[Federal Register Volume 86, Number 54 (Tuesday, March 23, 2021)]
[Notices]
[Pages 15467-15469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05940]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-P-2021-0005]
Administrative Updates to the General Requirements Bulletin for
Admission to the Examination for Registration To Practice in Patent
Cases Before the United States Patent and Trademark Office
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Request for comments.
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SUMMARY: This request for comments seeks public input on proposed
administrative updates to the General Requirements Bulletin for
Admission to the Examination for Registration to Practice in Patent
Cases Before the United States Patent and Trademark Office (GRB). There
are three categories of technical and scientific qualifications that
may typically make applicants eligible: Category A for specified
bachelor's degrees, Category B for other bachelor's degrees with
technical and scientific training, and Category C for practical
engineering or scientific experience, which may be demonstrated by
passing the Fundamentals of Engineering test. The United States Patent
and Trademark Office (Office or USPTO) evaluates the criteria for
applicants to sit for the registration examination on an ongoing basis.
Based on this ongoing evaluation, the USPTO is looking into changing
the criteria to: Add common Category B degrees to Category A, accept
advanced degrees (i.e., master's and doctoral degrees) under Category
A, and accept a combination of core sciences under Category B, Options
2 and 4, so long as one of the core science courses has a lab
component.
DATES: Comment Deadline Date: Written comments must be received on or
before May 24, 2021.
ADDRESSES: For reasons of government efficiency, comments must be
submitted through the Federal eRulemaking Portal at
www.regulations.gov. To submit comments via the portal, one should
enter docket number PTO-P-2021-0005 on the homepage and click
``Search.'' The site will provide search results listing all documents
associated with this docket. Commenters can find a reference to this
notice and click on the ``Comment'' icon, complete the required fields,
and enter or attach their comments. Attachments to electronic comments
will be accepted in portable document format (PDF) or DOCX format.
Because comments will be made available for public inspection,
information that the submitter does not desire to make public, such as
an address or phone number, should not be included in the comments.
Visit the Federal eRulemaking Portal for additional instructions on
providing comments via the portal. If electronic submission of and
access to comments is not feasible due to a lack of access to a
computer and/or the internet, please contact the USPTO using the
contact information below for special instructions.
FOR FURTHER INFORMATION CONTACT: William Covey, OED Director, by
telephone at 571-272-4097 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
Summary
In this request for comments, the Office seeks feedback and
information regarding proposed administrative updates to the GRB to the
criteria of applicants who sit for the registration examination.
Background
The Director of the USPTO is given statutory authority to require a
showing by patent practitioners that they possess ``the necessary
qualifications to render applicants or other persons valuable service,
advice, and assistance in the presentation or prosecution of their
applications or other business before the Office.'' 35 U.S.C.
2(b)(2)(D). Thus, courts have determined that the USPTO Director bears
primary responsibility for protecting the public from unqualified
practitioners.
Pursuant to that responsibility, USPTO regulations provide that
registration to practice in patent matters before the USPTO requires a
practitioner to, inter alia, demonstrate possession of scientific and
technical qualifications.\1\ The role of patent
[[Page 15468]]
practitioners with scientific and technical backgrounds in providing
full and clear patent specifications and claims has long been
acknowledged. The USPTO publishes the GRB that sets forth guidance for
establishing possession of scientific and technical qualifications. The
GRB is available at www.uspto.gov/sites/default/files/documents/OED_GRB.pdf.
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\1\ Legal representation before Federal agencies is generally
governed by the provisions of 5 U.S.C. 500, which effectively defers
to the individual States as to who may act as an attorney. That
statute, however, provides a specific exception for representation
in patent matters before the USPTO. 5 U.S.C. 500(e). See 35 U.S.C.
2(b)(2)(D) [formerly 35 U.S.C. 31].
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The GRB lists three categories of scientific and technical
qualifications that typically make one eligible for admission to the
registration examination: (1) Category A for specified bachelor's
degrees, (2) Category B for other bachelor's degrees with technical and
scientific training, and (3) Category C for individuals who rely on
practical engineering or scientific experience and have passed the
Fundamentals of Engineering test. If a candidate for registration does
not qualify under any of the categories listed in the GRB, the USPTO
will conduct an independent review for compliance with the scientific
and technical qualifications.
The OED has evaluated, and continues to evaluate, the list of
typically qualifying training set forth in the GRB. These evaluations
seek to clarify guidance on what will satisfy the scientific and
technical qualifications and to identify possible areas of improved
administrative efficiency. The following proposals reflect the results
of those evaluations.
Request for Public Comments
The Office seeks written comments from the public on proposed
administrative updates to the GRB for those who sit for the
registration examination. The goal of the proposed updates is to ensure
fairness in the application process while also ensuring that patent
practitioners who represent inventors are qualified, understand the
technology, and are able to communicate effectively with inventors
regarding the technical features of the invention.
The Office welcomes any comments from the public on the proposals
covered in this notice. The Office also poses specific questions below
and invites public feedback on those questions.
Proposal 1: Add Common Category B Degrees to Category A
As explained further in the GRB, bachelor's degrees listed under
Category A present prima facie evidence of the requisite technical and
scientific qualifications. Currently, the bachelor's degree may be in
one of the following subjects: Biology, biochemistry, botany, computer
science, electronics technology, food technology, general chemistry,
marine technology, microbiology, molecular biology, organic chemistry,
pharmacology, physics, textile technology, aeronautical engineering,
agricultural engineering, biomedical engineering, ceramic engineering,
chemical engineering, civil engineering, computer engineering,
electrical engineering, electrochemical engineering, engineering
physics, general engineering, geological engineering, industrial
engineering, mechanical engineering, metallurgical engineering, mining
engineering, nuclear engineering, and petroleum engineering.
Acceptable computer science degrees must be accredited by the
Computer Science Accreditation Commission of the Computing Sciences
Accreditation Board or by the Computing Accreditation Commission of the
Accreditation Board for Engineering and Technology on or before the
date the degree was awarded.
Starting in early 2020, the OED undertook a review of Category B
applications to identify bachelor's degrees that are routinely accepted
as demonstrating the requisite scientific and technical qualifications.
This review is ongoing. Based on the analysis to date, and
understanding that Category A cannot be an exhaustive list of all
degrees that would qualify and that current practice is to accept
degrees wherein the transcript demonstrates equivalence to a Category A
degree (for example, molecular cell biology may be equivalent to
biology), the Office proposes expanding the list of Category A degrees
to expressly include the following degrees that are routinely accepted:
Aerospace engineering, bioengineering, biological science, biophysics,
electronics engineering, genetic engineering, genetics, marine
engineering, materials engineering, materials science, neuroscience,
ocean engineering, and textile engineering. Listing these Category B
degrees under Category A would improve operating efficiency and
streamline the application process for prospective patent
practitioners. The USPTO invites comments on the inclusion of any of
these degrees in Category A, as well as any additional degrees that
should be considered.
Proposal 2: Accept Advanced Degrees Under Category A
Category A does not currently include post-baccalaureate degrees.
The USPTO proposes updating the GRB to list possession of a master's or
a doctoral degree in a Category A subject as demonstrating acceptable
technical and scientific training. The USPTO invites comment on whether
to include master's or doctoral degrees in a Category A subject as
qualifying technical and scientific training.
Proposal 3: Accept a Combination of Core Sciences Under Category B,
Option 4
Category B, Option 4 in the GRB requires a combination of 40 credit
hours in acceptable technical and scientific courses, including at
least 8 hours in either chemistry with a lab or 8 hours in physics with
a lab. Category B, Option 2, which focuses on training in biology and
related sciences, has a similar requirement. The requirement for lab-
based core science courses is meant to ensure familiarity with the
processes involved in conducting valid experiments, the scientific
method, and proper analysis of scientific data.
However, it is not clear whether multiple courses in either
chemistry or physics alone, with a lab, provide an appreciable benefit
over general core science training. Accordingly, the USPTO proposes
revising Category B, Option 4 by changing ``8 semester hours in
chemistry or 8 semester hours of physics . . . obtained in two
sequential courses, each containing a lab'' to ``eight semester hours
in a combination of chemistry, physics, and/or biology, with at least
one course including a lab.'' Category B, Option 2, which already
requires training in biology, would be revised to require at least
``eight semester hours in a combination of chemistry and physics, with
at least one course including a lab.'' The USPTO invites comments on
whether to change the requirement under Category B, Option 4 from two
sequential courses in chemistry or physics, each containing a lab, to
that of eight semester hours in a combination of chemistry, physics,
and/or biology, with at least one course including a lab, and whether
to change the similar requirement under Category B, Option 2 to eight
semester hours in a combination of chemistry and physics, with at least
one course including a lab.
Questions Regarding Administrative Updates to the General Requirements
Bulletin for Admission to the Examination for Registration To Practice
in Patent Cases Before the United States Patent and Trademark Office
As noted above, the Office welcomes comments from the public on any
portion of the proposed updates to the
[[Page 15469]]
General Requirements Bulletin for registration to practice in patent
matters. The Office is particularly interested in the public's input on
the following questions:
1. What additional degrees should qualify under Category A?
2. Should the USPTO include master's or doctoral degrees in a
Category A subject as qualifying technical and scientific training?
3. Should the USPTO change the Category B requirement of two
sequential courses in chemistry or physics, each containing a lab to
that of eight semester hours in a combination of chemistry, physics,
and/or biology, with at least one course including a lab for Option 4;
and to eight semester hours in a combination of chemistry and physics,
with at least one course including a lab for Option 2?
Andrew Hirshfeld,
Commissioner for Patents, Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2021-05940 Filed 3-22-21; 8:45 am]
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