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                      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: 0651-0071 (Matters Related to First Inventor to File). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB.
 DATES: To ensure consideration, comments regarding this information collection must be received on or before December 9, 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: InformationCollection@uspto.gov.*
                         Include “0651-0071 comment” in the subject line of the message.
                    *Federal eRulemaking Portal: http://www.regulations.gov.*
                    *Mail:*
                         Justin Isaac, Office of the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
 FOR FURTHER INFORMATION CONTACT: Request 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 at 
                        *raul.tamayo@uspto.gov*
                         with “0651-0071 comment” in the subject line. Additional information about this information collection is also available 
                        ( print page 81895)
                        at 
                        *http://www.reginfo.gov*
                         under “Information Collection Review.”


SUPPLEMENTARY INFORMATION:  I. Abstract Section 3 of the Leahy-Smith America Invents Act (AIA), 
                    *inter alia,*
                     amended 35 U.S.C. 102 and 103 consistent with the objectives of the AIA, including the conversion of the United States patent system from a “first to invent” system to a “first inventor to file” system. The changes to 35 U.S.C. 102 and 103 in section 3 of the AIA went into effect on March 16, 2013, but apply only to certain applications filed on or after March 16, 2013. This information collection covers information required by 37 CFR 1.55(k), 1.78(a)(6), and 1.78(d)(6) 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 in effect on March 15, 2013. The information is only required in nonprovisional applications filed on or after March 16, 2013, that claim foreign priority to, or domestic benefit of, an application filed before March 16, 2013. Moreover, the information is not required if the nonprovisional application filed on or after March 16, 2013, claims the benefit of an earlier application in which a statement under 37 CFR 1.55(k), 1.78(a)(6), or 1.78(d)(6) has already been filed. Given the passage of time, it is increasingly rare for a newly filed nonprovisional application to claim foreign priority to, or domestic benefit of, an application filed before March 16, 2013, without also claiming benefit of an earlier application in which the statement has already been filed. Accordingly, the estimated responses for this collection continue to decrease. II. Method of Collection The items in this information collection may be submitted electronically, or by mail, facsimile, or hand delivery. III. Data *OMB Control Number:*
                     0651-0071. *Forms:*
                     None. *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. *Frequency:*
                     On occasion. *Estimated Number of Annual Respondents:*
                     50 respondents. *Estimated Number of Annual Responses:*
                     50 responses. *Estimated Time per Response:*
                     The USPTO estimates that the responses in this information collection will take the public approximately 2 hours to complete. 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:*
                     100 hours. *Estimated Total Annual Respondent Hourly Cost Burden:*
                     $44,700. Table 1—Total Burden Hours and Hourly Costs to Private Sector Respondents
Item No.
Item
Estimated
                             annual 
                             respondents
Responses per
                             respondent
Estimated
                             annual 
                             responses
Estimated time for
                             response 
                             (hours)
Estimated
                             burden 
                             (hour/year)
Rate 1
                             ($/hour)
Estimated
                             annual 
                             respondent cost burden(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
(f)
(e) × (f) = (g)1
Submissions Under 37 CFR 1.55(k)
25
1
25
2
50
$447
$22,3502
Submissions Under 37 CFR 1.78(a)(6)
20
1
20
2
40
447
17,8803
Submissions Under 37 CFR 1.78(d)(6)
5
1
5
2
10
447
4,470Totals

50

50

100

44,700
 *Estimated Total Annual Respondent Non-hourly Cost Burden:*
                     $10. There are no capital start-up costs, maintenance costs, recordkeeping costs, or filing fees associated with this information collection. However, the USPTO estimates that the total annual non-hour cost burden for this information collection in the form of postage is $10. 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 one item will be submitted in the mail. The USPTO estimates that the average postage cost for a mailed submission, using a Priority Mail legal flat rate envelope, will be $10.15. Therefore, the USPTO estimates the total mailing costs for this information collection at $10. 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 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. The 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, the 
                    ( print page 81896)
                    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.


# Footnotes

1.
    
                         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*). Back to Citation


[FR Doc. 2024-23349 Filed 10-8-24; 8:45 am] BILLING CODE 3510-16-P