[Patentpractice] Modifying PTO forms - must I remove the OMB notice

[David Boundy]

No.  You do not need to remove the OMB notice.  The "approval" is for the
agency to *collect* it, not for you to submit it.  44 U.S.C. 3506, 3507,
3512.   See, for example,
https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202410-0651-019

But if you are using a home-grown form, there's no reason to include it
either.

Sundby> My understanding from a CLE w on OED person long ago is YES, must
remove the info even if you make a form that looks exactly lie the USPTO
form.

My point exactly.  There are not three neurons' knowledge of the Paperwork
Reduction Act on Dulaney St, except for the three people most committed to
breaking it.


On Wed, Mar 12, 2025 at 11:35 AM Patent Lawyer via Patentpractice <
patentpractice at oppedahl-lists.com> wrote:

> If I modify a PTO form, must I remove the OMB approval notice?
>
> Why am I modifying a form? Short answer: because it is crap!
>
> I am filing a national phase entry.  Even though the application was
> published, I like to provide a copy of the published internatinal
> applicaiton with the filing.
>
> The old form PTO-1390 [PTO-1390 (12-22) Approved for use through
> 11/30/2025. OMB 0651-0021] had this option:
>
>
>
> The current form PTO-1390 [PTO-1390 (01-25) Approved for use through
> 11/30/2025 OMB 0651-0021] has the following:
>
>
> I cannot select option "a" because the application is attached.  And I
> cannot select option "b" because it is not true.
>
> So I will modify the form (by editing the PDF).  Or maybe use the old one.
>
>
> So, back to my question: if I modify the current form, must I remove the
> OMB approval notice?
>
> Another question (maybe for DB only): these forms have the same OMB
> number.  Can the PTO do that even though the forms are different?
>
> --
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>
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>


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