[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]


-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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: [email protected]. 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 [email protected].

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.

----------------------------------------------------------------------------------------------------------------
                                                                     Estimated
                                                                     time for        Estimated       Estimated
                              Item                                   response         annual       annual burden
                                                                      (hours)        responses         hours
----------------------------------------------------------------------------------------------------------------
Request for Reasonable Accommodation............................             1.5              40              60
                                                                 -----------------------------------------------
    Total.......................................................  ..............              40              60
----------------------------------------------------------------------------------------------------------------

    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]
BILLING CODE 3510-16-P