Admittance To Practice and Roster of Registered Patent Attorneys and Agents Admitted To Practice Before the United States Patent and Trademark Office (USPTO), 65733-65737 [E9-29528]
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Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology should be addressed to: Desk
Officer for Agriculture, Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB),
OIRA_Submission@OMB.EOP.GOV or
fax (202) 395–5806 and to Departmental
Clearance Office, USDA, OCIO, Mail
Stop 7602, Washington, DC 20250–
7602. Comments regarding these
information collections are best assured
of having their full effect if received
within 30 days of this notification.
Copies of the submission(s) may be
obtained by calling (202) 720–8681.
An agency may not conduct or
sponsor a collection of information
unless the collection of information
displays a currently valid OMB control
number and the agency informs
potential persons who are to respond to
the collection of information that such
persons are not required to respond to
the collection of information unless it
displays a currently valid OMB control
number.
Forest Service
Title: Forest Industries, Residential
Fuel Wood, and Post Data Collection
Systems
OMB Control Number: 0596–0010
Summary of Collection: The Forest
and Range Renewable Resources
Planning Act of 1974 (Pub. L. 93–278)
and the Forest and Rangeland
Renewable Resources Research Act of
1978 (Pub. L. 95–307) amended by the
Energy Security Act of 1980 (42 U.S.C.
8701) require the Forest Service (FS) to
evaluate trends in the use of logs and
wood chips, to forecast anticipated
levels of logs and wood chips, and to
analyze changes in the harvest of the
resources. Forest product and other
wood-using industries are important to
state, regional, and national economies.
In most southern states, the value of
rounded timber products is ranked
either first or second in relation to other
major agricultural crops. The
importance and value of the timber
products industry is significant in other
regions of the United States as well. The
FS will collect information using
questionnaires.
Need and Use of the Information: To
monitor the types, species, volumes,
sources, and prices of the timber
products harvested throughout the
Nation, FS will collect information
using the ‘‘Pulpwood Received
Questionnaire,’’ ‘‘Logs and Other
Roundwood Received Questionnaire,’’
and the ‘‘Residential Fuel Wood and
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Post Questionnaire.’’ The data will be
used to develop specific economic
development plans for a new forestrelated industry in a State and to assist
existing industries in identifying raw
material problems and opportunities. If
the information were not collected, data
would not be available for sub-state,
state, regional, and national policy
makers and program developers to make
decisions related to the forestland on a
scientific basis.
Description of Respondents: Business
or other for-profit; Not-for-profit
institutions.
Number of Respondents: 4,011.
Frequency of Responses: Reporting:
On occasion; Annually.
Total Burden Hours: 2,019.
Forest Service
Title: Objection to New Land
Management Plans, Plan Amendments,
and Plan Revisions
OMB Control Number: 0596–0158
Summary of Collection: The process
for submitting objections to new land
management plans, plan amendments,
and plan revisions is set forth in Title
36 CFR 219.13. An objector must
provide their name, mailing address,
telephone number, and identify the
specific proposed plan, amendment, or
revision that is the subject of the
objection. This is the minimum
information needed for a citizen or
organization to explain the nature of
and rational for objections to new land
management plans, plan amendments,
and plan revisions.
This information must accompany a
concise statement explaining how the
environmental disclosure documents, if
any, and proposed plan, amendment, or
revision are inconsistent with law,
regulation, Executive Order, or policy
and any recommendations for change.
The Reviewing Officer then reviews the
objection(s) and relevant information
and responds to the objector(s) in
writing.
Need and Use of the Information: The
information collected (objections to new
land management plans, plan
amendments, and plan revisions) is
analyzed and responded to by a Forest
Service official. At times, this
information is used to modify land and
resource management planning
decisions. Forest supervisors and
regional forests that make decisions on
land and resource management
planning also use the information.
Without this information, the agency’s
decision-making will suffer from a
reduction in public input and agency
relationships with the public will
deteriorate.
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Description of Respondents:
Individuals or households; Business or
other for-profit; Not-for-profit
institutions; State, Local or Tribal
Government.
Number of Respondents: 1,210.
Frequency of Responses: Reporting:
Other (once).
Total Burden Hours: 12,100.
Charlene Parker,
Departmental Information Collection
Clearance Officer.
[FR Doc. E9–29552 Filed 12–10–09; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Admittance To Practice and Roster of
Registered Patent Attorneys and
Agents Admitted To Practice Before
the United States Patent and
Trademark Office (USPTO)
ACTION: Proposed collection; Comment
Request.
SUMMARY: The United States Patent and
Trademark Office (USPTO), as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on this continuing
information collection, as required by
the Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before February 9, 2010.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail: Susan.Fawcett@uspto.gov.
Include ‘‘0651–0012 Admittance to
Practice and Roster of Registered Patent
Attorneys and Agents Admitted to
Practice Before the USPTO comment’’ in
the subject line of the message.
• Fax: 571–273–0112, marked to the
attention of Susan K. Fawcett.
• Mail: Susan K. Fawcett, Records
Officer, Office of the Chief Information
Officer, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
• Federal e-Rulemaking Portal:
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to the attention of
Christine Nucker, Enrollment and
Discipline Administrator, United States
Patent and Trademark Office, Mail Stop
OED, P.O. Box 1450, Alexandria, VA
22313–1450; by telephone at 571–272–
6071; or by e-mail at
Christine.Nucker@uspto.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Notices
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.
The USPTO administers the statute
through 37 CFR 1.21, 10.14 and 11.5 to
11.12. These rules address 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 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 information to
administer and maintain the roster of
attorneys and agents registered to
practice before the USPTO. Information
concerning registered attorneys and
agents is published by the OED in a
public roster that can be accessed
through the USPTO Web site.
The information in this 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.
There are eight forms associated with
this information collection. Two new
forms are being introduced into this
collection: The 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–158T) and the
Application for Registration in the
USPTO Law School Pilot Program to
Practice Before the United States Patent
and Trademark Office by a Foreign
Attorney or Agent (PTO–158LS).
Three additional new items being
introduced into the collection are: (1)
Cover pages used for submitting
correspondence to OED (for documents
submitted with applications, requests
for reconsideration, and petitions); (2)
record keeping costs (a copy of every
document submitted to OED in
connection with an application for
registration); and (3) electronic change
of address submissions.
II. Method of Collection
By mail to the USPTO when the
individual desires to participate in the
information collection and
electronically when the individual is
submitting a change of address.
III. Data
OMB Number: 0651–0012.
Form Number(s): PTO–158, PTO–
158A, PTO/275, PTO–107A, PTO–1209,
PTO–2126, PTO–2149 and PTO–2150.
Two new forms being introduced into
the collection are PTO–158T and PTO–
158LS.
Type of Review: Revision of a
currently approved collection.
Affected Public: Businesses or other
for-profits.
Estimated Number of Respondents:
93,340 responses per year.
Estimated Time per Response: The
USPTO estimates that it will take the
public approximately 1 minute (0.02
hours) to 40 hours, depending upon the
complexity of the situation, to gather,
prepare, and submit the various
documents in this information
collection.
Estimated Total Annual Respondent
Burden Hours: 98,028 hours per year.
Estimated Total Annual Respondent
Cost Burden: $23,010,260. The cost to
respondents for taking the registration
examination is estimated to be at the
rate of $39 per hour, for a cost burden
of $1,206,660. The USPTO estimates
that the remaining items in this
collection will be prepared by attorneys
in private firms. Using the professional
hourly rate of $325 for attorneys in
private firms, the USPTO estimates
$21,803,600 per year in respondent cost
burden associated with the remaining
items in this information collection.
Estimated
annual
responses
Estimated
annual burden
hours
jlentini on DSKJ8SOYB1PROD with NOTICES
Item
Estimated time
for response
Application for Registration to Practice Before the United States Patent and Trademark Office (includes both the computerized exam and the USPTO-administered exam) FORM
PTO–158.
Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived) FORM PTO–158.
Application for Registration to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident (examination waived) FORM PTO–
158A.
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 (examination waived) FORM PTO–158T.
Application for Registration in the USPTO Law School Pilot Program to Practice Before the
United States Patent and Trademark Office Under 37 CFR 11.14(c) (examination
waived) (Law School Students Only) FORM PTO–158LS.
Registration examination to become a registered practitioner .................................................
Undertaking under 37 CFR 11.10(b) PTO/275 ........................................................................
Data Sheet—Register of Patent Attorneys and Agents (individuals passing the registration
exam) PTO–107A.
Data Sheet—Register of Patent Attorneys and Agents (Foreign applicants) PTO–107A .......
Data Sheet—Register of Patent Attorneys and Agents (former examiners seeking registration) PTO–107A.
Oath or Affirmation PTO–1209 .................................................................................................
Reinstatement to the Register PTO–107A ...............................................................................
Written request for reconsideration and further review of disapproval notice of application ...
Petition to the Director of the Office of Enrollment and Discipline Under 37 CFR 11.12(c) ...
Petition for reinstatement after disciplinary removal under 37 CFR 11.7(h) ............................
Annual Practitioner Registration Fee FORM PTO–2126 .........................................................
Annual Fee, Limited Recognition FORM PTO–2126 ...............................................................
30 minutes ........
4,420
2,210
30 minutes ........
100
50
30 minutes ........
100
50
30 minutes ........
25
13
30 minutes ........
60
30
7 hours .............
20 minutes ........
10 minutes ........
4,420
520
1,995
30,940
172
339
10 minutes ........
10 minutes ........
100
100
17
17
5 minutes ..........
10 minutes ........
90 minutes ........
45 minutes ........
40 hours ...........
10 minutes ........
10 minutes ........
2,195
30
30
20
4
32,500
200
176
5
45
15
160
5,525
34
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Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Notices
Estimated
annual
responses
Estimated
annual burden
hours
Item
Estimated time
for response
Voluntary Inactive Status FORM PTO–2126 ...........................................................................
Request for Restoration to Active Status from Voluntary Inactive Status FORM PTO–2126
Balance of Annual Fee Due on Restoration to Active Status from Voluntary Inactive Status
FORM PTO–2126.
Delinquency Fee for Annual Fee FORM PTO–2126 ...............................................................
Reinstatement Fee (fee required to be paid after the due date of the required annual fee)
FORM PTO–2126.
Sponsor Application for USPTO Continuing Legal Education (CLE) FORM PTO–2149 ........
Certification of Attendance at USPTO-approved CLE Training FORM PTO–2150 .................
Practitioner request for paper version of CLE ..........................................................................
On-line version of the seminar CLE .........................................................................................
Paper version of the CLE .........................................................................................................
Practitioner’s supporting documentation for a motion to hold in abeyance a disciplinary proceeding because of a current disability or addiction.
Cover pages used for submitting correspondence to OED (for documents submitted with
applications, Requests for Reconsideration, and petitions).
Change of address—electronic submission .............................................................................
10 minutes ........
10 minutes ........
10 minutes ........
2,000
700
700
340
119
119
10 minutes ........
10 minutes ........
2,100
420
357
71
1 hour ...............
1 hour ...............
5 minutes ..........
2 hours .............
2 hours .............
40 hours ...........
350
350
100
28,000
100
1
350
350
8
56,000
200
40
1 minute ...........
7,500
150
2 minutes ..........
4,200
126
Total ...................................................................................................................................
...........................
93,340
98,028
Estimated Total Annual (non-hour)
Respondent Cost Burden: $5,710,143.
There are no capital start-up or
maintenance costs associated with this
information collection. There are,
however, non-hour costs due to record
keeping requirements, filing fees, and
postage costs.
There are record keeping costs as a
result of the Oath which includes a
notary public requirement. The average
fee for having a document notarized is
$2. The USPTO estimates that it will
receive 2,195 responses to this
information collection per year as a
result of this notary requirement, for a
total cost of $4,390 per year. Also, there
is another record keeping cost being
added into the collection. The General
Requirements Bulletin recommends that
‘‘applicants 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
4,700 responses will be made per year,
for a total of 376 hours. Using the
professional rate of $325 per hour for
attorneys in private firms, the USPTO
estimates that the record keeping cost
associated with this copy requirement
Responses
(a)
Item
jlentini on DSKJ8SOYB1PROD with NOTICES
will be $122,200 per year, for a total
record keeping cost of $126,590.
There are also filing fees associated
with this collection. The application
fees for registration to practice before
the USPTO vary depending on whether
the applicant is a current applicant, a
former examiner, or a foreign resident.
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 nonhour cost burden associated with filing
fees is $5,561,840.
Non-Refundable Application Fee for Registration to Practice Before the United States Patent
and Trademark Office (includes both the computerized exam and the USPTO-administered
exam) .......................................................................................................................................
Non-Refundable Application Fee 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) ..........................................................................................................
Application fee for Registration to Practice Before the United States Patent and Trademark
Office, as applicable when used for registration fees only (former examiners; examination
waived) .....................................................................................................................................
Application for Registration to Practice Before the United States Patent and Trademark Office
Under 37 CFR 11.6(c) by a Foreign Resident (examination waived) .....................................
Application fee 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/
Agent (examination waived) .....................................................................................................
Application Fee for Registration in the USPTO Law School Pilot Program to Practice Before
the United States Patent and Trademark Office Under 37 CFR 11.14(c) (examination
waived) (Law School students only) ........................................................................................
Registration examination fee for administration of computerized examination to become a
registered patent practitioner administered by the USPTO (USPTO-administered exam) .....
Registration examination fee for administration of computerized examination to become a
registered patent practitioner administered by a commercial entity (Computer exam) ...........
Undertaking under 37 CFR 11.10(b) ...........................................................................................
Data Sheet—Register of Patent Attorneys and Agents (includes applicants that passed the
examination, former examiners, and foreign applicants) .........................................................
Oath or Affirmation ......................................................................................................................
Reinstatement to the Register .....................................................................................................
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Filing fee
($)
(b)
Total non-hour
cost burden
(a) × (b)
(c)
4,420
$40.00
$176,800.00
35
1,600.00
56,000.00
100
40.00
4,000.00
100
40.00
4,000.00
25
40.00
1,000.00
60
0.00
0.00
20
450.00
9,000.00
4,400
520
200.00
0.00
880,000.00
0.00
2,195
2,195
30
100.00
0.00
100.00
219,500.00
0.00
3,000.00
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Federal Register / Vol. 74, No. 237 / Friday, December 11, 2009 / Notices
Filing fee
($)
(b)
Responses
(a)
Item
Total non-hour
cost burden
(a) × (b)
(c)
Written request for reconsideration and further review of disapproval notice of application ......
Petition to the Director of the Office of Enrollment and Discipline under 11.12(c) .....................
Petition for reinstatement after disciplinary removal under 11.7(h) ............................................
Annual Practitioner Registration Fee ...........................................................................................
Annual Fee, Limited Recognition ................................................................................................
Voluntary Inactive Status .............................................................................................................
Request for Restoration to Active from Voluntary Inactive Status ..............................................
Balance of annual fee due on restoration to active from voluntary inactive status ....................
Delinquency fee for annual fee (fee paid after the due date and for CLE) ................................
Reinstatement Fee (required to be paid after the due date of the required annual fee or CLE)
Sponsor Application for USPTO CLE ..........................................................................................
Certification of Attendance at USPTO-approved CLE Training ..................................................
Practitioner request for paper version of CLE program and furnished narrative ........................
On-line version of the Seminar CLE ...........................................................................................
Paper version of the CLE ............................................................................................................
Practitioner’s supporting documentation for a motion to hold in abeyance a disciplinary proceeding because of a current disability or addiction ...............................................................
Cover pages used for submitting correspondence to OED (includes ‘‘Request for Reconsideration’’ cover page) ....................................................................................................................
Change of address—electronic submission ................................................................................
30
20
4
32,500
200
2,000
700
700
2,100
420
350
350
100
28,000
100
130.00
130.00
1,600.00
118.00
118.00
25.00
50.00
93.00
50.00
100.00
60.00
0.00
75.00
0.00
0.00
3,900.00
2,600.00
6,400.00
3,835,000.00
23,600.00
50,000.00
35,000.00
65,100.00
105,000.00
42,000.00
21,000.00
0.00
7,500.00
0.00
0.00
1
11,440.00
11,440.00
7,500
4,200
0.00
0.00
0.00
0.00
Total ......................................................................................................................................
93,375
........................
5,561,840.00
The General Requirements Bulletin
for Admission to the Examination for
Registration to Practice in Patent Cases
before the USPTO states that all
business with the USPTO should be
transacted in writing. The actions of the
OED will be based exclusively on the
written record in the USPTO (37 CFR
1.2). Personal attendance is
unnecessary. All documents may be
submitted to the USPTO by first-class
mail through the United States Postal
Service. Mailed submissions should
include a certificate of mailing for each
piece of correspondence enclosed,
stating the date of deposit or
transmission to the USPTO. The USPTO
estimates that the average first-class
Responses
(a)
jlentini on DSKJ8SOYB1PROD with NOTICES
Item
Application for Registration to Practice Before the United States Patent and Trademark Office
(includes both the computerized exam and the USPTO-administered exam) ........................
Application for Registration to Practice Before the United States Patent and Trademark Office
(former examiners; examination waived) .................................................................................
Application for Registration to Practice Before the United States Patent and Trademark Office
Under 37 CFR 11.6(c) by a Foreign Resident (examination waived) .....................................
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 (examination waived) .....................................................................................................
Application for Registration in the USPTO Law School Pilot Program to Practice Before the
United States Patent and Trademark Office Under 37 CFR 11.14(c) (examination waived)
(Law School Students only) .....................................................................................................
Registration examination to become a registered practitioner ....................................................
Undertaking under 37 CFR 11.10(b) ...........................................................................................
Data Sheet—Register of Patent Attorneys and Agents (includes applicants that passed the
examination, former examiners, and foreign applicants) .........................................................
Oath or Affirmation ......................................................................................................................
Reinstatement to the Register .....................................................................................................
Written request for reconsideration and further review of disapproval notice of application ......
Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.12(c) .......
Petition for reinstatement after disciplinary removal under 37 CFR 11.7(h) ..............................
Annual Practitioner Registration Fee ...........................................................................................
Annual Fee, Limited Recognition ................................................................................................
Voluntary Inactive Status .............................................................................................................
Request for Restoration to Active from Voluntary Inactive Status ..............................................
Balance of annual fee due on restoration to active from voluntary inactive status ....................
Delinquency Fee for annual fee (fee paid after the due date and for CLE) ...............................
Reinstatement fee (required to be paid after the due date of the required annual fee or CLE)
Sponsor application for USPTO CLE ..........................................................................................
Certification of Attendance at USPTO-approved CLE Training ..................................................
Practitioner request for paper version of CLE program and furnished narrative ........................
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postage cost for responses to this
collection will vary from 44 cents for
one ounce to $4.80 for one pound,
depending on the individual
submission. The total annual non-hour
cost burden associated with postage
costs is $21,713.
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Postage cost
($)
(b)
Total non-hour
cost burden
(a) × (b)
(c)
4,420
$0.61
$2,696.00
100
0.61
61.00
100
0.44
44.00
25
0.61
15.00
60
4,420
520
0.00
0.00
0.00
0.00
0.00
0.00
2,195
2,195
30
30
20
4
32,500
200
2,000
700
700
2,100
420
350
350
100
0.44
0.00
0.44
0.61
1.73
0.78
0.44
0.44
0.44
0.44
0.44
0.44
0.44
1.73
0.61
0.44
966.00
0.00
13.00
18.00
35.00
3.00
14,300.00
88.00
880.00
308.00
308.00
924.00
185.00
606.00
214.00
44.00
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Postage cost
($)
(b)
Responses
(a)
Item
Total non-hour
cost burden
(a) × (b)
(c)
On-line version of the Seminar CLE ...........................................................................................
Paper version of the CLE ............................................................................................................
Practitioner’s supporting documentation for a motion to hold in abeyance a disciplinary proceeding because of a current disability or addiction ...............................................................
Cover pages used for submitting correspondence to OED (includes ‘‘Request for Reconsideration’’ cover page) ....................................................................................................................
Change of Address—electronic submission ................................................................................
28,000
100
0.00
0.00
0.00
0.00
1
4.80
5.00
7,500
4,200
0.00
0.00
0.00
0.00
Total ......................................................................................................................................
93,340
........................
21,713.00
The USPTO estimates that the total
(non-hour) respondent cost burden for
this collection in the form of
recordkeeping costs, filing fees, and
postage costs is $5,710,143.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized or
included in the request for OMB
approval of this information collection;
they will also become a matter of public
record.
Dated: December 7, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. E9–29528 Filed 12–10–09; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–533–848]
jlentini on DSKJ8SOYB1PROD with NOTICES
Commodity Matchbooks from India:
Antidumping Duty Order
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: Based on affirmative final
determinations by the Department of
Commerce (the Department) and the
International Trade Commission (the
ITC), the Department is issuing an
VerDate Nov<24>2008
17:33 Dec 10, 2009
Jkt 220001
antidumping duty order on commodity
matchbooks from India. On December 4,
2009, the ITC notified the Department of
its affirmative determination of material
injury to a U.S. industry.
EFFECTIVE DATE: December 11, 2009.
FOR FURTHER INFORMATION CONTACT:
Holly Phelps or Elizabeth Eastwood,
AD/CVD Operations, Office 2, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW, Washington, DC 20230;
telephone: (202) 482–0656 and (202)
482–3874, respectively.
SUPPLEMENTARY INFORMATION:
Background
On October 22, 2009, the Department
published its affirmative final
determination of sales at less-than-fairvalue in the antidumping duty
investigation of commodity matchbooks
from India. See Notice of Final
Determination of Sales at Less Than
Fair Value: Commodity Matchbooks
from India, 74 FR 54536 (Oct. 22, 2009).
On December 4, 2009, the ITC notified
the Department of its final
determination pursuant to section
735(d) of the Tariff Act of 1930, as
amended (the Act), that an industry in
the United States is materially injured
by reason of less-than-fair-value imports
of commodity matchbooks from India.
See section 735(b)(1)(A)(i) of the Act.
Scope of the Order
The scope of this order includes
commodity matchbooks, also known as
commodity book matches, paper
matches or booklet matches.1
Commodity matchbooks typically, but
do not necessarily, consist of twenty
match stems which are usually made
from paperboard or similar material
tipped with a match head composed of
any chemical formula. The match stems
1 Such commodity matchbooks are also referred
to as ‘‘for resale’’ because they always enter into
retail channels, meaning businesses that sell a
general variety of tangible merchandise, e.g.,
convenience stores, supermarkets, dollar stores,
drug stores and mass merchandisers.
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
may be stitched, stapled, or otherwise
fastened into a matchbook cover of any
material, on which a striking strip
composed of any chemical formula has
been applied to assist in the ignition
process.
Commodity matchbooks included in
the scope of this order may or may not
contain printing. For example, they may
have no printing other than the
identification of the manufacturer or
importer. Commodity matchbooks may
also be printed with a generic message
such as ‘‘Thank You’’ or a generic image
such as the American Flag, with store
brands (e.g., Kroger, 7-Eleven, Shurfine
or Giant); product brands for national or
regional advertisers such as cigarettes or
alcoholic beverages; or with corporate
brands for national or regional
distributors (e.g., Penley Corp. or
Diamond Brands). They all enter retail
distribution channels. Regardless of the
materials used for the stems of the
matches and regardless of the way the
match stems are fastened to the
matchbook cover, all commodity
matchbooks are included in the scope of
this order.
All matchbooks, including
commodity matchbooks, typically
comply with the United States
Consumer Product Safety Commission
(CPSC) Safety Standard for Matchbooks,
codified at 16 CFR 1202.1 et seq.
The scope of this order excludes
promotional matchbooks, often referred
to as ‘‘not for resale,’’ or ‘‘specialty
advertising’’ matchbooks, as they do not
enter into retail channels and are sold
to businesses that provide hospitality,
dining, drinking or entertainment
services to their customers, and are
given away by these businesses as
promotional items. Such promotional
matchbooks are distinguished by the
physical characteristic of having the
name and/or logo of a bar, restaurant,
´
resort, hotel, club, cafe/coffee shop,
grill, pub, eatery, lounge, casino,
barbecue or individual establishment
printed prominently on the matchbook
cover. Promotional matchbook cover
printing also typically includes the
E:\FR\FM\11DEN1.SGM
11DEN1
]]>Agencies
[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65733-65737]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29528]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Admittance To Practice and Roster of Registered Patent Attorneys
and Agents Admitted To Practice Before the United States Patent and
Trademark Office (USPTO)
ACTION: Proposed collection; Comment Request.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to take this
opportunity to comment on this continuing information collection, as
required by the Paperwork Reduction Act of 1995.
DATES: Written comments must be submitted on or before February 9,
2010.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: Susan.Fawcett@uspto.gov. Include ``0651-0012
Admittance to Practice and Roster of Registered Patent Attorneys and
Agents Admitted to Practice Before the USPTO comment'' in the subject
line of the message.
Fax: 571-273-0112, marked to the attention of Susan K.
Fawcett.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450.
Federal e-Rulemaking Portal: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Christine Nucker, Enrollment and
Discipline Administrator, United States Patent and Trademark Office,
Mail Stop OED, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone
at 571-272-6071; or by e-mail at Christine.Nucker@uspto.gov.
SUPPLEMENTARY INFORMATION:
[[Page 65734]]
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.
The USPTO administers the statute through 37 CFR 1.21, 10.14 and
11.5 to 11.12. These rules address 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
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
information to administer and maintain the roster of attorneys and
agents registered to practice before the USPTO. Information concerning
registered attorneys and agents is published by the OED in a public
roster that can be accessed through the USPTO Web site.
The information in this 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.
There are eight forms associated with this information collection.
Two new forms are being introduced into this collection: The
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-158T) and the Application
for Registration in the USPTO Law School Pilot Program to Practice
Before the United States Patent and Trademark Office by a Foreign
Attorney or Agent (PTO-158LS).
Three additional new items being introduced into the collection
are: (1) Cover pages used for submitting correspondence to OED (for
documents submitted with applications, requests for reconsideration,
and petitions); (2) record keeping costs (a copy of every document
submitted to OED in connection with an application for registration);
and (3) electronic change of address submissions.
II. Method of Collection
By mail to the USPTO when the individual desires to participate in
the information collection and electronically when the individual is
submitting a change of address.
III. Data
OMB Number: 0651-0012.
Form Number(s): PTO-158, PTO-158A, PTO/275, PTO-107A, PTO-1209,
PTO-2126, PTO-2149 and PTO-2150. Two new forms being introduced into
the collection are PTO-158T and PTO-158LS.
Type of Review: Revision of a currently approved collection.
Affected Public: Businesses or other for-profits.
Estimated Number of Respondents: 93,340 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public approximately 1 minute (0.02 hours) to 40 hours, depending
upon the complexity of the situation, to gather, prepare, and submit
the various documents in this information collection.
Estimated Total Annual Respondent Burden Hours: 98,028 hours per
year.
Estimated Total Annual Respondent Cost Burden: $23,010,260. The
cost to respondents for taking the registration examination is
estimated to be at the rate of $39 per hour, for a cost burden of
$1,206,660. The USPTO estimates that the remaining items in this
collection will be prepared by attorneys in private firms. Using the
professional hourly rate of $325 for attorneys in private firms, the
USPTO estimates $21,803,600 per year in respondent cost burden
associated with the remaining items in this information collection.
----------------------------------------------------------------------------------------------------------------
Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
----------------------------------------------------------------------------------------------------------------
Application for Registration to Practice 30 minutes......................... 4,420 2,210
Before the United States Patent and
Trademark Office (includes both the
computerized exam and the USPTO-
administered exam) FORM PTO-158.
Application for Registration to Practice 30 minutes......................... 100 50
Before the United States Patent and
Trademark Office (former examiners;
examination waived) FORM PTO-158.
Application for Registration to Practice 30 minutes......................... 100 50
Before the United States Patent and
Trademark Office Under 37 CFR 11.6(c) by a
Foreign Resident (examination waived) FORM
PTO-158A.
Application for Reciprocal Recognition to 30 minutes......................... 25 13
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)
FORM PTO-158T.
Application for Registration in the USPTO 30 minutes......................... 60 30
Law School Pilot Program to Practice
Before the United States Patent and
Trademark Office Under 37 CFR 11.14(c)
(examination waived) (Law School Students
Only) FORM PTO-158LS.
Registration examination to become a 7 hours............................ 4,420 30,940
registered practitioner.
Undertaking under 37 CFR 11.10(b) PTO/275.. 20 minutes......................... 520 172
Data Sheet--Register of Patent Attorneys 10 minutes......................... 1,995 339
and Agents (individuals passing the
registration exam) PTO-107A.
Data Sheet--Register of Patent Attorneys 10 minutes......................... 100 17
and Agents (Foreign applicants) PTO-107A.
Data Sheet--Register of Patent Attorneys 10 minutes......................... 100 17
and Agents (former examiners seeking
registration) PTO-107A.
Oath or Affirmation PTO-1209............... 5 minutes.......................... 2,195 176
Reinstatement to the Register PTO-107A..... 10 minutes......................... 30 5
Written request for reconsideration and 90 minutes......................... 30 45
further review of disapproval notice of
application.
Petition to the Director of the Office of 45 minutes......................... 20 15
Enrollment and Discipline Under 37 CFR
11.12(c).
Petition for reinstatement after 40 hours........................... 4 160
disciplinary removal under 37 CFR 11.7(h).
Annual Practitioner Registration Fee FORM 10 minutes......................... 32,500 5,525
PTO-2126.
Annual Fee, Limited Recognition FORM PTO- 10 minutes......................... 200 34
2126.
[[Page 65735]]
Voluntary Inactive Status FORM PTO-2126.... 10 minutes......................... 2,000 340
Request for Restoration to Active Status 10 minutes......................... 700 119
from Voluntary Inactive Status FORM PTO-
2126.
Balance of Annual Fee Due on Restoration to 10 minutes......................... 700 119
Active Status from Voluntary Inactive
Status FORM PTO-2126.
Delinquency Fee for Annual Fee FORM PTO- 10 minutes......................... 2,100 357
2126.
Reinstatement Fee (fee required to be paid 10 minutes......................... 420 71
after the due date of the required annual
fee) FORM PTO-2126.
Sponsor Application for USPTO Continuing 1 hour............................. 350 350
Legal Education (CLE) FORM PTO-2149.
Certification of Attendance at USPTO- 1 hour............................. 350 350
approved CLE Training FORM PTO-2150.
Practitioner request for paper version of 5 minutes.......................... 100 8
CLE.
On-line version of the seminar CLE......... 2 hours............................ 28,000 56,000
Paper version of the CLE................... 2 hours............................ 100 200
Practitioner's supporting documentation for 40 hours........................... 1 40
a motion to hold in abeyance a
disciplinary proceeding because of a
current disability or addiction.
Cover pages used for submitting 1 minute........................... 7,500 150
correspondence to OED (for documents
submitted with applications, Requests for
Reconsideration, and petitions).
Change of address--electronic submission... 2 minutes.......................... 4,200 126
--------------------------------------------------------------------
Total.................................. ................................... 93,340 98,028
----------------------------------------------------------------------------------------------------------------
Estimated Total Annual (non-hour) Respondent Cost Burden:
$5,710,143. There are no capital start-up or maintenance costs
associated with this information collection. There are, however, non-
hour costs due to record keeping requirements, filing fees, and postage
costs.
There are record keeping costs as a result of the Oath which
includes a notary public requirement. The average fee for having a
document notarized is $2. The USPTO estimates that it will receive
2,195 responses to this information collection per year as a result of
this notary requirement, for a total cost of $4,390 per year. Also,
there is another record keeping cost being added into the collection.
The General Requirements Bulletin recommends that ``applicants 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 4,700
responses will be made per year, for a total of 376 hours. Using the
professional rate of $325 per hour for attorneys in private firms, the
USPTO estimates that the record keeping cost associated with this copy
requirement will be $122,200 per year, for a total record keeping cost
of $126,590.
There are also filing fees associated with this collection. The
application fees for registration to practice before the USPTO vary
depending on whether the applicant is a current applicant, a former
examiner, or a foreign resident. 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 $5,561,840.
----------------------------------------------------------------------------------------------------------------
Total non-hour
Item Responses (a) Filing fee ($) cost burden
(b) (a) x (b) (c)
----------------------------------------------------------------------------------------------------------------
Non-Refundable Application Fee for Registration to Practice 4,420 $40.00 $176,800.00
Before the United States Patent and Trademark Office (includes
both the computerized exam and the USPTO-administered exam)....
Non-Refundable Application Fee for Enrollment and/or 35 1,600.00 56,000.00
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)...........................................
Application fee for Registration to Practice Before the United 100 40.00 4,000.00
States Patent and Trademark Office, as applicable when used for
registration fees only (former examiners; examination waived)..
Application for Registration to Practice Before the United 100 40.00 4,000.00
States Patent and Trademark Office Under 37 CFR 11.6(c) by a
Foreign Resident (examination waived)..........................
Application fee for Reciprocal Recognition to Practice in 25 40.00 1,000.00
Trademark Matters Before the United States Patent and Trademark
Office Under 37 CFR 11.14(c) by a Foreign Attorney/Agent
(examination waived)...........................................
Application Fee for Registration in the USPTO Law School Pilot 60 0.00 0.00
Program to Practice Before the United States Patent and
Trademark Office Under 37 CFR 11.14(c) (examination waived)
(Law School students only).....................................
Registration examination fee for administration of computerized 20 450.00 9,000.00
examination to become a registered patent practitioner
administered by the USPTO (USPTO-administered exam)............
Registration examination fee for administration of computerized 4,400 200.00 880,000.00
examination to become a registered patent practitioner
administered by a commercial entity (Computer exam)............
Undertaking under 37 CFR 11.10(b)............................... 520 0.00 0.00
Data Sheet--Register of Patent Attorneys and Agents (includes 2,195 100.00 219,500.00
applicants that passed the examination, former examiners, and
foreign applicants)............................................
Oath or Affirmation............................................. 2,195 0.00 0.00
Reinstatement to the Register................................... 30 100.00 3,000.00
[[Page 65736]]
Written request for reconsideration and further review of 30 130.00 3,900.00
disapproval notice of application..............................
Petition to the Director of the Office of Enrollment and 20 130.00 2,600.00
Discipline under 11.12(c)......................................
Petition for reinstatement after disciplinary removal under 4 1,600.00 6,400.00
11.7(h)........................................................
Annual Practitioner Registration Fee............................ 32,500 118.00 3,835,000.00
Annual Fee, Limited Recognition................................. 200 118.00 23,600.00
Voluntary Inactive Status....................................... 2,000 25.00 50,000.00
Request for Restoration to Active from Voluntary Inactive Status 700 50.00 35,000.00
Balance of annual fee due on restoration to active from 700 93.00 65,100.00
voluntary inactive status......................................
Delinquency fee for annual fee (fee paid after the due date and 2,100 50.00 105,000.00
for CLE).......................................................
Reinstatement Fee (required to be paid after the due date of the 420 100.00 42,000.00
required annual fee or CLE)....................................
Sponsor Application for USPTO CLE............................... 350 60.00 21,000.00
Certification of Attendance at USPTO-approved CLE Training...... 350 0.00 0.00
Practitioner request for paper version of CLE program and 100 75.00 7,500.00
furnished narrative............................................
On-line version of the Seminar CLE.............................. 28,000 0.00 0.00
Paper version of the CLE........................................ 100 0.00 0.00
Practitioner's supporting documentation for a motion to hold in 1 11,440.00 11,440.00
abeyance a disciplinary proceeding because of a current
disability or addiction........................................
Cover pages used for submitting correspondence to OED (includes 7,500 0.00 0.00
``Request for Reconsideration'' cover page)....................
Change of address--electronic submission........................ 4,200 0.00 0.00
-----------------------------------------------
Total....................................................... 93,375 .............. 5,561,840.00
----------------------------------------------------------------------------------------------------------------
The General Requirements Bulletin for Admission to the Examination
for Registration to Practice in Patent Cases before the USPTO states
that all business with the USPTO should be transacted in writing. The
actions of the OED will be based exclusively on the written record in
the USPTO (37 CFR 1.2). Personal attendance is unnecessary. All
documents may be submitted to the USPTO by first-class mail through the
United States Postal Service. Mailed submissions should include a
certificate of mailing for each piece of correspondence enclosed,
stating the date of deposit or transmission to the USPTO. The USPTO
estimates that the average first-class postage cost for responses to
this collection will vary from 44 cents for one ounce to $4.80 for one
pound, depending on the individual submission. The total annual non-
hour cost burden associated with postage costs is $21,713.
----------------------------------------------------------------------------------------------------------------
Total non-hour
Item Responses (a) Postage cost cost burden
($) (b) (a) x (b) (c)
----------------------------------------------------------------------------------------------------------------
Application for Registration to Practice Before the United 4,420 $0.61 $2,696.00
States Patent and Trademark Office (includes both the
computerized exam and the USPTO-administered exam).............
Application for Registration to Practice Before the United 100 0.61 61.00
States Patent and Trademark Office (former examiners;
examination waived)............................................
Application for Registration to Practice Before the United 100 0.44 44.00
States Patent and Trademark Office Under 37 CFR 11.6(c) by a
Foreign Resident (examination waived)..........................
Application for Reciprocal Recognition to Practice in Trademark 25 0.61 15.00
Matters Before the United States Patent and Trademark Office
Under 37 CFR 11.14(c) by a Foreign Attorney or Agent
(examination waived)...........................................
Application for Registration in the USPTO Law School Pilot 60 0.00 0.00
Program to Practice Before the United States Patent and
Trademark Office Under 37 CFR 11.14(c) (examination waived)
(Law School Students only).....................................
Registration examination to become a registered practitioner.... 4,420 0.00 0.00
Undertaking under 37 CFR 11.10(b)............................... 520 0.00 0.00
Data Sheet--Register of Patent Attorneys and Agents (includes 2,195 0.44 966.00
applicants that passed the examination, former examiners, and
foreign applicants)............................................
Oath or Affirmation............................................. 2,195 0.00 0.00
Reinstatement to the Register................................... 30 0.44 13.00
Written request for reconsideration and further review of 30 0.61 18.00
disapproval notice of application..............................
Petition to the Director of the Office of Enrollment and 20 1.73 35.00
Discipline under 37 CFR 11.12(c)...............................
Petition for reinstatement after disciplinary removal under 37 4 0.78 3.00
CFR 11.7(h)....................................................
Annual Practitioner Registration Fee............................ 32,500 0.44 14,300.00
Annual Fee, Limited Recognition................................. 200 0.44 88.00
Voluntary Inactive Status....................................... 2,000 0.44 880.00
Request for Restoration to Active from Voluntary Inactive Status 700 0.44 308.00
Balance of annual fee due on restoration to active from 700 0.44 308.00
voluntary inactive status......................................
Delinquency Fee for annual fee (fee paid after the due date and 2,100 0.44 924.00
for CLE).......................................................
Reinstatement fee (required to be paid after the due date of the 420 0.44 185.00
required annual fee or CLE)....................................
Sponsor application for USPTO CLE............................... 350 1.73 606.00
Certification of Attendance at USPTO-approved CLE Training...... 350 0.61 214.00
Practitioner request for paper version of CLE program and 100 0.44 44.00
furnished narrative............................................
[[Page 65737]]
On-line version of the Seminar CLE.............................. 28,000 0.00 0.00
Paper version of the CLE........................................ 100 0.00 0.00
Practitioner's supporting documentation for a motion to hold in 1 4.80 5.00
abeyance a disciplinary proceeding because of a current
disability or addiction........................................
Cover pages used for submitting correspondence to OED (includes 7,500 0.00 0.00
``Request for Reconsideration'' cover page)....................
Change of Address--electronic submission........................ 4,200 0.00 0.00
-----------------------------------------------
Total....................................................... 93,340 .............. 21,713.00
----------------------------------------------------------------------------------------------------------------
The USPTO estimates that the total (non-hour) respondent cost
burden for this collection in the form of recordkeeping costs, filing
fees, and postage costs is $5,710,143.
IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques or other forms of information
technology.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they will also become a matter of public record.
Dated: December 7, 2009.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. E9-29528 Filed 12-10-09; 8:45 am]
BILLING CODE 3510-16-P
