Agency Information Collection Activities; Submission to the Office of Management and Budget (OMB) for Review and Approval; Comment Request; Representative and Address Provisions, 50086-50089 [2021-19202]
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50086
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
Dated: August 31, 2021.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Agenda
[FR Doc. 2021–19147 Filed 9–3–21; 8:45 am]
The Groundfish Committee will
review the recommendations from the
Recreational Advisory Panel and
Groundfish Advisory Panel. They will
also discuss development of draft
Framework Adjustment 63/
Specifications and Management
Measures, specifically, (1) Set 2022 total
allowable catches for U.S./Canada
management units of Eastern Georges
Bank (GB) cod and Eastern GB haddock,
and 2022–23 specifications for the GB
yellowtail flounder stock, (2) Set 2022–
24 specifications for GB cod and Gulf of
Maine (GOM) cod, and possibly adjust
2022 specifications for GB haddock and
GOM haddock, (3) Adjust 2022
specifications for white hake based on
the rebuilding plan, (4) Adopt
additional measures to promote stock
rebuilding, and (5) Develop alternatives
to the current default system. The
Committee also plans to receive an
overview of the Atlantic Cod Stock
Structure Management Workshops.
They will continue the preliminary
discussion of possible 2022 Council
priorities for groundfish and make
recommendations as appropriate to the
Council. Other business will be
discussed as necessary.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
sradovich on DSKJLST7X2PROD with NOTICES
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
(Authority: 16 U.S.C. 1801 et seq.)
VerDate Sep<11>2014
00:30 Sep 04, 2021
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BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Representative and Address
Provisions
United States Patent and
Trademark Office, Department of
Commerce.
ACTION: Notice of information collection;
request for comment.
AGENCY:
The United States Patent and
Trademark Office (USPTO), as required
by the Paperwork Reduction Act of
1995, invites comments on the
extension and revision of an existing
information collection: 0651–0035
(Representative and Address
Provisions). 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
November 8, 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 ‘‘0651–0035
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 Parikha Mehta,
Legal Advisor, Office of Patent Legal
Administration, United States Patent
and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–3248; or by email
to Parikha.Mehta@uspto.gov. Additional
information about this information
collection is also available at https://
SUMMARY:
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www.reginfo.gov under ‘‘Information
Collection Review.’’
SUPPLEMENTARY INFORMATION:
I. Abstract
This information collection includes
the information necessary to submit a
request to grant or revoke power of
attorney for an application, patent, or
reexamination proceeding, and for a
registered practitioner to withdraw as
attorney or agent of record. This also
includes the information necessary to
change the correspondence address for
an application, patent, or reexamination
proceeding, to request a Customer
Number and manage the
correspondence address and list of
practitioners associated with a Customer
Number, and to designate or change the
correspondence address or fee address
for one or more patents or applications
by using a Customer Number.
Under 35 U.S.C. 2 and 37 CFR 1.31–
1.32, power of attorney may be granted
to one or more joint inventors or a
person who is registered to practice
before the USPTO to act in an
application or a patent. In particular, for
an application filed before September
16, 2012, or for a patent which issued
from an application filed before
September 16, 2012, power of attorney
may be granted by the applicant for
patent (as set forth in 37 CFR 1.41(b)
(pre-AIA)) or the assignee of the entire
interest of the applicant. For an
application filed on or after September
16, 2012, or for a patent which issued
from an application filed on or after
September 16, 2012, power of attorney
may be granted by the applicant for
patent (as set forth in 37 CFR 1.42) or
the patent owner. The USPTO provides
two different versions of the forms for
establishing power of attorney based
upon whether the application filing date
is before or after September 16, 2012, to
thereby reduce applicants’ burden in
having to determine the appropriate
power of attorney requirements for a
given application.
37 CFR 1.36 provides for the
revocation of a power of attorney at any
stage in the proceedings of a case. 37
CFR 1.36 also provides a path by which
a registered patent attorney or patent
agent who has been given a power of
attorney may withdraw as attorney or
agent of record.
The USPTO’s Customer Number
practice permits applicants, patent
owners, assignees, and practitioners of
record, or the representatives of record
for a number of applications or patents,
to change the correspondence address of
a patent application or patent with one
change request instead of filing separate
requests for each patent or application.
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
Any changes to the address or
practitioner information associated with
a Customer Number will be applied to
all patents and applications associated
with said Customer Number.
The Customer Number practice is
optional, in that changes of
correspondence address or power of
attorney may be filed separately for each
patent or application without using a
Customer Number. However, a
Customer Number associated with the
correspondence address for a patent
application is required in order to
access private information about the
application using the Patent Application
Information Retrieval (PAIR) system,
which is available through the USPTO
website. The use of a Customer Number
is also required in order to grant power
of attorney to more than ten
practitioners or to establish a separate
‘‘fee address’’ for maintenance fee
purposes that is different from the
correspondence address for a patent or
application.
II. Method of Collection
Items in this information collection
may be submitted by mail, facsimile,
hand delivery, or online electronic
submissions.
III. Data
OMB Control Number: 0651–0035.
Form Number(s): (AIA= American
Invents; SB = Specimen Book).
• PTO/AIA/80; PTO/SB/80 (Power of
Attorney to Prosecute Applications
Before the USPTO)
• PTO/AIA/81 (Power of Attorney to
one or More of the Joint Inventors and
Change of Correspondence Address)
• PTO/SB/81 (Power of Attorney or
Revocation of Power of Attorney with
a New Power of Attorney and Change
of Correspondence Address)
• PTO/AIA/81A; PTO/SB/81A
(Patent—Power of Attorney or
Revocation of Power of Attorney with
a New Power of Attorney and Change
of Correspondence Address)
• PTO/AIA/81B (Reexamination or
Supplemental Examination—Patent
Owner Power of Attorney or
Revocation of Power of Attorney With
a New Power of Attorney and Change
of Correspondence Address for
Reexamination or Supplemental
Examination and Patent)
• PTO/SB/81B (Reexamination—Patent
Owner Power of Attorney or
Revocation of Power of Attorney with
a New Power of Attorney and Change
of Correspondence Address)
• PTO/SB/81C (Reexamination—Third
Party Requester Power of Attorney or
Revocation of Power of Attorney with
a New Power of Attorney and Change
of Correspondence Address)
• PTO/AIA/82A; PTO/AIA/82B; PTO/
AIA/82C (Transmittal for Power of
Attorney To One Or More Registered
•
•
•
•
Practitioners/Power Of Attorney By
Applicant)
PTO/AIA/83; PTO/SB/83 (Request for
Withdrawal as Attorney or Agent and
Change of Correspondence Address)
PTO/SB/124 (Request for Customer
Number Data Change)
PTO/SB/125 (Request for Customer
Number)
PTO–2248 (Request to Update a PCT
Application with a Customer Number)
Type of Review: Revision of a
currently approved information
collection.
Affected Public: Private sector;
individuals or households.
Estimated Number of Respondents:
184,743 respondents per year.
Estimated Number of Responses:
226,573 responses per year.
Estimated Time per Response: The
USPTO estimates that the response time
for activities related to Representative
Address Provisions will take the public
between 0.20 hours (12 minutes) to 1.5
hours (90 minutes) to complete. This
includes the time to gather the
necessary information, create the
document, and submit the completed
request to the USPTO.
Estimated Total Annual Respondent
Burden Hours: 111,104 hours.
Estimated Total Annual Respondent
Hourly Cost Burden: $16,561,175.
TABLE 1—TOTAL HOURLY BURDEN FOR PRIVATE SECTOR RESPONDENTS
Item No.
1 ..................
2 ..................
3 ..................
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4 ..................
5 ..................
6 ..................
VerDate Sep<11>2014
Estimated
annual
respondents
Item
Power of Attorney to Prosecute Applications Before the USPTO. PTO/
AIA/80, PTO/SB/80.
Power of Attorney or Revocation of
Power of Attorney with a New
Power of Attorney and Change of
Correspondence.
PTO/AIA/82A,
PTO/AIA/82B, PTO/AIA/82C.
Patent—Power of Attorney or Revocation of Power of Attorney with a New
Power of Attorney and Change of
Correspondence Address. PTO/AIA/
81, PTO/SB/81, PTO/AIA/81A, PTO/
SB/81A.
Reexamination—Patent Owner Power
of Attorney or Revocation of Power
of Attorney with a New Power of Attorney and Change of Correspondence Address. PTO/AIA/81B PTO/
SB/81B.
Reexamination—Third
Party
Requester Power of Attorney or Revocation of Power of Attorney with a
New Power of Attorney and Change
of Correspondence Address. PTO/
SB/81C.
Request for Withdrawal as Attorney or
Agent and Change of Correspondence Address. PTO/AIA/83, PTO/
SB/83.
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Estimated
annual
responses
(year)
Estimated time for
response
(hour)
Estimated
annual
burden
(hour/year)
Rate 1
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
2,425
2,910
0.5 (30 minutes) ........
1,455
$145
$210,975
165,870
204,670
0.5 (30 minutes) ........
102,335
145
14,838,575
165
194
0.5 (30 minutes) ........
97
145
14,065
29
29
0.5 (30 minutes) ........
15
145
2,175
24
24
0.5 (30 minutes) ........
12
145
1,740
2,134
3,395
0.5 (30 minutes) ........
1,698
400
679,200
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Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
TABLE 1—TOTAL HOURLY BURDEN FOR PRIVATE SECTOR RESPONDENTS—Continued
Item No.
7 ..................
8 ..................
9 ..................
10 ................
11 ................
12 ................
Totals ...
Estimated
annual
respondents
Item
Petition Under 37 CFR 1.36(a) to Revoke Power of Attorney by Fewer
than All the Applicants.
Petition to Waive 37 CFR 1.32(b)(4)
and Grant Power of Attorney by
Fewer than All the Applicants.
Request for Customer Number Data
Change. PTO/SB/124.
Request for Customer Number. PTO/
SB/125.
Customer Number Upload Spreadsheet.
Request to Update a PCT Application
with a Customer Number. PTO–
2248.
..............................................................
Estimated
annual
responses
(year)
Estimated time for
response
(hour)
Estimated
annual
burden
(hour/year)
Rate 1
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
9
9
1 (60 minutes) ...........
9
400
3,600
9
9
1 (60 minutes) ...........
9
400
3,600
1,067
1,067
0.2 (12 minutes) ........
213
145
30,885
6,111
6,111
0.2 (12 minutes) ........
1,222
145
177,190
291
291
1.5 (90 minutes) ........
437
145
63,365
1,067
1,067
0.25 (15 minutes) ......
267
145
38,715
179,201
219,776
....................................
107,769
........................
16,064,085
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.
The hourly rate for paraprofessional/paralegals is estimated at $145 from data published in the 2018 Utilization and Compensation Survey by the National Association
of Legal Assistants (NALA); https://www.nala.org/paralegals/research-and-survey-findings.
TABLE 2—TOTAL HOURLY BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS
Item No.
1 ..................
2 ..................
3 ..................
4 ..................
5 ..................
6 ..................
9 ..................
10 ................
sradovich on DSKJLST7X2PROD with NOTICES
11 ................
12 ................
Totals ...
Estimated
annual
respondents
Item
Power of Attorney to Prosecute Applications Before the USPTO. PTO/
AIA/80, PTO/SB/80.
Power of Attorney or Revocation of
Power of Attorney with a New
Power of Attorney and Change of
Correspondence.
PTO/AIA/82A,
PTO/AIA/82B, PTO/AIA/82C.
Patent—Power of Attorney or Revocation of Power of Attorney with a New
Power of Attorney and Change of
Correspondence Address. PTO/AIA/
81, PTO/SB/81, PTO/AIA/81A, PTO/
SB/81A.
Reexamination—Patent Owner Power
of Attorney or Revocation of Power
of Attorney with a New Power of Attorney and Change of Correspondence Address. PTO/AIA/81B, PTO/
SB/81B.
Reexamination—Third
Party
Requester Power of Attorney or Revocation of Power of Attorney with a
New Power of Attorney and Change
of Correspondence Address. PTO/
SB/81C.
Request for Withdrawal as Attorney or
Agent and Change of Correspondence Address. PTO/AIA/83, PTO/
SB/83.
Request for Customer Number Data
Change. PTO/SB/124.
Request for Customer Number. PTO/
SB/125.
Customer Number Upload Spreadsheet.
Request to Update a PCT Application
with a Customer Number. PTO–
2248.
..............................................................
Estimated
annual
responses
(year)
Estimated time for
response
(hour)
Estimated
annual
burden
(hour/year)
Rate 2
($/hour)
Estimated
annual
respondent
cost burden
(a)
(b)
(a) × (b) = (c)
(d)
(c) × (d) = (e)
75
90
0.5 (30 minutes) ........
45
$145
$6,525
5,130
6,330
0.5 (30 minutes) ........
3,165
145
458,925
5
6
0.5 (30 minutes) ........
3
145
435
1
1
0.5 (30 minutes) ........
1
145
145
1
1
0.5 (30 minutes) ........
1
145
145
66
105
0.5 (30 minutes) ........
53
400
21,200
33
33
0.2 (12 minutes) ........
7
145
1,015
189
189
0.2 (12 minutes) ........
38
145
5,510
9
9
1.5 (90 minutes) ........
14
145
2,030
33
33
0.25 (15 minutes) ......
8
145
1,160
5,542
6,797
....................................
3,335
........................
497,090
2 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.
The hourly rate for paraprofessional/paralegals is estimated at $145 from data published in the 2018 Utilization and Compensation Survey by the National Association
of Legal Assistants (NALA); https://www.nala.org/paralegals/research-and-survey-findings.
VerDate Sep<11>2014
00:30 Sep 04, 2021
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50089
Federal Register / Vol. 86, No. 170 / Tuesday, September 7, 2021 / Notices
The USPTO published a 60-day notice
in the Federal Register in support of the
renewal of this collection on January 15,
2021. In response to public feedback
received regarding the January 2021 60day notice, and after further
consideration of the estimated times for
response for items 1–6, the USPTO has
increased the estimated times for
response for items 1–5 from 3 minutes
to 30 minutes and the estimated time for
response for item 6 from 12 minutes to
30 minutes.
Estimated Total Annual Non-hour
Respondent Cost Burden: $26,686.
There are no capital start-up,
maintenance, or recordkeeping costs
associated with this information
collection. However, USPTO estimates
that the total annual (non-hour) cost
Item No.
8 ............................
Total ...............
The two petitions in this information
collection have associated filing fees
under 37 CFR 1.17(f), resulting in
$8,000 in filing fees.
Estimated
annual
responses
Filing fee
($)
Total non-hour
cost burden
(a)
(b)
(a) × (b) = (c)
Petitions Under 37 CFR 1.36(a) to Revoke Power of Attorney by Fewer than All the Applicants.
Petitions to Waive 37 CFR 1.32(b)(4) and Grant Power of Attorney by Fewer than All the
Applicants.
....................................................................................................................................................
Postage Costs
Although the USPTO prefers that the
items in this information collection be
submitted electronically, responses may
be submitted by mail through the
United States Postal Service (USPS).
The USPTO estimates that 1% of the
226,573 items will be submitted in the
mail resulting in 2,265 mailed items.
The USPTO estimates that the average
postage cost for a mailed submission,
using a Priority Mail 2-day flat rate legal
envelope, will be $8.25. Therefore, the
USPTO estimates the total mailing costs
for this information collection at
$18,686.
Respondent’s Obligation: Required to
obtain or retain benefits.
IV. Request for Comments
sradovich on DSKJLST7X2PROD with NOTICES
Filing Fees
Item
7 ............................
00:30 Sep 04, 2021
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
personally identifiable information (PII)
in a comment, be aware that the entire
comment— including PII—may be made
publicly available at any time. While
you may ask in your comment to
withhold PII 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. 2021–19202 Filed 9–3–21; 8:45 am]
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.
VerDate Sep<11>2014
burden for this information collection,
in the form of filing fees and postage is
$26,686.
Jkt 253001
BILLING CODE 3510–16–P
COMMITTEE FOR PURCHASE FROM
PEOPLE WHO ARE BLIND OR
SEVERELY DISABLED
Procurement List; Additions
Committee for Purchase From
People Who Are Blind or Severely
Disabled.
ACTION: Additions to the procurement
list.
AGENCY:
This action adds service(s) to
the Procurement List that will be
furnished by nonprofit agencies
employing persons who are blind or
have other severe disabilities.
DATES: Date added to and deleted from
the Procurement List: September 16,
2021; September 22, 2021; September
29, 2021.
ADDRESSES: Committee for Purchase
From People Who Are Blind or Severely
SUMMARY:
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10
$400.00
$4,000
10
400.00
4,000
........................
........................
8,000
Disabled, 1401 S Clark Street, Suite 715,
Arlington, Virginia 22202–4149.
FOR FURTHER INFORMATION CONTACT:
Michael R. Jurkowski, Telephone: (703)
785–6404, or email CMTEFedReg@
AbilityOne.gov.
SUPPLEMENTARY INFORMATION:
Additions
On 6/11/2021, 6/18/2021, and 6/25/
2021, the Committee for Purchase From
People Who Are Blind or Severely
Disabled published notice of proposed
additions to the Procurement List. This
notice is published pursuant to 41
U.S.C. 8503 (a)(2) and 41 CFR 51–2.3.
After consideration of the material
presented to it concerning capability of
qualified nonprofit agencies to provide
the service(s) and impact of the
additions on the current or most recent
contractors, the Committee has
determined that the service(s) listed
below are suitable for procurement by
the Federal Government under 41 U.S.C.
8501–8506 and 41 CFR 51–2.4.
Regulatory Flexibility Act Certification
I certify that the following action will
not have a significant impact on a
substantial number of small entities.
The major factors considered for this
certification were:
1. The action will not result in any
additional reporting, recordkeeping or
other compliance requirements for small
entities other than the small
organizations that will furnish the
product(s) and service(s) to the
Government.
2. The action will result in
authorizing small entities to furnish the
product(s) and service(s) to the
Government.
3. There are no known regulatory
alternatives which would accomplish
07SEN1
]]>Agencies
[Federal Register Volume 86, Number 170 (Tuesday, September 7, 2021)]
[Notices]
[Pages 50086-50089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19202]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
Agency Information Collection Activities; Submission to the
Office of Management and Budget (OMB) for Review and Approval; Comment
Request; Representative and Address Provisions
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), as
required by the Paperwork Reduction Act of 1995, invites comments on
the extension and revision of an existing information collection: 0651-
0035 (Representative and Address Provisions). 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 November 8, 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-
0035 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 Parikha Mehta, Legal Advisor, Office of Patent
Legal Administration, United States Patent and Trademark Office, P.O.
Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-3248; or
by email to [email protected]. Additional information about this
information collection is also available at https://www.reginfo.gov
under ``Information Collection Review.''
SUPPLEMENTARY INFORMATION:
I. Abstract
This information collection includes the information necessary to
submit a request to grant or revoke power of attorney for an
application, patent, or reexamination proceeding, and for a registered
practitioner to withdraw as attorney or agent of record. This also
includes the information necessary to change the correspondence address
for an application, patent, or reexamination proceeding, to request a
Customer Number and manage the correspondence address and list of
practitioners associated with a Customer Number, and to designate or
change the correspondence address or fee address for one or more
patents or applications by using a Customer Number.
Under 35 U.S.C. 2 and 37 CFR 1.31-1.32, power of attorney may be
granted to one or more joint inventors or a person who is registered to
practice before the USPTO to act in an application or a patent. In
particular, for an application filed before September 16, 2012, or for
a patent which issued from an application filed before September 16,
2012, power of attorney may be granted by the applicant for patent (as
set forth in 37 CFR 1.41(b) (pre-AIA)) or the assignee of the entire
interest of the applicant. For an application filed on or after
September 16, 2012, or for a patent which issued from an application
filed on or after September 16, 2012, power of attorney may be granted
by the applicant for patent (as set forth in 37 CFR 1.42) or the patent
owner. The USPTO provides two different versions of the forms for
establishing power of attorney based upon whether the application
filing date is before or after September 16, 2012, to thereby reduce
applicants' burden in having to determine the appropriate power of
attorney requirements for a given application.
37 CFR 1.36 provides for the revocation of a power of attorney at
any stage in the proceedings of a case. 37 CFR 1.36 also provides a
path by which a registered patent attorney or patent agent who has been
given a power of attorney may withdraw as attorney or agent of record.
The USPTO's Customer Number practice permits applicants, patent
owners, assignees, and practitioners of record, or the representatives
of record for a number of applications or patents, to change the
correspondence address of a patent application or patent with one
change request instead of filing separate requests for each patent or
application.
[[Page 50087]]
Any changes to the address or practitioner information associated with
a Customer Number will be applied to all patents and applications
associated with said Customer Number.
The Customer Number practice is optional, in that changes of
correspondence address or power of attorney may be filed separately for
each patent or application without using a Customer Number. However, a
Customer Number associated with the correspondence address for a patent
application is required in order to access private information about
the application using the Patent Application Information Retrieval
(PAIR) system, which is available through the USPTO website. The use of
a Customer Number is also required in order to grant power of attorney
to more than ten practitioners or to establish a separate ``fee
address'' for maintenance fee purposes that is different from the
correspondence address for a patent or application.
II. Method of Collection
Items in this information collection may be submitted by mail,
facsimile, hand delivery, or online electronic submissions.
III. Data
OMB Control Number: 0651-0035.
Form Number(s): (AIA= American Invents; SB = Specimen Book).
PTO/AIA/80; PTO/SB/80 (Power of Attorney to Prosecute
Applications Before the USPTO)
PTO/AIA/81 (Power of Attorney to one or More of the Joint
Inventors and Change of Correspondence Address)
PTO/SB/81 (Power of Attorney or Revocation of Power of
Attorney with a New Power of Attorney and Change of Correspondence
Address)
PTO/AIA/81A; PTO/SB/81A (Patent--Power of Attorney or
Revocation of Power of Attorney with a New Power of Attorney and Change
of Correspondence Address)
PTO/AIA/81B (Reexamination or Supplemental Examination--Patent
Owner Power of Attorney or Revocation of Power of Attorney With a New
Power of Attorney and Change of Correspondence Address for
Reexamination or Supplemental Examination and Patent)
PTO/SB/81B (Reexamination--Patent Owner Power of Attorney or
Revocation of Power of Attorney with a New Power of Attorney and Change
of Correspondence Address)
PTO/SB/81C (Reexamination--Third Party Requester Power of
Attorney or Revocation of Power of Attorney with a New Power of
Attorney and Change of Correspondence Address)
PTO/AIA/82A; PTO/AIA/82B; PTO/AIA/82C (Transmittal for Power
of Attorney To One Or More Registered Practitioners/Power Of Attorney
By Applicant)
PTO/AIA/83; PTO/SB/83 (Request for Withdrawal as Attorney or
Agent and Change of Correspondence Address)
PTO/SB/124 (Request for Customer Number Data Change)
PTO/SB/125 (Request for Customer Number)
PTO-2248 (Request to Update a PCT Application with a Customer
Number)
Type of Review: Revision of a currently approved information
collection.
Affected Public: Private sector; individuals or households.
Estimated Number of Respondents: 184,743 respondents per year.
Estimated Number of Responses: 226,573 responses per year.
Estimated Time per Response: The USPTO estimates that the response
time for activities related to Representative Address Provisions will
take the public between 0.20 hours (12 minutes) to 1.5 hours (90
minutes) to complete. This includes the time to gather the necessary
information, create the document, and submit the completed request to
the USPTO.
Estimated Total Annual Respondent Burden Hours: 111,104 hours.
Estimated Total Annual Respondent Hourly Cost Burden: $16,561,175.
Table 1--Total Hourly Burden For Private Sector Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated
Estimated annual Estimated time for Estimated Rate \1\ ($/ annual
Item No. Item annual responses response (hour) annual burden hour) respondent
respondents (year) (hour/year) cost burden
(a) (b)........................ (a) x (b) = (d) (c) x (d) =
(c) (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................ Power of Attorney to 2,425 2,910 0.5 (30 minutes)........... 1,455 $145 $210,975
Prosecute Applications
Before the USPTO. PTO/
AIA/80, PTO/SB/80.
2................ Power of Attorney or 165,870 204,670 0.5 (30 minutes)........... 102,335 145 14,838,575
Revocation of Power of
Attorney with a New
Power of Attorney and
Change of
Correspondence. PTO/AIA/
82A, PTO/AIA/82B, PTO/
AIA/82C.
3................ Patent--Power of 165 194 0.5 (30 minutes)........... 97 145 14,065
Attorney or Revocation
of Power of Attorney
with a New Power of
Attorney and Change of
Correspondence Address.
PTO/AIA/81, PTO/SB/81,
PTO/AIA/81A, PTO/SB/81A.
4................ Reexamination--Patent 29 29 0.5 (30 minutes)........... 15 145 2,175
Owner Power of Attorney
or Revocation of Power
of Attorney with a New
Power of Attorney and
Change of
Correspondence Address.
PTO/AIA/81B PTO/SB/81B.
5................ Reexamination--Third 24 24 0.5 (30 minutes)........... 12 145 1,740
Party Requester Power
of Attorney or
Revocation of Power of
Attorney with a New
Power of Attorney and
Change of
Correspondence Address.
PTO/SB/81C.
6................ Request for Withdrawal 2,134 3,395 0.5 (30 minutes)........... 1,698 400 679,200
as Attorney or Agent
and Change of
Correspondence Address.
PTO/AIA/83, PTO/SB/83.
[[Page 50088]]
7................ Petition Under 37 CFR 9 9 1 (60 minutes)............. 9 400 3,600
1.36(a) to Revoke Power
of Attorney by Fewer
than All the Applicants.
8................ Petition to Waive 37 CFR 9 9 1 (60 minutes)............. 9 400 3,600
1.32(b)(4) and Grant
Power of Attorney by
Fewer than All the
Applicants.
9................ Request for Customer 1,067 1,067 0.2 (12 minutes)........... 213 145 30,885
Number Data Change. PTO/
SB/124.
10............... Request for Customer 6,111 6,111 0.2 (12 minutes)........... 1,222 145 177,190
Number. PTO/SB/125.
11............... Customer Number Upload 291 291 1.5 (90 minutes)........... 437 145 63,365
Spreadsheet.
12............... Request to Update a PCT 1,067 1,067 0.25 (15 minutes).......... 267 145 38,715
Application with a
Customer Number. PTO-
2248.
------------------------------------------------------------------------------------------------------------
Totals....... ........................ 179,201 219,776 ........................... 107,769 .............. 16,064,085
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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. The hourly rate for paraprofessional/paralegals is estimated at $145 from data published in the 2018 Utilization and
Compensation Survey by the National Association of Legal Assistants (NALA); https://www.nala.org/paralegals/research-and-survey-findings.
Table 2--Total Hourly Burden For Individuals or Households Respondents
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated
Estimated annual Estimated time for Estimated Rate \2\ ($/ annual
Item No. Item annual responses response (hour) annual burden hour) respondent
respondents (year) (hour/year) cost burden
(a) (b)........................ (a) x (b) = (d) (c) x (d) =
(c) (e)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1................ Power of Attorney to 75 90 0.5 (30 minutes)........... 45 $145 $6,525
Prosecute Applications
Before the USPTO. PTO/
AIA/80, PTO/SB/80.
2................ Power of Attorney or 5,130 6,330 0.5 (30 minutes)........... 3,165 145 458,925
Revocation of Power of
Attorney with a New
Power of Attorney and
Change of
Correspondence. PTO/AIA/
82A, PTO/AIA/82B, PTO/
AIA/82C.
3................ Patent--Power of 5 6 0.5 (30 minutes)........... 3 145 435
Attorney or Revocation
of Power of Attorney
with a New Power of
Attorney and Change of
Correspondence Address.
PTO/AIA/81, PTO/SB/81,
PTO/AIA/81A, PTO/SB/81A.
4................ Reexamination--Patent 1 1 0.5 (30 minutes)........... 1 145 145
Owner Power of Attorney
or Revocation of Power
of Attorney with a New
Power of Attorney and
Change of
Correspondence Address.
PTO/AIA/81B, PTO/SB/81B.
5................ Reexamination--Third 1 1 0.5 (30 minutes)........... 1 145 145
Party Requester Power
of Attorney or
Revocation of Power of
Attorney with a New
Power of Attorney and
Change of
Correspondence Address.
PTO/SB/81C.
6................ Request for Withdrawal 66 105 0.5 (30 minutes)........... 53 400 21,200
as Attorney or Agent
and Change of
Correspondence Address.
PTO/AIA/83, PTO/SB/83.
9................ Request for Customer 33 33 0.2 (12 minutes)........... 7 145 1,015
Number Data Change. PTO/
SB/124.
10............... Request for Customer 189 189 0.2 (12 minutes)........... 38 145 5,510
Number. PTO/SB/125.
11............... Customer Number Upload 9 9 1.5 (90 minutes)........... 14 145 2,030
Spreadsheet.
12............... Request to Update a PCT 33 33 0.25 (15 minutes).......... 8 145 1,160
Application with a
Customer Number. PTO-
2248.
------------------------------------------------------------------------------------------------------------
Totals....... ........................ 5,542 6,797 ........................... 3,335 .............. 497,090
--------------------------------------------------------------------------------------------------------------------------------------------------------
\2\ 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. The hourly rate for paraprofessional/paralegals is estimated at $145 from data published in the 2018 Utilization and
Compensation Survey by the National Association of Legal Assistants (NALA); https://www.nala.org/paralegals/research-and-survey-findings.
[[Page 50089]]
The USPTO published a 60-day notice in the Federal Register in
support of the renewal of this collection on January 15, 2021. In
response to public feedback received regarding the January 2021 60-day
notice, and after further consideration of the estimated times for
response for items 1-6, the USPTO has increased the estimated times for
response for items 1-5 from 3 minutes to 30 minutes and the estimated
time for response for item 6 from 12 minutes to 30 minutes.
Estimated Total Annual Non-hour Respondent Cost Burden: $26,686.
There are no capital start-up, maintenance, or recordkeeping costs
associated with this information collection. However, USPTO estimates
that the total annual (non-hour) cost burden for this information
collection, in the form of filing fees and postage is $26,686.
Filing Fees
The two petitions in this information collection have associated
filing fees under 37 CFR 1.17(f), resulting in $8,000 in filing fees.
----------------------------------------------------------------------------------------------------------------
Estimated
Item No. Item annual Filing fee ($) Total non-hour
responses cost burden
(a) (b) (a) x (b) =
(c)
----------------------------------------------------------------------------------------------------------------
7.............................. Petitions Under 37 CFR 1.36(a) 10 $400.00 $4,000
to Revoke Power of Attorney by
Fewer than All the Applicants.
8.............................. Petitions to Waive 37 CFR 10 400.00 4,000
1.32(b)(4) and Grant Power of
Attorney by Fewer than All the
Applicants.
-----------------------------------------------
Total...................... ............................... .............. .............. 8,000
----------------------------------------------------------------------------------------------------------------
Postage Costs
Although the USPTO prefers that the items in this information
collection be submitted electronically, responses may be submitted by
mail through the United States Postal Service (USPS). The USPTO
estimates that 1% of the 226,573 items will be submitted in the mail
resulting in 2,265 mailed items. The USPTO estimates that the average
postage cost for a mailed submission, using a Priority Mail 2-day flat
rate legal envelope, will be $8.25. Therefore, the USPTO estimates the
total mailing costs for this information collection at $18,686.
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 personally
identifiable information (PII) in a comment, be aware that the entire
comment-- including PII--may be made publicly available at any time.
While you may ask in your comment to withhold PII 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. 2021-19202 Filed 9-3-21; 8:45 am]
BILLING CODE 3510-16-P
