[Federal Register Volume 69, Number 42 (Wednesday, March 3, 2004)]
[Proposed Rules]
[Pages 9986-9987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4652]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Subparts 1, 2, 10 and 11

[Docket No.: 2002-C-005]
RIN 0651-AB55


Changes to Representation of Others Before The United States 
Patent and Trademark Office

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of extension of comment period.

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SUMMARY: The United States Patent and Trademark Office (Office or 
USPTO) is extending the public comment period on proposed rules 
1.4(d)(2), 1.8(a)(2)(iii)(A), 1.21(a)(6) through (a)(9), 1.21(a)(11), 
1.21(a)(12), 2.11, 2.17, 2.24, 2.33, 2.61, 11.2(b)(4) through 
11.2(b)(7), 11.3(b) and (c), 11.5(b), 11.8(d), 11.9(c) (last two 
sentences), 11.9(d), 11.10(c) (second sentence), 11.10(d) (second 
sentence), 11.10(e) (second sentence), 11.11(b) through (f), 11.12 
through 11.62, and 11.100 through 11.900, as well as the definitions in 
proposed rule 11.1 of terms that are used only in rules in Subparts B, 
C and D, USPTO Rules of Professional Conduct, published in the Federal 
Register on December 12, 2003 (68 FR 69442). This extension applies to 
all portions of Subparts C and D of the proposed rules, and those 
portions of Subparts A and B not relating to enrollment of new patent 
practitioners. This extension will allow additional time following 
publication on December 12, 2003, for public comment regarding the 
Office's proposals for annual fees, mandatory continuing education, and 
processes for handling investigations and disciplinary proceedings.

DATES: You must submit your comments by Friday, June 11, 2004. The 
Office may not necessarily consider or include in the Administrative 
Record for the proposed rule comments that the Office receives after 
the close of this extended comment period or comments delivered to an 
address other than those listed below.

ADDRESSES: Comments should be sent by electronic mail over the Internet 
addressed to: [email protected]. Comments may also be 
submitted by mail addressed to: Mail Stop OED-Ethics Rules, United 
States Patent and Trademark Office, PO Box 1450, Alexandria, Virginia 
22313-1450 or by facsimile to (703) 306-4134, marked to the attention 
of Harry I. Moatz. Although comments may be submitted by mail or 
facsimile, the Office prefers

[[Page 9987]]

to receive comments via the Internet. If comments are submitted by 
mail, the Office would prefer that the comments be submitted on a DOS 
formatted 3\1/2\-inch disk accompanied by a paper copy. The comments 
will be available for public inspection at the Office of Enrollment and 
Discipline, located in Room 1103, Crystal Plaza 6, 2221 South Clark 
Street, Arlington, Virginia, and will be available through anonymous 
file transfer protocol (ftp) via the Internet (address: http://www.uspto.gov). Since comments will be made available for public 
inspection, information that is not desired to be made public should 
not be included in the comments.

FOR FURTHER INFORMATION CONTACT: Harry I. Moatz ((703) 305-9145), 
Director of Enrollment and Discipline (OED Director), directly by 
phone, or by facsimile to (703) 305-4136, marked to the attention of 
Mr. Moatz, or by mail addressed to: Mail Stop OED-Ethics Rules, U.S. 
Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-
1450.

SUPPLEMENTARY INFORMATION: The USPTO published the proposed rules on 
December 12, 2003 (68 FR 69442) and provided a 60-day comment period 
that ended on February 10, 2004. An earlier notice extended the time 
period to comment on the proposed rules with respect to Subpart D by 
sixty days to April 12, 2004. 69 FR 4269 (Jan. 29, 2004). A number of 
parties have suggested that time be extended to submit comments. More 
than two weeks have now passed since the original period for comments. 
Responding to suggestions by some parties who have submitted comments, 
we are expanding the scope of that extension of time to encompass not 
only Subpart D, but also proposed rules 1.4(d)(2), 1.8(a)(2)(iii)(A), 
1.21(a)(6) through (a)(9), 1.21(a)(11), 1.21(a)(12), 2.11, 2.17, 2.24, 
2.33, 2.61, 11.2(b)(4) through 11.2(b)(7), 11.3(b) and (c), 11.5(b), 
11.8(d), 11.9(c) (last two sentences), 11.9(d), 11.10(c) (second 
sentence), 11.10(d) (second sentence), 11.10(e) (second sentence), 
11.11(b) through (f), 11.12 through 11.62, and 11.100 through 11.900, 
as well as certain definitions in proposed rule 11.1 of terms that are 
used only in rules in Subparts B, C and D. Inasmuch as a response to 
the requested extension of time has been delayed, an additional 120 
days will be given to file comments. Comments will be received by the 
Office on the specified proposals until June 11, 2004, to allow the 
public additional time to provide us with comments. The extension 
provides a total of nearly six months to submit comments on the 
specified proposed rules.
    The proposed rules are a comprehensive effort by the Office to 
address an annual fee, mandatory continuing education, and ``improve 
the Office's processes for handling applications for registration, 
petitions, investigations, and disciplinary proceedings * * *'' 68 Fed. 
Reg. at 69442. The Office requested comments on the proposed rules and 
processes. In response, the Office received a reply by one set of 
stakeholders that the time be extended to reply to the proposed rules 
in Subpart D. The Office has now also received requests from 
individuals, law firms, professional organizations, and others 
requesting an extension of time to consider and respond to the proposed 
rules. The requests indicate that they regard proposals in Subparts A, 
B and C to be sufficiently related to the Rules of Professional Conduct 
found in Subpart D such that additional time is needed to properly and 
adequately address the proposal.
    In response to those requests, we are extending the time for 
response until June 11, 2004, with the exception of those rules 
necessary for administration of the registration examination for patent 
practitioners, including those definitions that are used in those 
rules. Rules specific to the enrollment process are severable from the 
remaining proposals. The Office has received extensive comments on them 
and has decided to proceed to final rule making based upon those 
comments in order not to delay the enrollment of individuals as newly 
qualified registered patent practitioners. No parties should be 
prejudiced by the additional time accorded for comment on the remaining 
proposed rules.
    The extended comment period provides the public an opportunity to 
address proposed rules 1.4(d)(2), 1.8(a)(2)(iii)(A), 1.21(a)(6) through 
(a)(9), 1.21(a)(11), 1.21(a)(12), 2.11, 2.17, 2.24, 2.33, 2.61, 
11.2(b)(4) through 11.2(b)(7), 11.3(b) and (c), 11.5(b), 11.8(d), 
11.9(c) (last two sentences), 11.9(d), 11.10(c) (second sentence), 
11.10(d) (second sentence), 11.10(e) (second sentence), 11.11(b) 
through (f), 11.12 through 11.62, and 11.100 through 11.900, as well as 
the definition of terms in proposed rule 11.1 that are used only in 
rules in Subparts B, C and D. Time is not being extended to comment 
upon the provisions in proposed rules 1.1, 1.21(a)(1) through (a)(5), 
1.21(a)(10), 1.31, 1.33(c), 1.455(a), 11.2(a) through 11.2(b)(3), 
11.2(c) through 11.2(e), 11.3(a) and (d), 11.4 through 11.5(a), 11.6 
through 11.8(c), 11.9(a) through 11.9(c) (first sentence), 11.10(a) 
through 11.10(c) (first sentence), 11.10(d) (first sentence), 11.10(e) 
(first and third sentences), and 11.11(a), as well as the definitions 
in proposed rule 11.1 of terms used in those rules.

    Dated: February 26, 2004.
Jon W. Dudas,
Acting Under Secretary of Commerce for Intellectual Property and Acting 
Director of the United States Patent and Trademark Office.
[FR Doc. 04-4652 Filed 3-2-04; 8:45 am]
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