[Federal Register: November 24, 1999 (Volume 64, Number 226)]
[Notices]
[Page 66170-66171]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no99-45]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Statutory Invention Registration
ACTION: Proposed collection; Comment request.
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SUMMARY: The Department of Commerce (DOC), as part of its continuing
effort to reduce paperwork and respondent burden, invites the general
public and other Federal agencies to comment on the continuing and
proposed 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 January 24, 2000.
ADDRESSES: Direct all written comments to Linda Engelmeier,
Departmental Forms Clearance Officer, Department of Commerce, Room
5027, 14th and Constitution Avenue, NW, Washington, DC 20230 or via the
Internet at LEngelme@doc.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Robert J. Spar, Patent and
Trademark Office (PTO), Washington, DC 20231, by telephone at (703)
305-9285.
SUPPLEMENTARY INFORMATION
I. Abstract
A statutory invention registration is not a patent. It has the
defensive attributes of a patent but does not have the enforceable
attributes of a patent. In other words, a person occasionally invents
something solely for personal use (not for production or sale) and does
not want to go through the effort and expense of obtaining a patent on
the invention. At the same time, the inventor wants to prevent someone
else from later obtaining a patent on a like invention. In that
situation, the inventor can register a statutory invention and have it
published. Once published, it cannot be claimed by another person. 37
USC 157 authorizes the Patent and Trademark Office (PTO) to publish a
statutory invention registration containing the specifications and
drawings of a regularly filed application for a patent without
examination, providing the patentee meets all the requirements for
printing, waives the right to receive a patent on the invention within
a certain period of time prescribed by the PTO, and pays all
application, publication and other processing fees.
The PTO administers 35 USC 157 through 37 CFR 1.293-1.297. Under 37
CFR 1.293, an applicant for an original patent may request, at any time
during the pendency of the applicant's pending complete application,
that the specifications and drawings be published as a statutory
invention registration. Any such request must be signed by (1) the
applicant and any assignee of record or (2) an attorney or agent of
record in the application. The request for publication must also
include a waiver of the applicant's right to receive a patent on the
invention claimed effective upon the date of publication of the
statutory invention registration.
37 CFR 1.294 permits any request for a Statutory Invention
Registration to be examined to determine if the requirements of
Sec. 1.293 have been met. The examination will also determine if the
subject matter of the application is appropriate for publication, and
if the requirements for publication are met.
The public may petition the PTO to review rejection decisions
within one month or such other time as is set forth in the decision
refusing publication under 37 CFR 1.295. The petition may include a
request for refund of the petition fee.
Under 37 CFR 1.296, the public may petition the PTO to withdraw a
request to publish a statutory invention registration prior to the date
of the notice of the intent to publish. The request to withdraw may
also include a request for a refund.
If the request for a statutory invention registration is approved,
a notice to that
[[Page 66171]]
effect will be published in the PTO's Official Gazette, in accordance
with 37 CFR 1.297. Each statutory invention registration published will
include a statement relating to the attributes of a statutory invention
registration.
The public uses form number PTO/SB/94, Request for Statutory
Invention Registration, to request and authorize publication of a
regularly-filed patent application as a Statutory Invention
Registration, to waive the right to receive a United States patent on
the same invention claimed in the identified patent application, and to
agree that the waiver will be effective upon publication of the
Statutory Invention Registration. No forms are associated with the
petition for a review of the refusal to publish a statutory invention
registration or the petition to withdraw the request for publication of
a statutory invention registration.
II. Method of Collection
By mail, facsimile, or hand carry when the applicant or agent files
a statutory invention registration with the PTO.
III. Data
OMB Number: 0651-0036.
Form Number: PTO/SB/94.
Type of Review: Renewal without change.
Affected Public: Individuals or households; businesses or other
for-profit; not-for-profit institutions; farms; Federal, state, local
or tribal government.
Estimated Number of Respondents: 83 responses per year.
Estimated Time Per Response: It is estimated to take approximately
24 minutes each to complete the request for statutory invention
registration, the petition to review the rejection decision, and the
petition to withdraw the publication request.
Estimated Total Annual Respondent Burden Hours: 33.2 hours per
year.
Estimated Total Annual Respondent Cost Burden: $0 (no capital
start-up or maintenance expenditures are required). Using the
professional hourly rate of $175.00 for associate attorneys in private
firms, the PTO estimates $5,810 for salary costs associated with
respondents.
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Estimated Estimated
Title of form PTO Form No.(s) Estimated time annual burden annual
for response hours responses
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Statutory Invention Registration..... PTO/SB/94 0.4 32.0 80
Petition to Review Rejection Decision N/A 0.4 0.4 1
Petition to Withdraw Publication N/A 0.4 0.8 2
Request.
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Totals........................... ......................... .............. 33.2 83
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IV. 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 will 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, 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 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 will also become a matter of public record.
Dated: November 19, 1999.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of the Chief Information
Officer.
[FR Doc. 99-30598, Filed 11-23-99; 8:45 am]
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