[Federal Register Volume 86, Number 110 (Thursday, June 10, 2021)]
[Notices]
[Pages 30920-30921]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12149]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-C-2021-0016]
New Implementation Date for Patent Practitioner Registration
Statement and Continuing Legal Education Certification
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of revised implementation date.
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SUMMARY: The United States Patent and Trademark Office (USPTO or
Office) is delaying the implementation of the biennial mandatory
registration statement required from registered patent practitioners
and individuals granted limited recognition to practice before the
USPTO in patent matters until November 1, 2024. However, beginning in
the spring of 2022, registered patent practitioners and individuals
granted recognition to practice before the USPTO in patent matters may
voluntarily certify that they have completed six credit hours of
continuing legal education (CLE) in the preceding 24 months.
DATES: New Implementation Date: The USPTO anticipates that the
registration statement will first be collected on November 1, 2024. The
voluntary certification of CLE will commence in the spring of 2022.
FOR FURTHER INFORMATION CONTACT: William Covey, Deputy General Counsel
and Director OED, at 571-272-4097. Please direct media inquiries to the
USPTO's Office of the Chief Communications Officer at 571-272-8400.
SUPPLEMENTARY INFORMATION: Pursuant to the final rule, Setting and
Adjusting Patent Fees During Fiscal Year 2020, 85 FR 46932 (Aug. 3,
2020), registered patent practitioners and individuals granted limited
recognition to practice before the USPTO in patent matters may be
required to biennially submit a mandatory registration statement. See
37 CFR 11.11(a)(2). The final rule also provided that registered patent
practitioners and individuals granted limited recognition to practice
before the USPTO in patent matters who have completed six credits of
CLE in the preceding 24 months (including five hours of CLE in patent
law and practice and one hour of CLE in ethics) may voluntarily certify
such completion to the OED Director. 37 CFR 11.11(a)(3)(i). In the
final rule, the USPTO anticipated that practitioners would first be
required to submit a registration statement in the spring of 2022, and
that patent practitioners would make the voluntary CLE certification,
if desired, when submitting the registration statement. 85 FR 46932, at
46948.
On October 9, 2020, the USPTO published proposed CLE guidelines
with a request for comments in the Federal Register, seeking public
input on the guidelines. 85 FR 64128. The request for comments closed
on January 7, 2021. The USPTO received 26 comments, addressing both the
proposed CLE guidelines and the provisions of the final patent fee rule
which establish the biennial electronic registration statement.
After considering numerous factors, the USPTO has decided to delay
the implementation of the registration statement. The decision to delay
is based, in part, on the USPTO's consideration of public comments
received regarding the registration statement in response to the
request for public comments on the proposed CLE guidelines. The USPTO's
decision is also based on a close analysis of operational priorities
and budget. The USPTO notes that delaying
[[Page 30921]]
implementation of the registration statement will allow the Office to
conserve resources by integrating the registration statement with other
USPTO information systems. Based on these considerations, the USPTO
anticipates that the registration statement will first be collected on
November 1, 2024. Once a new date for collection of the registration
statement is certain, the public will be given at least 120 days
advance notice.
However, as stated in the 2020 patent fee rule, the USPTO will
proceed with the voluntary CLE certification beginning in the spring of
2022. Prior to the implementation of the registration statement (i.e.,
prior to November 1, 2024), registered patent practitioners and
individuals granted limited recognition to practice in patent matters
before the Office may voluntarily certify their CLE completion in
accordance with 37 CFR 11.11(a)(3)(i) by logging into the Office of
Enrollment and Discipline Information System--Customer Interface
(OEDIS-CI), available at https://oedci.uspto.gov/OEDCI/SignInServlet.
As registered patent practitioners and individuals granted limited
recognition to practice in patent matters before the USPTO already use
the OEDIS-CI system to update other information with OED, the USPTO
believes that it will be efficient and convenient for practitioners to
make the voluntary CLE certification, if they wish, through this same
system. The USPTO will issue more specific guidance and instructions
for making the certification in subsequent months.
Andrew Hirshfeld,
Commissioner for Patents, Performing the Functions and Duties of the
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2021-12149 Filed 6-9-21; 8:45 am]
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