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]

Download as PDF 36782 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 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] BILLING CODE 3510–22–P PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 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: http:// 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 http://www.reginfo.gov under ‘‘Information Collection Review.’’ SUPPLEMENTARY INFORMATION: I. Abstract This collection of information is required by 35 U.S.C. 2(b)(2)(D), which permits the United States Patent and Trademark Office (USPTO) to establish regulations governing the recognition and conduct of agents, attorneys or other persons representing applicants or other parties before the USPTO. This statute also permits the USPTO to require information from applicants that shows that they are of good moral character and reputation and have the necessary qualifications to assist applicants with the patent process and to represent them before the USPTO. E:\FR\FM\30JNN1.SGM 30JNN1 36783 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 ............. mstockstill on DSK4VPTVN1PROD with NOTICES 12 ............. 13 ............. 14 ............. Totals VerDate Mar<15>2010 .......................................................................................................... 19:01 Jun 27, 2014 Jkt 232001 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. PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 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 E:\FR\FM\30JNN1.SGM 30JNN1 36784 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 ........... mstockstill on DSK4VPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\30JNN1.SGM 30JNN1 36785 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 ..................... mstockstill on DSK4VPTVN1PROD with NOTICES 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. VerDate Mar<15>2010 19:38 Jun 27, 2014 Jkt 232001 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. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 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 E:\FR\FM\30JNN1.SGM 30JNN1 36786 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). mstockstill on DSK4VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 19:01 Jun 27, 2014 Jkt 232001 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 (http://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 http://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: http:// 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]


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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: http://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 http://www.reginfo.gov under 
``Information Collection Review.''

SUPPLEMENTARY INFORMATION:

I. Abstract

    This collection of information is required by 35 U.S.C. 2(b)(2)(D), 
which permits the United States Patent and Trademark Office (USPTO) to 
establish regulations governing the recognition and conduct of agents, 
attorneys or other persons representing applicants or other parties 
before the USPTO. This statute also permits the USPTO to require 
information from applicants that shows that they are of good moral 
character and reputation and have the necessary qualifications to 
assist applicants with the patent process and to represent them before 
the USPTO.

[[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