Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Admission to Practice and Roster of Registered Patent Attorneys and Agents Admitted to Practice Before the United States Patent and Trademark Office, 83903-83906 [2020-28412]

Download as PDF Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices Dated: December 18, 2020. Donna Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2020–28417 Filed 12–22–20; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Patent and Trademark Office Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Admission to Practice and Roster of Registered Patent Attorneys and Agents Admitted to Practice Before the United States Patent and Trademark Office United States Patent and Trademark Office, Department of Commerce. ACTION: Notice of information collection; request for comment. AGENCY: jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: The United States Patent and Trademark Office (USPTO), in accordance with the Paperwork Reduction Act of 1995, invites comments on the extension and revision of an existing information collection: 0651–0012 (Admission to Practice and Roster of Registered Patent Attorneys and Agents Admitted to Practice Before the United States Patent and Trademark Office). The purpose of this notice is to allow 60 days for public comment preceding submission of the information collection to OMB. DATES: To ensure consideration, comments regarding this information collection must be received on or before February 22, 2021. ADDRESSES: Interested persons are invited to submit written comments by any of the following methods. Do not submit Confidential Business Information or otherwise sensitive or protected information. • Email: InformationCollection@ uspto.gov. Include ‘‘0651–0012 comment’’ in the subject line of the message. • Federal Rulemaking Portal: http:// www.regulations.gov. • Mail: Kimberly Hardy, Office of the Chief Administrative Officer, United States Patent and Trademark Office, VerDate Sep<11>2014 21:21 Dec 22, 2020 Jkt 253001 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 information 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. This information collection addresses submissions required by the regulations at 37 CFR 1.21, 10.14, and 11.5–11.11, which set forth 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 this 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 this information to administer and maintain the public roster of attorneys and agents registered to practice before the USPTO, which is accessible through the USPTO website. The information in this information 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 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 83903 on, the Register of Patent Attorneys and Agents. II. Method of Collection Items in this information collection may be submitted via online electronic submissions. Applicants may also submit the information in paper form by mail, fax, or hand delivery. III. Data OMB Control Number: 0651–0012. Form Numbers: • PTO–107A: (Data Sheet—Register of Patent Attorneys and Agents) • PTO–107R: (Reinstatement to the Register) • PTO–107S: (Registration Statement of Patent Attorneys and Agents) • PTO–158: (Application for Registration to Practice Before the United States Patent and Trademark Office) • PTO–158A: (Application for Registration to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident) • PTO 158RA: (Reasonable Accommodation) • PTO–158T: (Application for Reciprocal Recognition to Practice in Trademark Matters Before the United States Patent and Trademark Office Under 37 CFR 11.14(c) by a Foreign Attorney or Agent) • PTO–1209: (Oath or Affirmation) Type of Review: Revision of a currently approved information collection. Affected Public: Individuals or households. Estimated Number of Respondents: 21,251 per year. Estimated Number of Responses: 30,727 per year. Estimated Time per Response: The USPTO estimates that it takes the public approximately 5 minutes (0.08 hours) to 7 hours to complete this information, depending upon the application. This includes the time to gather the necessary information, prepare and maintain the documents, and submit the items to the USPTO. Estimated Total Annual Respondent Burden Hours: 18,188 hours. Estimated Total Annual Respondent (Hourly) Cost Burden: $7,275,200. E:\FR\FM\23DEN1.SGM 23DEN1 83904 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices TABLE 1—TOTAL HOURLY REPORTING BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS Item No. 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 .................................................... Registration Examination to Become a Registered Practitioner. Reasonable Accommodation ....................... PTO 158RA .................................................. Data Sheet—Register of Patent Attorneys and Agents. PTO–107A .................................................... Registration Statement of Patent Attorneys and Agents. PTO–107S .................................................... Oath or Affirmation ....................................... PTO–1209 .................................................... Reinstatement to the Register ..................... PTO–107R ................................................... Change of Registration from Agent to Attorney. PTO–158 ...................................................... Written Requests (Certificate of Good Standing, Disciplinary History). Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.2(c). Petition to USPTO Director under 37 CFR 11.2(d). 1 1 1 2 3 4 5 6 7 8 9 10 11 Total jbell on DSKJLSW7X2PROD with NOTICES Estimated annual respondents Item Estimated annual responses (year) Estimated time for response (hours) Estimated annual burden (hour/year) Rate 1 ($/hour) Estimated annual respondent cost burden (a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) 2,474 2,474 0.50 1,237 $400 $494,800 34 34 0.50 17 400 6,800 6 6 0.50 3 400 1,200 11 11 0.50 6 400 2,400 Same as line 1 Same as line 1 Same as line 1 1,616 7 11,312 400 4,524,800 63 4 252 400 100,800 840 0.5 420 400 168,000 16,333 16,333 0.25 4,083 400 1,633,200 Same as line 1 76 840 0.08 67 400 26,800 76 0.08 6 400 2,400 252 252 0.50 126 400 50,400 2,057 3,578 0.08 286 400 114,400 7 7 0.75 5 400 2,000 1 1 0.75 1 400 400 21,251 26,131 ........................ 17,821 ........................ 7,128,400 ....................................................................... The USPTO Office of Enrollment and Discipline General Requirements Bulletin 2 recommends that ‘‘an applicant should make and keep a copy of every document submitted to the Office in connection with an application for registration.’’ The USPTO estimates that it will take an applicant approximately 5 minutes (0.08 hours) to print and retain a copy of the submissions and that approximately 4,596 responses requiring record keeping (based on the response numbers from Table 1) will be made per year, for a total of 367 hours. 1 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/ journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms which is $400 per hour. 2 General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases before the United States Patent and Trademark Office; https://www.uspto.gov/sites/ default/files/documents/OED_GRB.pdf VerDate Sep<11>2014 21:21 Dec 22, 2020 Jkt 253001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\23DEN1.SGM 23DEN1 83905 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices TABLE 2—TOTAL HOURLY RECORDKEEPING BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS Item No. 1 3 4 6 7 8 Totals Item Estimated annual responses (year) Estimated time for response (hours) Estimated annual burden (hour/year) Rate 3 ($/hour) Estimated annual respondent cost burden (a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) Application for Registration to Practice Before the United States Patent and Trademark Office. Reasonable Accommodation ..................... Data Sheet—Register of Patent Attorneys and Agents. Oath or Affirmation ..................................... Reinstatement to the Register ................... Change of Registration from Agent to Attorney. 2,525 0.08 202 $400 $80,800 63 840 0.08 0.08 5 67 400 400 2,000 26,800 840 76 252 0.08 0.08 0.08 67 6 20 400 400 400 26,800 2,400 8,000 ..................................................................... 4,596 ........................ 367 ........................ 146,800 Estimated Total Annual (Non-hour) Respondent Cost Burden: $875,706. There are no capital start-up or maintenance costs associated with this information collection. There are, however, non-hour costs due to filing fees, postage costs, and notary fees. There are filing fees associated with this information collection. The application fees for registration to practice before the USPTO vary depending on whether the applicant is a current applicant, a former examiner, a foreign resident, or seeking reinstatement to the Register. The fee for administration of the computerized examination to become a registered patent practitioner also varies depending on how the examination is administered. The total annual nonhour cost burden associated with filing fees is $865,958. TABLE 3—FILING FEES Item No. 1 1 1 1 1 2 2 2 jbell on DSKJLSW7X2PROD with NOTICES 2 4 7 8 14 Item Filing fee ($) Total non-hour respondent cost burden ($/hour) (a) (b) (a) × (b) = (c) 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). 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). 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). Registration examination fee for administration of computerized examination to become a registered patent practitioner administered by a commercial entity (computer exam). For administered review of Registration Examination by a commercial entity (computer exam). Registration examination fee for administration of computerized examination to become a registered patent practitioner administered by the USPTO (USPTO-administered exam). For USPTO-Administered Review of Registration Examination ....................... On Registration to Practice Under 37 CFR 11.6. On Grant of Limited Recognition Under 37 CFR 11.9(b). Reinstatement to the Register .......................................................................... On Change of Registration from Agent to Attorney .......................................... Certificate of Good Standing as an Attorney or Agent, Standard .................... 3 2019 Report of the Economic Survey, published by the Committee on Economics of Legal Practice of the American Intellectual Property Law VerDate Sep<11>2014 Responses (year) 21:21 Dec 22, 2020 Jkt 253001 Association (AIPLA); https://www.aipla.org/detail/ journal-issue/2019-report-of-the-economic-survey. PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 2,474 $110 $272,140 34 110 3,740 6 110 660 11 110 1,210 7 1,680 11,760 1,616 173 279,568 300 205 61,500 1 470 470 1 840 470 210 470 176,400 76 252 275 210 110 40 15,960 27,720 11,000 The USPTO uses the mean rate for attorneys in private firms which is $400 per hour. E:\FR\FM\23DEN1.SGM 23DEN1 83906 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices TABLE 3—FILING FEES—Continued Item No. 10 11 Totals Item jbell on DSKJLSW7X2PROD with NOTICES Filing fee ($) Total non-hour respondent cost burden ($/hour) (a) (b) (a) × (b) = (c) Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.2(c). Review of Decision of the Director of Enrollment and Discipline Under 37 CFR 11.2(d). 7 420 2,940 1 420 420 ............................................................................................................................ 5,901 ........................ 865,958 Postage costs are also associated with this information collection. The USPTO estimates that the average postage cost for a mailed submission, depending upon the item sent, will be $0.55. The USPTO estimates that with 2,450 mailed submissions, the postage costs in this information collection will be $1,348. Additional costs are incurred for new Patent Bar members who are required to obtain and submit an Oath or Affirmation. These items usually require the services of a public notary. The cost of a notarized document is dependent upon local rules, but is estimated by USPTO to average $10. The cost of 840 Oaths is estimated to be $8,400. Therefore, the USPTO estimates that the total annual (non-hour) cost burden for this information collection, in the form of filing fees, postage, and notary fees is $875,706. Respondent’s Obligation: Required to obtain or retain benefits. IV. Request for Comments 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 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. All comments submitted in response to this notice are a matter of public VerDate Sep<11>2014 Responses (year) 21:21 Dec 22, 2020 Jkt 253001 record. USPTO will include or summarize each comment in the request to OMB to approve this information collection. Before including an address, phone number, email address, or other personal identifying information in a comment, be aware that the entire comment—including personal identifying information—may be made publicly available at any time. While you may ask in your comment to withhold personal identifying information from public view, USPTO cannot guarantee that it will be able to do so. Kimberly Hardy, Information Collections Officer, Office of the Chief Administrative Officer, United States Patent and Trademark Office. [FR Doc. 2020–28412 Filed 12–22–20; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO–P–2020–0057] Request for Comments on the National Strategy for Expanding American Innovation United States Patent and Trademark Office, Department of Commerce. ACTION: Request for comments. AGENCY: SUMMARY: On September 14, 2020, the United States Patent and Trademark Office (USPTO) hosted the inaugural meeting of the National Council for Expanding American Innovation (NCEAI). The NCEAI consists of distinguished leaders from industry, academia, government, and nonprofit organizations. It was organized as an outgrowth of the Study of Underrepresented Classes Chasing Engineering and Science Success Act of 2018, which charged the USPTO with preparing a report concerning patenting and entrepreneurship activities among women, minorities, and veterans. The PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 goal of the NCEAI is to help the USPTO develop a national strategy to build a more demographically, geographically, and economically inclusive innovation ecosystem. To assist in the development of this strategy, the USPTO is seeking input from the public. DATES: Comment Deadline: To be ensured of consideration, written comments must be received by February 8, 2021. ADDRESSES: Comments must be submitted through the Federal eRulemaking Portal at www.regulations.gov. To submit comments via the portal, enter docket number PTO–P–2020–0057 on the homepage and click ‘‘search.’’ The site will provide a search results page listing all documents associated with this docket. Find a reference to this notice and click on the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. Attachments to electronic comments will be accepted in ADOBE® portable document format or MICROSOFT WORD® format. Because written comments and testimony will be made available for public inspection, information that a respondent does not desire to be made public, such as a phone number, should not be included in the testimony or written comments. FOR FURTHER INFORMATION CONTACT: For questions or comments regarding this notice, please send your inquiries to innovationcomment@uspto.gov, or telephone Janine Scianna, Office of Governmental Affairs, at 571–272–0502. SUPPLEMENTARY INFORMATION: To maintain the United States’ economic competitiveness on the world stage, it is imperative for our nation to encourage individuals from all backgrounds and areas of the country to participate in the innovation ecosystem, particularly in obtaining intellectual property rights. However, research reveals patterns of disparity in innovation participation rates for women, people of color, veterans, economically disadvantaged E:\FR\FM\23DEN1.SGM 23DEN1

Agencies

[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83903-83906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28412]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Patent and Trademark Office


Agency Information Collection Activities; Submission to the 
Office of Management and Budget (OMB) for Review and Approval; Comment 
Request; Admission to Practice and Roster of Registered Patent 
Attorneys and Agents Admitted to Practice Before the United States 
Patent and Trademark Office

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice of information collection; request for comment.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO), in 
accordance with the Paperwork Reduction Act of 1995, invites comments 
on the extension and revision of an existing information collection: 
0651-0012 (Admission to Practice and Roster of Registered Patent 
Attorneys and Agents Admitted to Practice Before the United States 
Patent and Trademark Office). The purpose of this notice is to allow 60 
days for public comment preceding submission of the information 
collection to OMB.

DATES: To ensure consideration, comments regarding this information 
collection must be received on or before February 22, 2021.

ADDRESSES: Interested persons are invited to submit written comments by 
any of the following methods. Do not submit Confidential Business 
Information or otherwise sensitive or protected information.
     Email: [email protected]. Include ``0651-
0012 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Kimberly Hardy, Office of the Chief Administrative 
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 
[email protected] with ``0651-0012 comment'' in the subject line. 
Additional information about this information 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.
    This information collection addresses submissions required by the 
regulations at 37 CFR 1.21, 10.14, and 11.5-11.11, which set forth 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 this 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 this information to administer and 
maintain the public roster of attorneys and agents registered to 
practice before the USPTO, which is accessible through the USPTO 
website. The information in this information 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

    Items in this information collection may be submitted via online 
electronic submissions. Applicants may also submit the information in 
paper form by mail, fax, or hand delivery.

III. Data

    OMB Control Number: 0651-0012.
    Form Numbers:

 PTO-107A: (Data Sheet--Register of Patent Attorneys and 
Agents)
 PTO-107R: (Reinstatement to the Register)
 PTO-107S: (Registration Statement of Patent Attorneys and 
Agents)
 PTO-158: (Application for Registration to Practice Before the 
United States Patent and Trademark Office)
 PTO-158A: (Application for Registration to Practice Before the 
United States Patent and Trademark Office Under 37 CFR 11.6(c) by a 
Foreign Resident)
 PTO 158RA: (Reasonable Accommodation)
 PTO-158T: (Application for Reciprocal Recognition to Practice 
in Trademark Matters Before the United States Patent and Trademark 
Office Under 37 CFR 11.14(c) by a Foreign Attorney or Agent)
 PTO-1209: (Oath or Affirmation)

    Type of Review: Revision of a currently approved information 
collection.
    Affected Public: Individuals or households.
    Estimated Number of Respondents: 21,251 per year.
    Estimated Number of Responses: 30,727 per year.
    Estimated Time per Response: The USPTO estimates that it takes the 
public approximately 5 minutes (0.08 hours) to 7 hours to complete this 
information, depending upon the application. This includes the time to 
gather the necessary information, prepare and maintain the documents, 
and submit the items to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 18,188 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: $7,275,200.

[[Page 83904]]



                                    Table 1--Total Hourly Reporting Burden for Individuals or Households Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Estimated                                                       Estimated
                                                             Estimated        annual      Estimated time     Estimated     Rate \1\ ($/       annual
          Item No.                       Item                 annual         responses     for response    annual burden       hour)        respondent
                                                            respondents       (year)          (hours)       (hour/year)                     cost burden
                                                                                     (a)             (b)     (a) x (b) =             (d)     (c) x (d) =
                                                                                                                     (c)                             (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1                             Application for                      2,474           2,474            0.50           1,237            $400        $494,800
                               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 for                         34              34            0.50              17             400           6,800
                               Registration to Practice
                               Before the United States
                               Patent and Trademark
                               Office (former examiners;
                               examination waived).
                              PTO-158...................
1                             Application for                          6               6            0.50               3             400           1,200
                               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..................
1                             Application for Reciprocal              11              11            0.50               6             400           2,400
                               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..................
2                             Registration Examination    Same as line 1           1,616               7          11,312             400       4,524,800
                               to Become a Registered
                               Practitioner.
3                             Reasonable Accommodation..  Same as line 1              63               4             252             400         100,800
                              PTO 158RA.................
4                             Data Sheet--Register of     Same as line 1             840             0.5             420             400         168,000
                               Patent Attorneys and
                               Agents.
                              PTO-107A..................
5                             Registration Statement of           16,333          16,333            0.25           4,083             400       1,633,200
                               Patent Attorneys and
                               Agents.
                              PTO-107S..................
6                             Oath or Affirmation.......  Same as line 1             840            0.08              67             400          26,800
                              PTO-1209..................
7                             Reinstatement to the                    76              76            0.08               6             400           2,400
                               Register.
                              PTO-107R..................
8                             Change of Registration                 252             252            0.50             126             400          50,400
                               from Agent to Attorney.
                              PTO-158...................
9                             Written Requests                     2,057           3,578            0.08             286             400         114,400
                               (Certificate of Good
                               Standing, Disciplinary
                               History).
10                            Petition to the Director                 7               7            0.75               5             400           2,000
                               of the Office of
                               Enrollment and Discipline
                               under 37 CFR 11.2(c).
11                            Petition to USPTO Director               1               1            0.75               1             400             400
                               under 37 CFR 11.2(d).
                                                         -----------------------------------------------------------------------------------------------
    Total                     ..........................          21,251          26,131  ..............          17,821  ..............       7,128,400
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The USPTO Office of Enrollment and Discipline General Requirements 
Bulletin \2\ recommends that ``an applicant should make and keep a copy 
of every document submitted to the Office in connection with an 
application for registration.'' The USPTO estimates that it will take 
an applicant approximately 5 minutes (0.08 hours) to print and retain a 
copy of the submissions and that approximately 4,596 responses 
requiring record keeping (based on the response numbers from Table 1) 
will be made per year, for a total of 367 hours.
---------------------------------------------------------------------------

    \1\ 2019 Report of the Economic Survey, published by the 
Committee on Economics of Legal Practice of the American 
Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms 
which is $400 per hour.
    \2\ General Requirements Bulletin for Admission to the 
Examination for Registration to Practice in Patent Cases before the 
United States Patent and Trademark Office; https://www.uspto.gov/sites/default/files/documents/OED_GRB.pdf

[[Page 83905]]



                                  Table 2--Total Hourly Recordkeeping Burden for Individuals or Households Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Estimated                                                       Estimated
                                                                              annual      Estimated time     Estimated     Rate \3\ ($/       annual
              Item No.                               Item                    responses     for response    annual burden       hour)        respondent
                                                                              (year)          (hours)       (hour/year)                     cost burden
                                                                                     (a)             (b)     (a) x (b) =             (d)     (c) x (d) =
                                                                                                                     (c)                             (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1                                     Application for Registration to              2,525            0.08             202            $400         $80,800
                                       Practice Before the United States
                                       Patent and Trademark Office.
3                                     Reasonable Accommodation..........              63            0.08               5             400           2,000
4                                     Data Sheet--Register of Patent                 840            0.08              67             400          26,800
                                       Attorneys and Agents.
6                                     Oath or Affirmation...............             840            0.08              67             400          26,800
7                                     Reinstatement to the Register.....              76            0.08               6             400           2,400
8                                     Change of Registration from Agent              252            0.08              20             400           8,000
                                       to Attorney.
                                                                         -------------------------------------------------------------------------------
    Totals                            ..................................           4,596  ..............             367  ..............         146,800
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual (Non-hour) Respondent Cost Burden: $875,706. 
There are no capital start-up or maintenance costs associated with this 
information collection. There are, however, non-hour costs due to 
filing fees, postage costs, and notary fees.
---------------------------------------------------------------------------

    \3\ 2019 Report of the Economic Survey, published by the 
Committee on Economics of Legal Practice of the American 
Intellectual Property Law Association (AIPLA); https://www.aipla.org/detail/journal-issue/2019-report-of-the-economic-survey. The USPTO uses the mean rate for attorneys in private firms 
which is $400 per hour.
---------------------------------------------------------------------------

    There are filing fees associated with this information collection. 
The application fees for registration to practice before the USPTO vary 
depending on whether the applicant is a current applicant, a former 
examiner, a foreign resident, or seeking reinstatement to the Register. 
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 $865,958.

                                              Table 3--Filing Fees
----------------------------------------------------------------------------------------------------------------
                                                                                                  Total non-hour
                                                                     Responses                      respondent
           Item No.                           Item                    (year)      Filing fee ($)  cost burden ($/
                                                                                                       hour)
                                                                             (a)             (b)     (a) x (b) =
                                                                                                             (c)
----------------------------------------------------------------------------------------------------------------
1                              Non-Refundable Application Fee              2,474            $110        $272,140
                                for 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               34             110           3,740
                                to Practice Before the United
                                States Patent and Trademark
                                Office, as applicable when used
                                for registration fees only
                                (former examiners; examination
                                waived).
1                              Application for Registration to                 6             110             660
                                Practice Before the United
                                States Patent and Trademark
                                Office Under 37 CFR 11.6(c) by a
                                Foreign Resident (examination
                                waived).
1                              Application Fee for Reciprocal                 11             110           1,210
                                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).
1                              Non-Refundable Application Fee                  7           1,680          11,760
                                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).
2                              Registration examination fee for            1,616             173         279,568
                                administration of computerized
                                examination to become a
                                registered patent practitioner
                                administered by a commercial
                                entity (computer exam).
2                              For administered review of                    300             205          61,500
                                Registration Examination by a
                                commercial entity (computer
                                exam).
2                              Registration examination fee for                1             470             470
                                administration of computerized
                                examination to become a
                                registered patent practitioner
                                administered by the USPTO (USPTO-
                                administered exam).
2                              For USPTO-Administered Review of                1             470             470
                                Registration Examination.
4                              On Registration to Practice Under             840             210         176,400
                                37 CFR 11.6. On Grant of Limited
                                Recognition Under 37 CFR 11.9(b).
7                              Reinstatement to the Register....              76             210          15,960
8                              On Change of Registration from                252             110          27,720
                                Agent to Attorney.
14                             Certificate of Good Standing as               275              40          11,000
                                an Attorney or Agent, Standard.

[[Page 83906]]

 
10                             Petition to the Director of the                 7             420           2,940
                                Office of Enrollment and
                                Discipline under 37 CFR 11.2(c).
11                             Review of Decision of the                       1             420             420
                                Director of Enrollment and
                                Discipline Under 37 CFR 11.2(d).
                                                                 -----------------------------------------------
    Totals                     .................................           5,901  ..............         865,958
----------------------------------------------------------------------------------------------------------------

    Postage costs are also associated with this information collection. 
The USPTO estimates that the average postage cost for a mailed 
submission, depending upon the item sent, will be $0.55. The USPTO 
estimates that with 2,450 mailed submissions, the postage costs in this 
information collection will be $1,348.
    Additional costs are incurred for new Patent Bar members who are 
required to obtain and submit an Oath or Affirmation. These items 
usually require the services of a public notary. The cost of a 
notarized document is dependent upon local rules, but is estimated by 
USPTO to average $10. The cost of 840 Oaths is estimated to be $8,400.
    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this information collection, in the form of filing 
fees, postage, and notary fees is $875,706.
    Respondent's Obligation: Required to obtain or retain benefits.

IV. Request for Comments

    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 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.
    All comments submitted in response to this notice are a matter of 
public record. USPTO will include or summarize each comment in the 
request to OMB to approve this information collection. Before including 
an address, phone number, email address, or other personal identifying 
information in a comment, be aware that the entire comment--including 
personal identifying information--may be made publicly available at any 
time. While you may ask in your comment to withhold personal 
identifying information from public view, USPTO cannot guarantee that 
it will be able to do so.

Kimberly Hardy,
Information Collections Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2020-28412 Filed 12-22-20; 8:45 am]
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