[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Notices]
[Pages 35637-35639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12174]
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DEPARTMENT OF COMMERCE
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 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 continuing information 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 22, 2005.
ADDRESSES: You may submit comments by any of the following methods:
E-mail: [email protected]. Include ``0651-0035
comment'' in the subject line of the message.
Fax: 571-273-0112, marked to the attention of Susan Brown.
Mail: Susan K. Brown, Records Officer, Office of the Chief
Information Officer, Office of Data Architecture and Services, Data
Administration Division, U.S. Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313-1450.
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to Robert J. Spar, Director, Office of Patent Legal
Administration, U.S. Patent and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313-1450; by telephone at 571-272-7700; or by e-mail
at [email protected].
SUPPLEMENTARY INFORMATION:
I. Abstract
Under 35 U.S.C. 2 and 37 CFR 1.31-1.36, a patent applicant or
assignee of record may grant power of attorney to a person who is
registered to practice before the United States Patent and Trademark
Office (USPTO) to act for them in a patent or application. A power of
attorney may also be revoked, and a registered practitioner may also
withdraw as attorney or agent of record under 37 CFR 1.36. The rules of
practice (37 CFR 1.33) also provide for the applicant, assignee, or
practitioner of record to supply a correspondence address and daytime
telephone number for receiving notices, official letters, and other
communications from the USPTO. Further, the rules of practice (37 CFR
1.33(d) and 1.363) permit the applicant, assignee, or practitioner of
record to specify a separate ``fee address'' for correspondence related
to maintenance fees, which is covered under OMB Control Number 0651-
0016 ``Rules for Patent Maintenance Fees.'' Maintaining a correct and
updated correspondence address is necessary so that official
correspondence from the USPTO related to a patent or application will
be properly received by the applicant, assignee, or practitioner.
The USPTO's Customer Number practice permits applicants, assignees,
and practitioners of record to change the correspondence address, fee
address, or representatives of record for a number of patents or
applications 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 address or a list of registered practitioners.
Customers may then use this Customer Number to designate or change the
correspondence address, the fee address, or to grant power of attorney
to the associated list of practitioners for any number of patents or
applications. Any changes to the address or practitioner information
associated with a Customer Number will be applied to all patents and
applications associated with that 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 allows authorized individuals secure access to application
status information over the Internet, but only for patent applications
that are linked to a Customer Number. Applicants must also use a
Customer Number in order to grant power of attorney to more than ten
practitioners or to establish a separate fee address that is different
from the correspondence address for a patent or application.
In addition to the forms offered by the USPTO to assist customers
with providing the information in this
[[Page 35638]]
collection, customers may also format requests using 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 must be
submitted to the USPTO on a computer-readable diskette or compact disc
(CD), accompanied by a signed cover letter requesting entry of the
address changes for the listed patents and applications. The
spreadsheet and cover letter must be mailed to the USPTO and cannot be
filed electronically over the Internet. 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. The
Customer Number Upload Spreadsheet may not be used to change the power
of attorney for patents or applications.
This information collection includes the information necessary to
submit a request to grant or revoke power of attorney for a patent
application and for a registered practitioner to withdraw as attorney
or agent of record for a patent application. This collection also
includes the information necessary to request a Customer Number and
associate a correspondence address or list of practitioners with this
Customer Number, to change the correspondence address or 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.
The USPTO is adding one form, two petitions, and electronic power
of attorney submissions to this information collection. The
Authorization to Act in a Representative Capacity allows a practitioner
to take certain actions in a patent application, such as conducting
interviews, but does not grant power of attorney. The USPTO previously
offered a sample format for an authorization document pursuant to 37
CFR 1.34, but the Authorization to Act in a Representative Capacity
will now be provided as an official USPTO form (PTO/SB/84). The two
petitions to grant or revoke power of attorney by fewer than all of the
applicants are being added to this collection as existing petitions
that were not previously covered. Lastly, customers may submit some
power of attorney forms electronically using the USPTO's Electronic
Filing System (EFS), which permits secure transmission of patent
applications and related documents over the Internet. Using the free
electronic filing software available at the USPTO Web site, customers
may prepare electronic power of attorney forms or scan and attach
electronic copies of paper forms for Internet submission.
This information collection was previously approved by OMB in
November 2002. In November 2003, OMB approved a change worksheet for
this collection that added the Power of Attorney to Prosecute
Applications Before the USPTO (PTO/SB/80), deleted the Correspondence
Address Indication Form (PTO/SB/121), and revised the Customer Number
Upload Spreadsheet to remove the option to change the power of
attorney. The Power of Attorney to Prosecute Applications Before the
USPTO (PTO/SB/80) allows assignees to grant power of attorney in all of
their applications at once using one form instead of individually
signing separate power of attorney forms for each application. The
Correspondence Address Indication Form (PTO/SB/121) was deleted because
it duplicated information already collected on the forms for Change of
Correspondence Address for Applications or Patents (PTO/SB/122 and PTO/
SB/123) and was rarely used. The option to change the power of attorney
was removed from the Customer Number Upload Spreadsheet because the
USPTO discontinued the practice of allowing customers to use the batch
update process via the spreadsheet to change the power of attorney for
a list of patents or applications. Customers may still use the
spreadsheet format for changing the correspondence address or fee
address for a list of patents or applications. The instructions were
also updated to allow customers to submit the spreadsheets on CD as
well as on diskette.
II. Method of Collection
By mail, facsimile, hand delivery, or electronically over the
Internet to the USPTO.
III. Data
OMB Number: 0651-0035.
Form Number(s): PTO/SB/80/81/82/83/84/122/123/124A/124B/125A/125B.
Type of Review: Revision of a currently approved collection.
Affected Public: Individuals or households; businesses or other
for-profits; not-for-profit institutions; farms; the Federal
Government; and state, local or tribal governments.
Estimated Number of Respondents: 370,766 responses per year.
Estimated Time Per Response: The USPTO estimates that it will take
the public approximately 3 to 12 minutes (0.05 to 0.20 hours) to
complete the forms in this collection, including the time to gather the
necessary information, prepare the appropriate form, and submit the
completed request. The USPTO estimates it will take the public
approximately 1 hour to prepare the petitions related to power of
attorney. The USPTO estimates that it will take the public
approximately 1 hour and 30 minutes to complete the Customer Number
Upload Spreadsheet, including the time to prepare the spreadsheet file
on diskette or CD and produce the signed cover letter.
Estimated Total Annual Respondent Burden Hours: 23,668 hours per
year.
Estimated Total Annual Respondent Cost Burden: $1,937,198 per year.
The USPTO expects that Requests for Withdrawal as Attorney or Agent and
the petitions will be prepared by attorneys, while the other items in
this collection will be prepared by paraprofessionals. Using the
professional rate of $286 per hour for associate attorneys in private
firms, the USPTO estimates that the respondent cost burden for
submitting Requests for Withdrawal as Attorney or Agent and Change of
Correspondence Address (PTO/SB/83) and the petitions will be $28,028
per year. Using the paraprofessional rate of $81 per hour, the USPTO
estimates that the respondent cost burden for submitting the other
items in this collection will be $1,909,170 per year. The estimated
total respondent cost burden for this collection is $1,937,198 per
year.
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Estimated Estimated
Item Estimated time for response annual annual burden
responses hours
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Power of Attorney to Prosecute 3 minutes................................ 2,100 105
Applications Before the USPTO (PTO/
SB/80).
Power of Attorney and Correspondence 3 minutes................................ 343,550 17,178
Address Indication Form (PTO/SB/81).
Electronic Power of Attorney Forms 3 minutes................................ 2,488 124
(EFS).
Revocation of Power of Attorney with 3 minutes................................ 650 33
New Powwer of Attorney and Change of
Correspondence Address (PTO/SB/82).
[[Page 35639]]
Request for Withdrawal as Attorney or 12 minutes............................... 475 95
Agent and Change of Correspondence
Address (PTO/SB/83).
Authorization to Act in a 3 minutes................................ 800 40
Representative Capacity (PTO/SB/84).
Petition Under 37 CFR 1.36(a) to 1 hour................................... 2 2
Revoke Power of Attorney by Fewer
than All the Applicants.
Petition to Waive 37 CFR 1.32(b)(4) 1 hour................................... 1 1
and Grant Power of Attorney by Fewer
than All the Applicants.
Change of Correspondence Address for 3 minutes................................ 13,000 650
Application or Patent (PTO/SB/122/
123).
Request for Customer Number Data 12 minutes............................... 600 120
Change (PTO/SB/125A/125B).
Request for Customer Number (PTO/SB/ 12 minutes............................... 4,100 820
125A/125B).
Customer Number Upload Spreadsheet... 1 hour and 30 minutes.................... 3,000 4,500
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Total............................ ......................................... 370,766 23,668
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Estimated Total Annual Non-hour Respondent Cost Burden: $188,838.
There are no maintenance costs associated with this information
collection. However, this collection does have annual (non-hour) cost
burden in the form of filing fees, recordkeeping costs, capital start-
up costs, and postage costs.
The two petitions being added into this collection have associated
filing fees. The filing fee for the Petition Under 37 CFR 1.36(a) to
Revoke Power of Attorney by Fewer than All the Applicants is currently
$130 (37 CFR 1.17(h)). The USPTO has proposed to increase this fee to
$400 (37 CFR 1.17(f)) as discussed in the notice of proposed rulemaking
entitled ``Provisions for Persons Granted Limited Recognition to
Prosecute Patent Applications and Other Miscellaneous Matters'' (RIN
0651-AB85), published in the Federal Register on April 7, 2005. This
proposed fee coincides with the $400 fee (37 CFR 1.17(f)) for the
Petition to Waive 37 CFR 1.32(b)(4) and Grant Power of Attorney by
Fewer than All the Applicants. Using the $400 fee for these petitions,
the USPTO estimates that the total filing fees for this collection
would be $1,200 per year.
There are recordkeeping costs associated with submitting power of
attorney forms electronically over the Internet using EFS. The USPTO
recommends that customers print and retain a copy of the acknowledgment
receipt that is displayed on the screen after a successful submission.
The USPTO estimates that it will take 5 seconds (0.001 hours) to print
a copy of the acknowledgment receipt and that approximately 2,488 power
of attorney submissions per year will be completed via EFS, for a total
of approximately 2 hours per year. The USPTO expects that these
receipts will be printed by paraprofessionals at an estimated rate of
$81 per hour, for a total recordkeeping cost of $162 per year.
This collection has capital start-up costs associated with the
Customer Number Upload Spreadsheet, which must be submitted to the
USPTO on a diskette or CD. This process requires additional supplies,
including blank diskettes or recordable CD media and padded envelopes
for shipping. The USPTO estimates that the cost of these supplies will
be approximately $2 per submission, for a total capital start-up cost
of $6,000 per year.
The public may incur postage costs when submitting the information
in this collection to the USPTO by mail. The USPTO estimates that the
first-class postage cost for a mailed submission will be 49 cents for
all items in this collection except for the electronic power of
attorney submissions and the Customer Number Upload Spreadsheet. There
is no postage cost for electronic power of attorney submissions. Due to
the additional materials required for Customer Number Upload
Spreadsheet submissions, including the diskette or CD and cover letter,
the USPTO estimates that the average first-class postage cost for a
spreadsheet submission will be 83 cents. The total postage cost for
this collection is $181,476 per year.
The total (non-hour) respondent cost burden for this collection in
the form of filing fees, recordkeeping costs, capital start-up costs,
and postage costs is estimated to be $188,838 per year.
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, e.g., 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 also will become a matter of public record.
Dated: June 15, 2005.
Susan K. Brown,
Records Officer, USPTO, Office of the Chief Information Officer, Office
of Data Architecture and Services, Data Administration Division.
[FR Doc. 05-12174 Filed 6-20-05; 8:45 am]
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