Admission To Practice and Roster of Registered Patent Attorneys and Agents Admitted To Practice Before the United States Patent and Trademark Office (USPTO), 36782-36786 [2014-15217]
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36782
Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices
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marine mammals in the vicinity of the
vessel to assist the vessel captain in
avoiding harm to whales and other
marine mammals;
• Vessels and aircraft will avoid areas
where species that are sensitive to noise
or vessel movements are concentrated;
• Communications and conflict
resolution are detailed in the CAA. BP
will participate in the Communications
Center that is operated annually during
the bowhead subsistence hunt;
• Communications with the village of
Nuiqsut to discuss community
questions or concerns including all
subsistence hunting activities. Preproject meeting(s) with Nuiqsut
representatives will be held at agreed
times with groups in the community of
Nuiqsut. If additional meetings are
requested, they will be set up in a
similar manner;
• Contact information for BP will be
provided to community members and
distributed in a manner agreed at the
community meeting;
• BP has contracted with a liaison
from Nuiqsut who will help coordinate
meetings and serve as an additional
contact for local residents during
planning and operations; and
• Inupiat Communicators will be
employed and work on seismic source
vessels. They will also serve as PSOs.
Unmitigable Adverse Impact Analysis
and Determination
BP has adopted a spatial and temporal
strategy for its Foggy Island Bay survey
that should minimize impacts to
subsistence hunters. First, BP’s
activities will not commence until after
the spring hunts have occurred. Second,
BP will conclude all airgun and other
active sound source operations by
midnight on August 25 prior to the start
of the bowhead whale fall westward
migration and any fall subsistence hunts
by Beaufort Sea communities. Foggy
Island Bay is not commonly used for
subsistence hunts. Although some seal
hunting co-occurs temporally with BP’s
survey, the locations do not overlap.
BP’s presence will not place physical
barriers between the sealers and the
seals. Additionally, BP will work
closely with the closest affected
communities and support
Communications Centers and employ
local Inupiat Communicators. Based on
the description of the specified activity,
the measures described to minimize
adverse effects on the availability of
marine mammals for subsistence
purposes, and the required mitigation
and monitoring measures, NMFS has
determined that there will not be an
unmitigable adverse impact on
subsistence uses from BP’s activities.
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Endangered Species Act (ESA)
DEPARTMENT OF COMMERCE
Within the project area, the bowhead
whale is listed as endangered and the
ringed and bearded seals are listed as
threatened under the ESA. The NMFS
Office of Protected Resources Permits
and Conservation Division consulted
with the NMFS Alaska Regional Office
(AKRO) Protected Resources Division
(PRD) on the issuance of an IHA under
Section 101(a)(5)(D) of the MMPA
because the action of issuing the IHA
may affect threatened and endangered
species under NMFS’ jurisdiction. On
June 19, 2014, NMFS AKRO PRD issued
a Biological Opinion, which concluded
that the issuance of an IHA to BP for the
shallow geohazard survey is not likely
to jeopardize the continued existence of
the endangered bowhead whale,
threatened Arctic subspecies of ringed
seal, or the threatened Beringia distinct
population segment of bearded seal.
There is no critical habitat for any of
these species in the survey area.
United States Patent and Trademark
Office
National Environmental Policy Act
(NEPA)
NMFS prepared an EA that includes
an analysis of potential environmental
effects associated with NMFS’ issuance
of an IHA to BP to take marine
mammals incidental to conducting a
shallow geohazard survey program in
the Beaufort Sea, Alaska. NMFS has
finalized the EA and prepared a FONSI
for this action. Therefore, preparation of
an Environmental Impact Statement is
not necessary.
Authorization
As a result of these determinations,
NMFS has issued an IHA to BP for
conducting a shallow geohazard survey
in the Foggy Island Bay area of the
Beaufort Sea, Alaska, during the 2014
open-water season, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: June 25, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2014–15239 Filed 6–27–14; 8:45 am]
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Admission To Practice and Roster of
Registered Patent Attorneys and
Agents Admitted To Practice Before
the United States Patent and
Trademark Office (USPTO)
ACTION:
Notice.
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 the continuing information
collection, as required by the Paperwork
Reduction Act of 1995, Public Law 104–
13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be
submitted on or before August 29, 2014.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0012
comment’’ in the subject line of the
message.
• 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 Rulemaking Portal: https://
www.regulations.gov.
SUMMARY:
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, Mail Stop OED, P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–4097; or by email
to Dahlia.George@uspto.gov. Additional
information about this collection is also
available at https://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.
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices
The USPTO administers the statute
through 37 CFR 1.21, 10.14 and 11.5
through 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
II. Method of Collection
By mail to the USPTO when the
individual desires to participate in the
information collection except for the
Change of Address which will be
collected electronically.
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 are 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 time
for response
(minutes)
Item #
Item
1 ...............
Application for Registration to Practice Before the United States
Patent and Trademark Office (includes both the computerized
exam and the USPTO-administered exam) PTO–158.
Application for Registration to Practice Before the United States
Patent and Trademark Office (former examiners; examination
waived) 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) 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) PTO–158T.
Application for Registration in the USPTO Law School Program
for Law Students to Practice Before the United States Patent
and Trademark Office Under 37 CFR 11.14(c) (examination
waived) (Law School students only) 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–107R ....................................
Written request for reconsideration and further review of disapproval notice of application.
Cover pages used for submitting correspondence to OED (for
documents submitted with applications, requests for reconsideration, and petitions).
Change of address ..........................................................................
Petition for reinstatement after disciplinary removal under 37 CFR
11.7(h).
Practitioner’s supporting documentation for a motion to hold in
abeyance a disciplinary proceeding because of a current disability or addiction.
1 ...............
2 ...............
3 ...............
4 ...............
5 ...............
6 ...............
7 ...............
7 ...............
7 ...............
8 ...............
9 ...............
10 .............
11 .............
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12 .............
13 .............
14 .............
Totals
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Estimated Number of Respondents:
25,855 responses per year.
Estimated Time Per Response: The
USPTO estimates that it will take the
public approximately 1 minute (0.01667
hours) to 40 hours, depending upon the
respondents needs, to gather, prepare,
and submit the various documents in
this information collection.
Estimated Total Annual Respondent
Burden Hours: 34,530 hours.
Estimated Total Annual Respondent
Cost Burden: $2,603,170. 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 $389 for attorneys in
private firms, the USPTO estimates
$1,396,510 per year in respondent cost
burden associated with the remaining
items in this information collection.
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.
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Estimated
annual
responses
Rate
Estimated
annual burden
hours
30
4,420
389.00
2,210
30
100
389.00
50
30
100
389.00
50
30
25
389.00
12.5
30
60
389.00
30
420
20
10
4,420
520
1,995
39.00
389.00
389.00
30,940
173.3333
332.5
10
100
389.00
16.6667
10
100
389.00
16.6667
5
10
90
2,195
30
30
389.00
389.00
389.00
182.9166
5
45
1
7,500
389.00
125
2
2,400
4,200
4
389.00
389.00
140
160
2,400
1
389.00
40
........................
25,800
..................
34,530
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices
Estimated Total Annual Non-hour
Respondent Cost Burden: $1,538,386.14.
There are no capital start-up or
maintenance costs associated with this
information collection. There are,
however, non-hour costs due to
recordkeeping requirements, filing fees,
and postage costs.
There are recordkeeping 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 recordkeeping 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 (0.0833
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 391.6667 hours. Using the
professional rate of $389 per hour for
attorneys in private firms, the USPTO
estimates that the record keeping cost
associated with this copy requirement
will be $152,358.34 per year, for a total
recordkeeping cost of $156,748.34.
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,
or seeking reinstatement to the Register
to become active upon leaving the
USPTO. 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 $1,377,636.60.
Responses
(yr)
Filing fee
($)
Total non-hour
cost burden
($/hr)
(a)
Item
(b)
(a) (b) × (c)
ITEMS FOR WHICH FEES CURRENTLY ARE COLLECTED
1 .............
1 .............
2 .............
3 .............
4 .............
5 .............
15 ...........
6 .............
17 ...........
7 .............
7 .............
8 .............
9 .............
10 ...........
11 ...........
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12
13
13
13
...........
...........
...........
...........
14 ...........
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). PTO–158.
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). PTO–158.
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). PTO–158A.
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). PTO–158T.
Application for Registration in the USPTO Law School Program for Law Students to Practice Before the United States Patent and Trademark Office
Under 37 CFR 11.14(c) (examination waived; Law School students only).
PTO–158LS.
Registration examination fee for administration of computerized examination to
become a registered patent practitioner administered by the USPTO (USPTOadministered 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). 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.
Cover pages used for submitting correspondence to OED (for documents submitted with applications, requests for reconsideration, and petitions).
Change of address ..................................................................................................
Petition to the Director of the Office of Enrollment and Discipline under 11.12(c)
Petition for reinstatement after disciplinary removal under 37 CFR 11.7(h) ..........
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).
Practitioner’s supporting documentation for a motion to hold in abeyance a disciplinary proceeding because of a current disability or addiction.
4,420
40.00
176,800.00
100
40.00
4,000.00
100
40.00
4,000.00
25
40.00
1,000.00
60
0.61
36.60
20
450.00
9,000.00
4,400
200.00
880,000.00
520
1,995
0.00
100.00
0.00
199,500.00
100
100.00
10,000.00
100
100.00
10,000.00
2,195
30
30
0.00
100.00
130.00
0.00
3,000.00
3,900.00
7,500
0.00
0.00
4,200
20
4
35
0.00
130.00
1,600.00
1,600.00
0.00
2,600.00
6,400.00
56,000.00
1
11,400.00
11,400.00
..................................................................................................................................
25,855
........................
$1,377,636.60
Total
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices
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 may
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 $0.49 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 $4,001.20.
Responses
Postage Fee
($)
Total non-hour
cost burden
(a)
Item
(b)
(a) × (b) (c)
ITEMS FOR WHICH POSTAGE FEES CURRENTLY ARE COLLECTED
1 .......................
1 .......................
2 .......................
3 .......................
4 .......................
5 .......................
5 .......................
6 .......................
7 .......................
7 .......................
7 .......................
8 .......................
9 .......................
10 .....................
11 .....................
12 .....................
13 .....................
13 .....................
13 .....................
14 .....................
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Total .........
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). PTO–158.
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). PTO–158.
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). PTO–158A.
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). PTO–
158T.
Application for Registration in the USPTO Law School Program for Law
Students to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.14(c) (examination waived; Law School students
only). PTO–158LS.
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). 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.
Cover pages used for submitting correspondence to OED (for documents
submitted with applications, requests for reconsideration, and petitions).
Change of address ........................................................................................
Petition to the Director of the Office of Enrollment and Discipline under
11.12(c).
Petition for reinstatement after disciplinary removal under 37 CFR 11.7(h)
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).
Practitioner’s supporting documentation for a motion to hold in abeyance a
disciplinary proceeding because of a current disability or addiction.
4,420
$0.61
2,696.20
100
0.61
61.00
100
0.49
49.00
25
0.61
15.25
60
0.61
36.60
20
0.00
0.00
4,400
0.00
0.00
520
1,995
0.00
0.49
0.00
977.55
100
0.49
49.00
100
0.49
49.00
2,195
30
30
0.00
0.49
0.61
0.00
14.70
18.30
7,500
0.00
0.00
4,200
20
0.00
1.73
0.00
34.60
4
35
0.00
0.00
0.00
0.00
1
0.00
0.00
........................................................................................................................
25,855
........................
4,001.20
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 $1,538,386.14.
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IV. Request for Comments
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval. All comments will become a
matter of public record.
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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
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices
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.
Dated: June 25, 2014.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2014–15217 Filed 6–27–14; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
[Docket No.: PTO–P–2014–0036]
Request for Comments and Extension
of Comment Period on Examination
Instruction and Guidance Pertaining to
Patent-Eligible Subject Matter
United States Patent and
Trademark Office, Commerce.
ACTION: Request for comments.
AGENCY:
The United States Supreme
Court (Supreme Court) recently issued a
decision in Alice Corporation Pty. Ltd.
v. CLS Bank International (Alice Corp.),
which dealt with claims to a
computerized scheme for mitigating
settlement risk. The Supreme Court held
in a unanimous decision that the
claimed subject matter was not patenteligible because it was drawn to the
abstract idea of intermediated
settlement implemented on a generic
computer. The United States Patent and
Trademark Office (USPTO) has issued
preliminary instructions on Alice Corp.
to the patent examining corps and these
preliminary instructions have been
posted on the USPTO’s Internet Web
site. The USPTO is inviting public
comment on the Alice Corp. preliminary
instructions. The USPTO is also
extending the period for public
comment on the Examination Guidance
For Determining Subject Matter
Eligibility Of Claims Reciting Or
Involving Laws of Nature, Natural
Phenomena, and Natural Products
(Laws of Nature/Natural Products
Guidance).
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SUMMARY:
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Written comments on the Alice
Corp. preliminary instructions and/or
on the Laws of Nature/Natural Products
Guidance must be received on or before
July 31, 2014.
ADDRESSES: Comments on the Alice
Corp. preliminary instructions may be
sent by electronic mail message over the
Internet addressed to: alice_2014@
uspto.gov.
Comments on the Laws of Nature/
Natural Products Guidance may be sent
by electronic mail message over the
Internet addressed to: myriad-mayo_
2014@uspto.gov.
Comments that apply to both the
Alice Corp. preliminary instructions and
the Laws of Nature/Natural Products
Guidance may be sent by electronic mail
message over the Internet addressed to
either: myriad-mayo_2014@uspto.gov,
or alice_2014@uspto.gov.
Electronic comments submitted in
plain text are preferred, but also may be
submitted in ADOBE® portable
document format or MICROSOFT
WORD® format. Comments not
submitted electronically should be
submitted on paper in a format that
facilitates convenient digital scanning
into ADOBE® portable document
format. The comments will be available
for viewing via the Office’s Internet Web
site (https://www.uspto.gov). 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.
FOR FURTHER INFORMATION CONTACT: Raul
Tamayo, Senior Legal Advisor, Office of
Patent Legal Administration, by
telephone at 571–272–7728, or Caroline
D. Dennison, Senior Legal Advisor,
Office of Patent Legal Administration,
by telephone at 571–272–7729.
SUPPLEMENTARY INFORMATION: The
Supreme Court recently issued a
decision in Alice Corp. (Alice
Corporation Pty. Ltd. v. CLS Bank
International, 573 U.S.ll(2014)),
which dealt with claims to a
computerized scheme for mitigating
settlement risk. The Supreme Court held
in a unanimous decision that the
claimed subject matter in question was
not patent-eligible because it was drawn
to the abstract idea of intermediated
settlement implemented on a generic
computer. The United States Patent and
Trademark Office (USPTO) has issued
preliminary instructions to the patent
examining corps and these preliminary
instructions are available on the
USPTO’s Internet Web site (patent
examining corps guidance and
instructions can be found at:
DATES:
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
https://www.uspto.gov/patents/law/
exam/examguide.jsp). The USPTO is
inviting public comment on the Alice
Corp. preliminary instructions before
providing more comprehensive
guidance to the patent examining corps.
Written comments on the Alice Corp.
preliminary instructions must be
received on or before July 31, 2014.
The USPTO is also extending the
period for public comment on the Laws
of Nature/Natural Products Guidance.
The USPTO published the Laws of
Nature/Natural Products Guidance on
its Internet Web site (as discussed
previously, examining corps guidance
and instructions can be found at: https://
www.uspto.gov/patents/law/exam/
examguide.jsp). The USPTO also
published an announcement on its
Internet Web site that it was hosting a
public forum (conducted on May 9,
2014) and providing until June 30, 2014,
for public comment on the Laws of
Nature/Natural Products Guidance. See
Notice of Forum on the Guidance For
Determining Subject Matter Eligibility of
Claims Reciting or Involving Laws of
nature, Natural Phenomena, and
Natural Products, 79 FR 21736 (Apr. 17,
2014).
The USPTO has received several
requests from our stakeholders for
additional time to submit comments on
the Laws of Nature/Natural Products
Guidance. In addition, the Supreme
Court in Alice Corp. applied its
framework from Mayo Collaborative
Services v. Prometheus Laboratories,
Inc., 566 U.S.ll(2012), in determining
whether the claims in Alice Corp. were
directed to a patent-ineligible abstract
idea. For these reasons, the USPTO is
extending the period for public
comment on the Laws of Nature/Natural
Products Guidance until July 31, 2014.
Dated: June 25, 2014.
Margaret A. Focarino,
Commissioner for Patents.
[FR Doc. 2014–15352 Filed 6–27–14; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID DoD–2012–OS–0137]
Proposed Collection; Comment
Request
United States Transportation
Command, DoD.
ACTION: Notice.
AGENCY:
In compliance with Section
3506(c)(2)(A) of the Paperwork
Reduction Act of 1995, the United States
SUMMARY:
E:\FR\FM\30JNN1.SGM
30JNN1
]]>Agencies
[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Notices]
[Pages 36782-36786]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15217]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Admission To Practice and Roster of Registered Patent Attorneys
and Agents Admitted To Practice Before the United States Patent and
Trademark Office (USPTO)
ACTION: Notice.
-----------------------------------------------------------------------
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 the continuing information collection, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44
U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before August 29, 2014.
ADDRESSES: You may submit comments by any of the following methods:
Email: InformationCollection@uspto.gov. Include ``0651-
0012 comment'' in the subject line of the message.
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 Rulemaking Portal: https://www.regulations.gov.
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, Mail Stop OED,
P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-4097;
or by email to Dahlia.George@uspto.gov. Additional information about
this collection is also available at https://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.
[[Page 36783]]
The USPTO administers the statute through 37 CFR 1.21, 10.14 and
11.5 through 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.
II. Method of Collection
By mail to the USPTO when the individual desires to participate in
the information collection except for the Change of Address which will
be collected electronically.
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 are 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: 25,855 responses per year.
Estimated Time Per Response: The USPTO estimates that it will take
the public approximately 1 minute (0.01667 hours) to 40 hours,
depending upon the respondents needs, to gather, prepare, and submit
the various documents in this information collection.
Estimated Total Annual Respondent Burden Hours: 34,530 hours.
Estimated Total Annual Respondent Cost Burden: $2,603,170. 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 $389 for attorneys in private firms, the USPTO estimates
$1,396,510 per year in respondent cost burden associated with the
remaining items in this information collection.
----------------------------------------------------------------------------------------------------------------
Estimated time Estimated Estimated
Item Item for response annual Rate annual burden
(minutes) responses hours
----------------------------------------------------------------------------------------------------------------
1..................... Application for Registration 30 4,420 389.00 2,210
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 Registration 30 100 389.00 50
to Practice Before the
United States Patent and
Trademark Office (former
examiners; examination
waived) PTO-158.
2..................... Application for Registration 30 100 389.00 50
to Practice Before the
United States Patent and
Trademark Office Under 37
CFR 11.6(c) by a Foreign
Resident (examination
waived) PTO-158A.
3..................... Application for Reciprocal 30 25 389.00 12.5
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.
4..................... Application for Registration 30 60 389.00 30
in the USPTO Law School
Program for Law Students to
Practice Before the United
States Patent and Trademark
Office Under 37 CFR
11.14(c) (examination
waived) (Law School
students only) PTO-158LS.
5..................... Registration Examination to 420 4,420 39.00 30,940
Become a Registered
Practitioner.
6..................... Undertaking under 37 CFR 20 520 389.00 173.3333
11.10(b) PTO-275.
7..................... Data Sheet--Register of 10 1,995 389.00 332.5
Patent Attorneys and Agents
(individuals passing the
registration exam) PTO-107A.
7..................... Data Sheet--Register of 10 100 389.00 16.6667
Patent Attorneys and Agents
(foreign applicants) PTO-
107A.
7..................... Data Sheet--Register of 10 100 389.00 16.6667
Patent Attorneys and Agents
(former examiners seeking
registration) PTO-107A.
8..................... Oath or Affirmation. PTO- 5 2,195 389.00 182.9166
1209.
9..................... Reinstatement to the 10 30 389.00 5
Register. PTO-107R.
10.................... Written request for 90 30 389.00 45
reconsideration and further
review of disapproval
notice of application.
11.................... Cover pages used for 1 7,500 389.00 125
submitting correspondence
to OED (for documents
submitted with
applications, requests for
reconsideration, and
petitions).
12.................... Change of address........... 2 4,200 389.00 140
13.................... Petition for reinstatement 2,400 4 389.00 160
after disciplinary removal
under 37 CFR 11.7(h).
14.................... Practitioner's supporting 2,400 1 389.00 40
documentation for a motion
to hold in abeyance a
disciplinary proceeding
because of a current
disability or addiction.
-----------------------------------------------------------
Totals............ ............................ .............. 25,800 .......... 34,530
----------------------------------------------------------------------------------------------------------------
[[Page 36784]]
Estimated Total Annual Non-hour Respondent Cost Burden:
$1,538,386.14. There are no capital start-up or maintenance costs
associated with this information collection. There are, however, non-
hour costs due to recordkeeping requirements, filing fees, and postage
costs.
There are recordkeeping 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 recordkeeping 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 (0.0833 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 391.6667 hours. Using
the professional rate of $389 per hour for attorneys in private firms,
the USPTO estimates that the record keeping cost associated with this
copy requirement will be $152,358.34 per year, for a total
recordkeeping cost of $156,748.34.
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, or seeking reinstatement to the
Register to become active upon leaving the USPTO. 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 $1,377,636.60.
----------------------------------------------------------------------------------------------------------------
Total non-hour
Item Responses (yr) Filing fee ($) cost burden
($/hr)
................................... (a) (b) (a) (b) x (c)
----------------------------------------------------------------------------------------------------------------
ITEMS FOR WHICH FEES CURRENTLY ARE COLLECTED
----------------------------------------------------------------------------------------------------------------
1.......................... Non-Refundable Application Fee for 4,420 40.00 176,800.00
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 Fee for Registration to 100 40.00 4,000.00
Practice Before the United States
Patent and Trademark Office, as
applicable when used for
registration fees only (former
examiners; examination waived).
PTO-158.
2.......................... Application Fee for Registration to 100 40.00 4,000.00
Practice Before the United States
Patent and Trademark Office, as
applicable when used for
registration fees only (former
examiners; examination waived).
PTO-158A.
3.......................... Application Fee for Reciprocal 25 40.00 1,000.00
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). PTO-158T.
4.......................... Application for Registration in the 60 0.61 36.60
USPTO Law School Program for Law
Students to Practice Before the
United States Patent and Trademark
Office Under 37 CFR 11.14(c)
(examination waived; Law School
students only). PTO-158LS.
5.......................... Registration examination fee for 20 450.00 9,000.00
administration of computerized
examination to become a registered
patent practitioner administered
by the USPTO (USPTO-administered
exam).
15......................... Registration examination fee for 4,400 200.00 880,000.00
administration of computerized
examination to become a registered
patent practitioner administered
by a commercial entity (computer
exam).
6.......................... Undertaking under 37 CFR 11.10(b). 520 0.00 0.00
PTO-275.
17......................... Data Sheet--Register of Patent 1,995 100.00 199,500.00
Attorneys and Agents (individuals
passing the registration exam).
PTO-107A.
7.......................... Data Sheet--Register of Patent 100 100.00 10,000.00
Attorneys and Agents (foreign
applicants). PTO-107A.
7.......................... Data Sheet--Register of Patent 100 100.00 10,000.00
Attorneys and Agents (former
examiners seeking registration).
PTO-107A.
8.......................... Oath or Affirmation. PTO-1209...... 2,195 0.00 0.00
9.......................... Reinstatement to the Register. PTO- 30 100.00 3,000.00
107A.
10......................... Written request for reconsideration 30 130.00 3,900.00
and further review of disapproval
notice of application.
11......................... Cover pages used for submitting 7,500 0.00 0.00
correspondence to OED (for
documents submitted with
applications, requests for
reconsideration, and petitions).
12......................... Change of address.................. 4,200 0.00 0.00
13......................... Petition to the Director of the 20 130.00 2,600.00
Office of Enrollment and
Discipline under 11.12(c).
13......................... Petition for reinstatement after 4 1,600.00 6,400.00
disciplinary removal under 37 CFR
11.7(h).
13......................... Non-Refundable Application Fee for 35 1,600.00 56,000.00
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).
14......................... Practitioner's supporting 1 11,400.00 11,400.00
documentation for a motion to hold
in abeyance a disciplinary
proceeding because of a current
disability or addiction.
-----------------------------------------------
Total.................. ................................... 25,855 .............. $1,377,636.60
----------------------------------------------------------------------------------------------------------------
[[Page 36785]]
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 may 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 $0.49 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 $4,001.20.
----------------------------------------------------------------------------------------------------------------
Postage Fee Total non-hour
Item Responses ($) cost burden
................................ (a) (b) (a) x (b) (c)
----------------------------------------------------------------------------------------------------------------
ITEMS FOR WHICH POSTAGE FEES CURRENTLY ARE COLLECTED
----------------------------------------------------------------------------------------------------------------
1............................. Non-Refundable Application Fee 4,420 $0.61 2,696.20
for 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 Fee for Registration 100 0.61 61.00
to Practice Before the United
States Patent and Trademark
Office, as applicable when used
for registration fees only
(former examiners; examination
waived). PTO-158.
2............................. Application Fee for Registration 100 0.49 49.00
to Practice Before the United
States Patent and Trademark
Office, as applicable when used
for registration fees only
(former examiners; examination
waived). PTO-158A.
3............................. Application Fee for Reciprocal 25 0.61 15.25
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). PTO-
158T.
4............................. Application for Registration in 60 0.61 36.60
the USPTO Law School Program
for Law Students to Practice
Before the United States Patent
and Trademark Office Under 37
CFR 11.14(c) (examination
waived; Law School students
only). PTO-158LS.
5............................. Registration examination fee for 20 0.00 0.00
administration of computerized
examination to become a
registered patent practitioner
administered by the USPTO
(USPTO-administered exam).
5............................. Registration examination fee for 4,400 0.00 0.00
administration of computerized
examination to become a
registered patent practitioner
administered by a commercial
entity (computer exam).
6............................. Undertaking under 37 CFR 520 0.00 0.00
11.10(b). PTO-275.
7............................. Data Sheet--Register of Patent 1,995 0.49 977.55
Attorneys and Agents
(individuals passing the
registration exam). PTO-107A.
7............................. Data Sheet--Register of Patent 100 0.49 49.00
Attorneys and Agents (foreign
applicants). PTO-107A.
7............................. Data Sheet--Register of Patent 100 0.49 49.00
Attorneys and Agents (former
examiners seeking
registration). PTO-107A.
8............................. Oath or Affirmation. PTO-1209... 2,195 0.00 0.00
9............................. Reinstatement to the Register. 30 0.49 14.70
PTO-107A.
10............................ Written request for 30 0.61 18.30
reconsideration and further
review of disapproval notice of
application.
11............................ Cover pages used for submitting 7,500 0.00 0.00
correspondence to OED (for
documents submitted with
applications, requests for
reconsideration, and petitions).
12............................ Change of address............... 4,200 0.00 0.00
13............................ Petition to the Director of the 20 1.73 34.60
Office of Enrollment and
Discipline under 11.12(c).
13............................ Petition for reinstatement after 4 0.00 0.00
disciplinary removal under 37
CFR 11.7(h).
13............................ Non-Refundable Application Fee 35 0.00 0.00
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).
14............................ Practitioner's supporting 1 0.00 0.00
documentation for a motion to
hold in abeyance a disciplinary
proceeding because of a current
disability or addiction.
-----------------------------------------------
Total..................... ................................ 25,855 .............. 4,001.20
----------------------------------------------------------------------------------------------------------------
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 $1,538,386.14.
IV. Request for Comments
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval. All comments will
become a matter of public record.
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
[[Page 36786]]
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.
Dated: June 25, 2014.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2014-15217 Filed 6-27-14; 8:45 am]
BILLING CODE 3510-16-P
