deferral of Examination Under 37 CFR 1.103(b), (c), or (d) (micro entity)
31
28
868( print page 5505)20
1803
Request for Voluntary Publication or Republication (includes publication fee for republication) (undiscounted)
157
140
21,98020
2803
Request for Voluntary Publication or Republication (includes publication fee for republication) (small entity)
19
140
2,66020
3803
Request for Voluntary Publication or Republication (includes publication fee for republication) (micro entity)
4
140
56022
1830
Processing Fee Under 37 CFR 1.17(i) Transmittal (undiscounted)
56
140
7,84022
2830
Processing Fee Under 37 CFR 1.17(i) Transmittal (small entity)
39
56
2,18422
3830
Processing Fee Under 37 CFR 1.17(i) Transmittal (micro entity)
5
28
14029
1810
For each additional invention to be examined (see 37 CFR 1.129(b)) (undiscounted)
1
880
88029
2810
For each additional invention to be examined (see 37 CFR 1.129(b)) (small entity)
1
352
35229
3810
For each additional invention to be examined (see 37 CFR 1.129(b)) (micro entity)
1
176
17629
1809
Filing a submission after final rejection (see 37 CFR 1.129(a)) (undiscounted)
17
880
14,96029
2809
Filing a submission after final rejection (see 37 CFR 1.129(a)) (small entity)
20
352
7,04029
3809
Filing a submission after final rejection (see 37 CFR 1.129(a)) (micro entity)
6
176
1,05630
1819
Correction of inventorship after first office action on the merits (undiscounted)
793
640
507,52030
2819
Correction of inventorship after first office action on the merits (small entity)
617
256
157,95230
3819
Correction of inventorship after first office action on the merits (micro entity)
60
128
7,68031
1830
Request for correction in a patent application relating to inventorship or an inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (undiscounted)
7,122
140
997,08031
2830
Request for correction in a patent application relating to inventorship or an inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (small entity)
5,180
56
290,08031
3803
Request for correction in a patent application relating to inventorship or an inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (non-provisional) (micro entity)
648
28
18,14431
1807
Request for correction in a patent application relating to inventorship or an inventor name, or order of names, other than in a reissue application (37 CFR 1.48) (provisional)
5,550
50
277,500N/A
1817
Request for prioritized examination (undiscounted)
6,481
4,200
27,220,200N/A
2817
Request for prioritized examination (small entity)
7,491
1,680
12,584,880N/A
3817
Request for prioritized examination (micro entity)
1,028
840
863,520Totals


533,476

363,579,616
 Postage Costs Although the USPTO prefers that the items in this information collection be submitted electronically, responses may be submitted by mail through the United States Postal Service (USPS). The USPTO estimates that 1% of the 2,435,597 items will be submitted in the mail resulting in 24,356 mailed items. The USPTO estimates that the average postage cost for a mailed submission, using a Priority Mail flat rate legal envelope, will be $9.95. Therefore, the USPTO estimates that the total mailing costs for this information collection is $242,342. IV. Request for Comments The USPTO is soliciting public comments to: (a) Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility; (b) Evaluate the accuracy of the Agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (c) Enhance the quality, utility, and clarity of the information to be collected; and (d) Minimize the burden of the collection of information on those who 
                    ( print page 5506)
                    are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, 
                    *e.g.,*
                     permitting electronic submission of responses. All comments submitted in response to this notice are a matter of public record. USPTO will include or summarize each comment in the request to OMB to approve this information collection. Before including an address, phone number, email address, or other personally identifiable information (PII) in a comment, be aware that the entire comment—including PII—may be made publicly available at any time. While you may ask in your comment to withhold PII from public view, USPTO cannot guarantee that it will be able to do so. Justin Isaac, Information Collections Officer, Office of the Chief Administrative Officer, United States Patent and Trademark Office.


[FR Doc. 2024-01722 Filed 1-26-24; 8:45 am] BILLING CODE 3510-16-P