82_FR_48689 82 FR 48489 - Representative and Address Provisions

82 FR 48489 - Representative and Address Provisions

DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Federal Register Volume 82, Issue 200 (October 18, 2017)

Page Range48489-48491
FR Document2017-22618

The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)), invites comment on a proposed extension of an existing information collection: 0651-0035 (Representative and Address Provisions).

Federal Register, Volume 82 Issue 200 (Wednesday, October 18, 2017)
[Federal Register Volume 82, Number 200 (Wednesday, October 18, 2017)]
[Notices]
[Pages 48489-48491]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-22618]


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DEPARTMENT OF COMMERCE

United States Patent and Trademark Office


Representative and Address Provisions

ACTION: Proposed collection; comment request.

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SUMMARY: The United States Patent and Trademark Office (USPTO), as 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3506(c)(2)(A)), invites comment on a proposed extension of an existing 
information collection: 0651-0035 (Representative and Address 
Provisions).

DATES: Written comments must be submitted on or before December 18, 
2017.

ADDRESSES: You may submit comments by any of the following methods:
     Email: [email protected]. Include ``0651-
0035 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Marcie Lovett, Records and Information Governance 
Division Director, Office of the Chief Technology 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 Raul Tamayo, Senior Legal Advisor, Office of 
Patent Legal Administration, United States Patent and Trademark Office, 
P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; 
or by email to [email protected].

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 
collection 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 rules of practice (37 CFR 1.33) also provide for a 
correspondence address and daytime telephone number to be supplied for 
receiving notices, official letters, and other communications from the 
USPTO. For an application filed before September 16, 2012, the address 
and number may be supplied by a practitioner of record, all of the 
applicants, or an assignee. In addition, a practitioner not of record 
may supply the address and number for an application filed before 
September 16, 2012, if the practitioner is named in the transmittal 
papers accompanying the original application and if an oath or 
declaration by any of the inventors has yet to be filed. For an 
application filed on or after September 16, 2012, the address and 
number may be supplied by a practitioner of record or the applicant. A 
practitioner not of record who acts in a representative capacity may 
supply the address and number for an application filed on or after 
September 16, 2012, if the practitioner is named in the application 
transmittal papers and if any power of attorney has yet to be 
appointed.
    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. Customers may request a Customer Number from the USPTO and 
associate this Customer Number with a correspondence list or a list of 
registered practitioners. 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 Web site. The PAIR 
system gives authorized individuals secure online access to application 
status information, but only for patent applications that are linked to 
a Customer Number. Customer Numbers may be associated with U.S. patent 
applications as well as international Patent Cooperation Treaty (PCT) 
applications. The use of a Customer Number also is 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.
    Customers may use a Customer Number Upload Spreadsheet to designate 
or change the correspondence address or fee address for a list of 
patents or applications by associating them with a Customer Number. The 
Customer Number Upload Spreadsheet may not be used to change the power 
of attorney for patents or applications. Customers may download a 
Microsoft Excel template with instructions from the USPTO Web site to 
assist them in preparing the spreadsheet in the proper format.

[[Page 48490]]

II. Method of Collection

    By mail, facsimile, hand delivery, or electronically to the USPTO.

III. Data

    OMB Number: 0651-0035.
    Form Numbers: PTO/AIA/80, PTO/AIA/81, PTO/AIA/81B, PTO/AIA/82A, 
PTO/AIA/82B, PTO/AIA/122, PTO/AIA/123, PTO/SB/80, PTO/SB/81, PTO/SB/
81A, PTO/SB/81B, PTO/SB/81C, PTO/SB/83, PTO/SB/84, PTO/SB/124, PTO/SB/
124, and PTO-2248.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals or households; business or other for-
profits; and not-for-profits institutions.
    Estimated Number of Annual Respondents: 501,905 responses per year. 
Estimates for numbers of responses are based on previous respondent 
numbers and the anticipated participation trends over the next three 
years.
    Estimated Time per Response: The USPTO estimates that the response 
time for activities related to Representative Address Provisions will 
take the public between 0.05 hours (3 minutes) to 1.5 hours (90 
minutes) to complete (See Table 1). This includes the time to gather 
the necessary information, create the document, and submit the 
completed request to the USPTO. The USPTO calculates that, on balance, 
it takes the same amount of time to do this, regardless of whether the 
public is submitting the information in paper form or electronically.
    Estimated Total Annual Respondent Burden Hours: 28,479.25 hours.
    Estimated Total Annual Respondent Cost Burden: $4,369,751.25. The 
USPTO expects that Requests for Withdrawal as Attorney or Agent and the 
two petitions in this collection will be prepared by attorneys, while 
the other items in this collection will be prepared by 
paraprofessionals. The professional hourly rate for attorneys is $438 
and the professional hourly rate for paraprofessionals is $145. These 
rates are established by estimates in the 2017 Report on the Economic 
Survey, published by the Committee on Economics of Legal Practice of 
the American Intellectual Property Law Association. Using this hourly 
rate, the USPTO estimates that the total respondent cost burden for 
this collection is $4,369,751.25 per year.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Estimated
         IC No.                       Items               Estimated time for response (hours)      annual       Estimated      Rate ($)      Estimated
                                                                                                 responses    annual burden                 hourly cost
                                                        (a)...................................          (b)     (c) = (a) x          (d)     (e) = (c) x
                                                                                                                        (b)                          (d)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.......................  Power of Attorney to          0.05 (3 minutes)......................        4,000          200.00       145.00      $29,000.00
                           Prosecute Applications
                           Before the USPTO.
2.......................  Power of Attorney or          0.05 (3 minutes)......................      350,000       17,500.00       145.00    2,537,500.00
                           Revocation of Power of
                           Attorney with a New Power
                           of Attorney and Change of
                           Correspondence.
3.......................  Patent--Power of Attorney or  0.05 (3 minutes)......................          300           15.00       145.00        2,175.00
                           Revocation of Power of
                           Attorney with a New Power
                           of Attorney and Change of
                           Correspondence Address.
4.......................  Reexamination--Patent Owner   0.05 (3 minutes)......................          100            5.00       145.00          725.00
                           Power of Attorney or
                           Revocation of Power of
                           Attorney with a New Power
                           of Attorney and Change of
                           Correspondence Address.
5.......................  Reexamination--Third Party    0.05 (3 minutes)......................           70            3.50       145.00          507.50
                           Requester Power of Attorney
                           or Revocation of Power of
                           Attorney with a New Power
                           of Attorney and Change of
                           Correspondence Address.
6.......................  Request for Withdrawal as     0.20 (12 minutes).....................        4,000          800.00       438.00      350,400.00
                           Attorney or Agent and
                           Change of Correspondence
                           Address.
7.......................  Authorization to Act in a     0.05 (3 minutes)......................          750           37.50       145.00        5,437.50
                           Representative Capacity.
8.......................  Petition Under 37 CFR         1.00 (60 minutes).....................           10           10.00       438.00        4,380.00
                           1.36(a) to Revoke Power of
                           Attorney by Fewer than All
                           the Applicants.
9.......................  Petition to Waive 37 CFR      1.00 (60 minutes).....................           10           10.00       438.00        4,380.00
                           1.32(b)(4) and Grant Power
                           of Attorney by Fewer than
                           All the Applicants.
10......................  Change of Correspondence      0.05 (3 minutes)......................      130,000        6,500.00       145.00      942,500.00
                           Address for Application or
                           Patent.
11......................  Patent Owner Change of        0.05 (3 minutes)......................           25            1.25       145.00           18.25
                           Correspondence Address--
                           Reexamination Proceeding.
12......................  Third Party Requester Change  0.05 (3 minutes)......................           40            2.00       145.00          290.00
                           of Correspondence Address--
                           Reexamination Proceeding.
13......................  Request for Customer Number   0.20 (12 minutes).....................        1,600          320.00       145.00       46,400.00
                           Data Change.
14......................  Request for Customer Number.  0.20 (12 minutes).....................        8,500        1,700.00       145.00      246,500.00
15......................  Customer Number Upload        1.50 (90 minutes).....................          600          900.00       145.00      130,500.00
                           Spreadsheet.
16......................  Request to Update a PCT       0.25 (15 minutes).....................        1,900          475.00       145.00       68,875.00
                           Application with a Customer
                           Number.
                                                                                               ---------------------------------------------------------
    Totals..............  ............................  ......................................      501,905       28,479.25  ...........    4,369,751.25
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Estimated Total Annual Non-hour Respondent Cost Burden: $13,950.74. 
There are no capital start-up, maintenance, or recordkeeping costs 
associated with this information collection. However, this collection 
does have annual (non-hour) cost burden in the form of filing fees and 
postage costs.

Filing Fees

    The two petitions in this collection have associated filing fees 
under 37 CFR 1.17(f), resulting in $8,000 in filing fees.

----------------------------------------------------------------------------------------------------------------
                                                                     Estimated
           IC No.                            Item                     annual      Filing fee ($)  Total non-hour
                                                                     responses                      cost burden
                                                                             (a)             (b)     (c) = (a) x
                                                                                                             (b)
----------------------------------------------------------------------------------------------------------------
8..........................  Petitions Under 37 CFR 1.36(a) to                10          400.00       $4,000.00
                              Revoke Power of Attorney by Fewer
                              than All the Applicants.

[[Page 48491]]

 
9..........................  Petitions to Waive 37 CFR                        10          400.00        4,000.00
                              1.32(b)(4) and Grant Power of
                              Attorney by Fewer than All the
                              Applicants.
                                                                 -----------------------------------------------
    Total..................  ...................................              20  ..............        8,000.00
----------------------------------------------------------------------------------------------------------------

Postage Costs

    Although the USPTO prefers that the items in this collection be 
submitted electronically, responses may be submitted by mail through 
the United States Postal Service (USPS). The USPTO estimates that 2% of 
the 501,305 items will be submitted in the mail and that all 600 of the 
customer number upload spreadsheets will be submitted by mail. The 
existing first-class postage costs are $0.49 per submission. In 
addition, the customer number uploaded spreadsheets are submitted to 
the USPTO by mail, with a postage rate of $1.73 per submission.
    There is a total of $5,950.74 in postage costs associated with this 
collection.

----------------------------------------------------------------------------------------------------------------
                                                                                                   Total postage
                              Item                                   Responses     Postage cost        costs
----------------------------------------------------------------------------------------------------------------
Non-electronic Responses........................................          10,026            0.49        4,912.74
Customer Number Upload Spreadsheets.............................             600            1.73        1,038.00
                                                                 -----------------------------------------------
    Totals......................................................          10,626  ..............        5,950.74
----------------------------------------------------------------------------------------------------------------

    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection, in the forms of filing fees ($8,000) 
and postage costs ($5,950.74), is $13,950.74 per year.

IV. Request for Comments

    Comments submitted in response to this to this notice will be 
summarized or included in the request for OMB approval of this 
information collection. They also will become a matter of public 
record.
    Comments are required on:
    (a) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information shall have practical utility;
    (b) The accuracy of the agency's estimate of the burden (including 
hours and costs) of the proposed collection of information;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on 
respondents, e.g., the use of automated collection techniques or other 
forms of information technology.

Marcie Lovett,
Records and Information Governance Division Director, OCTO, United 
States Patent and Trademark Office.
[FR Doc. 2017-22618 Filed 10-17-17; 8:45 am]
 BILLING CODE 3510-16-P



                                                                         Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices                                            48489

                                               prepare an environmental assessment or                  attorney for an application, patent, or               a registered patent attorney or patent
                                               environmental impact statement.                         reexamination proceeding, and for a                   agent who has been given a power of
                                                 Concurrent with the publication of                    registered practitioner to withdraw as                attorney may withdraw as attorney or
                                               this notice in the Federal Register,                    attorney or agent of record. This                     agent of record.
                                               NMFS is forwarding copies of the                        collection also includes the information                 The USPTO’s Customer Number
                                               application to the Marine Mammal                        necessary to change the correspondence                practice permits applicants, patent
                                               Commission and its Committee of                         address for an application, patent, or
                                                                                                                                                             owners, assignees, and practitioners of
                                               Scientific Advisors.                                    reexamination proceeding, to request a
                                                                                                                                                             record, or the representatives of record
                                                 Dated: October 13, 2017.                              Customer Number and manage the
                                                                                                                                                             for a number of applications or patents,
                                                                                                       correspondence address and list of
                                               Julia Harrison,                                                                                               to change the correspondence address of
                                                                                                       practitioners associated with a Customer
                                               Chief, Permits and Conservation Division,
                                                                                                       Number, and to designate or change the                a patent application or patent with one
                                               Office of Protected Resources, National                                                                       change request instead of filing separate
                                               Marine Fisheries Service.                               correspondence address or fee address
                                                                                                       for one or more patents or applications               requests for each patent or application.
                                               [FR Doc. 2017–22565 Filed 10–17–17; 8:45 am]                                                                  Customers may request a Customer
                                                                                                       by using a Customer Number.
                                               BILLING CODE 3510–22–P
                                                                                                          Under 35 U.S.C. 2 and 37 CFR 1.31–                 Number from the USPTO and associate
                                                                                                       1.32, power of attorney may be granted                this Customer Number with a
                                                                                                       to one or more joint inventors or a                   correspondence list or a list of registered
                                               DEPARTMENT OF COMMERCE                                                                                        practitioners. Any changes to the
                                                                                                       person who is registered to practice
                                               United States Patent and Trademark                      before the USPTO to act in an                         address or practitioner information
                                               Office                                                  application or a patent. In particular, for           associated with a Customer Number will
                                                                                                       an application filed before September                 be applied to all patents and
                                               Representative and Address                              16, 2012, or for a patent which issued                applications associated with said
                                               Provisions                                              from an application filed before                      Customer Number.
                                                                                                       September 16, 2012, power of attorney                    The Customer Number practice is
                                               ACTION:    Proposed collection; comment                 may be granted by the applicant for                   optional, in that changes of
                                               request.                                                patent (as set forth in 37 CFR 1.41(b)                correspondence address or power of
                                                                                                       (pre-AIA)) or the assignee of the entire
                                               SUMMARY:   The United States Patent and                                                                       attorney may be filed separately for each
                                                                                                       interest of the applicant. For an
                                               Trademark Office (USPTO), as required                                                                         patent or application without using a
                                                                                                       application filed on or after September
                                               by the Paperwork Reduction Act of 1995                                                                        Customer Number. However, a
                                                                                                       16, 2012, or for a patent which issued
                                               (44 U.S.C. 3506(c)(2)(A)), invites                      from an application filed on or after                 Customer Number associated with the
                                               comment on a proposed extension of an                   September 16, 2012, power of attorney                 correspondence address for a patent
                                               existing information collection: 0651–                  may be granted by the applicant for                   application is required in order to
                                               0035 (Representative and Address                        patent (as set forth in 37 CFR 1.42) or               access private information about the
                                               Provisions).                                            the patent owner.                                     application using the Patent Application
                                               DATES:Written comments must be                             The rules of practice (37 CFR 1.33)                Information Retrieval (PAIR) system,
                                               submitted on or before December 18,                     also provide for a correspondence                     which is available through the USPTO
                                               2017.                                                   address and daytime telephone number                  Web site. The PAIR system gives
                                                                                                       to be supplied for receiving notices,                 authorized individuals secure online
                                               ADDRESSES:   You may submit comments                    official letters, and other                           access to application status information,
                                               by any of the following methods:                        communications from the USPTO. For                    but only for patent applications that are
                                                  • Email: InformationCollection@                      an application filed before September                 linked to a Customer Number. Customer
                                               uspto.gov. Include ‘‘0651–0035                          16, 2012, the address and number may                  Numbers may be associated with U.S.
                                               comment’’ in the subject line of the                    be supplied by a practitioner of record,              patent applications as well as
                                               message.                                                all of the applicants, or an assignee. In             international Patent Cooperation Treaty
                                                  • Federal Rulemaking Portal: http://                 addition, a practitioner not of record                (PCT) applications. The use of a
                                               www.regulations.gov.                                    may supply the address and number for                 Customer Number also is required in
                                                  • Mail: Marcie Lovett, Records and                   an application filed before September                 order to grant power of attorney to more
                                               Information Governance Division                         16, 2012, if the practitioner is named in             than ten practitioners or to establish a
                                               Director, Office of the Chief Technology                the transmittal papers accompanying
                                               Officer, United States Patent and                                                                             separate ‘‘fee address’’ for maintenance
                                                                                                       the original application and if an oath               fee purposes that is different from the
                                               Trademark Office, P.O. Box 1450,                        or declaration by any of the inventors
                                               Alexandria, VA 22313–1450.                                                                                    correspondence address for a patent or
                                                                                                       has yet to be filed. For an application               application.
                                               FOR FURTHER INFORMATION CONTACT:                        filed on or after September 16, 2012, the
                                               Requests for additional information                     address and number may be supplied by                    Customers may use a Customer
                                               should be directed to Raul Tamayo,                      a practitioner of record or the applicant.            Number Upload Spreadsheet to
                                               Senior Legal Advisor, Office of Patent                  A practitioner not of record who acts in              designate or change the correspondence
                                               Legal Administration, United States                     a representative capacity may supply                  address or fee address for a list of
                                               Patent and Trademark Office, P.O. Box                   the address and number for an                         patents or applications by associating
                                               1450, Alexandria, VA 22313–1450; by                     application filed on or after September               them with a Customer Number. The
                                               telephone at 571–272–7728; or by email                  16, 2012, if the practitioner is named in             Customer Number Upload Spreadsheet
ethrower on DSK3G9T082PROD with NOTICES




                                               to Raul.Tamayo@uspto.gov.                               the application transmittal papers and if             may not be used to change the power of
                                               SUPPLEMENTARY INFORMATION:                              any power of attorney has yet to be                   attorney for patents or applications.
                                                                                                       appointed.                                            Customers may download a Microsoft
                                               I. Abstract                                                37 CFR 1.36 provides for the                       Excel template with instructions from
                                                 This information collection includes                  revocation of a power of attorney at any              the USPTO Web site to assist them in
                                               the information necessary to submit a                   stage in the proceedings of a case. 37                preparing the spreadsheet in the proper
                                               request to grant or revoke power of                     CFR 1.36 also provides a path by which                format.


                                          VerDate Sep<11>2014   17:50 Oct 17, 2017   Jkt 244001   PO 00000   Frm 00014   Fmt 4703   Sfmt 4703   E:\FR\FM\18OCN1.SGM   18OCN1


                                               48490                                    Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices

                                               II. Method of Collection                                                                are based on previous respondent                                                        Estimated Total Annual Respondent
                                                  By mail, facsimile, hand delivery, or                                                numbers and the anticipated                                                          Cost Burden: $4,369,751.25. The USPTO
                                               electronically to the USPTO.                                                            participation trends over the next three                                             expects that Requests for Withdrawal as
                                                                                                                                       years.                                                                               Attorney or Agent and the two petitions
                                               III. Data                                                                                 Estimated Time per Response: The                                                   in this collection will be prepared by
                                                  OMB Number: 0651–0035.                                                               USPTO estimates that the response time                                               attorneys, while the other items in this
                                                  Form Numbers: PTO/AIA/80, PTO/                                                       for activities related to Representative                                             collection will be prepared by
                                               AIA/81, PTO/AIA/81B, PTO/AIA/82A,                                                       Address Provisions will take the public                                              paraprofessionals. The professional
                                               PTO/AIA/82B, PTO/AIA/122, PTO/                                                          between 0.05 hours (3 minutes) to 1.5                                                hourly rate for attorneys is $438 and the
                                               AIA/123, PTO/SB/80, PTO/SB/81, PTO/                                                     hours (90 minutes) to complete (See
                                                                                                                                                                                                                            professional hourly rate for
                                               SB/81A, PTO/SB/81B, PTO/SB/81C,                                                         Table 1). This includes the time to
                                                                                                                                                                                                                            paraprofessionals is $145. These rates
                                               PTO/SB/83, PTO/SB/84, PTO/SB/124,                                                       gather the necessary information, create
                                                                                                                                                                                                                            are established by estimates in the 2017
                                               PTO/SB/124, and PTO–2248.                                                               the document, and submit the
                                                                                                                                       completed request to the USPTO. The                                                  Report on the Economic Survey,
                                                  Type of Review: Revision of a
                                                                                                                                       USPTO calculates that, on balance, it                                                published by the Committee on
                                               currently approved collection.
                                                  Affected Public: Individuals or                                                      takes the same amount of time to do                                                  Economics of Legal Practice of the
                                               households; business or other for-                                                      this, regardless of whether the public is                                            American Intellectual Property Law
                                               profits; and not-for-profits institutions.                                              submitting the information in paper                                                  Association. Using this hourly rate, the
                                                  Estimated Number of Annual                                                           form or electronically.                                                              USPTO estimates that the total
                                               Respondents: 501,905 responses per                                                        Estimated Total Annual Respondent                                                  respondent cost burden for this
                                               year. Estimates for numbers of responses                                                Burden Hours: 28,479.25 hours.                                                       collection is $4,369,751.25 per year.
                                                                                                                                                                                 Estimated                         Estimated        Estimated                Rate                Estimated
                                                  IC No.                                                       Items                                                         time for response                       annual       annual burden               ($)                hourly cost
                                                                                                                                                                                  (hours)                          responses

                                                                                                                                                                                         (a)                          (b)            (c) = (a) × (b)          (d)               (e) = (c) × (d)

                                               1 ...............    Power of Attorney to Prosecute Applications Before the                                             0.05 (3 minutes) .............                   4,000                 200.00           145.00              $29,000.00
                                                                      USPTO.
                                               2 ...............    Power of Attorney or Revocation of Power of Attorney with                                          0.05 (3 minutes) .............                350,000             17,500.00             145.00            2,537,500.00
                                                                      a New Power of Attorney and Change of Correspond-
                                                                      ence.
                                               3 ...............    Patent—Power of Attorney or Revocation of Power of Attor-                                          0.05 (3 minutes) .............                       300                15.00           145.00                 2,175.00
                                                                      ney with a New Power of Attorney and Change of Cor-
                                                                      respondence Address.
                                               4 ...............    Reexamination—Patent Owner Power of Attorney or Rev-                                               0.05 (3 minutes) .............                       100                 5.00           145.00                   725.00
                                                                      ocation of Power of Attorney with a New Power of Attor-
                                                                      ney and Change of Correspondence Address.
                                               5 ...............    Reexamination—Third Party Requester Power of Attorney                                              0.05 (3 minutes) .............                        70                 3.50           145.00                   507.50
                                                                      or Revocation of Power of Attorney with a New Power of
                                                                      Attorney and Change of Correspondence Address.
                                               6 ...............    Request for Withdrawal as Attorney or Agent and Change                                             0.20 (12 minutes) ...........                    4,000                 800.00           438.00              350,400.00
                                                                      of Correspondence Address.
                                               7 ...............    Authorization to Act in a Representative Capacity ................                                 0.05 (3 minutes) .............                       750                37.50           145.00                 5,437.50
                                               8 ...............    Petition Under 37 CFR 1.36(a) to Revoke Power of Attor-                                            1.00 (60 minutes) ...........                         10                10.00           438.00                 4,380.00
                                                                      ney by Fewer than All the Applicants.
                                               9 ...............    Petition to Waive 37 CFR 1.32(b)(4) and Grant Power of At-                                         1.00 (60 minutes) ...........                         10                10.00           438.00                 4,380.00
                                                                      torney by Fewer than All the Applicants.
                                               10 .............     Change of Correspondence Address for Application or Pat-                                           0.05 (3 minutes) .............                130,000               6,500.00            145.00              942,500.00
                                                                      ent.
                                               11 .............     Patent Owner Change of Correspondence Address—Reex-                                                0.05 (3 minutes) .............                        25                 1.25           145.00                    18.25
                                                                      amination Proceeding.
                                               12 .............     Third Party Requester Change of Correspondence Ad-                                                 0.05 (3 minutes) .............                        40                 2.00           145.00                   290.00
                                                                      dress—Reexamination Proceeding.
                                               13   .............   Request for Customer Number Data Change .......................                                    0.20   (12    minutes)       ...........         1,600                320.00            145.00               46,400.00
                                               14   .............   Request for Customer Number ..............................................                         0.20   (12    minutes)       ...........         8,500              1,700.00            145.00              246,500.00
                                               15   .............   Customer Number Upload Spreadsheet ...............................                                 1.50   (90    minutes)       ...........           600                900.00            145.00              130,500.00
                                               16   .............   Request to Update a PCT Application with a Customer                                                0.25   (15    minutes)       ...........         1,900                475.00            145.00               68,875.00
                                                                      Number.

                                                     Totals         ................................................................................................   .........................................     501,905             28,479.25     ....................      4,369,751.25



                                                 Estimated Total Annual Non-hour                                                       collection. However, this collection                                                 Filing Fees
                                               Respondent Cost Burden: $13,950.74.                                                     does have annual (non-hour) cost
                                               There are no capital start-up,                                                          burden in the form of filing fees and                                                  The two petitions in this collection
                                               maintenance, or recordkeeping costs                                                     postage costs.                                                                       have associated filing fees under 37 CFR
                                               associated with this information                                                                                                                                             1.17(f), resulting in $8,000 in filing fees.
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                                                                                                                                                                                                                            Estimated              Filing fee                 Total non-hour
                                                  IC No.                                                                                  Item                                                                                annual                   ($)                     cost burden
                                                                                                                                                                                                                            responses

                                                                                                                                                                                                                               (a)                     (b)                    (c) = (a) × (b)

                                               8 .............      Petitions Under 37 CFR 1.36(a) to Revoke Power of Attorney by Fewer than All                                                                                         10               400.00                   $4,000.00
                                                                      the Applicants.



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                                                                                   Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices                                                                                            48491

                                                                                                                                                                                                       Estimated             Filing fee             Total non-hour
                                                 IC No.                                                                        Item                                                                      annual                  ($)                 cost burden
                                                                                                                                                                                                       responses

                                                                                                                                                                                                          (a)                     (b)               (c) = (a) × (b)

                                               9 .............   Petitions to Waive 37 CFR 1.32(b)(4) and Grant Power of Attorney by Fewer                                                                       10                  400.00               4,000.00
                                                                   than All the Applicants.

                                                     Total        ..................................................................................................................................             20      ........................         8,000.00



                                               Postage Costs                                                                USPTO estimates that 2% of the 501,305                                     addition, the customer number
                                                  Although the USPTO prefers that the                                       items will be submitted in the mail and                                    uploaded spreadsheets are submitted to
                                               items in this collection be submitted                                        that all 600 of the customer number                                        the USPTO by mail, with a postage rate
                                               electronically, responses may be                                             upload spreadsheets will be submitted                                      of $1.73 per submission.
                                               submitted by mail through the United                                         by mail. The existing first-class postage                                    There is a total of $5,950.74 in postage
                                               States Postal Service (USPS). The                                            costs are $0.49 per submission. In                                         costs associated with this collection.

                                                                                                                                                                                                                                                    Total postage
                                                                                                                     Item                                                                              Responses          Postage cost                  costs

                                               Non-electronic Responses ...........................................................................................................                         10,026                       0.49             4,912.74
                                               Customer Number Upload Spreadsheets ...................................................................................                                         600                       1.73             1,038.00

                                                     Totals ....................................................................................................................................            10,626       ........................         5,950.74



                                                 Therefore, the USPTO estimates that                                        DEPARTMENT OF COMMERCE                                                     candidate inventory that allows
                                               the total annual (non-hour) cost burden                                                                                                                 management to review potential
                                               for this collection, in the forms of filing                                  Patent and Trademark Office                                                applications in real time. An applicant
                                               fees ($8,000) and postage costs                                                                                                                         seeking a patent examiner position
                                                                                                                            Submission for OMB Review;                                                 supplies information to the USPTO that
                                               ($5,950.74), is $13,950.74 per year.
                                                                                                                            Comment Request; ‘‘Patent Examiner                                         assists Human Resource Specialists and
                                               IV. Request for Comments                                                     Employment Application’’                                                   hiring managers and demonstrates
                                                                                                                               The United States Patent and                                            whether or not the applicant possess the
                                                 Comments submitted in response to
                                                                                                                            Trademark Office (USPTO) will submit                                       basic qualifications for the position for
                                               this to this notice will be summarized                                                                                                                  which they are applying.
                                               or included in the request for OMB                                           to the Office of Management and Budget
                                                                                                                            (OMB) for clearance the following                                            Affected Public: Individuals.
                                               approval of this information collection.                                                                                                                  Frequency: On occasion.
                                               They also will become a matter of                                            proposal for collection of information                                       Respondents: Required to obtain or
                                               public record.                                                               under the provisions of the Paperwork                                      retain benefits.
                                                                                                                            Reduction Act (44 U.S.C. Chapter 35).                                        OMB Desk Officer: Nicholas A. Fraser,
                                                 Comments are required on:                                                     Agency: United States Patent and                                        email: Nicholas_A._Fraser@
                                                 (a) Whether the proposed collection of                                     Trademark Office, Commerce.                                                omb.eop.gov.
                                               information is necessary for the proper                                         Title: Patent Examiner Employment                                         Once submitted, the request will be
                                               performance of the functions of the                                          Application.                                                               publicly available in electronic format
                                               agency, including whether the                                                   OMB Control Number: 0651–0042.                                          through reginfo.gov. Follow the
                                               information shall have practical utility;                                       Form Number(s): None.                                                   instructions to view Department of
                                                                                                                               Type of Request: Regular.                                               Commerce collections currently under
                                                 (b) The accuracy of the agency’s                                              Number of Respondents: 10,660
                                               estimate of the burden (including hours                                                                                                                 review by OMB.
                                                                                                                            responses per year.                                                          Further information can be obtained
                                               and costs) of the proposed collection of                                        Average Hours per Response: The                                         by:
                                               information;                                                                 USPTO estimates that the response time                                       • Email: InformationCollection@
                                                 (c) Ways to enhance the quality,                                           for the employment application will                                        uspto.gov. Include ‘‘0651–00## copy
                                               utility, and clarity of the information to                                   take the public approximately 30                                           request’’ in the subject line of the
                                               be collected; and                                                            minutes (0.50 hours) to complete. This                                     message.
                                                 (d) Ways to minimize the burden of                                         includes the time to gather the                                              • Mail: Marcie Lovett, Records
                                                                                                                            necessary information, create the                                          Management Division Director, Office of
                                               the collection of information on
                                                                                                                            document, and submit the completed                                         the Chief Information Officer, United
                                               respondents, e.g., the use of automated
                                                                                                                            request to the USPTO.                                                      States Patent and Trademark Office,
                                               collection techniques or other forms of
                                                                                                                               Burden Hours: 5,330 hours.                                              P.O. Box 1450, Alexandria, VA 22313–
                                               information technology.                                                         Cost Burden: $0.00. There are no                                        1450.
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                                               Marcie Lovett,                                                               filing fees or start-up, maintenance,                                        Written comments and
                                               Records and Information Governance                                           record keeping, or postage costs                                           recommendations for the proposed
                                               Division Director, OCTO, United States Patent                                associated with this information                                           information collection should be sent on
                                               and Trademark Office.                                                        collection.                                                                or before November 17, 2017 to
                                               [FR Doc. 2017–22618 Filed 10–17–17; 8:45 am]                                    Needs and Uses: The use of                                              Nicholas A. Fraser, OMB Desk Officer,
                                                                                                                            automated application submissions                                          via email to Nicholas_A._Fraser@
                                               BILLING CODE 3510–16–P
                                                                                                                            provides a user-friendly electronic                                        omb.eop.gov, or by fax to 202–395–


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Document Created: 2017-10-18 01:37:48
Document Modified: 2017-10-18 01:37:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionProposed collection; comment request.
DatesWritten comments must be submitted on or before December 18, 2017.
ContactRequests for additional information should be directed to Raul Tamayo, Senior Legal Advisor, Office of Patent Legal Administration, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450; by telephone at 571-272-7728; or by email to [email protected]
FR Citation82 FR 48489 

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