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Notice

Green Technology Pilot Program

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 new information collection, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).

 

Table of Contents Back to Top

DATES: Back to Top

Written comments must be submitted on or before March 15, 2010.

ADDRESSES: Back to Top

You may submit comments by any of the following methods:

  • E-mail: Susan.Fawcett@uspto.gov. Include A0651-0062 Green Technology Pilot Program 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: Back to Top

Requests for additional information should be directed to Brian Hanlon, Director, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-5047; or by e-mail at Brian.Hanlon@uspto.gov.

SUPPLEMENTARY INFORMATION: Back to Top

I. Abstract Back to Top

The United States Patent and Trademark Office (USPTO) is implementing a streamlined examination pilot program for patent applications pertaining to green technologies, including greenhouse gas reduction.

The green technology pilot program will permit patent applications pertaining to green technology, i.e., environmental quality, energy conservation, development of renewable energy, or greenhouse gas emission reduction, to be accorded special status for examination using an expedited procedure that is similar to the existing first action interview pilot program without meeting the current requirements of the accelerated examination program. The first action interview pilot and accelerated examination programs are both covered under OMB Control Number 0651-0031.

This pilot will support national and international green technology initiatives and is expected to run for six months.

II. Method of Collection Back to Top

Electronically using the USPTO online filing system EFS-Web.

III. Data Back to Top

OMB Number: 0651-0062.

Form Number(s): PTO/SB/420.

Type of Review: New collection.

Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions.

Estimated Number of Respondents: 5,225 responses per year.

Estimated Time Per Response: The USPTO estimates that it will take the public between 1 hour and 10 hours to gather the necessary information, prepare the appropriate form or other documents, and submit the information to the USPTO.

Estimated Total Annual Respondent Burden Hours: 6,850 hours per year.

Estimated Total Annual Respondent Cost Burden:$2,123,500 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 this collection will be approximately $2,123,500 per year.

Item Estimated time for response Estimated annual responses Estimated annual burden hours
Request for Green Technology Pilot Program (PTO/SB/420) 1 hour 5,000 5,000
Protests by the public against pending applications under 37 CFR 1.291 10 hours 65 650
Third-party submissions in published applications under 37 CFR 1.99 7.5 hours 160 1,200
Total 5,225 6,850

Estimated Total Annual Non-Hour Respondent Cost Burden:$30,210 per year. There are no capital start-up or maintenance costs associated with this information collection. However, this collection does have record keeping costs and filing fees for the second or subsequent protest filed by the same real party in interest and for a third-part submission under 37 CFR 1.99.

When submitting the information in this collection to the USPTO electronically through EFS-Web, the applicant is strongly urged to retain a copy of the file submitted to the USPTO as evidence of authenticity in addition to keeping the acknowledgment receipt as clear evidence of the date the file was received by the USPTO. The USPTO estimates that it will take 5 seconds (0.001 hours) to print and retain a copy of the EFS-Web submissions and that approximately 5,225 submissions per year will be submitted electronically, for a total of approximately 5 hours per year for printing this receipt. Using the paraprofessional rate of $100 per hour, the USPTO estimates that the recordkeeping cost associated with this collection will be approximately $500 per year.

There is no fee for filing protests under 37 CFR 1.291 unless the filed protest is the second or subsequent protest by the same real party in interest, in which case the 1.17(I) fee of $130 must be included (the USPTO estimates 7 of the 65 protests filed per year will trigger this fee). Third-party submissions under 37 CFR 1.99 must include the 1.17(p) fee of $180. The USPTO estimates that the total fees associated with this collection will be approximately $29,710 per year.

The total non-hour respondent cost burden for this collection in the form of record keeping costs ($500) and filing fees ($29,710) is approximately $30,210 per year.

IV. Request for Comments Back to Top

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: January 6, 2010.

Susan K. Fawcett,

Records Officer, USPTO, Office of the Chief Information Officer.

[FR Doc. 2010-373 Filed 1-11-10; 8:45 am]

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