[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.
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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]
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