Doc Code: RFN.OUTAGE
Doc Description: Refund Request for Papers Filed During a Designated Outage
PTO/SB/448 (08-18)
CERTIFICATION AND REQUEST TO TREAT AN APPLICATION FILED DURING A DESIGNATED
SIGNIFICANT UNPLANNED ELECTRONIC BUSINESS SYSTEM OUTAGE AS AN APPLICATION
FILED BY THE USPTO’S ELECTRONIC FILING SYSTEM
Application Number
Filing Date
First Named Inventor
Attorney Docket Number
Title of Invention
APPLICANT HEREBY CERTIFIES THE FOLLOWING AND REQUESTS THAT THE ABOVE-IDENTIFIED APPLICATION
BE TREATED AS AN APPLICATION FILED BY THE USPTO’s ELECTRONIC FILING SYSTEM.
1. The above-identified application was filed during a designated significant unplanned electronic business
system outage by an alternative filing met
hod. In addition, a copy of the application is being filed with this
form via EFS-Web (or Patent Center) no later than: (1) one month from the date a filing receipt was first issued
for the application if the non-electronic filing fee has been paid; or (2) the expiration of the period for reply to a
notice requiring payment of the non-electronic filing fee (e.g., a notice to file missing parts under 37 CFR 1.53(f))
if the non-electronic filing fee has not been paid.
2. The copy of the application filed with this form via EFS-Web (or Patent Center) is a true copy of the original
application as filed by the alternative filing method. The copy of the application is being filed as a follow-on
paper to the above-identified application, and not as a new application.
3. Applicant requests a refund of any fees that were previously paid (e.g., the non-electronic filing fee) that are
not due as a result of treating the application as an application filed by the USPTO’s electronic filing system. If
appropriate, applicant requests that any fees currently due be recalculated and that any fees available as a
result of the recalculation be reapplied to fees remaining due on the filing of this application as needed and
that any remaining funds be refunded according to 37 CFR 1.26.
NOTE: This form must be signed in accordance with 37 CFR 1.33. Please see 37 CFR 1.4(d) for the signature
requirements. Submit multiple forms if more than one signature is required see below.*
Signature
Date
Name
Registration Number
*Tota l of _________ forms are submitted.
Privacy Act Statement
The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
submission of the attached form related to a patent application or patent. Accordingly, pursuant to the
requirements of the Act, please be advised that: (1) the general authority for the collection of this information is
35 U.S.C. 2(b)(2); (2) furnishing of the information solicited is voluntary; and (3) the principal purpose for which
the information is used by the U.S. Patent and Trademark Office is to process and/or examine your submission
related to a patent application or patent. If you do not furnish the requested information, the U.S. Patent and
Trademark Office may not be able to process and/or examine your submission, which may result in termination
of proceedings or abandonment of the application or expiration of the patent.
The information provided by you in this form will be subject to the following routine uses:
1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records
may be disclosed to the Department of Justice to determine whether disclosure of these records is
required by the Freedom of Information Act.
2. A record from this system of records may be disclosed, as a routine use, in the course of presenting
evidence to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in
the course of settlement negotiations.
3. A record in this system of records may be disclosed, as a routine use, to a Member of Congress
submitting a request involving an individual, to whom the record pertains, when the individual has
requested assistance from the Member with respect to the subject matter of the record.
4. A record in this system of records may be disclosed, as a routine use, to a contractor of the Agency
having need for the information in order to perform a contract. Recipients of information shall be required
to comply with the requirements of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(m).
5. A record related to an International Application filed under the Patent Cooperation Treaty in this system
of records may be disclosed, as a routine use, to the International Bureau of the World Intellectual
Property Organization, pursuant to the Patent Cooperation Treaty.
6. A record in this system of records may be disclosed, as a routine use, to another federal agency for
purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act
(42 U.S.C. 218(c)).
7. A record from this system of records may be disclosed, as a routine use, to the Administrator, General
Services, or his/her designee, during an inspection of records conducted by GSA as part of that agencys
responsibility to recommend improvements in records management practices and programs, under
authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA
regulations governing inspection of records for this purpose, and any other relevant (i.e., GSA or
Commerce) directive. Such disclosure shall not be used to make determinations about individuals.
8. A record from this system of records may be disclosed, as a routine use, to the public after either
publication of the application pursuant to 35 U.S.C. 122(b) or issuance of a patent pursuant to 35 U.S.C.
151. Further, a record may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use, to
the public if the record was filed in an application which became abandoned or in which the proceedings
were terminated and which application is referenced by either a published application, an application
open to public inspection or an issued patent.
9. A record from this system of records may be disclosed, as a routine use, to a Federal, State, or local law
enforcement agency, if the USPTO becomes aware of a violation or potential violation of law or
regulation.