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 Department of Commerce Patent and Trademark Office
 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, invites the general public and other Federal agencies to take this opportunity 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 December 28, 2009.
 ADDRESSES: You may submit comments by any of the following methods: *E-mail: Susan.Fawcett@uspto.gov.*
                         Include A0651-0021 
                        *comment@*
                         in the subject line of the message.
                    *Fax:*
                         571-273-0112, marked to the attention of Susan K. Fawcett.
                    *Mail:*
                         Susan K. Fawcett, Records Officer, Office of the Chief Information Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.
                    *Federal Rulemaking Portal: http://www.regulations.gov.*
 FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Rafael Bacares, Office of PCT Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-3276; or by e-mail to 
                        *Rafael.Bacares@uspto.gov.*


SUPPLEMENTARY INFORMATION: I. Abstract This collection of information is required by the provisions of the Patent Cooperation Treaty (PCT), which became operational in June 1978 and is administered by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) in Geneva, Switzerland. The provisions of the PCT have been implemented by the United States in Part IV of Title 35 of the U.S. Code and Subpart C of Title 37 of the Code of Federal Regulations. The purpose of the PCT is to provide a standardized filing format and procedure that allows an applicant to seek protection for an invention in several countries by filing one international application in one location, in one language, and paying one initial set of fees. The information in this collection is used by the public to submit a patent application under the PCT and by the United States Patent and Trademark Office (USPTO) to fulfill its obligation to process, search, and examine the application as directed by the treaty. The USPTO acts as the United States Receiving Office (RO/US) for international applications filed by residents and nationals of the United States. These applicants send most of their correspondence directly to the USPTO, but they may also file certain documents directly with the IB. The USPTO also serves as an International Searching Authority (ISA) and an International Preliminary Examining Authority (IPEA). The USPTO is updating this information collection to reflect the current practice and fee structure for PCT applications entering the national stage at the USPTO. A form is being added to this collection for the previously approved information requirement for the withdrawal of an international application. This form (PCT/IB/372) is developed and maintained by the WIPO. II. Method of Collection By mail, hand delivery, or electronically to the USPTO. Electronic submissions are made through EFS-Web, the USPTO's online filing system for patent applications and related documents. III. Data *OMB Number:*
                     0651-0021. *Form Number(s):*
                     PCT/RO/101, PCT/RO/134, PCT/IB/372, PCT/IPEA/401, PTO-1382, PTO-1390, PTO/SB/61/PCT, PTO/SB/64/PCT. *Type of Review:*
                     Revision of a currently approved collection. *Affected Public:*
                     Individuals or households; businesses or other for-profits; and not-for-profit institutions. *Estimated Number of Respondents:*
                     363,809 responses per year. *Estimated Time per Response:*
                     The USPTO estimates that it will take the public from 15 minutes (0.25 hours) to 8 hours to gather the necessary information, prepare the appropriate form or documents, and submit the information to the USPTO. *Estimated Total Annual Respondent Burden Hours:*
                     341,840 hours per year. *Estimated Total Annual Respondent Cost Burden:*
                     $105,970,400 per year. The USPTO expects that the information in this collection will be prepared by attorneys. Using the professional rate of $310 per hour for attorneys in private firms, the USPTO estimates that the respondent cost burden for submitting the information in this collection will be $105,970,400 per year.
                    ( print page 54953) Item
Estimated time for
                             response
Estimated
                             annual 
                             responses
Estimated
                             annual 
                             burden hoursRequest and Fee Calculation Sheet (Annex and Notes) (PCT/RO/101)
1 hour
53,527
53,527Description/claims/drawings/abstracts
3 hours
53,527
160,581Application Data Sheet
23 minutes
39,592
15,045Transmittal Letter to the United States Receiving Office (RO/US) (PTO-1382)
15 minutes
48,174
12,044Transmittal Letter to the United States Designated/Elected Office (DO/EO/US) Concerning a Submission Under 35 U.S.C. 371 (PTO-1390)
15 minutes
58,794
14,699PCT/Model of Power of Attorney
15 minutes
5,353
1,338PCT/Model of General Power of Attorney
15 minutes
536
134Extensions of time
15 minutes
21,000
5,250Priority documents
15 minutes
20
5Indications Relating to a Deposited Microorganism (PCT/RO/134)
15 minutes
20
5Response to invitation to correct defects
2 hours
18,524
37,048Request for rectification of obvious errors
30 minutes
589
295Demand and Fee Calculation Sheet (Annex and Notes) (PCT/IPEA/401)
1 hour
3,365
3,365Amendments
1 hour
3,365
3,365Fee Authorization
15 minutes
48,174
12,044Requests to transmit copies of international application
15 minutes
501
125Withdrawal of international application (PCT/IB/372)
15 minutes
1,306
327Translations
2 hours
1,655
3,310Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unavoidably Under 37 CFR 1.137(a) (PTO/SB/61/PCT)
8 hours
55
440Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b) (PTO/SB/64/PCT)
1 hour
1,027
1,027Petitions to the Commissioner for international applications
4 hours
581
2,324Petitions to the Commissioner in national stage examination
4 hours
3,287
13,148Acceptance of an unintentionally delayed claim for priority
2 hours
117
234Request for the restoration of the right of priority (37 CFR 1.78)
3 hours
720
2,160Totals

363,809
341,840
 *Estimated Total Annual Non-hour Respondent Cost Burden:*
                     $282,024,234 per year. There are no capital start-up or maintenance costs associated with this information collection. However, this collection does have annual (non-hour) costs in the form of translations, drawings, fees, recordkeeping costs, and postage costs. Under the terms of the PCT, the USPTO may require documents submitted for a PCT application to be translated into English when necessary. This requirement may carry additional costs for the applicant to contract for a translation of the documents in question. The USPTO believes that the average length of the documents to be translated will be 10 pages and that it will cost $150 per page for the translation, for an average translation cost of $1,500 per document. The USPTO estimates that it receives approximately 1,655 English translations annually, for a total cost of $2,482,500 per year for English translations of non-English language documents for PCT applications. Applicants may also incur costs for drawings that are submitted as part of PCT applications. Some applicants may produce their own drawings, while others may contract out the work to various patent illustration firms. For the purpose of estimating burden for this collection, the USPTO will consider all applicants to have their drawings prepared by these firms. The USPTO estimates that drawings may cost an average of $58 per sheet to produce and that on average 11 sheets of drawings are submitted per application, for an average total cost of $638 to produce a set of drawings for an application. The USPTO expects that approximately 91% of the estimated 53,527 applications per year will have drawings filed with them, for a total of 48,710 sets of drawings at a total cost of $31,076,980 per year. The estimated filing fees for this collection are calculated in the accompanying table. The fees listed for Requests and Demands represent an estimate of the average fees for filing the appropriate items associated with those requirements for an international application. The basic national fee under 37 CFR 1.492(a) for an international application entering the national stage is fixed at $330 ($165 for small entities). The search and examination fees under 37 CFR 1.492(b)-(c) vary depending on the outcome of the written opinion prepared by the ISA/US, the international preliminary examination report prepared by the IPEA/US, and other related factors as noted in the accompanying table. The basic national fee, search fee, examination fee, and the fees for petitions to revive unavoidably or unintentionally abandoned international applications are discounted for small entities. Item
Estimated
                             annual 
                             responses
Fee amount
Estimated
                             annual 
                             filing costsRequest and Fee Calculation Sheet (Annex and Notes) (PCT/RO/101)
53,527
$3,504.00
$187,558,608.00Description/claims/drawings/abstracts
53,527
0.00
0.00Application Data Sheet
39,592
0.00
0.00Transmittal Letter to the United States Receiving Office (RO/US) (PTO-1382)
48,174
0.00
0.00( print page 54954)Transmittal Letter to the United States Designated/Elected Office (DO/EO/US) (PTO-1390)—U.S. was the ISA or IPEA and all claims satisfy PCT Article 33(1)-(4); includes $330 basic fee, $0 search fee, and $0 examination fee
808
330.00
266,640.00Transmittal Letter to the DO/EO/US (PTO-1390)—U.S. was the ISA or IPEA and all claims satisfy PCT Article 33(1)-(4); includes $165 basic fee, $0 search fee, and $0 examination fee for small entity
202
165.00
33,330.00Transmittal Letter to the DO/EO/US (PTO-1390)—U.S. was the ISA; includes $330 basic fee, $100 search fee, and $220 examination fee
1,935
650.00
1,257,750.00Transmittal Letter to the DO/EO/US (PTO-1390)—U.S. was the ISA; includes $165 basic fee, $50 search fee, and $110 examination fee for small entity
2,604
325.00
846,300.00Transmittal Letter to the DO/EO/US (PTO-1390)—International search report prepared by other than the U.S. and provided to the USPTO or previously communicated to the U.S. by the IB; includes $330 basic fee, $430 search fee, and $220 examination fee
40,994
980.00
40,174,120.00Transmittal Letter to the DO/EO/US (PTO-1390)—International search report prepared by other than the U.S. and provided to the USPTO or previously communicated to the U.S. by the IB; includes $165 basic fee, $215 search fee, and $110 examination fee for small entity
9,667
490.00
4,736,830.00Transmittal Letter to the DO/EO/US (PTO-1390)—All other situations; includes $330 basic fee, $540 search fee, and $220 examination fee
1,669
1,090.00
1,819,210.00Transmittal Letter to the DO/EO/US (PTO-1390)—All other situations; includes $165 basic fee, $270 search fee, and $110 examination fee for small entity
915
545.00
498,675.00PCT/Model of Power of Attorney
5,353
0.00
0.00PCT/Model of General Power of Attorney
536
0.00
0.00Extensions of time
21,000
0.00
0.00Priority documents
20
0.00
0.00Indications Relating to a Deposited Microorganism (PCT/RO/134)
20
0.00
0.00Response to invitation to correct defects
18,524
0.00
0.00Request for rectification of obvious errors
589
0.00
0.00Demand and Fee Calculation Sheet (Annex and Notes) (PCT/IPEA/401)
3,365
771.00
2,594,415.00Amendments
3,365
0.00
0.00Fee Authorization
48,174
0.00
0.00Requests to transmit copies of international application
501
0.00
0.00Withdrawal of international application (PCT/IB/372)
1,306
0.00
0.00Translations
1,655
0.00
0.00Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unavoidably Under 37 CFR 1.137(a) (PTO/SB/61/PCT)
25
540.00
13,500.00Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unavoidably Under 37 CFR 1.137(a) (PTO/SB/61/PCT)—small entity
30
270.00
8,100.00Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b) (PTO/SB/64/PCT)
565
1,620.00
915,300.00Petition for Revival of an International Application for Patent Designating the U.S. Abandoned Unintentionally Under 37 CFR 1.137(b) (PTO/SB/64/PCT)—small entity
462
810.00
374,220.00Petitions to the Commissioner for international applications
581
130.00
75,530.00Petitions to the Commissioner in national stage examination
3,287
200.00
657,400.00Acceptance of an unintentionally delayed claim for priority
117
1,410.00
164,970.00Request for the restoration of the right of priority (37 CFR 1.78)
720
1,410.00
1,015,200.00Totals
363,809

243,010,098.00
 In addition to the filing fees listed in the table, applicants may also incur fees for late filings, multiple dependent claims, and lengthy applications. The fee for the late filing of search or examination fees under 37 CFR 1.492(h) is $130 for large entities and $65 for small entities. The USPTO estimates that it will receive approximately 20,053 of these late payment fees for large entities and 7,632 for small entities per year, for a total of $3,102,970. The fee for the late filing of an English translation of an international application under 37 CFR 1.492(i) is $130. The USPTO estimates that it will receive approximately 116 of these late translation fees per year, for a total of $15,080. The fee for applications containing a multiple dependent claim is $390 for large entities and $195 for small entities. The USPTO estimates that it will receive approximately 3,530 of these multiple dependent claim fees for large entities and 1,158 for small entities per year, for a total of $1,602,510. Applications with specifications and drawings that exceed 100 pages may be subject to an application size fee of $270 ($135 for small entities) for each additional 50 pages or fraction thereof. The USPTO estimates that it will receive approximately 2,205 of the $270 size fees from large entities and approximately 621 of the $135 size fees from small entities per year, for a total of $679,185. The total estimated fees for this collection, including filing fees and other additional fees, will be approximately $248,409,843 per year. There are recordkeeping costs associated with filing PCT submissions online using EFS-Web. The USPTO recommends that customers print and retain a copy of the acknowledgment receipt after a successful online submission. The USPTO estimates that it will take five seconds (0.001 hours) to print a copy of the acknowledgment receipt and that approximately 309,238 PCT-related items per year will be submitted via EFS-Web, for a total of approximately 309 hours per year for printing this receipt. The USPTO expects that these receipts will be printed by paraprofessionals at an 
                    ( print page 54955)
                    estimated rate of $100 per hour, for an estimated recordkeeping cost of $30,900 per year. Customers may incur postage costs when submitting the information in this collection to the USPTO by mail. The USPTO estimates that the average first-class postage cost for a mailed submission will be 44 cents and that up to 54,571 submissions will be mailed to the USPTO per year. The total estimated postage cost for this collection is $24,011 per year. The total annual (non-hour) respondent cost burden for this collection associated with translations, drawings, fees, recordkeeping, and postage is estimated to be $282,024,234 per year. 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, e.g., 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 also will become a matter of public record. Dated: October 20, 2009. Susan K. Fawcett, Records Officer, USPTO, Office of the Chief Information Officer.


[FR Doc. E9-25652 Filed 10-23-09; 8:45 am] BILLING CODE 3510-16-P