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]
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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: https://
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 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.
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
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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
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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 $400 per hour.
2 General Requirements Bulletin for Admission to
the Examination for Registration to Practice in
Patent Cases before the United States Patent and
Trademark Office; https://www.uspto.gov/sites/
default/files/documents/OED_GRB.pdf
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E:\FR\FM\23DEN1.SGM
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83905
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
TABLE 2—TOTAL HOURLY RECORDKEEPING BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS
Item No.
1
3
4
6
7
8
Totals
Item
Estimated
annual
responses
(year)
Estimated
time for
response
(hours)
Estimated
annual burden
(hour/year)
Rate 3
($/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
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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 $400 per hour.
E:\FR\FM\23DEN1.SGM
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Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices
TABLE 3—FILING FEES—Continued
Item No.
10
11
Totals
Item
jbell on DSKJLSW7X2PROD with NOTICES
Filing fee
($)
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
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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: https://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 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.
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]
BILLING CODE 3510-16-P
