Agency information collection activities; proposals, submissions, and approvals,

[Federal Register: May 1, 2003 (Volume 68, Number 84)]

[Notices]

[Page 23287-23288]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr01my03-45]

DEPARTMENT OF COMMERCE

Patent and Trademark Office

Invention Promoters/Promotion Firms Complaints

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 June 30, 2003.

ADDRESSES: Direct all written comments to Susan K. Brown,Records Officer, Office of Data Architecture and Services, Data Administration Division, U.S. Patent and Trademark Office, Suite 310, 2231 Crystal Drive, Arlington, VA 22202; by telephone at (703) 308-7400; or by electronic mail at susan.brown@uspto.gov. FOR FURTHER INFORMATION CONTACT: Requests for additional information should be directed to Robert Oberleitner, Mail Stop 24, Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at (703) 305-8800; or by electronic mail at robert.oberleitner@uspto.gov. SUPPLEMENTARY INFORMATION:

1. Abstract

   Under the Inventors' Rights Act of 1999, as found in 35 U.S.C. 297 and implemented by 37 CFR Part 4, the United States Patent and Trademark Office (USPTO) is required to provide a forum for the publication of complaints concerning invention promoters and replies from the invention promoters to these complaints. An individual may submit a complaint concerning an invention promoter to the USPTO, which will forward the complaint to the invention promoter for response. The complaints and responses will be published and made available to the public on the USPTO Web site. The USPTO does not investigate these complaints or participate in any legal proceedings against invention promoters or promotion firms.

   Complaints submitted to the USPTO must identify the name and address of the complainant and the invention promoter or promotion firm, explain the basis for the complaint, and include the signature of the complainant. The identifying information is necessary so that the USPTO can forward the complaint to the invention promoter or promotion firm and also notify the complainant that the complaint has been forwarded. Complainants should understand that the complaints will be forwarded to the invention promoter for response and that the complaint and response will be made available to the public as required by the Inventors' Rights Act. If the USPTO does not receive a response from the invention promoter, the complaint will still be published without the response. The USPTO does not accept complaints under this program if the complainant requests confidentiality.

   This information collection includes one paper form, Complaint Regarding Invention Promoter (PTO/SB/2048),

   [[Page 23288]]

   which is used by the public to submit a complaint under this program. This form is available for download from the USPTO Web site. Use of this form is not mandatory as long as the complaint includes the necessary information and is clearly marked as a complaint filed under the Inventors' Rights Act. There is no associated form for responses to the complaints.

   In September 2002, OMB approved a change worksheet that decreased the burden for this information collection due to the USPTO receiving fewer complaints and responses to the complaints than previously estimated. This information collection includes personal information that is subject to the Privacy Act of 1974.

2. Method of Collection

   By mail, facsimile, or hand delivery to the USPTO.

3. Data

   OMB Number: 0651-0044.

   Form Number(s): PTO/SB/2048.

   Type of Review: Extension of a currently approved collection.

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

   Estimated Number of Respondents: 100 responses per year.

   Estimated Time Per Response: The USPTO estimates that it will take the public approximately 15 minutes (0.25 hours) to gather the necessary information, prepare the form, and submit the complaint to the USPTO. The USPTO also estimates that it will take an invention promoter or promotion firm approximately 30 minutes (0.5 hours) to prepare and submit a response to a complaint.

   Estimated Total Annual Respondent Burden Hours: 38 hours per year.

   Estimated Total Annual Respondent Cost Burden: $4,790 per year. The USPTO expects that complaints will be prepared by paraprofessionals or independent inventors at an estimated rate of $30 per hour. The USPTO expects that the responses to the complaints will be prepared either by attorneys or by invention promoters. Using the average of the professional rate of $252 per hour for associate attorneys in private firms and the estimated rate of $100 per hour for invention promoters, the USPTO estimates that the average rate for preparing the responses to the complaints will be $176 per hour. Therefore, the respondent cost burden for this collection will be $4,790 per year.

   Estimated time for Estimated Estimated Item

   response annual annual (in responses burden minutes)

   hours

   Complaint Regarding Invention

   15

   50

   13 Promoter........................ Responses to the Complaints......

   30

   50

   25

   Total...................... ...........

   100

   38

   Estimated Total Annual Non-hour Respondent Cost Burden: $37. There are no capital start-up or maintenance costs or filing fees associated with this information collection. However, the public may incur postage costs when submitting a complaint or a response to a complaint by mail to the USPTO. The USPTO estimates that the first-class postage cost for a mailed complaint or response to a complaint will be 37 cents, for a total non-hour respondent cost burden in the form of postage costs of $37 per year.

4. 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: April 24, 2003. Susan K. Brown, Records Officer, USPTO, Office of Data Architecture and Services, Data Administration Division.

   [FR Doc. 03-10703 Filed 4-30-03; 8:45 am]

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