[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Notices]
[Pages 70961-70963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27832]


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DEPARTMENT OF COMMERCE

 Patent and Trademark Office


Law School Clinic Certification Program

ACTION: Notice of renewal of information collection; request for 
comment.

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SUMMARY: The United States Patent and Trademark Office (USPTO), as 
required by the Paperwork Reduction Act of 1995, invites comments on 
the extension of an existing information collection: 0651-0081 (Law 
School Clinic Program).

DATES: Written comments must be submitted on or before February 24, 
2020.

ADDRESSES: You may submit comments by any of the following methods:

[[Page 70962]]

     Email: [email protected]. Include ``0651-
0081 comment'' in the subject line of the message.
     Federal Rulemaking Portal: http://www.regulations.gov.
     Mail: Kimberly Hardy, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Dahlia George, Office of Enrollment and 
Discipline, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450; by telephone at 571-272-4097; or by email to 
[email protected] with ``0651-0020 comment'' in the subject line. 
Additional information about this collection is also available at 
http://www.reginfo.gov under ``Information Collection Review.''

SUPPLEMENTARY INFORMATION: 

I. Abstract

    Public Law 113-227 (Dec. 16, 2014) requires the United States 
Patent and Trademark Office to establish regulations and procedures for 
application to, and participation in, the USPTO Law School Clinic 
Certification Program. The Program allows students enrolled in a 
participating law school's clinic to practice patent or trademark law 
before the USPTO under the direct supervision of a faculty clinic 
supervisor. Each clinic provides legal services on a pro bono basis for 
clients who qualify for assistance from the law school's clinic. By 
drafting, filing, and prosecuting patent and trademark applications, 
students gain valuable experience that would otherwise be unavailable 
to them while in law school. The program also facilitates the provision 
of pro bono services to trademark and patent applicants who lack the 
financial resources necessary for traditional legal representation. In 
2019, there were over 60 law schools participating in the program.
    This information collection covers the applications from law 
schools that wish to enter the program, faculty advisors who seek to 
become a faculty clinic supervisor, and students who seek to 
participate in this program. The collection also includes the required 
biannual reports from participating law school clinics and biennial 
renewals required by the program as well as the request to make special 
under the Law School Clinic Certification Program, which allows a 
limited number of applications per semester to be advanced out of turn 
(accorded special status) for examination if the applicant makes the 
appropriate showing, to provide law students with practical experience 
as they will be more likely to receive substantive examination of 
applications within the school year that the application is filed.

II. Method of Collection

    By mail, facsimile, hand delivery, or electronically to the USPTO.

III. Data

    OMB Number: 0651-0081.
    IC Instruments and Forms: There are two forms associated with this 
collection.
    Type of Review: Extension of a currently approved collection.
    Affected Public: Individuals or households, not-for-profit 
institutions.
    Estimated Number of Respondents: 903 responses per year. The USPTO 
estimates that approximately 75% of the annual responses for this 
collection will be submitted electronically.
    Estimated Time per Response: The USPTO estimates that it will take 
the public from 0.5 and 40 hours, depending on the complexity of the 
situation, to gather the necessary information, prepare the appropriate 
documents, and submit the information to the USPTO.
    Estimated Total Annual Respondent Burden Hours: 690 hours.
    Estimated Total Annual Respondent (Hourly) Cost Burden: $145,575.
    The USPTO expects that intellectual property attorneys will 
complete most of the items in this collection at an estimated rate of 
$438 per hour. The attorney rates are found in the 2017 Report of the 
Economic Survey published by the American Intellectual Property Law 
Association (AIPLA). Faculty members serving as Clinic Supervisors must 
be practicing attorneys and registered with the Patent Bar (for those 
schools handling patent matters before the USPTO on behalf of 
applicants). The cost for law students applying to participate in the 
Program is estimated to be at the 10% hourly rate for legal occupations 
(BLS 23-000 Legal Occupations) which is $18.04 per hour. This accounts 
for law students' possible employment in various entry level legal 
positions. Using this hourly rate, the USPTO estimates that the total 
respondent cost burden for this collection is $145,575 per year.

                                 Table 3--Burden Hour/Burden Cost to Respondents
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                                     Estimated       Estimated       Estimated
    IC No.            Item         response time      annual      annual  burden    Rate ($/hr)    Total hourly
                                      (hours)        responses         hours                        cost burden
                                             (a)             (b)     (a) x (b) =             (d)     (c) x (d) =
                                                                             (c)                             (e)
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1.............  Application by                40               1              40         $438.00         $17,520
                 Law School to
                 Enter the
                 Program.
2.............  Application by                 1               5               5          438.00           2,190
                 Law School
                 Faculty Member
                 to Become a
                 faculty Clinic
                 Supervisor.
3.............  Application by               0.5             745             373           18.04           6,728
                 Student to
                 Become a
                 Participant in
                 the Program
                 (PTO-158LS).
4.............  Biannual Report                1             120             120          438.00          52,560
                 Required of Law
                 School Clinics.
5.............  Biennial Renewal               5              30             150          438.00          65,700
                 Application by
                 Law School.
6.............  Request to Make                1               2               2          438.00             876
                 Special Under
                 the Law School
                 Clinic
                 Certification
                 Program.
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                   Total........  ..............             903             690  ..............         145,575
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    Estimated Total Annual (Non-hour) Respondent Cost Burden: $1,721. 
There are no capital startup, maintenance, or operating fees associated 
with this collection. There are, however, annual (non-hour) costs in 
the form of postage costs.

[[Page 70963]]

Filing Fees

    There are no filing fees associated with this collection.

Postage Costs

    Currently, the USPTO does not use automated or other technological 
collection techniques for the items in this collection of information, 
but submissions are accepted electronically through email. Submissions 
are also accepted via postal mail and hand delivery. The USPTO expects 
that 75 percent of the items in this collection will be submitted 
electronically. Of the remaining 25 percent, the USPTO estimates that 
99 percent will be submitted by mail--with the remainder submitted by 
hand delivery--for a total of 225 mailed submissions. The average USPS 
Priority Mail postage cost for a legal flat rate envelope is estimated 
to be $7.65. Table 4 calculates the postage costs associated with this 
collection.

                                Table 4--Annual (Non-Hour) Respondent Cost Burden
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                                                                     Estimated                     Total annual
            IC No.                            Item                    mailed         Estimated      (non-hour)
                                                                     responses     postage rate     cost burden
                                                                             (a)             (b)     (a) x (b) =
                                                                                                             (c)
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1.............................  Application by Law School to                   1           $7.65           $7.65
                                 Enter the Program.
2.............................  Application by Law School                      1            7.65            7.65
                                 Faculty Member to Become a
                                 Faculty Clinic Supervisor.
3.............................  Application by Student to Become             185            7.65        1,415.25
                                 a Participant in the Program
                                 (PTO-158LS).
4.............................  Biannual Report Required of Law               30            7.65          229.50
                                 School Clinics.
5.............................  Biennial Renewal Application by                7            7.65           53.55
                                 Law School.
6.............................  Request to Make Special Under                  1            7.65           $7.65
                                 the Law School Clinic Program.
                                                                 -----------------------------------------------
                                   Total........................             225  ..............           1,721
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    Therefore, the USPTO estimates that the total annual (non-hour) 
cost burden for this collection, in the form of postage costs is $1,721 
per year.

IV. Request for Comments

    Comments submitted in response to this notice will be summarized 
and/or included in the request for OMB approval. All comments will 
become a matter of public record.
    The USPTO is soliciting public comments to:
    (a) Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    (b) Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    (c) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (d) Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submission of responses.

Kimberly Hardy,
Information Collection Officer, Office of the Chief Administrative 
Officer, United States Patent and Trademark Office.
[FR Doc. 2019-27832 Filed 12-23-19; 8:45 am]
 BILLING CODE 1410-30-P