[Federal Register Volume 63, Number 138 (Monday, July 20, 1998)]
[Notices]
[Pages 38809-38810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19204]



[[Page 38809]]

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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Recording Assignments (Formerly Called Changes in Patent and 
Trademark Practices)

ACTION: Proposed collection; comment request.

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SUMMARY: The Department of Commerce (DoC), as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to comment on the continuing 
information collection, as required by the Paperwork Reduction Act of 
1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

DATES: Written comments must be submitted on or before September 18, 
1998.

ADDRESSES: Direct all written comments to Linda Engelmeier, 
Departmental Forms Clearance Officer, Department of Commerce, Room 
5327, 14th and Constitution Avenue, NW, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to the attention of Audrey Britt, Manager of the 
Assignment Division, by telephone at (703) 308-9706 or by facsimile 
transmission to (703) 308-7124.

SUPPLEMENTARY INFORMATION:

I. Abstract

    As part of the responsibilities outlined by 35 U.S.C. 261 and 262 
for patents, and 15 U.S.C. 1057 and 1060 of the Trademark Act of 1946 
for trademarks, the Patent and Trademark Office (PTO) records a variety 
of documents submitted to them by the public, corporations, other 
federal agencies, and Government-owned or Government-controlled 
corporations. These individuals, federal agencies, and corporations can 
submit various documents which establish their rights, and/or titles 
for patents and trademarks to the PTO for recording. This officially 
and publicly establishes their rights and titles. These documents 
typically include items such as transfers of properties (i.e., patents 
and trademarks), liens, licenses, assignments of interest, security 
interests, mergers, and explanations of transactions or other documents 
that record the transfer of ownership from one party to another. The 
PTO can also record assignments for applications, patents, and 
trademarks. By submitting these various items, the individual, federal 
agency or corporation can establish their ownership of an item.
    Once the document has been recorded, it is available to the public. 
All recorded documents, except for those under secrecy orders or those 
in which the federal government has a documented interest, can be 
viewed by the public. The public uses these documents to conduct 
ownership and chain-of-title searches. The public can view these 
records either at the PTO or the National Archives and Records 
Administration, depending on when they were recorded.
    To make the recording process faster, more efficient, and more 
accurate, the PTO developed an automated system called the Patent and 
Trademark Assignment System or PTAS. This system helps automate the 
movement of the various documents to be recorded throughout the PTO 
Assignment Division.
    In order to accurately record a document and to take advantage of 
the speed and efficiency of the PTAS, the PTO developed cover sheets to 
submit with the document to be recorded. These cover sheets capture all 
of the necessary data needed to accurately record the various 
documents. These cover sheets were also designed so that they can be 
easily scanned into the PTAS. At this time, only the cover sheets can 
be scanned into the PTAS. The PTO does not currently use any automated, 
electronic, mechanical, or any other technological collection methods 
to collect the information for patent and application assignments.

II. Method of Collection

    By mail, facsimile transmission, or hand carried to the Patent and 
Trademark Office.

III. Data

    OMB Number: 0651-0027.
    Type of Review: Renewal without change.
    Affected Public: Individuals or households, businesses or other 
for-profit, not-for-profit institutions, farms, state, local or tribal 
governments, and the Federal Government.
    Estimated Number of Respondents: 320,000 responses per year.
    Estimated Time Per Response: It is estimated to take the public six 
minutes to complete an assignment of an application (Form PTO/SB/15) 
and an assignment of a patent (Form PTO/SB/41). It is estimated to take 
a half hour to complete a trademark recordation form cover sheet or a 
patent recordation form cover sheet.
    Estimated Total Annual Respondent Burden Hours: 100,000 hours per 
year.
    Estimated Total Annual Respondent Cost Burden: $17,500,000 per 
year.

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                                                                                                                                 Estimated              
                                                                                                                                   annual     Estimated 
      Title of form or function                           Form number(s)                        Estimated time for response        burden       annual  
                                                                                                                                   hours      responses 
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Assignment of Application...........  PTO/SB/15............................................  6 mins...........................        7,500        7,500
Assignment of Patent................  PTO/SB/41............................................  6 mins...........................        7,500       75,000
Trademark Recordation Form Cover      Form PTO-1618A, B, & C...............................  30 mins..........................       42,500       85,000
 Sheet.                                                                                                                                                 
Patent Recordation Form Cover Sheet.  Form PTO-1619A, B, & C...............................  30 mins..........................       42,500       85,000
                                                                                                                               -------------------------
    Totals..........................  .....................................................  .................................      100,000      320,000
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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; 
(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.
    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.


[[Page 38810]]


    Dated: July 14, 1998.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of Management and 
Organization.
[FR Doc. 98-19204 Filed 7-17-98; 8:45 am]
BILLING CODE 3510-16-P