As part of the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), the USPTO is required to evaluate its methods of collecting information from the public. In a recent Paperwork Act notice & publication, the Office offered the following estimates for reexamination practice.
|
Response |
Estimated Time Response (hours) |
Estimated Number of Annual Responses |
Total Hours |
|
Request for Ex Parte Reexamination Transmittal Form (PTO/SB/57) |
18 minutes |
845 |
254 |
|
Request for Ex Parte Reexamination |
40 hours |
845 |
33,800 |
|
Request for Inter Partes Reexamination Transmittal Form (PTO/SB/58) |
18 minutes |
380 |
114 |
|
Request for Inter Partes Reexamination |
90 hours |
380 |
34,200 |
|
Petition to Review Refusal to Grant Ex Parte Reexamination |
15 hours |
25 |
375 |
|
Petition to Review Refusal to Grant Inter Partes Reexamination |
25 hours |
9 |
225 |
|
Patent Owner's 37 CFR 1.530 Statement |
7 hours |
105 |
735 |
|
Third Party Requester's 37 CFR 1.535 Reply |
7 hours |
60 |
420 |
|
Amendment in Ex Parte or Inter Partes Reexamination |
20 hours |
1,165 |
23,300 |
|
Third Party Requester's 37 CFR 1.947 Comments in Inter Partes Reexamination |
25 hours |
300 |
7,500 |
|
Response to Final Rejection in Ex Parte Reexamination |
15 hours |
320 |
4,800 |
|
Patent Owner's 37 CFR 1.951 Response in Inter Partes Reexamination |
25 hours |
120 |
3,000 |
|
Third Party Requester's 37 CFR 1.951 Comments in Inter Partes Reexamination |
25 hours |
95 |
2,375 |
|
Petition to Request Extension of Time in Ex Parte or Inter Partes Reexamination |
30 minutes |
475 |
238 |
|
Total |
5,124 |
111,336 |
Are these estimates in the ball park? How many hours are spent preparing a request for ex parte reexamination? Perhaps most importantly - what is missing here from the time spent in reexamination practice? Comments may be submitted to Susan.Fawcett@uspto.gov (Subject: A0651-00XX Patent Reexaminations comment). Notice at 74 FR 39916.
Assuming that the total -- 111,336 hours -- represent the entire amount of attorney time spent on reexaminations. Those hours are the equivalent of about 60 full time patent attorneys.
