Practitioner Conduct and Discipline, 63841-63843 [2018-26846]
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63841
Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices
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Totals
Item
Application for International Registration (for certifying an international application based on a single basic application or registration, per international
class) (TEAS).
Application for International Registration (for certifying an international application based on a single basic application or registration, per international
class) (paper).
Application for International Registration (for certifying an international application based on more than one basic application or registration, per international class) (TEAS).
Application for International Registration (for certifying an international application based on more than one basic application or registration, per international class) (paper).
Request for Extension of Protection of International Registration to the United
States—Filed at WIPO.
Transmitting a Subsequent Designation under Section 7.21 (TEAS) ..................
Transmitting a Subsequent Designation under Section 7.21 (paper) ...................
Notice of Replacement under Section 7.28 (per international class) (TEAS) ......
Notice of Replacement under Section 7.28 (per international class) (paper) ......
Request to Record an Assignment or Restriction, or Release of a Restriction,
under Sections 7.23 and 7.24 (TEAS) (paper).
Request to Record an Assignment or Restriction, or Release of a Restriction,
under Sections 7.23 and 7.24 (paper).
Transformation Request (per international class ( TEAS RF Global) ..................
Transformation Request (per international class) (paper) ....................................
Petition to Director to Review Denial of Certification of International Application
(TEAS).
Petition to Director to Review Denial of Certification of International Application
(paper).
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under
Section 71 (per international class) (TEAS).
Declaration of Continued Use/Excusable Nonuse of Mark in Commerce Under
Section 71 (per international class) (paper).
Surcharge for Filing Affidavit Under Section 71 of the Act During the Grace Period, per international class (TEAS).
Surcharge for Filing Affidavit Under Section 71 of the Act During the Grace Period, per international class (paper).
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (TEAS).
Combined Declaration of Continued Use/Excusable Nonuse and Incontestability Under Sections 71 and 15 (per international class) (paper).
................................................................................................................................
Therefore, the USPTO estimates that
the total annual (non-hour) cost burden
for this collection, in the form of postage
costs ($4.50) and filing fees
($12,182,250), is $12,182,254.50 per
year.
amozie on DSK3GDR082PROD with NOTICES1
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
VerDate Sep<11>2014
18:39 Dec 11, 2018
Jkt 247001
and cost) of the proposed collection of
information;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(d) Ways to minimize the burden of
the collection of information on
respondents, 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. 2018–26847 Filed 12–11–18; 8:45 am]
BILLING CODE 3510–16–P
PO 00000
Estimated
annual
responses
Fee amount
(a)
(b)
Estimated
annual
filing costs
(c)
(a) × (b)
7,313
$100.00
$731,300.00
1
200.00
200.00
1,227
150.00
184,050.00
1
250.00
250.00
25,600
400.00
10,240,000.00
930
1
1
1
3
100.00
200.00
100.00
200.00
100.00
93,000.00
200.00
100.00
200.00
300.00
1
200.00
200.00
1
1
42
275.00
600.00
100.00
275.00
600.00
4,200.00
1
200.00
200.00
3,250
125.00
406,250.00
1
225.00
100.00
1
100.00
100.00
1
200.00
200.00
1,600
325.00
520,000.00
1
525.00
525.00
39,978
........................
12,182,250.00
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Practitioner Conduct and Discipline
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 this
proposed extension of an existing
information collection.
SUMMARY:
Written comments must be
submitted on or before February 11,
2019.
DATES:
Written comments may be
submitted by any of the following
methods:
ADDRESSES:
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63842
Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
• Email: InformationCollection@
uspto.gov. Include ‘‘0651–0017
comment’’ in the subject line of the
message.
• Federal Rulemaking Portal: https://
www.regulations.gov.
• Mail: Dahlia George, Office of
Enrollment and Discipline, United
States Patent and Trademark Office
(USPTO), 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 (USPTO), P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–4097; or by email
at Dahlia.George@uspto.gov with
‘‘0651–0017 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
The Director of the United States
Patent and Trademark Office has the
authority to establish regulations
governing the conduct and discipline of
agents, attorneys, or other persons
representing applicants and other
parties before the USPTO (35 U.S.C. 2
and 32–33). The USPTO Rules of
Professional Conduct at 37 CFR 11.101–
11.804 describe how agents, attorneys,
or other practitioners representing
applicants and other parties before the
USPTO should conduct themselves
professionally and outline their
responsibilities for recordkeeping and
reporting violations or complaints of
misconduct to the USPTO, while the
Investigations and Disciplinary
Proceedings Rules (37 CFR 11.19–11.60)
dictate how the USPTO can discipline
agents, attorneys, or other persons
representing applicants and other
parties before the USPTO. These sets of
rules are collectively referred to here as
‘‘Part 11.’’
This collection covers the various
reporting and recordkeeping
requirements set forth in Part 11 for all
agents, attorneys, or other practitioners
representing applicants and other
parties before the USPTO. The Rules
require a practitioner to maintain
complete records of all funds, securities,
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18:39 Dec 11, 2018
Jkt 247001
and other properties of clients coming
into his or her possession, and to render
appropriate accounts to the client
regarding the funds, securities, and
other properties of clients coming into
the practitioner’s possession,
collectively known as ‘‘client property.’’
These recordkeeping requirements are
necessary to maintain the integrity of
client property. Each State Bar requires
its attorneys to perform similar
recordkeeping and these Rules require
patent agents to maintain similar
recordkeeping for clients.
Part 11 also requires a practitioner to
report knowledge of certain violations of
the USPTO Rules of Professional
Conduct to the USPTO. If a complaint
or grievance is found to have merit, the
USPTO will investigate and possibly
prosecute such violations and provide
the practitioner with the opportunity to
respond to the complaint. The Director
of the Office of Enrollment and
Discipline (OED) may, after notice and
opportunity for a hearing, suspend,
exclude, or disqualify any practitioner
from further practice before the USPTO
based on non-compliance with the
USPTO Rules of Professional Conduct.
Practitioners who have been excluded
or suspended from practice before the
USPTO, practitioners transferred to
disability inactive status, and
practitioners who have resigned must
keep and maintain records of their steps
to comply with the suspension or
exclusion order, transfer to disability
inactive status, or resignation should
they seek reinstatement. These records
may serve as the practitioner’s proof of
compliance with the order, transfer,
resignation, and Rules.
The information collected, i.e., reports
of alleged violations of the USPTO
Rules of Professional Conduct, is used
by the Director of OED to conduct
investigations and prosecute violations,
as appropriate.
II. Method of Collection
Electronically via email; by mail or
hand delivery in paper form.
III. Data
OMB Number: 0651–0017.
IC Instruments: The individual
instruments in this collection, as well as
their associated forms, are listed in the
table below.
Type of Review: Revision of an
existing information collection.
PO 00000
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Affected Public: Individuals or
households; businesses or other forprofits; and not-for-profit institutions.
Estimated Number of Respondents:
11,065 responses per year.
Estimated Time per Response: The
USPTO estimates that it will take the
public between 1 hour and 20 hours to
complete a single item in this collection,
depending on the instrument used,
including the time to gather the
necessary information, prepare the
appropriate form or petition, and submit
the completed request to the USPTO.
The time per response, estimated annual
responses, and estimated annual hour
burden associated with each instrument
in this collection are shown in the table
below.
Estimated Total Annual Respondent
Burden Hours: 12,225 hours.
Estimated Total Annual Respondent
(Hourly) Cost Burden: $3,606,500.00.
The USPTO expects that agents will
complete the Recordkeeping
Maintenance & Disclosure item at an
hourly wage rate of $284 as published
in the 2017 AIPLA Report of the
Economic Survey and that practitioners
will complete the Recordkeeping
Maintenance Under Suspension or
Exclusion from the USPTO item at an
hourly rate of $438 as published in the
2017 AIPLA Report of the Economic
Survey. The USPTO further expects that
a combination of individuals such as
trademark applicants and applicants for
patents as well as practitioners,
including agents, will complete the
Complaint/Violation Reporting,
including grievances. USPTO estimates
that this group has a blended hourly rate
of $303; this blended rate is based on
data from both the 2017 AIPLA Report
of the Economic Survey and the 2017
Bureau of Labor Statistics (BLS)
National Occupation Employment and
Wage Estimates. The BLS wage estimate
for scientists and engineers (occupation
code 19–2099) is used for inventors and
applicants. The blended rate is
comprised 50 percent by the
practitioner hourly rate of $438, 25
percent by the agent hourly rate of $284,
and 25 percent by the rate for scientists
and engineers of $51.53. Using these
hourly rates, the USPTO estimates
$3,606,500 per year for the total hourly
costs associated with respondents.
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Federal Register / Vol. 83, No. 238 / Wednesday, December 12, 2018 / Notices
IC No.
Information collection instrument
1 ........................
3 ........................
Recordkeeping Maintenance & Disclosure (includes advertisements, disclosure requirements relating to soliciting professional employment, notifications by non-attorney practitioner of inadvertently sent documents, and financial books and
records such as trust accounts, fiduciary accounts, and operating accounts).
Recordkeeping Maintenance Regarding Practitioners Under Suspension
or Exclusion from the USPTO.
Complaint/Violation Reporting ..............
Total ...........
...............................................................
amozie on DSK3GDR082PROD with NOTICES1
2 ........................
Estimated Total Annual (Non-hour)
Respondent Cost Burden: $1,244.35.
There are no capital start-up or
maintenance costs as well as no filing
fees associated with this information
collection. Any recordkeeping costs
have been factored into the estimated
hourly cost burden. There are, however,
postage costs associated with this
collection.
Customers may incur postage costs
when submitting the items covered by
this collection to the USPTO by mail.
The USPTO expects that 20 percent of
the Recordkeeping Maintenance &
Disclosure item; 0 percent of the
Recordkeeping Maintenance Regarding
Practitioners Under Suspension or
Exclusion item; and 25 percent of the
Complaint/Violation Reporting item
will be submitted electronically. The
USPTO further expects that of the nonelectronic submissions for this
collection, 1 percent of each item’s total
responses will be submitted by hand
delivery and the rest will be submitted
by mail, for a total of 187 mailed
submissions.
The average first-class USPS postage
cost for a one-pound mailed submission
in a flat-rate envelope and a threepound mailed submission in a small
flat-rate box are $6.55 and $7.05,
respectively. 25 percent of the mailed
Recordkeeping Maintenance &
Disclosure items are expected to require
the more expensive flat-rate box mailing
option, while all other items are
expected to be mailed using the flat-rate
envelope. Using these numbers, the
USPTO estimates that the postage costs
for the mailed submissions in this
collection will total $1,244.35.
Therefore, the USPTO estimates that
the total annual (non-hour) cost burden
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18:39 Dec 11, 2018
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Estimated time
for response
(hours)
Estimated
annual
responses
Estimated
annual
burden hours
Rate
($/hr)
Respondent
cost
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
1
10,825
10,825
$284
$3,074,300
20
40
800
438
350,400
3
200
600
303
181,800
........................
11,065
12,225
........................
3,606,500
for this collection, in the form of postage
costs, is $1,244.35 per year.
COMMODITY FUTURES TRADING
COMMISSION
IV. Request for Comments
Agency Information Collection
Activities Under OMB Review
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, including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(d) ways to minimize the burden of
the collection of information on
respondents, including through the use
of automated collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Comments submitted in response to
this notice will be summarized or
included in the request for OMB
approval of this information collection;
they will also become a matter of public
record.
Marcie Lovett,
Director, Records and Information
Governance Division, Office of the Chief
Administrative Officer, United States Patent
and Trademark Office.
[FR Doc. 2018–26846 Filed 12–11–18; 8:45 am]
BILLING CODE 3510–16–P
PO 00000
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Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
In compliance with the
Paperwork Reduction Act of 1995
(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 burdens.
DATES: Comments must be submitted on
or before January 11, 2019.
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
publication of this notice by either of
the methods specified below. Please
identify the comments by ‘‘OMB Control
Numbers 3038–0023 and 3038–0072.’’
• By email addressed to:
OIRAsubmissions@omb.eop.gov; or
• By mail addressed to: 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
(‘‘Commission’’) by any of the following
methods. The copies should refer to
SUMMARY:
E:\FR\FM\12DEN1.SGM
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]]>Agencies
[Federal Register Volume 83, Number 238 (Wednesday, December 12, 2018)]
[Notices]
[Pages 63841-63843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26846]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Practitioner Conduct and Discipline
ACTION: Proposed collection; comment request.
-----------------------------------------------------------------------
SUMMARY: The United States Patent and Trademark Office (USPTO), as
required by the Paperwork Reduction Act of 1995, invites comments on
this proposed extension of an existing information collection.
DATES: Written comments must be submitted on or before February 11,
2019.
ADDRESSES: Written comments may be submitted by any of the following
methods:
[[Page 63842]]
Email: [email protected]. Include ``0651-
0017 comment'' in the subject line of the message.
Federal Rulemaking Portal: https://www.regulations.gov.
Mail: Dahlia George, Office of Enrollment and Discipline,
United States Patent and Trademark Office (USPTO), 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 (USPTO), P.O. Box
1450, Alexandria, VA 22313-1450; by telephone at 571-272-4097; or by
email at [email protected] with ``0651-0017 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
The Director of the United States Patent and Trademark Office has
the authority to establish regulations governing the conduct and
discipline of agents, attorneys, or other persons representing
applicants and other parties before the USPTO (35 U.S.C. 2 and 32-33).
The USPTO Rules of Professional Conduct at 37 CFR 11.101-11.804
describe how agents, attorneys, or other practitioners representing
applicants and other parties before the USPTO should conduct themselves
professionally and outline their responsibilities for recordkeeping and
reporting violations or complaints of misconduct to the USPTO, while
the Investigations and Disciplinary Proceedings Rules (37 CFR 11.19-
11.60) dictate how the USPTO can discipline agents, attorneys, or other
persons representing applicants and other parties before the USPTO.
These sets of rules are collectively referred to here as ``Part 11.''
This collection covers the various reporting and recordkeeping
requirements set forth in Part 11 for all agents, attorneys, or other
practitioners representing applicants and other parties before the
USPTO. The Rules require a practitioner to maintain complete records of
all funds, securities, and other properties of clients coming into his
or her possession, and to render appropriate accounts to the client
regarding the funds, securities, and other properties of clients coming
into the practitioner's possession, collectively known as ``client
property.'' These recordkeeping requirements are necessary to maintain
the integrity of client property. Each State Bar requires its attorneys
to perform similar recordkeeping and these Rules require patent agents
to maintain similar recordkeeping for clients.
Part 11 also requires a practitioner to report knowledge of certain
violations of the USPTO Rules of Professional Conduct to the USPTO. If
a complaint or grievance is found to have merit, the USPTO will
investigate and possibly prosecute such violations and provide the
practitioner with the opportunity to respond to the complaint. The
Director of the Office of Enrollment and Discipline (OED) may, after
notice and opportunity for a hearing, suspend, exclude, or disqualify
any practitioner from further practice before the USPTO based on non-
compliance with the USPTO Rules of Professional Conduct. Practitioners
who have been excluded or suspended from practice before the USPTO,
practitioners transferred to disability inactive status, and
practitioners who have resigned must keep and maintain records of their
steps to comply with the suspension or exclusion order, transfer to
disability inactive status, or resignation should they seek
reinstatement. These records may serve as the practitioner's proof of
compliance with the order, transfer, resignation, and Rules.
The information collected, i.e., reports of alleged violations of
the USPTO Rules of Professional Conduct, is used by the Director of OED
to conduct investigations and prosecute violations, as appropriate.
II. Method of Collection
Electronically via email; by mail or hand delivery in paper form.
III. Data
OMB Number: 0651-0017.
IC Instruments: The individual instruments in this collection, as
well as their associated forms, are listed in the table below.
Type of Review: Revision of an existing information collection.
Affected Public: Individuals or households; businesses or other
for-profits; and not-for-profit institutions.
Estimated Number of Respondents: 11,065 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public between 1 hour and 20 hours to complete a single item in
this collection, depending on the instrument used, including the time
to gather the necessary information, prepare the appropriate form or
petition, and submit the completed request to the USPTO. The time per
response, estimated annual responses, and estimated annual hour burden
associated with each instrument in this collection are shown in the
table below.
Estimated Total Annual Respondent Burden Hours: 12,225 hours.
Estimated Total Annual Respondent (Hourly) Cost Burden:
$3,606,500.00. The USPTO expects that agents will complete the
Recordkeeping Maintenance & Disclosure item at an hourly wage rate of
$284 as published in the 2017 AIPLA Report of the Economic Survey and
that practitioners will complete the Recordkeeping Maintenance Under
Suspension or Exclusion from the USPTO item at an hourly rate of $438
as published in the 2017 AIPLA Report of the Economic Survey. The USPTO
further expects that a combination of individuals such as trademark
applicants and applicants for patents as well as practitioners,
including agents, will complete the Complaint/Violation Reporting,
including grievances. USPTO estimates that this group has a blended
hourly rate of $303; this blended rate is based on data from both the
2017 AIPLA Report of the Economic Survey and the 2017 Bureau of Labor
Statistics (BLS) National Occupation Employment and Wage Estimates. The
BLS wage estimate for scientists and engineers (occupation code 19-
2099) is used for inventors and applicants. The blended rate is
comprised 50 percent by the practitioner hourly rate of $438, 25
percent by the agent hourly rate of $284, and 25 percent by the rate
for scientists and engineers of $51.53. Using these hourly rates, the
USPTO estimates $3,606,500 per year for the total hourly costs
associated with respondents.
[[Page 63843]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated time Estimated Estimated
IC No. Information collection for response annual annual burden Rate ($/hr) Respondent
instrument (hours) responses hours cost
--------------------------------------------------------------------------------------------------------------------------------------------------------
(a) (b) (a) x (b) = (d) (c) x (d) =
(c) (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1..................................... Recordkeeping Maintenance & 1 10,825 10,825 $284 $3,074,300
Disclosure (includes
advertisements, disclosure
requirements relating to
soliciting professional
employment, notifications by
non-attorney practitioner of
inadvertently sent documents,
and financial books and records
such as trust accounts,
fiduciary accounts, and
operating accounts).
2..................................... Recordkeeping Maintenance 20 40 800 438 350,400
Regarding Practitioners Under
Suspension or Exclusion from
the USPTO.
3..................................... Complaint/Violation Reporting... 3 200 600 303 181,800
-------------------------------------------------------------------------------
Total............................. ................................ .............. 11,065 12,225 .............. 3,606,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Total Annual (Non-hour) Respondent Cost Burden:
$1,244.35. There are no capital start-up or maintenance costs as well
as no filing fees associated with this information collection. Any
recordkeeping costs have been factored into the estimated hourly cost
burden. There are, however, postage costs associated with this
collection.
Customers may incur postage costs when submitting the items covered
by this collection to the USPTO by mail. The USPTO expects that 20
percent of the Recordkeeping Maintenance & Disclosure item; 0 percent
of the Recordkeeping Maintenance Regarding Practitioners Under
Suspension or Exclusion item; and 25 percent of the Complaint/Violation
Reporting item will be submitted electronically. The USPTO further
expects that of the non-electronic submissions for this collection, 1
percent of each item's total responses will be submitted by hand
delivery and the rest will be submitted by mail, for a total of 187
mailed submissions.
The average first-class USPS postage cost for a one-pound mailed
submission in a flat-rate envelope and a three-pound mailed submission
in a small flat-rate box are $6.55 and $7.05, respectively. 25 percent
of the mailed Recordkeeping Maintenance & Disclosure items are expected
to require the more expensive flat-rate box mailing option, while all
other items are expected to be mailed using the flat-rate envelope.
Using these numbers, the USPTO estimates that the postage costs for the
mailed submissions in this collection will total $1,244.35.
Therefore, the USPTO estimates that the total annual (non-hour)
cost burden for this collection, in the form of postage costs, is
$1,244.35 per year.
IV. Request for Comments
Comments are invited on:
(a) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information shall have practical utility;
(b) the accuracy of the agency's estimate of the burden (including
hours and cost) of the proposed collection of information, including
the validity of the methodology and assumptions used;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and
(d) ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they will also become a matter of public record.
Marcie Lovett,
Director, Records and Information Governance Division, Office of the
Chief Administrative Officer, United States Patent and Trademark
Office.
[FR Doc. 2018-26846 Filed 12-11-18; 8:45 am]
BILLING CODE 3510-16-P
