Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices 1245 

implement the PLT and title II of the 

PLTIA, the USPTO provided that, in 

order to be accorded a filing date, a 

nonprovisional application (other than 

an application for a design patent) must 

include a specification with or without 

claims. See Changes To Implement the 

Patent Law Treaty, 78 FR 62367, 62369 

(Oct. 21, 2013) (final rule). This change 

was effective on December 18, 2013, and 

applies to any application filed under 

35 U.S.C. 111 on or after December 18, 

2013. Although a claim is not required 

in a nonprovisional application (other 

than an application for a design patent) 

for filing date purposes and the 

applicant may file an amendment 

adding additional claims (as prescribed 

by 35 U.S.C. 112) and drawings (as 

prescribed by 35 U.S.C. 113) later 

during prosecution, the applicant 

should consider the benefits of 

submitting a complete set of claims and 

any necessary drawings on filing of the 

nonprovisional application. This would 

reduce the likelihood that any claims 

and/or drawings added later during 

prosecution might be found to contain 

new matter. Also, if a patent is granted 

and the patentee is successful in 

litigation against an infringer, 

provisional rights to a reasonable 

royalty under 35 U.S.C. 154(d) may be 

available only if the claims that are 

published in the patent application 

publication are substantially identical to 

the patented claims that are infringed, 

assuming timely actual notice is 

provided. Thus, the importance of the 

claims that are included in the patent 

application publication should not be 

overlooked. 

Applicants are also advised that the 

extended missing parts period does not 

affect the 12-month priority period 

provided by the Paris Convention for 

the Protection of Industrial Property 

(Paris Convention). Accordingly, in 

most cases, any foreign filings must still 

be made within 12 months of the filing 

date of the provisional application if the 

applicant wishes to rely on the 

provisional application in the foreignfiled application or if protection is 

desired in a country requiring filing 

within 12 months of the earliest 

application for which rights are left 

outstanding in order to be entitled to 

priority. 

For additional reminders, see Pilot 

Program for Extended Time Period To 

Reply to a Notice to File Missing Parts 

of Nonprovisional Application, 75 FR 

76401, 76405 (Dec. 8, 2010), 1362 Off. 

Gaz. Pat. Office 44, 50 (Jan. 4, 2011). 

Dated: January 5, 2018. 

Joseph D. Matal, 

Associate Solicitor, performing the functions 

and duties of the Under Secretary of 

Commerce for Intellectual Property and 

Director of the United States Patent and 

Trademark Office. 

[FR Doc. 2018–00270 Filed 1–9–18; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

United States Patent and Trademark 

Office 

Fastener Quality Act Insignia Recordal 

Process 

ACTION: Proposed extension of an 

existing information collection; 

comment request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as required 

by the Paperwork Reduction Act of 

1995, invites comments on a proposed 

extension of an existing information 

collection: 0651–0028 (Fastener Quality 

Act Insignia Recordal Act). 

DATES: Written comments must be 

submitted on or before March 12, 2018. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: InformationCollection@

upsto.gov. Include ‘‘0651–0028 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Marcie Lovett, 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 Catherine Cain, 

Attorney Advisor, Office of the 

Commissioner for Trademarks, United 

States Patent and Trademark Office, 

P.O. Box 1450, Alexandria, VA 22313– 

1450; by telephone at 571–272–8946; or 

by email to Catherine.Cain@uspto.gov 

with ‘‘0651–0028 comment’’ in the 

subject line. Additional information 

about this collection is also available at 

http://www.reginfor.gov under 

‘‘Information Collection Review.’’ 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

Under Section 5 of the Fastener 

Quality Act (FQA) of 1999, 15 U.S.C. 

5401 et seq., certain industrial fasteners 

must bear an insignia identifying the 

manufacturer. It is also mandatory for 

manufacturers of fasteners covered by 

the FQA to submit an application to the 

USPTO for recordal of the insignia on 

the Fastener Insignia Register. 

The procedures for the recordal of 

fastener insignia under the FQA are set 

forth in 15 CFR 280.300 et seq. The 

purpose of requiring both the insignia 

and the recordation is to ensure that 

certain fasteners can be traced to their 

manufacturers and to protect against the 

sale of mismarked, misrepresented, or 

counterfeit fasteners. 

The insignia may be sourced from an 

existing trademark registered at USPTO, 

from a trademark that is proposed in an 

application to obtain a registration 

currently before the USPTO, or from a 

unique alphanumeric designation 

issued upon request from the USPTO. 

After a manufacturer submits a 

complete application for recordal, the 

USPTO issues a Certificate of Recordal. 

These certificates remain active for five 

years. Applications to renew the 

certificates must be filed within six 

months of the expiration date or, upon 

payment of an additional surcharge, 

within six months following the 

expiration date. 

If a recorded alphanumeric 

designation is assigned by the 

manufacturer to a new owner, the 

designation becomes ‘‘inactive’’ and the 

new owner must submit an application 

to reactivate the designation within six 

months of the date of assignment. If the 

recordal is based on a trademark 

application or registration and the 

registration is assigned to a new owner, 

the recordal becomes ‘‘inactive’’ and 

cannot be reassigned. Instead, the new 

owner of the trademark application or 

registration must apply for a new 

recordal. Manufacturers who record 

insignia must notify the USPTO of any 

changes of address. 

This information collection includes 

one form, the Application for Recordal 

of Insignia or Renewal/Reactivation of 

Recordal Under the Fastener Quality 

Act (PTO–1611), which provides 

manufacturers with a convenient way to 

submit a request for the recordal of a 

fastener insignia or to renew or 

reactivate an existing Certificate of 

Renewal. 

The public uses this information 

collection to comply with the insignia 

recordal provisions of the FQA. The 

USPTO uses the information in this 

collection to record or renew insignias 

under the FQA and to maintain the 

Fastener Insignia Register, which is 

open for public inspection and is 

updated quarterly. The public may 

download the Fastener Insignia Register 

from the USPTO website. 


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1246 Federal Register / Vol. 83, No. 7 / Wednesday, January 10, 2018 / Notices 

III. Method of Collection 

By mail, facsimile, hand delivery, or 

electronic submission to the USPTO. 

III. Data 

OMB Number: 0651–0028. 

IC Instruments and Forms: PTO–1611. 

Type of Review: Revision of a 

Previously Existing Information 

Collection. 

Affected Public: Businesses or other 

for-profits. 

Estimated Number of Respondents: 96 

responses per year. 

Estimated Time per Response: The 

USPTO estimates that it will take the 

public approximately 20 minutes (0.33 

hours) to gather the necessary 

information, prepare the form, and 

submit the request for recordal or 

renewal of a fastener insignia to the 

USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 32 hours. 

Estimated Total Annual Respondent 

(Hourly) Cost Burden: $4,640.00. The 

USPTO estimates that a 

paraprofessional will complete these 

applications. The professional hourly 

rate for a paraprofessional is $145. The 

rate is established by estimates in the 

2016 Report on the Economic Survey, 

published by the Committee on 

Economics of Legal Practice of the 

American Intellectual Property Law 

Association. 

IC No. Item 

Estimated time 

for responses 

(hours) 

Estimated annual responses Estimated annual burden 

cost 

Rate 

Estimated annual hourly 

cost 

($) 

(a) (b) (c) 

(a) × (b) 

(d) (e) 

(c) × (d) 

1 ............... Applications for Recordal of Insignia or Renewal/Reactivation of Recordal Under the 

Fastener Quality Act.

0.33 96 32 $145.00 $4,640.00 

Totals ........................................................................ ........................ 96 32 ........................ 4,640.00 

Estimate Total Annual Non-hour 

Respondent Cost Burden: $2,121.96. 

There are no capital start-up, 

recordkeeping, or maintenance costs 

associated with this information 

collection. However, this collection 

does have annual (non-hour) costs in 

the form of filing fees and 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% of the response in 

this collection will be submitted 

electronically. Of the remaining 2%, 

will be submitted by mail for a total of 

2 mailed submissions. The average cost 

for a first-class, 1-ounce large envelope 

is $0.98. Therefore, the USPTO 

estimates that the postage costs for the 

mailed submissions in this collection 

will total $1.96. 

There are two filing fees associated 

with this collection, which total 

$2,120.00. These fees are detailed in the 

table below. 

IC No. Items Responses Filing fee Filing fee 

costs 

1a ........................ Filing an application for recordal of insignia or renewal/reactivation of 

recordal.

96 $20.00 $1,920.00 

1b ........................ Surcharge for filing six months after the expiration date—Filing an application for recordal of insignia or renewal/reactivation of recordal.10 20.00 200.00 

Totals ........... ..................................................................................................................... 106 ........................ 2,120.00 

Therefore, the USPTO estimates that 

the total annual (non-hour) cost burden 

for this collection in the form of filing 

fees ($2,120.00) and postage costs 

($1.96) is $2,121.96 per year. 

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. 2018–00264 Filed 1–9–18; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF ENERGY 

Fusion Energy Sciences Advisory 

Committee (FESAC); Meeting 

AGENCY: Department of Energy, Office of 

Science. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Fusion Energy Sciences 

Advisory Committee (FESAC). The 

Federal Advisory Committee Act 

requires that public notice of these 

meetings be announced in the Federal 

Register. 

DATES: 

February 1, 2018—8:30 a.m. to 5:00 p.m. 

February 2, 2018—8:30 a.m. to 12:00 

noon. 

ADDRESSES: Gaithersburg Marriott 

Washingtonian Center, 9751 


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