Admission To Practice and Roster of Registered Patent Attorneys and Agents Admitted To Practice Before the United States Patent and Trademark Office (USPTO), 48492-48496 [2017-22617]
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48492
Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
Office, P.O. Box 1450, Alexandria, VA
22313–1450; by telephone at 571–272–
4097; or by email to Dahlia.George@
uspto.gov with ‘‘0651–0012 comment’’
in the subject line. Additional
information about this collection is also
available at https://www.reginfo.gov
under ‘‘Information Collection Review.’’
SUPPLEMENTARY INFORMATION:
5167, marked to the attention of
Nicholas A. Fraser.
Marcie Lovett,
Records Management Division Director,
USPTO, Office of the Chief Information
Officer.
[FR Doc. 2017–22619 Filed 10–17–17; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
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:
Proposed collection; comment
request.
The United States Patent and
Trademark Office (USPTO), as required
by the Paperwork Reduction Act of
1995, invites comments on a proposed
information collection proposed
extension of an existing information
collection.
SUMMARY:
Written comments must be
submitted on or before December 18,
2017.
DATES:
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.
• Federal Rulemaking Portal: https://
www.regulations.gov.
• Mail: Marcie Lovett, Records and
Information Governance Division
Director, Office of the Chief Technology
Officer, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Dahlia George,
Office of Enrollment and Discipline,
United States Patent and Trademark
ADDRESSES:
remain on, the Register of Patent
Attorneys and Agents.
I. Abstract
This collection of information is
required by 35 U.S.C. 2(b)(2)(D), which
permits the United States Patent and
Trademark Office (USPTO) to establish
regulations governing the recognition
and conduct of agents, attorneys or
other persons representing applicants or
other parties before the USPTO. This
statute also permits the USPTO to
require information from applicants that
shows that they are of good moral
character and reputation and have the
necessary qualifications to assist
applicants with the patent process and
to represent them before the USPTO.
The USPTO administers the statute
through 37 CFR 1.21, 10.14 and 11.5
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
III. Data
II. Method of Collection
Individuals desiring to participate in
the Register of Patent Attorneys may
submit material in electronic form or by
mail following guidance provided by
the Office of Enrollment and Discipline.
OMB Number: 0651–0012.
IC Instruments and Forms: PTO–158,
PTO–158A, PTO–158T, PTO–107A,
PTO–107R, PTO–107S, PTO–275, PTO–
1209, PTO–2126, PTO–2149 and PTO–
2150.
Type of Review: Extension of a
Previously Existing Information
Collection.
Affected Public: Individuals.
Estimated Number of Annual
Respondents: 18,458. Estimates for
numbers of annual responses are based
on the previously received number of
responses and the anticipated
participation trends over the next three
years.
Estimated Time per Response: The
USPTO estimates that it takes the public
approximately 1 minute (0.01 hours) to
40 hours to complete this information,
depending upon the application (see
Table 1 below). This includes the time
to gather the necessary information,
prepare the forms, and submit the items
to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 18,559.39 hours.
Estimated Total Annual Respondent
(Hourly) Cost Burden: $8,090,661.34.
The USPTO expects that attorneys will
complete the items in this collection.
The professional hourly rate for
attorneys is $438. The rate is established
by estimates in the 2017 Report for the
Economic Survey of the American
Intellectual Property Law Association.
Using this hourly rate, the USPTO
estimates that the total respondent cost
burden for this collection is
$8,090,661.34 per year.
TABLE 1—RESPONDENT COSTS
Item
ethrower on DSK3G9T082PROD with NOTICES
1 .............
VerDate Sep<11>2014
Hours
Responses
(yr)
Burden
(hrs/yr)
Rate
($/hr)
(a)
IC No.
(b)
(c) = (a) × (b)
(d)
(e) = (c) × (d)
Application for Registration to Practice Before
the United States Patent and Trademark
Office (includes both the computerized
exam and the USPTO-administered exam)
Form PTO–158.
19:03 Oct 17, 2017
Estimated
respondent
cost
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2,611
1,305.50
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$438
$571,809.00
48493
Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
TABLE 1—RESPONDENT COSTS—Continued
Estimated
respondent
cost
Item
1 .............
Hours
Responses
(yr)
Burden
(hrs/yr)
Rate
($/hr)
(a)
IC No.
(b)
(c) = (a) × (b)
(d)
(e) = (c) × (d)
11 ...........
Application for Registration to Practice Before
the United States Patent and Trademark
Office (former examiners; examination
waived) Form PTO–158.
Application for Registration to Practice Before
the United States Patent and Trademark
Office Under 37 CFR 11.6(c) by a Foreign
Resident (examination waived) Form PTO–
158A.
Application for Reciprocal Recognition to
Practice in Trademark Matters Before the
United States Patent and Trademark Office
Under 37 CFR 11.14(c) by a Foreign Attorney or Agent (examination waived) Form
PTO–158T.
Mandatory Survey—Register of Patent Attorneys and Agents PTO–107S.
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–107R.
Oath or Affirmation PTO–1209 .......................
Reinstatement to the Register PTO–107A,
PTO–107R.
Written request for reconsideration and further review of disapproval notice of application.
Petition to the Director of the Office of Enrollment and Discipline under 11.2(c).
Cover pages used for submitting correspondence to OED (for documents submitted
with applications, requests for reconsideration, and petitions).
Reasonable Accommodation PTO 158R ........
Totals
.........................................................................
2 .............
3 .............
4 .............
5 .............
6 .............
7 .............
7 .............
7 .............
8 .............
9a ...........
9b ...........
9c ............
ethrower on DSK3G9T082PROD with NOTICES
10 ...........
Estimated Total Annual (Non-hour)
Respondent Cost Burden: Estimated
Total Annual Non-hour Respondent
Cost Burden: $1,546,909.00. There are
no capital start-up or maintenance costs
associated with this information
collection. There are, however, nonhour costs due to recordkeeping
requirements, filing fees, and postage
costs.
The General Requirements Bulletin
recommends that ‘‘applicants should
make and keep a copy of every
document submitted to the office in
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19:03 Oct 17, 2017
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0.50
19
9.50
438
4,161.00
0.50
10
5.00
438
2,190.00
0.50
3
1.50
438
657.00
0.50
5,000
2,500
438
1,095,000.00
7.00
1,982
13,874
438
6,076,812.00
0.33
0.17
159
916
53
152.67
438
438
23,214.00
68,868.00
0.17
100
16.67
438
7,300.00
0.17
100
16.67
438
7,300.00
0.08
0.01
1,116
53
93
0.88
438
438
40,734.00
386.90
1.50
30
45
438
19,710.00
0.75
20
15
438
6,570.00
0.05
6,300
315
438
137,970.00
4.0
39
156
438
68,328.00
........................
18,458
18,559.39
........................
8,090,661.34
connection with an application for
registration.’’ The USPTO estimates that
it will take an applicant approximately
5 minutes (0.08 hours) to print and
retain a copy of the submissions and
that approximately 5,176 responses will
be made per year, for a total of 413
hours. Using the professional rate of
$438 per hour for intellectual property
attorneys, the USPTO estimates that the
record keeping cost associated with this
copy requirement will be $181,752 per
year.
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An additional cost comes from the
requirement for an Oath statement for
each member of the patent bar; an item
which requires the services of a notary
public. The average fee for having a
document notarized is $6. The USPTO
estimates that it will receive 1,116
responses to this information collection
per year as a result of this notary
requirement, for a total cost of $6,696.00
per year, for a total recordkeeping cost
of $195,620.00.
E:\FR\FM\18OCN1.SGM
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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
TABLE 2—RECORDKEEPING COSTS
1 .............
2 .............
3 .............
6 .............
7 .............
8 .............
8 .............
9a ...........
Hours
Item
Application for Registration to Practice Before
the United States Patent and Trademark
Office (includes both the computerized
exam and the USPTO-administered exam)
Form PTO–158.
Application for Registration to Practice Before
the United States Patent and Trademark
Office Under 37 CFR 11.6(c) by a Foreign
Resident (examination waived) Form PTO–
158A.
Application for Reciprocal Recognition to
Practice in Trademark Matters Before the
United States Patent and Trademark Office
Under 37 CFR 11.14(c) by a Foreign Attorney or Agent (examination waived) Form
PTO–158T.
Undertaking under 37 CFR 11.10(b) PTO/275
Data Sheet—Register of Patent Attorneys
and Agents (individuals passing the registration exam) PTO–107A.
Oath or Affirmation PTO–1209 .......................
Oath or Affirmation Cost of Notary Public ......
Responses
(yr)
Burden
(hrs/yr)
Rate
($/hr)
Estimated
respondent
cost
(a)
IC No.
(b)
(c) = (a) × (b)
(d)
(e) = (c) × (d)
0.08
2,630
219.17
$438.00
$95,995.00
0.08
10
0.83
438.00
365.00
0.08
3
0.25
438.00
109.50
0.08
0.08
159
1,116
13.25
93.00
438.00
438.00
5,803.50
40,734.00
0.08
........................
1,116
1,116
93.00
........................
40,734.00
6,696.00
0.08
53
4.42
438.00
6 Cost of
notary public
438.00
0.08
30
2.50
438.00
1,095.00
0.08
20
1.67
438.00
730.00
11 ...........
Reinstatement to the Register PTO–107A,
PTO–107R.
Written request for reconsideration and further review of disapproval notice of application.
Petition to the Director of the Office of Enrollment and Discipline under 11.2(c).
Reasonable Accommodation PTO 158R ........
0.08
39
3.25
438.00
1,423.50
Totals
.........................................................................
........................
6,292
431.33
........................
195,620.00
9b ...........
9c ............
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
1,934.50
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 $776,920.00.
TABLE 3—FILING FEES
1 ..............
1 ..............
ethrower on DSK3G9T082PROD with NOTICES
2 ..............
3 ..............
5 ..............
5 ..............
VerDate Sep<11>2014
Responses
(yr)
Item
Filing Fee
($)
Total non-hour
cost burden
($/hr)
(a)
IC No.
(b)
(c)=(a) × (b)
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).
Application Fee for Registration to Practice Before the United States Patent and
Trademark Office, as applicable when used for registration fees only (former
examiners; examination waived).
Application for Registration to Practice Before the United States Patent and
Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident (examination
waived) Form 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).
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).
19:03 Oct 17, 2017
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2,611
$40.00
$104,400.00
19
40.00
760.00
10
40.00
400.00
3
40.00
120.00
20
450.00
9,000.00
2,382
200.00
476,400.00
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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
TABLE 3—FILING FEES—Continued
7 ..............
7 ..............
7 ..............
9a ............
9b ............
9c ............
9d ............
9f .............
Totals
Responses
(yr)
Item
Filing Fee
($)
Total non-hour
cost burden
($/hr)
(a)
IC No.
(b)
(c)=(a) × (b)
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–107R.
Reinstatement to the Register PTO–107A, PTO–107R .........................................
Written request for reconsideration and further review of disapproval notice of
application.
Petition to the Director of the Office of Enrollment and Discipline under 11.2(c) ..
Petition for reinstatement after disciplinary removal under 37 CFR 11.60 ............
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).
916
100.00
91,600.00
100
100.00
10,000.00
100
100.00
10,000.00
53
30
100.00
130.00
5,300.00
3,900.00
20
4
35
130.00
1,600.00
1,600.00
2,600.00
6,400.00
56,000.00
.................................................................................................................................
6,303
—
776,920.00
Postage costs are also associated with
this collection. Estimates for postage
range from $0.49 to $1.73 per mailed
submission, depending upon the item
sent. The postage costs estimated at
$2,260.53 for this collection and are
outlined in the table below.
TABLE 4—POSTAGE COSTS
1 ..............
Responses
Item
Postage fee
($)
Total non-hour
cost burden
(a)
IC No.
(b)
(a) × (b) = c
2,611
$0.61
$1,592.71
19
0.61
11.59
10
0.49
4.90
3
0.61
1.83
916
0.49
448.84
100
0.49
49.00
100
0.49
49.00
53
30
0.49
0.61
25.97
18.30
9c ............
11 ............
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).
Application Fee for Registration to Practice Before the United States Patent and
Trademark Office, as applicable when used for registration fees only (former
examiners; examination waived).
Application for Registration to Practice Before the United States Patent and
Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident (examination
waived) Form 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).
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.
Reinstatement to the Register PTO–107A, PTO–107R .........................................
Written request for reconsideration and further review of disapproval notice of
application.
Petition to the Director of the Office of Enrollment and Discipline under 11.2(c) ..
Reasonable Accommodation PTO 158R ...............................................................
20
39
1.73
0.61
34.60
23.79
Totals
.................................................................................................................................
3,901
........................
2,260.53
1 ..............
2 ..............
3 ..............
7 ..............
7 ..............
7 ..............
ethrower on DSK3G9T082PROD with NOTICES
9a ............
9b ............
Therefore, the USPTO estimates that
the total annual (non-hour) cost burden
for this collection, in the form of filing
fees and postage is $779,180.53 per year.
IV. Request for Comments
Comments submitted in response to
this notice will be summarized or
included in the request for OMB
VerDate Sep<11>2014
19:03 Oct 17, 2017
Jkt 244001
approval of this information collection;
they also will become a matter of public
record.
Comments are invited on:
(a) Whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
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(b) The accuracy of the agency’s
estimate of the burden (including hours
and cost) of the proposed collection of
information;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(d) Ways to minimize the burden of
the collection of information on
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Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices
respondents, e.g., the use of automated
collection techniques or other forms of
information technology.
Marcie Lovett,
Records and Information Governance
Division Director, OCTO United States Patent
and Trademark Office.
[FR Doc. 2017–22617 Filed 10–17–17; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
ethrower on DSK3G9T082PROD with NOTICES
Submission for OMB Review;
Comment Request; Substantive
Submissions Made During the
Prosecution of the Trademark
Application
The United States Patent and
Trademark Office (USTPO) will submit
to the Office of Management and Budget
(OMB) for clearance the following
proposal for collection of information
under the provisions of the Paperwork
Reduction Act (44 U.S.C. Chapter 35).
Agency: United States Patent and
Trademark Office, Commerce.
Title: Substantive Submissions Made
During the Prosecution of the
Trademark Application.
OMB Control Number: 0651–0054.
Form Number(s):
• PTO 1553
• PTO 1581
• PTO 2194
• PTO 2195
• PTO 2200
• PTO 2202
Type of Request: Revision of a
currently approved collection.
Number of Annual Respondents:
374,972 responses.
Average Hours per Response: The
USPTO expects that it will take the
public approximately 10 to 35 minutes
(0.17 to 0.58 hours) to gather the
necessary information, create the
document, and submit the completed
request, depending upon the type of
request and the method of submission
(electronic or paper).
Burden Hours: 101,400.37 hours
annually.
Cost Burden: $42,650,873.51.
Needs and Uses: This collection of
information is required by the
Trademark Act, 15 U.S.C. 1051 et seq.,
which provides for the Federal
registration of trademarks, service
marks, collective trademarks and service
marks, collective membership marks,
and certification marks. Individuals and
businesses that use or intend to use
such marks in commerce may file an
application to register their marks with
the USPTO. Such individuals and
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17:50 Oct 17, 2017
Jkt 244001
businesses may also submit various
communications to the USPTO,
including providing additional
information needed to process a request
to delete a particular filing basis from an
application or to divide an application
identifying multiple goods and/or
services into two or more separate
applications. Applicants may seek a sixmonth extension of time to file a
statement that the mark is in use in
commerce or submit a petition to revive
an application that abandoned for
failure to submit a timely response to an
Office action or a timely statement of
use or extension request. In some
circumstances, an applicant may
expressly abandon an application by
filing a written request for withdrawal
of the application. The rules
implementing the Trademark Act are set
forth in 37 CFR part 2. The forms in this
collection are available in electronic
format through the Trademark
Electronic Application System (TEAS).
The information in this collection is
a matter of public record and is used by
the public for a variety of private
business purposes related to
establishing and enforcing trademark
rights. The information is available at
USPTO facilities and can also be
accessed at the USPTO Web site.
Affected Public: Businesses or other
for-profits; not-for-profit institutions;
individuals.
Frequency: On occasion.
Respondent’s Obligation: Required to
Obtain or Retain Benefits.
OMB Desk Officer: Nicholas A. Fraser,
email: Nicholas_A._Fraser@
omb.eop.gov.
Once submitted, the request will be
publicly available in electronic format
through reginfo.gov. Follow the
instructions to view Department of
Commerce collections currently under
review by OMB.
Further information can be obtained
by:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0054 copy
request’’ in the subject line of the
message.
• Mail: Marcie Lovett, Records and
Information Governance Division
Director, Office of the Chief Technology
Officer, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
Written comments and
recommendations for the proposed
information collection should be sent on
or before November 17, 2017 to
Nicholas A. Fraser, OMB Desk Officer,
via email to Nicholas_A._Fraser@
omb.eop.gov, or by fax to 202–395–
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5167, marked to the attention of
Nicholas A. Fraser.
Marcie Lovett,
Records and Information Governance
Division Director, OCTO, United States Patent
and Trademark Office.
[FR Doc. 2017–22620 Filed 10–17–17; 8:45 am]
BILLING CODE 3510–16–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities Under OMB Review
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act (‘‘PRA’’), this
notice announces that the Information
Collection Request (‘‘ICR’’) abstracted
below has been forwarded to the Office
of Management and Budget (‘‘OMB’’) for
review and comment. The ICR describes
the nature of the information collection
and its expected costs and burden.
DATES: Comments must be submitted on
or before November 17, 2017.
ADDRESSES: Comments regarding the
burden estimate or any other aspect of
the information collection, including
suggestions for reducing the burden,
may be submitted directly to the Office
of Information and Regulatory Affairs
(‘‘OIRA’’) in OMB within 30 days of this
notice’s publication by either of the
following methods. Please identify the
comments by ‘‘OMB Control No. 3038–
0059.’’
• By email addressed to:
OIRAsubmissions@omb.eop.gov; or
• By mail addressed to: the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
Attention Desk Officer for the
Commodity Futures Trading
Commission, 725 17th Street NW.,
Washington, DC 20503.
A copy of all comments submitted to
OIRA should be sent to the Commodity
Futures Trading Commission (‘‘CFTC’’
or ‘‘Commission’’) by either of the
following methods. The copies should
refer to ‘‘OMB Control No. 3038–0059.’’
• By submission through the
Commission’s Web site: https://
comments.cftc.gov. Please follow the
instructions for submitting comments
through the Web site;
• By mail addressed to: Christopher
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Commission, Commodity Futures
Trading Commission, Three Lafayette
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Washington, DC 20581; or
SUMMARY:
E:\FR\FM\18OCN1.SGM
18OCN1
]]>Agencies
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48492-48496]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-22617]
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DEPARTMENT OF COMMERCE
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: Proposed collection; comment request.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as
required by the Paperwork Reduction Act of 1995, invites comments on a
proposed information collection proposed extension of an existing
information collection.
DATES: Written comments must be submitted on or before December 18,
2017.
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.
Federal Rulemaking Portal: https://www.regulations.gov.
Mail: Marcie Lovett, Records and Information Governance
Division Director, Office of the Chief Technology Officer, United
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA
22313-1450.
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, P.O. Box 1450,
Alexandria, VA 22313-1450; by telephone at 571-272-4097; or by email to
Dahlia.George@uspto.gov with ``0651-0012 comment'' in the subject line.
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.
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
Individuals desiring to participate in the Register of Patent
Attorneys may submit material in electronic form or by mail following
guidance provided by the Office of Enrollment and Discipline.
III. Data
OMB Number: 0651-0012.
IC Instruments and Forms: PTO-158, PTO-158A, PTO-158T, PTO-107A,
PTO-107R, PTO-107S, PTO-275, PTO-1209, PTO-2126, PTO-2149 and PTO-2150.
Type of Review: Extension of a Previously Existing Information
Collection.
Affected Public: Individuals.
Estimated Number of Annual Respondents: 18,458. Estimates for
numbers of annual responses are based on the previously received number
of responses and the anticipated participation trends over the next
three years.
Estimated Time per Response: The USPTO estimates that it takes the
public approximately 1 minute (0.01 hours) to 40 hours to complete this
information, depending upon the application (see Table 1 below). This
includes the time to gather the necessary information, prepare the
forms, and submit the items to the USPTO.
Estimated Total Annual Respondent Burden Hours: 18,559.39 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden:
$8,090,661.34. The USPTO expects that attorneys will complete the items
in this collection. The professional hourly rate for attorneys is $438.
The rate is established by estimates in the 2017 Report for the
Economic Survey of the American Intellectual Property Law Association.
Using this hourly rate, the USPTO estimates that the total respondent
cost burden for this collection is $8,090,661.34 per year.
Table 1--Respondent Costs
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Estimated
IC No. Item Hours Responses (yr) Burden (hrs/ Rate ($/hr) respondent
yr) cost
(a).................................... (b) (c) = (a) x (d) (e) = (c) x
(b) (d)
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1.............................. Application for Registration to 0.50 2,611 1,305.50 $438 $571,809.00
Practice Before the United States
Patent and Trademark Office (includes
both the computerized exam and the
USPTO-administered exam) Form PTO-158.
[[Page 48493]]
1.............................. Application for Registration to 0.50 19 9.50 438 4,161.00
Practice Before the United States
Patent and Trademark Office (former
examiners; examination waived) Form
PTO-158.
2.............................. Application for Registration to 0.50 10 5.00 438 2,190.00
Practice Before the United States
Patent and Trademark Office Under 37
CFR 11.6(c) by a Foreign Resident
(examination waived) Form PTO-158A.
3.............................. Application for Reciprocal Recognition 0.50 3 1.50 438 657.00
to Practice in Trademark Matters
Before the United States Patent and
Trademark Office Under 37 CFR 11.14(c)
by a Foreign Attorney or Agent
(examination waived) Form PTO-158T.
4.............................. Mandatory Survey--Register of Patent 0.50 5,000 2,500 438 1,095,000.00
Attorneys and Agents PTO-107S.
5.............................. Registration Examination to Become a 7.00 1,982 13,874 438 6,076,812.00
Registered Practitioner.
6.............................. Undertaking under 37 CFR 11.10(b) PTO/ 0.33 159 53 438 23,214.00
275.
7.............................. Data Sheet--Register of Patent 0.17 916 152.67 438 68,868.00
Attorneys and Agents (individuals
passing the registration exam) PTO-
107A.
7.............................. Data Sheet--Register of Patent 0.17 100 16.67 438 7,300.00
Attorneys and Agents (foreign
applicants) PTO-107A.
7.............................. Data Sheet--Register of Patent 0.17 100 16.67 438 7,300.00
Attorneys and Agents (former examiners
seeking registration) PTO-107R.
8.............................. Oath or Affirmation PTO-1209........... 0.08 1,116 93 438 40,734.00
9a............................. Reinstatement to the Register PTO-107A, 0.01 53 0.88 438 386.90
PTO-107R.
9b............................. Written request for reconsideration and 1.50 30 45 438 19,710.00
further review of disapproval notice
of application.
9c............................. Petition to the Director of the Office 0.75 20 15 438 6,570.00
of Enrollment and Discipline under
11.2(c).
10............................. Cover pages used for submitting 0.05 6,300 315 438 137,970.00
correspondence to OED (for documents
submitted with applications, requests
for reconsideration, and petitions).
11............................. Reasonable Accommodation PTO 158R...... 4.0 39 156 438 68,328.00
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Totals..................... ....................................... .............. 18,458 18,559.39 .............. 8,090,661.34
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Estimated Total Annual (Non-hour) Respondent Cost Burden: Estimated
Total Annual Non-hour Respondent Cost Burden: $1,546,909.00. 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.
The General Requirements Bulletin recommends that ``applicants
should make and keep a copy of every document submitted to the office
in connection with an application for registration.'' The USPTO
estimates that it will take an applicant approximately 5 minutes (0.08
hours) to print and retain a copy of the submissions and that
approximately 5,176 responses will be made per year, for a total of 413
hours. Using the professional rate of $438 per hour for intellectual
property attorneys, the USPTO estimates that the record keeping cost
associated with this copy requirement will be $181,752 per year.
An additional cost comes from the requirement for an Oath statement
for each member of the patent bar; an item which requires the services
of a notary public. The average fee for having a document notarized is
$6. The USPTO estimates that it will receive 1,116 responses to this
information collection per year as a result of this notary requirement,
for a total cost of $6,696.00 per year, for a total recordkeeping cost
of $195,620.00.
[[Page 48494]]
Table 2--Recordkeeping Costs
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Estimated
IC No. Item Hours Responses (yr) Burden (hrs/ Rate ($/hr) respondent
yr) cost
....................................... (a) (b) (c) = (a) x (d) (e) = (c) x
(b) (d)
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1.............................. Application for Registration to 0.08 2,630 219.17 $438.00 $95,995.00
Practice Before the United States
Patent and Trademark Office (includes
both the computerized exam and the
USPTO-administered exam) Form PTO-158.
2.............................. Application for Registration to 0.08 10 0.83 438.00 365.00
Practice Before the United States
Patent and Trademark Office Under 37
CFR 11.6(c) by a Foreign Resident
(examination waived) Form PTO-158A.
3.............................. Application for Reciprocal Recognition 0.08 3 0.25 438.00 109.50
to Practice in Trademark Matters
Before the United States Patent and
Trademark Office Under 37 CFR 11.14(c)
by a Foreign Attorney or Agent
(examination waived) Form PTO-158T.
6.............................. Undertaking under 37 CFR 11.10(b) PTO/ 0.08 159 13.25 438.00 5,803.50
275.
7.............................. Data Sheet--Register of Patent 0.08 1,116 93.00 438.00 40,734.00
Attorneys and Agents (individuals
passing the registration exam) PTO-
107A.
8.............................. Oath or Affirmation PTO-1209........... 0.08 1,116 93.00 438.00 40,734.00
8.............................. Oath or Affirmation Cost of Notary .............. 1,116 .............. 6 Cost of 6,696.00
Public. notary public
9a............................. Reinstatement to the Register PTO-107A, 0.08 53 4.42 438.00 1,934.50
PTO-107R.
9b............................. Written request for reconsideration and 0.08 30 2.50 438.00 1,095.00
further review of disapproval notice
of application.
9c............................. Petition to the Director of the Office 0.08 20 1.67 438.00 730.00
of Enrollment and Discipline under
11.2(c).
11............................. Reasonable Accommodation PTO 158R...... 0.08 39 3.25 438.00 1,423.50
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Totals..................... ....................................... .............. 6,292 431.33 .............. 195,620.00
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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 $776,920.00.
Table 3--Filing Fees
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Total non-hour
IC No. Item Responses (yr) Filing Fee ($) cost burden ($/
hr)
(a) (b) (c)=(a) x (b)
----------------------------------------------------------------------------------------------------------------
1.......................... Non-Refundable Application Fee for 2,611 $40.00 $104,400.00
Registration to Practice Before
the United States Patent and
Trademark Office (includes both
the computerized exam and the
USPTO-administered exam).
1.......................... Application Fee for Registration to 19 40.00 760.00
Practice Before the United States
Patent and Trademark Office, as
applicable when used for
registration fees only (former
examiners; examination waived).
2.......................... Application for Registration to 10 40.00 400.00
Practice Before the United States
Patent and Trademark Office Under
37 CFR 11.6(c) by a Foreign
Resident (examination waived) Form
PTO-158A.
3.......................... Application Fee for Reciprocal 3 40.00 120.00
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).
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).
5.......................... Registration examination fee for 2,382 200.00 476,400.00
administration of computerized
examination to become a registered
patent practitioner administered
by a commercial entity (computer
exam).
[[Page 48495]]
7.......................... Data Sheet--Register of Patent 916 100.00 91,600.00
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-107R.
9a......................... Reinstatement to the Register PTO- 53 100.00 5,300.00
107A, PTO-107R.
9b......................... Written request for reconsideration 30 130.00 3,900.00
and further review of disapproval
notice of application.
9c......................... Petition to the Director of the 20 130.00 2,600.00
Office of Enrollment and
Discipline under 11.2(c).
9d......................... Petition for reinstatement after 4 1,600.00 6,400.00
disciplinary removal under 37 CFR
11.60.
9f......................... 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).
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Totals................. ................................... 6,303 -- 776,920.00
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Postage costs are also associated with this collection. Estimates
for postage range from $0.49 to $1.73 per mailed submission, depending
upon the item sent. The postage costs estimated at $2,260.53 for this
collection and are outlined in the table below.
Table 4--Postage Costs
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Postage fee Total non-hour
IC No. Item Responses ($) cost burden
................................... (a) (b) (a) x (b) = c
----------------------------------------------------------------------------------------------------------------
1.......................... Non-Refundable Application Fee for 2,611 $0.61 $1,592.71
Registration to Practice Before
the United States Patent and
Trademark Office (includes both
the computerized exam and the
USPTO-administered exam).
1.......................... Application Fee for Registration to 19 0.61 11.59
Practice Before the United States
Patent and Trademark Office, as
applicable when used for
registration fees only (former
examiners; examination waived).
2.......................... Application for Registration to 10 0.49 4.90
Practice Before the United States
Patent and Trademark Office Under
37 CFR 11.6(c) by a Foreign
Resident (examination waived) Form
PTO-158A.
3.......................... Application Fee for Reciprocal 3 0.61 1.83
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).
7.......................... Data Sheet--Register of Patent 916 0.49 448.84
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.
9a......................... Reinstatement to the Register PTO- 53 0.49 25.97
107A, PTO-107R.
9b......................... Written request for reconsideration 30 0.61 18.30
and further review of disapproval
notice of application.
9c......................... Petition to the Director of the 20 1.73 34.60
Office of Enrollment and
Discipline under 11.2(c).
11......................... Reasonable Accommodation PTO 158R.. 39 0.61 23.79
rrrrrrrrrrrrrrrrrrrrrrrrrrrr
Totals................. ................................... 3,901 .............. 2,260.53
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Therefore, the USPTO estimates that the total annual (non-hour)
cost burden for this collection, in the form of filing fees and postage
is $779,180.53 per year.
IV. Request for Comments
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they also will become a matter of public record.
Comments are invited on:
(a) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information shall have practical utility;
(b) The accuracy of the agency's estimate of the burden (including
hours and cost) of the proposed collection of information;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(d) Ways to minimize the burden of the collection of information on
[[Page 48496]]
respondents, e.g., the use of automated collection techniques or other
forms of information technology.
Marcie Lovett,
Records and Information Governance Division Director, OCTO United
States Patent and Trademark Office.
[FR Doc. 2017-22617 Filed 10-17-17; 8:45 am]
BILLING CODE 3510-16-P
