Federal Register - December 7, 2021
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Source: Federal Register
69229
Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Notices Mail: Kimberly Hardy, Office of the Chief Administrative Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313
1450.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information should be directed to Michael P.
Tierney, Vice Chief Administrative Patent Judge, Patent Trial and Appeals Board, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 223131450; by telephone at 5712724676; or by email to Michael.Tierney@uspto.gov with 06510069 comment in the subject line. Additional information about this information collection is also available at http www.reginfo.gov under Information Collection Review.
SUPPLEMENTARY INFORMATION:
I. Abstract The Leahy-Smith America Invents Act, which was enacted into law on September 16, 2011, provided for many changes to the procedures of the Patent Trial and Appeal Board PTAB or Board, formerly the Board of Patent Appeals and Interferences procedures.
These changes included the introduction of inter partes review, post-grant review, derivation proceedings, and the transitional program for covered business method patents. Under these administrative trial proceedings, third parties may file a petition with the PTAB challenging the validity of issued patents, with each proceeding having different
requirements regarding timing restrictions, grounds for challenging validity, and who may request review.
Inter partes review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent only on a ground that could be raised under 102 or 103, and only on the basis of prior art consisting of patents or printed publications. Post grant review is a trial proceeding conducted at the Board to review the patentability of one or more claims in a patent on any ground that could be raised under 282b2 or 3. A
derivation proceeding is a trial proceeding conducted at the Board to determine whether 1 an inventor named in an earlier application derived the claimed invention from an inventor named in the petitioners application, and 2 the earlier application claiming such invention was filed without authorization. The transitional program for covered business method patents is a trial proceeding conducted at the Board to review the patentability of one or more claims in a covered business method patent. The covered business method program expired on September 16, 2020 and the Board no longer accepts new petitions related to this program, but continues to accept papers in previously-instituted proceedings.
This information collection covers information submitted by the public to petition the Board to initiate an inter partes review, post-grant review, derivation proceeding, and the transitional program for covered
business method patents, as well as any responses to such petitions, and the filing of any motions, replies, oppositions, and other actions, after a review/proceeding has been instituted.
II. Method of Collection Applicants submit the information electronically using the PTAB End-toEnd PTAB E2E filing system. Parties may seek authorization to submit a filing by means other than electronic filing pursuant to 42 CFR 42.6b2.
III. Data OMB Control Number: 06510069.
Form Numbers: None.
Type of Review: Extension and revision of a currently approved information collection.
Affected Public: Private sector;
individuals or households.
Estimated Number of Respondents:
9,138 respondents per year.
Estimated Number of Responses:
12,238 responses per year.
Estimated Time per Response: The USPTO estimates that the responses in this information collection will take the public between 30 minutes 0.5 hours and 165 hours to complete. This includes the time to gather the necessary information, create the document, and submit the completed request to the USPTO.
Estimated Total Annual Respondent Burden Hours: 1,360,058 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $591,625,230.
TABLE 1BURDEN HOUR/BURDEN COST TO PRIVATE SECTOR RESPONDENTS
Item No.
1
2
3
4
lotter on DSK11XQN23PROD with NOTICES1
5
6
7
Item
Estimated annual respondents
Responses per respondent
Estimated annual responses
Estimated time for response hours
Estimated burden hour/year
Rate1
$/hour
Estimated annual respondent cost burden
a
b
a b = c
d
c d = e
f
e f = g
Petition for Inter Partes Review.
Petition for Post-Grant Review or Covered Business Method Patent Review.
Petition for Derivation
Patent Owner Preliminary Response to Petition for Initial Inter Partes Review.
Patent Owner Preliminary Response to Petition for Initial PostGrant Review or Covered Business Method Patent Review.
Request for Rehearing Other Motions, Replies, Surreplies, and Oppositions in Inter Partes Review.
VerDate Sep<11>2014
17:30 Dec 06, 2021
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1
1,450
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179,800
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1
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1,175
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91
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106,925
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435
717,750
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100
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