[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Pages 31306-31307]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13369]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Admittance to Practice and Roster of Registered Patent Attorneys
and Agents Admitted to Practice Before the United States Patent and
Trademark Office (USPTO) (Proposed Addition)
ACTION: Proposed collection; comment request.
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SUMMARY: The United States Patent and Trademark Office (USPTO), as part
of its continuing effort to reduce paperwork and respondent burden,
invites the general public and other Federal agencies to take this
opportunity to comment on the revision of a currently approved
collection, as required by the Paperwork Reduction Act of 1995, Public
Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before August 1, 2011.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: InformationCollection@uspto.gov. Include ``0651-
0012 comment'' in the subject line of the message.
Mail: Susan K. Fawcett, Records Officer, Office of the
Chief Information Officer, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, VA 22313-1450.
Federal Rulemaking Portal: http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of William Griffin, Staff Attorney,
Office of Enrollment and Discipline, United States Patent and Trademark
Office (USPTO), P.O. Box 1450, Alexandria, VA 22313-1450; by telephone
at 571-272-4097; or by e-mail to William.Griffin@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This collection of information is required by 35 U.S.C. 2(b)(2)(D),
which permits the United States Patent and Trademark Office (USPTO) to
establish regulations governing the recognition and conduct of agents,
attorneys or other persons representing applicants or other parties
before the USPTO. This statute also permits the USPTO to require
information from applicants that shows that they are of good moral
character and reputation and have the necessary qualifications to
assist applicants with the patent process and to represent them before
the USPTO.
The USPTO administers the statute through 37 CFR 1.21, 11.5-11.14
and 11.28. These rules address the requirements to apply for the
examination for registration and to demonstrate eligibility to be a
registered attorney or agent before the USPTO. The Office of Enrollment
and Discipline (OED) collects 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 information to administer and maintain
the roster of attorneys and agents registered to practice before the
USPTO. Information concerning registered attorneys and agents is
published by the OED in a public roster that can be accessed through
the USPTO Web site.
The USPTO is introducing a new form, Request for Reasonable
Accommodation, to facilitate an applicant's request for reasonable
accommodation when they apply for the examination for registration to
practice before the USPTO. A copy of this new form will be available at
http://www.uspto.gov/news/fedreg/fr_2011.jsp. This information is
currently collected without a form as part of the approved item,
Application for Registration to Practice Before the United States
Patent and Trademark Office (PTO Form 158). Applicants currently check
Box 1a and then provide the necessary supporting documentation as an
attachment (see the form with instructions and details on page 18 at
http://www.uspto.gov/ip/boards/ord/grb.pdf). This new form will assist
applicants in providing the USPTO with the correct and necessary
supporting documentation through a standardized format.
To the extent possible, the applicant must provide detailed
responses to the questions in the Applicant's Statement. The applicant
must also provide a completed Licensed Health Care Professional's
Statement and/or other acceptable evidence to support the claim.
An applicant who received a reasonable accommodation(s) for a prior
registration examination must submit a new Applicant's Statement with
each new Application for Registration (PTO Form 158). Depending on the
type of impairment from which the applicant suffers, the applicant has
the option of submitting a new Licensed Health Care Professional's
Statement as well. In deciding whether to submit a new Licensed Health
Care Professional's Statement, the applicant is advised to consider
that the Agency's determination of both whether to grant an
accommodation and what
[[Page 31307]]
accommodation(s) is appropriate is based on an assessment of the
current impact of the applicant's disability on the testing activity.
For example, if the applicant suffers from an impairment that is
temporary or changes over time, it may not be possible for the Agency
to assess whether an accommodation should be granted if the Licensed
Health Care Professional's Statement is not current. For chronic or
long-term conditions, a new Licensed Health Care Professional's
Statement may not be necessary.
II. Method of Collection
An applicant should provide detailed responses to the questions in
the Applicant's Statement. An applicant may use additional paper, if
necessary, to answer the questions. The applicant must also provide a
completed Licensed Health Care Professional's Statement and/or other
acceptable medical evidence to support the claim. The completed package
should be submitted to the United States Patent and Trademark Office's
Office of Enrollment and Discipline with the completed Application Form
158. A Request for Reasonable Accommodation submitted separately from
the Application Form 158 should be addressed to Mail Stop OED, Director
of the U.S. Patent and Trademark Office, P.O. Box 1450, Alexandria, VA
22313-1450. For additional guidance, the Office of Enrollment and
Discipline may be contacted at 571-272-4097.
III. Data
OMB Number: 0651-0012.
Form Number(s): N/A.
Type of Review: Revision of a currently approved collection.
Affected Public: Individuals or households.
Estimated Number of Respondents: 40 responses per year.
Estimated Time per Response: The USPTO estimates that it will take
the public approximately 1.5 hours to complete the Reasonable
Accommodations Request, depending upon the situation.
Estimated Total Annual Respondent Burden Hours: 60 hours per year.
Estimated Total Annual Respondent Cost Burden: $19,500. Using the
median hourly rate for attorneys in private firms of $325, the USPTO
estimates $19,500 per year in cost burden associated with respondents.
This is a fully loaded hourly rate.
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Estimated
time for Estimated Estimated
Item response annual annual burden
(hours) responses hours
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Request for Reasonable Accommodation............................ 1.5 40 60
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Total....................................................... .............. 40 60
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Estimated Total Annual (Non-hour) Respondent Cost Burden: $31.
There are no maintenance or record keeping costs, as well as no filing
fees associated with this information collection. However, there is
annual (non-hour) cost burden in the form of postage costs.
Although the Reasonable Accommodation Requests are submitted to the
USPTO along with the Application for Registration to Practice Before
the USPTO, they are additional pages of information and will require
additional postage. These documents may be submitted to the USPTO by
first-class mail through the United States Postal Service. The USPTO
estimates the submission will weigh 3 ounces and that the average
first-class postage is 78 cents. Therefore the USPTO estimates that it
will receive 40 responses per year, for a total of $31 (40 x $0.78) in
postage costs.
IV. Request for Comments
Comments are invited 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 cost) 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, including through the use of
automated collection techniques or other forms of information
technology.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they will also become a matter of public record.
Dated: May 25, 2011.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2011-13369 Filed 5-27-11; 8:45 am]
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