Post Allowance and Refiling

Forms and Documents

Document Name	Status
Form PTO/SB/44 Certificate of Correction Form	Modified
Form PTOL-85B Issue Fee Transmittal Form	New
Form PTO/SB/58 Request for Inter Partes Reexamination Transmittal Form Form	New
Form PTO/SB/57 Request for Ex Parte Reexamination Transmittal Form Form	New
Form PTO/SB/56 Reissue Application Fee Transmittal Form Form	New
Form PTO/SB/53 Reissue Application: Consent of Assignee; Statement of Non-Assignment Form	New
Form PTO/SB/51S Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175) Form	New
Form PTO/SB/51 Reissue Application Declaration by the Inventor or the Assignee Form	New
Form PTO/SB/50 Reissue Patent Application Transmittal Form	New
USPTO-infoqualityguide.pdf Supplementary Document	2005-06-07
0651-0033_JustStmt_final.pdf Supporting Statement A	0000-00-00

IC Document Collections

IC ID	Document Title	Status
37410	Certificate of Correction Form	Modified
179614	Issue Fee Transmittal (EFS-Web)	New
179613	Issue Fee Transmittal Form	New
179612	Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination	New
179611	Petition to Review Refusal to Grant Inter Partes Reexamination	New
179610	Petition to Review Refusal to Grant Ex Parte Reexamination	New
179609	Request for Inter Partes Reexamination Transmittal Form Form	New
179608	Request for Ex Parte Reexamination Transmittal Form Form	New
179607	Reissue Application Fee Transmittal Form Form	New
179606	Reissue Application: Consent of Assignee; Statement of Non-Assignment Form	New
179605	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175) Form	New
179604	Reissue Application Declaration by the Inventor or the Assignee Form	New
179599	Reissue Patent Application Transmittal Form	New
179598	Reissue Documentation	New

ICR Details

OMB Control No: 0651-0033	ICR Reference No: 200704-0651-001
Status: Historical Active	Previous ICR Reference No: 200404-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Post Allowance and Refiling
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/07/2007
	Date Received in OIRA: 04/24/2007
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2010	36 Months From Approved	08/31/2007
Responses	224,926	0	223,411
Time Burden (Hours)	68,245	0	67,261
Cost Burden (Dollars)	273,113,430	0	257,517,000

---

Abstract: The USPTO is required by 35 U.S.C. 131 and 151 to examine applications and issue them as patents when appropriate. The applicant must then pay the required issue fee to receive the patent and avoid abandonment of the application. The USPTO can also correct errors in patents and reissue patents as appropriate. The USPTO may grant requests for ex parte and inter partes reexamination proceedings, in which third parties may also participate. The public uses this collection to request corrections of errors in issued patents, to request reissue patents, to request reexamination proceedings, and to ensure that the necessary fees and documentation are submitted to the USPTO. The USPTO is adding two items to this information collection, an electronic version of the Issue Fee Transmittal (Form PTOL-85B) and a petition to request an extension of time in ex parte or inter partes reexamination proceedings. This petition is an existing requirement that was not previously covered in this collection.

---

Authorizing Statute(s): US Code: 35 USC 41 Name of Law: null
   US Code: 35 USC 131 Name of Law: null
   US Code: 35 USC 151 Name of Law: null
   US Code: 35 USC 251-256 Name of Law: null
   US Code: 35 USC 301-318 Name of Law: null
  

Citations for New Statutory Requirements: US Code: 35 USC 41 Name of Law: Consolidated Appropriations Act 2005

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

---

Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 2869	01/23/2007
30-day Notice:	Federal Register Citation:	Citation Date:
	72 FR 17876	04/10/2007
Did the Agency receive public comments on this ICR? Yes

---

Number of Information Collection (IC) in this ICR: 14

IC Title	Form No.	Form Name
Reissue Documentation
Reissue Application Fee Transmittal Form	PTO/SB/56	Reissue Application Fee Transmittal Form
Reissue Patent Application Transmittal	PTO/SB/50	Reissue Patent Application Transmittal
Reissue Application Declaration by the Inventor or the Assignee	PTO/SB/51, PTO/SB/52	Reissue Application Declaration by the Inventor ,   Reissue Application Declaration by the Assignee
Request for Ex Parte Reexamination Transmittal Form	PTO/SB/57	Request for Ex Parte Reexamination Transmittal Form
Issue Fee Transmittal	PTOL-85B	Issue Fee Transmittal
Issue Fee Transmittal (EFS-Web)
Petition to Review Refusal to Grant Inter Partes Reexamination
Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination
Certificate of Correction	PTO/SB/44	Certificate of Correction
Request for Inter Partes Reexamination Transmittal Form	PTO/SB/58	Request for Inter Partes Reexamination Transmittal Form
Reissue Application: Consent of Assignee; Statement of Non-Assignment	PTO/SB/53	Reissue Application: Consent of Assignee; Statement of Non-Assignment
Petition to Review Refusal to Grant Ex Parte Reexamination
Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)	PTO/SB/51S	Supplemental Declaration for Reissue Patent Application to Correct "Errors" Statement (37 CFR 1.175)

---

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	224,926	223,411	0	50	1,465	0
Annual Time Burden (Hours)	68,245	67,261	0	25	959	0
Annual Cost Burden (Dollars)	273,113,430	257,517,000	15,676,455	-5,378	-74,647	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Using Information Technology

Short Statement: For this renewal, the USPTO estimates that the annual responses for this collection will increase by 1,515 and the burden hours will increase by 984 due to program changes from the addition of the petition to request an extension of time in reexamination proceedings and administrative adjustments from expected increases in filings. The USPTO also estimates that the annual (non-hour) costs for this collection will increase, primarily due to program changes from increases in filing fees that will be partially offset by administrative adjustments from expected decreases in filings for some items in this collection. The annual costs for this collection will also be affected by a net decrease in postage costs as a program change due to the addition of the electronic filing option for issue fee transmittals, which will also be partially offset by the addition of recordkeeping costs for electronic submissions as a program change and an increase in average postage costs for mailed submissions as an administrative adjustment.

---

Annual Cost to Federal Government: $995,207

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/24/2007

---