[Federal Register: June 26, 2009 (Volume 74, Number 122)]
[Notices]               
[Page 30528-30529]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jn09-39]                         

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DEPARTMENT OF COMMERCE

Patent and Trademark Office

 
Invention Promoters/Promotion Firms Complaints

ACTION: Proposed collection; comment request.

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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 August 25, 2009.

ADDRESSES: You may submit comments by any of the following methods:
     E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0044 
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, Administrative Management Group, United 
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 
22313-1450.
     Federal Rulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Cathie Kirik, Mail Stop 24, Commissioner for 
Patents, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450; by telephone at 571-272-8800; or by e-mail 
at Cathie.Kirik@uspto.gov.

SUPPLEMENTARY INFORMATION:

I. 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 responses 
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.

[[Page 30529]]

    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 form, Complaint Regarding 
Invention Promoter (PTO/SB/2048), 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 submitting responses to the complaints.

II. Method of Collection

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

III. Data

    OMB Number: 0651-0044.
    Form Number(s): PTO/SB/2048.
    Type of Review: Revision 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 a complaint to the 
USPTO and approximately 30 minutes (0.5 hours) for an invention 
promoter or promotion firm 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: $5,970 per year. The 
USPTO expects that complaints will be prepared by paraprofessionals or 
independent inventors. Using the average of the paraprofessional rate 
of $100 per hour and the estimated rate of $30 per hour for independent 
inventors, the USPTO estimates that the average rate for preparing the 
complaints will be approximately $65 per hour. The USPTO expects that 
the responses to the complaints will be prepared by attorneys or 
invention promoters. Using the average of the professional rate of $310 
per hour for 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 
approximately $205 per hour. Therefore, the respondent cost burden for 
this collection is estimated to be $5,970 per year.


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                                                                  Estimated time     Estimated       Estimated
                              Item                                 for response       annual       annual burden
                                                                     (minutes)       responses         hours
----------------------------------------------------------------------------------------------------------------
Complaint Regarding Invention Promoter (PTO/SB/2048)............              15              50              13
Responses to the Complaints.....................................              30              50              25
                                                                 -----------------------------------------------
Totals..........................................................  ..............             100              38
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    Estimated Total Annual Non-hour Respondent Cost Burden: $897. There 
are no capital start-up costs, maintenance costs, recordkeeping 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 will be 44 cents. 
Promotion firms may choose to send responses to complaints using 
overnight mail service at an estimated cost of $17.50 per response. 
Therefore, the total annual (non-hour) respondent cost burden for this 
collection in the form of postage costs is estimated to be $897 per 
year.

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 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.

Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer, 
Administrative Management Group.
[FR Doc. E9-15170 Filed 6-25-09; 8:45 am]

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