[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Notices]
[Pages 26026-26028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11976]



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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. 950411100-5100-01]
RIN 0651-XX01


Extension of the Use of Payor Numbers to Matters Involving 
Pending Patent Applications

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Notice; request for comments.

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SUMMARY: The Patent and Trademark Office (PTO) requests written public 
comment on the advisability of the extension of the use of Payor 
Numbers to matters involving pending patent applications. Payor Numbers 
are currently used with respect to establishing a ``fee address'' for 
receipt of maintenance fee correspondence. The PTO is considering 
extending the Payor Number practice to matters involving patent 
applications. The use of such Payor Numbers would permit an attorney, 
agent or law firm to file a single paper containing a change of 
address, rather than a separate paper for each patent application 
affected by the change of address. The change of address in multiple 
patent applications through a single paper directed to the Payor Number 
would result in savings to both the attorney, agent or law firm and the 
PTO. Interested members of the [[Page 26027]] public are invited to 
present written comments on any topic relating to the extension of the 
use of Payor Numbers.

DATES: Written comments on the topics presented in the supplementary 
section of this notice will be accepted by the PTO until August 16, 
1995.

ADDRESSES: Those interested in presenting written comments on the 
topics presented in the supplementary information, or any related 
topics, may mail their comments to the Commissioner of Patents and 
Trademarks, Washington, DC 20231, marked to the attention of Box DAC. 
In addition, comments may also be sent by facsimile transmission to 
(703) 308-6916, with a confirmation copy mailed to the above address, 
or by electronic mail messages over the Internet to [email protected].
    Written comments should include the following information:

--Name and affiliation of the individual responding;
--An indication of whether comments offered represent views of the 
respondent's organization or are the respondent's personal views; and
--If applicable, information on the respondent's organization, 
including the type of organization (e.g., business, trade group, 
university, non-profit organization).

FOR FURTHER INFORMATION CONTACT:
Robert W. Bahr by telephone at (703) 308-6906, by facsimile at (703) 
308-6916, or Jeffery V. Nase by telephone at (703) 305-9285, or by mail 
marked to the attention of Box DAC, addressed to the Commissioner of 
Patents and Trademarks, Washington, DC 20231.
SUPPLEMENTARY INFORMATION

I. Background

    The PTO is considering extending the use of Payor Numbers to 
matters involving patent applications. Specifically, Payor Numbers are 
currently used with respect to establishing a ``fee address'' for 
receipt of maintenance fee correspondence, and the use of such Payor 
Numbers permit, inter alia, an attorney, agent or law firm to file a 
single change of address paper for the Payor Number, which change of 
address will be effective for every patent identified with the Payor 
Number, rather than requiring that separate change of address papers be 
filed for every patent affected by the change of address.

II. Issues for Public Comment

    Any interested member of the public is invited to present written 
comments on any topic related to the extension of the use of Payor 
Numbers. The PTO is considering extending the Payor Number practice to 
matters involving patent applications to permit (1) the identification 
of the correspondence address of a patent application with a Payor 
Number such that a single change of address may be filed for the Payor 
Number, and thus every patent application identified with the Payor 
Number, and (2) the identification of a list of registered attorneys 
and/or agents with a Payor Number such that an applicant may in the 
Power of Attorney appoint those attorneys and/or agents associated with 
the Payor Number. The PTO requests written public comment on the 
advisability of this extension of the use of Payor Numbers, and the 
issues associated therewith.
    Currently, when an attorney, agent or law firm changes 
correspondence address, a separate paper containing this change of 
address must be filed in every patent application affected by the 
change of address. 37 CFR 1.4(b). The identification of an application 
with a Payor Number will permit an attorney, agent or law firm to file 
a single paper containing this change of address, rather than a 
separate paper in each application, and this change of address paper 
will be applicable to all applications identified with the Payor 
Number. The identification of an application with a Payor Number will 
be optional, in that any application not identified with a Payor Number 
will not be affected by a change of address filed for a Payor Number, 
even if the correspondence address provided for such application is 
that of an attorney, agent, or law firm identified with a Payor Number. 
The change of address in multiple patent applications through a single 
paper directed to the Payor Number, rather than through individual 
letters directed to each application, would result in savings to both 
the attorney, agent or law firm and the PTO.
    Currently, an applicant in the Power of Attorney must individually 
name those attorneys and/or agents to represent the applicant in a 
patent application. The association of a list of attorneys and/or 
agents with a Payor Number will permit an applicant to appoint all of 
the attorneys and/or agents associated with the Payor Number merely by 
reference to the Payor Number in the Power of Attorney, i.e., without 
individually listing the attorneys and/or agents in the Power of 
Attorney. The addition and/or deletion of an attorney or agent from the 
list of attorneys and/or agents identified with a Payor Number will 
result in the addition or deletion of such attorney or agent from the 
list of persons authorized to represent any applicant who appointed all 
of the attorneys and/or agents identified with such Payor Number. This 
will avoid the necessity for the filing of additional papers in each 
application affected by a change in the attorneys and/or agents of the 
law firm prosecuting the application. The appointment of attorneys and/
or agents identified with a Payor Number will be optional, in that any 
applicant may continue to individually name those attorneys and/or 
agents to represent the applicant in a patent application.
    Currently, the PTO must individually enter into the Patent 
Application Location and Monitoring (PALM) system the registration 
number for each attorney and/or agent appointed to represent the 
applicant in a patent application. The change of persons authorized to 
represent applicants in multiple patent applications through a single 
paper directing the PTO to change its records concerning the Payor 
Number, which could require only a single entry into the PALM system, 
rather than through individual letters directed to each application, 
which would require a separate entry into the PALM system for each 
affected application, would significantly reduce the amount of data 
which must be entered into the PALM system, and would thus result in 
savings to the PTO. In addition, permitting a change of persons 
authorized to represent applicants in multiple patent applications 
through a single paper directing the PTO to change its records 
concerning the Payor Number would result in similar savings to the 
attorney, agent, or law firm.
    As the PTO will not recognize more than one correspondence address 
(37 CFR 1.34(c)), any inconsistencies between the correspondence 
address resulting from a Payor Number being provided in an application 
for the correspondence address and any other correspondence address 
provided in that application would be resolved in favor of the 
correspondence address of the Payor Number. Where an applicant appoints 
all of the attorneys and/or agents associated with a Payor Number as 
well as a list of individually named attorneys and/or agents, such 
action would be treated as only an appointment of all of the atttorneys 
and/or agents identified with a Payor Number due to the potential for 
confusion and data entry errors in entering registration numbers from 
plural sources. If an applicant wished to appoint attorneys and/or 
agents in addition to those associated with a Payor Number, the 
additional attorneys and/or agents could be appointed 
[[Page 26028]] through the use of an associate Power of Attorney.

Examples

    1. The following language would be effective to appoint those 
attorneys and/or agents individually listed, and provide the 
correspondence address of Payor Number 99,999.

    I hereby appoint the following practitioners to prosecute this 
application and to transact all business in the Patent and Trademark 
Office connected therewith:
    John Doe, Registration No. 99,991, Jane Doe, Registration No. 
99,992 and Richard Doe, Registration No. 99,993.
    Address all correspondence to: Payor Number 99,999.

    2. The following language would be effective to appoint those 
attorneys and/or agents associated with, and provide the correspondence 
address of, Payor Number 99,999.

    I hereby appoint the practitioners identified with the Payor 
Number provided below to prosecute this application and to transact 
all business in the Patent and Trademark Office connected therewith, 
and direct that all correspondence be addressed to that Payor 
Number:
    Payor Number 99,999.

    Dated: May 9, 1995.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and 
Trademarks.
[FR Doc. 95-11976 Filed 5-15-95; 8:45 am]
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