Notice2023-18160
Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; iEdison System
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 24, 2023
Issuing agencies
Commerce DepartmentNational Institute of Standards and Technology
Full Text
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<title>Federal Register, Volume 88 Issue 163 (Thursday, August 24, 2023)</title>
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[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 57941-57942]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18160]
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DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
Information Collection Activities; Submission to the Office of
Management and Budget (OMB) for Review and Approval; Comment Request;
iEdison System
The Department of Commerce will submit the following information
collection request to the Office of Management and Budget (OMB) for
review and clearance in accordance with the Paperwork Reduction Act of
1995, on or after the date of publication of this notice. We invite the
general public and other Federal agencies to comment on proposed, and
continuing information collections, which helps us assess the impact of
our information collection requirements and minimize the public's
reporting burden. Public comments were previously requested via the
Federal Register on May 4, 2023 date during a 60-day comment period.
This notice allows for an additional 30 days for public comments.
Agency: National Institute of Standards and Technology (NIST),
Commerce.
Title: iEdison System.
OMB Control Number 0693-0090.
Form Number(s): None.
Type of Request: Regular, Revision of an Existing Collection.
Number of Respondents: 3,063.
Average Hours per Response:
Invention Records: 1.25 (approximately 5 times per year).
Patent Records: .75 hours (approximately 5 times per year).
Utilization Records: 25 minutes (approximately 30 times per year).
[[Page 57942]]
Burden Hours:
Invention Records: 19,144 hours.
Patent Records: 11,486 hours.
Utilization Records: 38,288 hours.
Needs and Uses: The Bayh-Dole Act (35 U.S.C. 18) and its
implementing regulations (37 CFR 401) allow for recipients of Federal
research funding (Contractors) to retain ownership of inventions
developed under Federal funding agreements. In exchange, the government
retains certain rights to the invention, including a world-wide right
to use by or on behalf of the U.S. government. The law also requires
the Contractor to obtain permission for certain actions and fulfill
reporting requirements including:
a. Initial reporting of invention.
b. Decision to retain title to invention.
c. Filing of patent protection.
d. Evidence of government support clause within patents.
e. Submission of a license confirming the government's rights.
f. Notice if the Contractor is going to discontinue the pursuit or
continuance of patent protection.
g. Information related to the development and utilization of
invention.
h. Permission to assign to a third party; and
i. Permission to waive domestic manufacturing requirements.
This information is used for a variety of reasons. It allows the
government to identify technologies to which the government has rights
to use without additional payment or licensing. This acts as a time and
cost-saving mechanism to avoid unnecessary negotiating and payment. It
also provides data for calculation of return on investment (ROI) from
Federal funding and identifies successful research programs. Thirdly,
it allows the government the opportunity to timely protect inventions
which the Contractor declines title or discontinues patent protection.
Many agencies utilize the iEdison system, managed by NIST, to collect
this information. Agencies that do not register with iEdison are
required to collect this information independently.
Historically, only NIH and DOE regularly requested that Contractors
submit requests for reports on the development and utilization of an
invention (utilization reports) within iEdison. However, there has been
an increased interest across the government in the impact of federally
funded research and resulting inventions as well as compliance with the
Bayh-Dole requirements, especially as it relates to domestic
manufacturing requirements. As a result, the interagency working group
for Bayh-Dole decided that all agencies would begin to request this
information, and the questions would be amended and expanded upon so
that the agencies could get a clear picture of the commercialization
plans for subject inventions, what the licensing landscape looked like,
what products were resulting, and where those products were being
manufactured.
Another data point of particular interest across government relates
to gender, and specifically how gender disparity may be present within
the inventing and commercialization space. Collecting gender of the
inventors within iEdison provides agencies previously unavailable data
that they may use to conduct assessments under administrative policy
guidance outlined in Executive Order 13985. NIST does not anticipate
that the collection of this data will significantly affect the
reporting burden.
Affected Public: Business or other for-profit organizations; Not-
for-profit institutions.
Frequency: On occasion.
Respondent's Obligation: Required to obtain benefits.
Legal Authority: The Bayh-Dole Act (35 U.S.C. 18) and its
implementing regulations (37 CFR 401); 35 U.S.C. 200-212.
This information collection request may be viewed at
<a href="http://www.reginfo.gov">www.reginfo.gov</a>. Follow the instructions to view the Department of
Commerce collections currently under review by OMB.
Written comments and recommendations for the proposed information
collection should be submitted within 30 days of the publication of
this notice on the following website <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
Find this particular information collection by selecting ``Currently
under 30-day Review--Open for Public Comments'' or by using the search
function and entering the title of the collection.
Sheleen Dumas,
Department PRA Clearance Officer, Office of the Under Secretary of
Economic Affairs, Commerce Department.
[FR Doc. 2023-18160 Filed 8-23-23; 8:45 am]
BILLING CODE 3510-13-P
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