SUPPLEMENTARY INFORMATION:

Title: Admission to Practice and Roster of Registered Patent Attorneys and Agents Admitted to Practice Before the United States Patent and Trademark Office.

OMB Control Number: 0651-0012.

Abstract: This collection of information is authorized by 35 U.S.C. 2(b)(2)(D), which permits the United States Patent and Trademark Office (USPTO) to establish regulations governing the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the USPTO. This statute also permits the USPTO to require information from applicants that shows that they are of good moral character and reputation and have the necessary qualifications to assist applicants with the patent process and to represent them before the USPTO.

This information collection addresses submissions required by the regulations at 37 CFR 1.21 and 11.5-11.11, which set forth the requirements to apply for the examination for registration and to demonstrate eligibility to be a registered patent attorney or agent before the USPTO. The Office of Enrollment and Discipline (OED) collects this information to determine the qualifications of individuals entitled to represent applicants before the USPTO in the preparation and prosecution of applications for a patent. The OED also collects this information to administer and maintain the public roster of attorneys and agents registered to practice before the USPTO, which is accessible through the USPTO website. This information collection is used by the USPTO to review applications for the examination for registration, and to determine whether an applicant may be added to the Register of Patent Attorneys and Agents. Additionally, it is used to determine whether an applicant may remain on the Register.

Since the prior renewal of this information collection, certain items have been changed and reordered. The USPTO is adding an item (Item 6—Undertaking Under 37 CFR 11.10(b)) to this information collection. ( printed page 44830) Additionally, the following items have been removed, as they have been declared exempt from the Paperwork Reduction Act by OMB under 5 CFR 1320.3(h)(1), 1320.3(h)(2), and 1320.3(h)(7):

• Registration Examination to Become a Registered Practitioner.
• Reasonable Accommodation—PTO-158RA.
• Change of Registration from Agent to Attorney—PTO-158.
• Written Requests (Certificate of Good Standing, Disciplinary History).

Forms:

• PTO-107A: (Data Sheet—Register of Patent Attorneys and Agents).
• PTO-107R: (Reinstatement—Data Sheet—Register of Patent Attorneys and Agents).
• PTO-107S: (Registration Statement—Data Sheet—Register of Patent Attorneys and Agents).
• PTO-158: (Application for Registration to Practice Before the United States Patent and Trademark Office).
• PTO-158A: (Application for Registration to Practice Before the United States Patent and Trademark Office Under37 CFR 11.6(c) by a Foreign Resident).
• PTO-158T: (Application for Recognition to Practice Before the United States Patent and Trademark Office Under37 CFR 11.14(c) by a Foreign Resident).
• PTO-275: (Undertaking Under37 CFR 11.10(b)).
• PTO-1209: (Oath or Declaration).

Type of Review: Extension and revision of a currently approved information collection.

Affected Public: Individuals or households.

Respondent's Obligation: Required to obtain or retain benefits.

Frequency: On occasion.

Estimated Number of Annual Respondents: 5,578 respondents between reporting and recordkeeping requirements. Since the publication of the 60-day notice, the USPTO has revised the estimated number of annual respondents and responses to show that the burden for these items is from the same respondent pool.

Estimated Number of Annual Responses: 5,578 responses.

Estimated Time per Response: The USPTO estimates that the responses in this information collection will take the public approximately 5 minutes (0.08 hours) to 45 minutes (0.75 hours) to complete. This includes the time to gather the necessary information, create the document, and submit the completed item to the USPTO. Additionally, the USPTO Office of Enrollment and Discipline General Requirements Bulletin recommends that “an applicant should make and keep a copy of every document submitted to the Office in connection with an application for registration.” The USPTO estimates that it will take an applicant approximately 5 minutes (0.08 hours) to print and retain a copy of the submissions.

Estimated Total Annual Respondent Burden Hours: 2,775 hours. Since the publication of the 60-day notice, the USPTO has revised the estimated total annual respondent burden hours to account for the recordkeeping burden associated with each of the items in this information collection.

Estimated Total Annual Respondent Non-hourly Cost Burden: $798,130.

91 FR 44829