[Federal Register Volume 86, Number 181 (Wednesday, September 22, 2021)]
[Notices]
[Pages 52652-52653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20378]
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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: Notice.
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SUMMARY: The United States Patent and Trademark Office (USPTO or
Office) previously published a notice requesting comments on the
implementation of certain 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). The USPTO has considered the comments and,
based on the support for the proposals, is implementing the updates to
the GRB. There are three categories of technical and scientific
qualifications that may typically make applicants eligible to sit for
the registration examination: 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. Based on the USPTO's evaluation and
comments received, the USPTO is changing the criteria to: Add common
Category B degrees to Category A, accept advanced degrees (i.e.,
master's and doctor of philosophy 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: The revised GRB incorporating the proposed updates will be
published and applicable as of September 22, 2021.
FOR FURTHER INFORMATION CONTACT: Will Covey, Director of the Office of
Enrollment and Discipline, by telephone at 571-272-4097 or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Summary
On March 23, 2021, the Office published a request for comments on
three proposals to change the criteria for sitting for the registration
examination: (1) Adding common Category B degrees to Category A, (2)
accepting advanced degrees (i.e., master's and doctor of philosophy
degrees) under Category A, and (3) accepting 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. The Office received 32 comments in
response to this request for comments as of May 24, 2021 (the closing
date for comments). An overwhelming majority of the comments were
supportive of the suggested changes.
This notice provides information relating to the implementation of
the three proposals.
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). The courts have determined that the USPTO Director bears
the 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 practitioners with
scientific and technical backgrounds in providing full and clear patent
specifications and claims has long been acknowledged. The USPTO
publishes the GRB, which 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. 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 by demonstrating that
they 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 pursuant to 37 CFR
11.7(a)(2)(ii).
The USPTO 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. To that end, the USPTO published a notice
requesting comments on three proposed updates to the GRB: (1) Adding
common Category B degrees to Category A, (2) accepting advanced degrees
(i.e., master's and doctor of philosophy degrees) under Category A, and
(3) accepting 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. See ``Request for Comments on 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,'' 86 FR 15467 (March 23, 2021).
The USPTO received 32 comments from intellectual property
organizations, universities, industry, a law firm, individual patent
practitioners, and the general public. The USPTO acknowledges and
appreciates the many comments that were submitted from the intellectual
property community. The comments are available at: www.regulations.gov/document/PTO-P-2021-0005-0001/comment. The USPTO has considered the
comments, including those that raised concerns or provided suggestions.
The USPTO is implementing the proposals as stated in the request for
comments, and as explained below. Additional
[[Page 52653]]
suggestions beyond the scope of the request for comments and the
questions posed therein were provided in many of the comments. The
USPTO appreciates the suggestions and may address them in the future,
once further evaluation and data are garnered.
This notice merely describes agency policy and procedures and does
not involve substantive rulemaking. While the criteria for admission to
practice in patent matters is generally described in 37 CFR 11.7, the
rule does not set forth the specific scientific and technical criteria
for admission.
Administrative Update 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. Prior to this notice, the bachelor's degree
under Category A may only have been 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. These degree categories will
remain listed under Category A.
Acceptable computer science degrees under Category A 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. This
requirement for computer science degrees under Category A remains
unchanged by this notice. Based on the comments received, the USPTO
will continue to evaluate this requirement in light of the type of
computer science degrees (i.e., whether accredited or not) and the
nature of computer science degrees generally awarded by colleges and
universities.
Starting in early 2020, the USPTO 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 comments
received, and understanding that Category A cannot be an exhaustive
list of all degrees that would qualify, the Office is expanding the
above list of Category A degrees to expressly include the following
degrees that are routinely accepted under Category B: 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 will improve operating efficiency and
streamline the application process for prospective patent
practitioners.
The USPTO also invited comments on any additional degrees that
should be considered under Category A. Based on the comments received
and a review of the applicants in the suggested degree categories over
the past three calendar years (i.e., 2018 through 2020), the USPTO is
also expanding the list of Category A degrees to expressly include the
following degree: Environmental engineering. Other degree categories
suggested by commenters were considered but are not being included
under Category A at this time to allow for the additional collection
and evaluation of data on these degree categories. For example, one of
the degree categories suggested by commenters was artificial
intelligence. In the past three calendar years, however, there have
been no applicants with an artificial intelligence degree. The USPTO
will continue to monitor degree categories as the degrees and data
develop.
The Office will continue to accept degrees where the transcript
demonstrates equivalence to a Category A degree (For example, molecular
cell biology may be equivalent to biology, and materials science and
engineering may be equivalent to materials science.).\2\
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\2\ See OED Frequently Asked Questions (FAQs), available at
www.uspto.gov/learning-and-resources/patent-and-trademark-practitioners/oed-frequently-asked-questions-faqs.
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Administrative Update 2: Accept Advanced Degrees Under Category A
Prior to this notice, Category A did not include post-baccalaureate
degrees. Based on a review of applicants and the comments received, the
USPTO is updating the GRB to list possession of a master's or a doctor
of philosophy degree in a Category A subject as demonstrating
acceptable technical and scientific training. This includes the newly
added Category A degrees listed above and degrees where the transcript
demonstrates equivalence to a Category A degree.
Administrative Update 3: Accept a Combination of Core Sciences Under
Category B, Options 2 and 4
Prior to this notice, Category B, Option 4 in the GRB required 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, had 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.
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 is 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, is being revised to require at least ``eight semester hours in
a combination of chemistry and physics, with at least one course
including a lab.''
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. 2021-20378 Filed 9-21-21; 8:45 am]
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