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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Notices TABLE 2BURDEN HOUR/BURDEN COST TO INDIVIDUALS OR HOUSEHOLDS RESPONDENTSContinued Item No.

11
12

13
14
15

16

Item
Estimated annual respondents
Responses per respondent
Estimated annual responses
Estimated time for response hours
Estimated burden hour/year
Rate 2
$/hour
Estimated annual respondent cost burden
a
b
a b = c
d
c d = e
f
e f = g
Request for Oral Hearing.
Request to Treat a Settlement as Business Confidential.
Settlement
Arbitration Agreement and Award.
Request to Make a Settlement Agreement Available.
Notice of Judicial Review of a Board Decision e.g., Notice of Appeal Under 35
U.S.C. 142.

1

1

1

2

2

435

870

1

1

1

2

2

435

870

1
1

1
1

1
1

100
4

100
4

435
435

43,500
1,740

1

1

1

1

1

435

435

1

1

1

1

1

435

435

Total

16

16

1,253

545,055

30 minutes.
2 2021 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association AIPLA;
pg. F27. The USPTO uses the average billing rate for intellectual property attorneys in private firms which is $435 per hour.

Estimated Total Annual Respondent Non-hourly Cost Burden: $69,638,370.
There are no capital start-up,
maintenance, or postage associated with this information collection. However, this information collection does have
annual non-hour costs in the form of filing fees which are listed in the table below.

TABLE 3FILING FEES NON-HOUR COST BURDEN PATENT REVIEW AND DERIVATION PROCEEDINGS
Item No.

1
1 1
1 2

2
2
2
3
10
14

Item
Filing fee $

Estimated cost burden $

a
d
a b = c
Inter Partes Review Request FeeUp to 20 Claims
Inter Partes Post-Institution FeeUp to 20 Claims
Inter Partes Review Request of Each Claim in Excess of 20
Inter Partes Post-Institution Request of Each Claim in Excess of 20
Post-Grant or Covered Business Method Review Request FeeUp to 20
Claims.
Post-Grant or Covered Business Method Review Post-Institution FeeUp to 20 Claims.
Post-Grant or Covered Business Method Review Request of Each Claim in Excess of 20.
Post-Grant or Covered Business Method Review Post-Institution Fee of Each Claim in Excess of 20.
Petition for Derivation
Pro Hac Vice Admission Fee
Request to Make a Settlement Agreement Available

1,450
1,450
3,500
3,500
100

19,000
22,500
375
750
20,000

27,550,000
32,625,000
1,312,500
2,625,000
2,000,000

100

27,500

2,750,000

350

475

166,250

350

1,050

367,500

10
950
1

420
250
420

4,200
237,500
420

Total

69,638,370

Respondents Obligation: Required to obtain or retain benefits.
Request for Comments
lotter on DSK11XQN23PROD with NOTICES1

Estimated annual responses
The USPTO is soliciting public comments to:
a Evaluate whether the collection of information is necessary for the proper performance of the functions of the Agency, including whether the information shall have practical utility;
b Evaluate the accuracy of the Agencys estimate of the burden of the collection of information, including the
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validity of the methodology and assumptions used;
c Enhance the quality, utility, and clarity of the information to be collected; and d Minimize the burden of the collection on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

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All comments submitted in response to this notice are a matter of public record. USPTO will include or summarize each comment in the request to OMB to approve this information collection. Before including an address, phone number, email address, or other personally identifiable information PII
in a comment, be aware that the entire commentincluding PIImay be made publicly available at any time. While you may ask in your comment to withhold PII from public view, USPTO

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