[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83903-83906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28412]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Admission to Practice and Roster of Registered Patent
Attorneys and Agents Admitted to Practice Before the United States
Patent and Trademark Office
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of information collection; request for comment.
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SUMMARY: The United States Patent and Trademark Office (USPTO), in
accordance with the Paperwork Reduction Act of 1995, invites comments
on the extension and revision of an existing information collection:
0651-0012 (Admission to Practice and Roster of Registered Patent
Attorneys and Agents Admitted to Practice Before the United States
Patent and Trademark Office). The purpose of this notice is to allow 60
days for public comment preceding submission of the information
collection to OMB.
DATES: To ensure consideration, comments regarding this information
collection must be received on or before February 22, 2021.
ADDRESSES: Interested persons are invited to submit written comments by
any of the following methods. Do not submit Confidential Business
Information or otherwise sensitive or protected information.
Email: [email protected]. Include ``0651-
0012 comment'' in the subject line of the message.
Federal Rulemaking Portal: http://www.regulations.gov.
Mail: Kimberly Hardy, Office of the Chief Administrative
Officer, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Dahlia George, Office of Enrollment and
Discipline, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450; by telephone at 571-272-4097; or by email to
[email protected] with ``0651-0012 comment'' in the subject line.
Additional information about this information collection is also
available at http://www.reginfo.gov under ``Information Collection
Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
This collection of information is required by 35 U.S.C. 2(b)(2)(D),
which permits the United States Patent and Trademark Office (USPTO) to
establish regulations governing the recognition and conduct of agents,
attorneys, or other persons representing applicants or other parties
before the USPTO. This statute also permits the USPTO to require
information from applicants that shows that they are of good moral
character and reputation and have the necessary qualifications to
assist applicants with the patent process and to represent them before
the USPTO.
This information collection addresses submissions required by the
regulations at 37 CFR 1.21, 10.14, and 11.5-11.11, which set forth the
requirements to apply for the examination for registration and to
demonstrate eligibility to be a registered attorney or agent before the
USPTO, including the fee requirements. The Office of Enrollment and
Discipline (OED) collects this information to determine the
qualifications of individuals entitled to represent applicants before
the USPTO in the preparation and prosecution of applications for a
patent. The OED also collects this information to administer and
maintain the public roster of attorneys and agents registered to
practice before the USPTO, which is accessible through the USPTO
website. The information in this information collection is used by the
USPTO to review applications for the examination for registration and
to determine whether an applicant may be added to, or an existing
practitioner may remain on, the Register of Patent Attorneys and
Agents.
II. Method of Collection
Items in this information collection may be submitted via online
electronic submissions. Applicants may also submit the information in
paper form by mail, fax, or hand delivery.
III. Data
OMB Control Number: 0651-0012.
Form Numbers:
PTO-107A: (Data Sheet--Register of Patent Attorneys and
Agents)
PTO-107R: (Reinstatement to the Register)
PTO-107S: (Registration Statement of Patent Attorneys and
Agents)
PTO-158: (Application for Registration to Practice Before the
United States Patent and Trademark Office)
PTO-158A: (Application for Registration to Practice Before the
United States Patent and Trademark Office Under 37 CFR 11.6(c) by a
Foreign Resident)
PTO 158RA: (Reasonable Accommodation)
PTO-158T: (Application for Reciprocal Recognition to Practice
in Trademark Matters Before the United States Patent and Trademark
Office Under 37 CFR 11.14(c) by a Foreign Attorney or Agent)
PTO-1209: (Oath or Affirmation)
Type of Review: Revision of a currently approved information
collection.
Affected Public: Individuals or households.
Estimated Number of Respondents: 21,251 per year.
Estimated Number of Responses: 30,727 per year.
Estimated Time per Response: The USPTO estimates that it takes the
public approximately 5 minutes (0.08 hours) to 7 hours to complete this
information, depending upon the application. This includes the time to
gather the necessary information, prepare and maintain the documents,
and submit the items to the USPTO.
Estimated Total Annual Respondent Burden Hours: 18,188 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden: $7,275,200.
[[Page 83904]]
Table 1--Total Hourly Reporting Burden for Individuals or Households Respondents
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Estimated Estimated
Estimated annual Estimated time Estimated Rate \1\ ($/ annual
Item No. Item annual responses for response annual burden hour) respondent
respondents (year) (hours) (hour/year) cost burden
(a) (b) (a) x (b) = (d) (c) x (d) =
(c) (e)
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1 Application for 2,474 2,474 0.50 1,237 $400 $494,800
Registration to Practice
Before the United States
Patent and Trademark
Office (includes both the
computerized exam and the
USPTO-administered exam).
PTO-158...................
1 Application for 34 34 0.50 17 400 6,800
Registration to Practice
Before the United States
Patent and Trademark
Office (former examiners;
examination waived).
PTO-158...................
1 Application for 6 6 0.50 3 400 1,200
Registration to Practice
Before the United States
Patent and Trademark
Office Under 37 CFR
11.6(c) by a Foreign
Resident (examination
waived).
PTO-158A..................
1 Application for Reciprocal 11 11 0.50 6 400 2,400
Recognition to Practice
in Trademark Matters
Before the United States
Patent and Trademark
Office Under 37 CFR
11.14(c) by a Foreign
Attorney or Agent
(examination waived).
PTO-158T..................
2 Registration Examination Same as line 1 1,616 7 11,312 400 4,524,800
to Become a Registered
Practitioner.
3 Reasonable Accommodation.. Same as line 1 63 4 252 400 100,800
PTO 158RA.................
4 Data Sheet--Register of Same as line 1 840 0.5 420 400 168,000
Patent Attorneys and
Agents.
PTO-107A..................
5 Registration Statement of 16,333 16,333 0.25 4,083 400 1,633,200
Patent Attorneys and
Agents.
PTO-107S..................
6 Oath or Affirmation....... Same as line 1 840 0.08 67 400 26,800
PTO-1209..................
7 Reinstatement to the 76 76 0.08 6 400 2,400
Register.
PTO-107R..................
8 Change of Registration 252 252 0.50 126 400 50,400
from Agent to Attorney.
PTO-158...................
9 Written Requests 2,057 3,578 0.08 286 400 114,400
(Certificate of Good
Standing, Disciplinary
History).
10 Petition to the Director 7 7 0.75 5 400 2,000
of the Office of
Enrollment and Discipline
under 37 CFR 11.2(c).
11 Petition to USPTO Director 1 1 0.75 1 400 400
under 37 CFR 11.2(d).
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Total .......................... 21,251 26,131 .............. 17,821 .............. 7,128,400
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The USPTO Office of Enrollment and Discipline General Requirements
Bulletin \2\ recommends that ``an applicant should make and keep a copy
of every document submitted to the Office in connection with an
application for registration.'' The USPTO estimates that it will take
an applicant approximately 5 minutes (0.08 hours) to print and retain a
copy of the submissions and that approximately 4,596 responses
requiring record keeping (based on the response numbers from Table 1)
will be made per year, for a total of 367 hours.
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\1\ 2019 Report of the Economic Survey, published by the
Committee on Economics of Legal Practice of the American
Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms
which is $400 per hour.
\2\ General Requirements Bulletin for Admission to the
Examination for Registration to Practice in Patent Cases before the
United States Patent and Trademark Office; https://www.uspto.gov/sites/default/files/documents/OED_GRB.pdf
[[Page 83905]]
Table 2--Total Hourly Recordkeeping Burden for Individuals or Households Respondents
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Estimated Estimated
annual Estimated time Estimated Rate \3\ ($/ annual
Item No. Item responses for response annual burden hour) respondent
(year) (hours) (hour/year) cost burden
(a) (b) (a) x (b) = (d) (c) x (d) =
(c) (e)
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1 Application for Registration to 2,525 0.08 202 $400 $80,800
Practice Before the United States
Patent and Trademark Office.
3 Reasonable Accommodation.......... 63 0.08 5 400 2,000
4 Data Sheet--Register of Patent 840 0.08 67 400 26,800
Attorneys and Agents.
6 Oath or Affirmation............... 840 0.08 67 400 26,800
7 Reinstatement to the Register..... 76 0.08 6 400 2,400
8 Change of Registration from Agent 252 0.08 20 400 8,000
to Attorney.
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Totals .................................. 4,596 .............. 367 .............. 146,800
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Estimated Total Annual (Non-hour) Respondent Cost Burden: $875,706.
There are no capital start-up or maintenance costs associated with this
information collection. There are, however, non-hour costs due to
filing fees, postage costs, and notary fees.
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\3\ 2019 Report of the Economic Survey, published by the
Committee on Economics of Legal Practice of the American
Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms
which is $400 per hour.
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There are filing fees associated with this information collection.
The application fees for registration to practice before the USPTO vary
depending on whether the applicant is a current applicant, a former
examiner, a foreign resident, or seeking reinstatement to the Register.
The fee for administration of the computerized examination to become a
registered patent practitioner also varies depending on how the
examination is administered. The total annual non-hour cost burden
associated with filing fees is $865,958.
Table 3--Filing Fees
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Total non-hour
Responses respondent
Item No. Item (year) Filing fee ($) cost burden ($/
hour)
(a) (b) (a) x (b) =
(c)
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1 Non-Refundable Application Fee 2,474 $110 $272,140
for Registration to Practice
Before the United States Patent
and Trademark Office (includes
both the computerized exam and
the USPTO-administered exam).
1 Application Fee for Registration 34 110 3,740
to Practice Before the United
States Patent and Trademark
Office, as applicable when used
for registration fees only
(former examiners; examination
waived).
1 Application for Registration to 6 110 660
Practice Before the United
States Patent and Trademark
Office Under 37 CFR 11.6(c) by a
Foreign Resident (examination
waived).
1 Application Fee for Reciprocal 11 110 1,210
Recognition to Practice in
Trademark Matters Before the
United States Patent and
Trademark Office Under 37 CFR
11.14(c) by a Foreign Attorney/
Agent (examination waived).
1 Non-Refundable Application Fee 7 1,680 11,760
for Enrollment and/or
Reinstatement to Practice Before
the United States Patent and
Trademark Office under 37 CFR
1.21(a)(10) (those who must
prove fitness to practice).
2 Registration examination fee for 1,616 173 279,568
administration of computerized
examination to become a
registered patent practitioner
administered by a commercial
entity (computer exam).
2 For administered review of 300 205 61,500
Registration Examination by a
commercial entity (computer
exam).
2 Registration examination fee for 1 470 470
administration of computerized
examination to become a
registered patent practitioner
administered by the USPTO (USPTO-
administered exam).
2 For USPTO-Administered Review of 1 470 470
Registration Examination.
4 On Registration to Practice Under 840 210 176,400
37 CFR 11.6. On Grant of Limited
Recognition Under 37 CFR 11.9(b).
7 Reinstatement to the Register.... 76 210 15,960
8 On Change of Registration from 252 110 27,720
Agent to Attorney.
14 Certificate of Good Standing as 275 40 11,000
an Attorney or Agent, Standard.
[[Page 83906]]
10 Petition to the Director of the 7 420 2,940
Office of Enrollment and
Discipline under 37 CFR 11.2(c).
11 Review of Decision of the 1 420 420
Director of Enrollment and
Discipline Under 37 CFR 11.2(d).
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Totals ................................. 5,901 .............. 865,958
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Postage costs are also associated with this information collection.
The USPTO estimates that the average postage cost for a mailed
submission, depending upon the item sent, will be $0.55. The USPTO
estimates that with 2,450 mailed submissions, the postage costs in this
information collection will be $1,348.
Additional costs are incurred for new Patent Bar members who are
required to obtain and submit an Oath or Affirmation. These items
usually require the services of a public notary. The cost of a
notarized document is dependent upon local rules, but is estimated by
USPTO to average $10. The cost of 840 Oaths is estimated to be $8,400.
Therefore, the USPTO estimates that the total annual (non-hour)
cost burden for this information collection, in the form of filing
fees, postage, and notary fees is $875,706.
Respondent's Obligation: Required to obtain or retain benefits.
IV. Request for Comments
The USPTO is soliciting public comments to:
(a) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(b) Evaluate the accuracy of the Agency's estimate of the burden of
the proposed collection of information, including the 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 of information 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.
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 personal identifying
information in a comment, be aware that the entire comment--including
personal identifying information--may be made publicly available at any
time. While you may ask in your comment to withhold personal
identifying information from public view, USPTO cannot guarantee that
it will be able to do so.
Kimberly Hardy,
Information Collections Officer, Office of the Chief Administrative
Officer, United States Patent and Trademark Office.
[FR Doc. 2020-28412 Filed 12-22-20; 8:45 am]
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