The USPTO is not simply revising pre-existing oath or declaration forms (PTO/SB/51, PTO/SB/52) because the changes to 35 U.S.C. 115 in the AIA do not apply to applications filed prior to September 16, 2012. Thus, the USPTO plans to provide new forms for use with applications filed on or after September 16, 2012, but still continue to make the existing inventor's oath or declaration forms (legacy forms) available until applications filed prior to September 16, 2012, are no longer pending before the USPTO.
The forms added to this information collection are as follows: PTO/SB/AIA05 Reissue Application Declaration by the Inventor; PTO/SB/AIA06 Reissue Application Declaration by the Assignee; and PTO/SB/AIA07 Substitute Statement in Lieu of an Oath or Declaration for Reissue Patent Application (35 U.S.C 115(d) and 37 CFR 1.64).
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:
(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;
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.