New Implementation Date for Patent Practitioner Registration Statement and Continuing Legal Education Certification, 30920-30921 [2021-12149]

Agencies

• DEPARTMENT OF COMMERCE
• Patent and Trademark Office

[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30920-30921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12149]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-C-2021-0016]


New Implementation Date for Patent Practitioner Registration 
Statement and Continuing Legal Education Certification

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

ACTION: Notice of revised implementation date.

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SUMMARY: The United States Patent and Trademark Office (USPTO or 
Office) is delaying the implementation of the biennial mandatory 
registration statement required from registered patent practitioners 
and individuals granted limited recognition to practice before the 
USPTO in patent matters until November 1, 2024. However, beginning in 
the spring of 2022, registered patent practitioners and individuals 
granted recognition to practice before the USPTO in patent matters may 
voluntarily certify that they have completed six credit hours of 
continuing legal education (CLE) in the preceding 24 months.

DATES: New Implementation Date: The USPTO anticipates that the 
registration statement will first be collected on November 1, 2024. The 
voluntary certification of CLE will commence in the spring of 2022.

FOR FURTHER INFORMATION CONTACT: William Covey, Deputy General Counsel 
and Director OED, at 571-272-4097. Please direct media inquiries to the 
USPTO's Office of the Chief Communications Officer at 571-272-8400.

SUPPLEMENTARY INFORMATION: Pursuant to the final rule, Setting and 
Adjusting Patent Fees During Fiscal Year 2020, 85 FR 46932 (Aug. 3, 
2020), registered patent practitioners and individuals granted limited 
recognition to practice before the USPTO in patent matters may be 
required to biennially submit a mandatory registration statement. See 
37 CFR 11.11(a)(2). The final rule also provided that registered patent 
practitioners and individuals granted limited recognition to practice 
before the USPTO in patent matters who have completed six credits of 
CLE in the preceding 24 months (including five hours of CLE in patent 
law and practice and one hour of CLE in ethics) may voluntarily certify 
such completion to the OED Director. 37 CFR 11.11(a)(3)(i). In the 
final rule, the USPTO anticipated that practitioners would first be 
required to submit a registration statement in the spring of 2022, and 
that patent practitioners would make the voluntary CLE certification, 
if desired, when submitting the registration statement. 85 FR 46932, at 
46948.
    On October 9, 2020, the USPTO published proposed CLE guidelines 
with a request for comments in the Federal Register, seeking public 
input on the guidelines. 85 FR 64128. The request for comments closed 
on January 7, 2021. The USPTO received 26 comments, addressing both the 
proposed CLE guidelines and the provisions of the final patent fee rule 
which establish the biennial electronic registration statement.
    After considering numerous factors, the USPTO has decided to delay 
the implementation of the registration statement. The decision to delay 
is based, in part, on the USPTO's consideration of public comments 
received regarding the registration statement in response to the 
request for public comments on the proposed CLE guidelines. The USPTO's 
decision is also based on a close analysis of operational priorities 
and budget. The USPTO notes that delaying

[[Page 30921]]

implementation of the registration statement will allow the Office to 
conserve resources by integrating the registration statement with other 
USPTO information systems. Based on these considerations, the USPTO 
anticipates that the registration statement will first be collected on 
November 1, 2024. Once a new date for collection of the registration 
statement is certain, the public will be given at least 120 days 
advance notice.
    However, as stated in the 2020 patent fee rule, the USPTO will 
proceed with the voluntary CLE certification beginning in the spring of 
2022. Prior to the implementation of the registration statement (i.e., 
prior to November 1, 2024), registered patent practitioners and 
individuals granted limited recognition to practice in patent matters 
before the Office may voluntarily certify their CLE completion in 
accordance with 37 CFR 11.11(a)(3)(i) by logging into the Office of 
Enrollment and Discipline Information System--Customer Interface 
(OEDIS-CI), available at https://oedci.uspto.gov/OEDCI/SignInServlet. 
As registered patent practitioners and individuals granted limited 
recognition to practice in patent matters before the USPTO already use 
the OEDIS-CI system to update other information with OED, the USPTO 
believes that it will be efficient and convenient for practitioners to 
make the voluntary CLE certification, if they wish, through this same 
system. The USPTO will issue more specific guidance and instructions 
for making the certification in subsequent months.

Andrew Hirshfeld,
Commissioner for Patents, Performing the Functions and Duties of the 
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2021-12149 Filed 6-9-21; 8:45 am]
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