FR 2021-00943

Summary of the Document

The document in question is a notice from the United States Patent and Trademark Office (USPTO), part of the Commerce Department, regarding an information collection associated with patent petitions related to application and reexamination processing fees. This notice indicates that the USPTO is seeking comments from the public concerning the renewal of this information collection. The goal is to assess how these requirements impact the agency and how to minimize the reporting burden on the public. The USPTO provides an opportunity for additional public comments within 30 days following the publication of this notice. The document outlines several key details, including the number of respondents, the estimated time burden for each response, and the associated non-hour cost burden.

Significant Issues and Concerns

The document raises some significant issues due to its technical nature and the lack of detailed explanations in certain sections:

• Unclear Details on Petitions: The document does not specify the exact types of patent petitions covered under this information collection. Such lack of specificity might confuse respondents who are unsure if their petition qualifies.

• Vague Time Estimates: The range provided for the time required to respond (from 5 minutes to 12 hours) is quite broad. Without precise guidance, respondents might find it challenging to prepare their submissions, potentially leading to inefficiencies.

• Cost Breakdown: While the document provides a total annual non-hour cost burden, it lacks a detailed breakdown of these costs, which could help stakeholders better understand any financial obligations they might face.

• Technical Language and References: The notice uses specific legal references to regulations without providing context or explanation. Such jargon can be difficult for non-experts to decipher, limiting public engagement and understanding.

• Respondent Data Transparency: The lack of explanation regarding how respondent numbers and burden hours were calculated could lead to questions about the validity and methodology underlying these figures.

Potential Impact on the Public

Broadly, the information collection detailed in this document impacts individuals and entities involved in the patent application process, particularly those filing petitions related to the processing fees. The estimated time and cost burdens might deter some stakeholders from participating in this important administrative process. Additionally, the complexity and potential opacity of the process might create challenges for those without prior experience with USPTO procedures.

Impact on Specific Stakeholders

Specific stakeholders, such as patent attorneys, applicants, and businesses heavily reliant on intellectual property, are likely to be directly affected. On the positive side, the collection helps the USPTO streamline its processing efficiency and maintain structured records, potentially benefiting patent applicants by accelerating processing times. However, for individual inventors or small businesses, the associated time and cost burdens could pose significant hurdles, possibly leading to disenfranchisement within the patent system. These stakeholders might benefit from clearer guidance and better communication to ease the burden and improve compliance.

In conclusion, while the notice aims to collect crucial feedback to enhance the efficacy of the USPTO’s processes, the lack of clarity and potential complexity of the requirements may hinder rather than help public participation. Stakeholders are encouraged to submit comments or request further clarifications to ensure these processes are accessible and manageable for all parties involved.

In the Federal Register document submitted by the United States Patent and Trademark Office (USPTO) concerning patent petitions related to application and reexamination processing fees, there is a notable reference to the financial aspect of the information collection process. The Estimated Total Annual Non-Hour Cost Burden is identified as $3,195,134. This figure represents the anticipated costs associated with the processing of patent petitions beyond the time commitment required from respondents.

These non-hour costs typically include fees necessary for submitting various types of petitions related to patent applications and reexamination processes. However, the document does not provide a breakdown of what these costs include or how they are distributed among the different petition types and associated processes. This lack of detail may contribute to the complexity mentioned in the identified issues, as it does not clarify to potential respondents the financial commitment they might expect when interacting with the USPTO concerning these matters.

Furthermore, the document refers generally to the cost burden without detailing the specific uses of these funds. Such an explanation could illuminate the individual costs corresponding to different actions or submissions required by the process, offering potential clarity to respondents. With the absence of detailed cost allocation, respondents might have difficulty assessing the full financial impact of their involvement in the procedures covered by this collection request.

The document touches on other details such as the average hour per response, which ranges significantly from 5 minutes to 12 hours, yet does not correlate this information to financial implications directly. This wide range could reflect varying levels of complexity across different types of petitions and the consequent variance in potential fees, yet this is not explicitly stated.

For individuals or organizations looking to submit opinions during the additional 30-day comment period, it would be beneficial for the USPTO to consider providing a more detailed explanation of these financial implications. Clar