[Federal Register Volume 86, Number 125 (Friday, July 2, 2021)]
[Rules and Regulations]
[Pages 35229-35231]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14035]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Parts 1 and 2

[Docket No. PTO-P-2020-0063]
RIN 0651-AD52


Mailing Address Changes Related to USPTO Deposit Accounts and 
Patent Maintenance Fees

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Final rule.

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SUMMARY: The United States Patent and Trademark Office (USPTO or 
Office) is revising the Rules of Practice to update the addresses for 
payments of patent maintenance fees that are not submitted 
electronically, correspondence related to maintenance fees, and the 
replenishment of a USPTO deposit account by mail. From December 15, 
2020, through December 14, 2021, maintenance fee payments, maintenance 
fee-related correspondence, and USPTO deposit account replenishments 
sent to the old addresses will be forwarded to the new addresses.

DATES: This final rule is effective on July 2, 2021.

FOR FURTHER INFORMATION CONTACT: Inquiries related to maintenance fees 
and USPTO deposit accounts may be made by calling 571-272-6500. 
Inquiries related to this final rule should be directed to Matthew Lee, 
Office of Finance, USPTO, at [email protected].

SUPPLEMENTARY INFORMATION: To improve operational efficiencies and 
consolidate space, the USPTO's Office of Finance, which includes the 
Maintenance Fee and Deposit Account Branches, was relocated as of 
December 15, 2020, from 2051 Jamieson Avenue, Suite 300, in Alexandria, 
Virginia, to the main USPTO campus in Alexandria, Virginia. 
Accordingly, this final rule updates the Rules of Practice in Patent 
Cases and the Rules of Practice in Trademark Cases with both the new 
mailing address for patent maintenance fees and maintenance fee-related 
correspondence and the new mailing address for USPTO deposit account 
replenishments. As of December 15, 2020, correspondence sent by U.S. 
Postal Service (USPS) first-class mail to pay a USPTO patent 
maintenance fee, as well as other maintenance fee-related 
correspondence, should be mailed to: Mail Stop Maintenance Fee, 
Director of the United States Patent and Trademark Office, P.O. Box 
1450, Alexandria, Virginia 22313-1450.
    Also as of December 15, 2020, checks and money orders that are sent 
by USPS first-class mail to replenish a USPTO deposit account should be 
mailed to: Mail Stop Deposit Accounts, Director of the United States 
Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-
1450.
    From December 15, 2020, through December 14, 2021, maintenance fee 
payments, maintenance fee-related correspondence, and USPTO deposit 
account replenishments sent to the Jamieson Avenue addresses will be 
forwarded to the new addresses. After December 14, 2021, such mailings 
may be returned to the sender by the USPS.
    The appropriate sections of the Manual of Patent Examining 
Procedure and the Trademark Manual of Examining Procedure will be 
revised in due course to reflect these mailing address changes.
    Maintenance fee payments and USPTO deposit account replenishments 
submitted electronically on the USPTO website at www.uspto.gov are not 
affected by these mailing address changes.

Discussion of Specific Rules

    The following is a discussion of the amendments to 37 CFR part 1.
    Section 1.1: Section 1.1(a) is amended to remove the reference to 
paragraph (d)(1) of this section from the listed exceptions.
    Section 1.1(d) is amended to add the paragraph heading ``Payments 
of patent maintenance fees'' and to change the address for payments of 
patent maintenance fees that are not submitted electronically and 
correspondence related to maintenance fees to ``Mail Stop Maintenance 
Fee, Director of the United States Patent and Trademark Office, P.O. 
Box 1450, Alexandria, Virginia 22313-1450.''
    Section 1.25: Section 1.25(c) is amended to remove the reference to 
paragraph (c)(4) of this section, as the paragraph was previously 
removed.
    Section 1.25(c)(3) is amended to change the address for payments to 
replenish a USPTO deposit account to ``Mail Stop Deposit Accounts, 
Director of the United States Patent and Trademark Office, P.O. Box 
1450, Alexandria, Virginia 22313-1450.''
    The following is a discussion of the amendment to 37 CFR part 2.
    Section 2.208: Section 2.208(c)(3) is amended to change the address 
for payments to replenish a USPTO deposit account to ``Mail Stop 
Deposit Accounts, Director of the United States Patent and Trademark 
Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.''

Rulemaking Considerations

    A. Administrative Procedure Act: Since this final rule is directed 
to changing an Office address, this final rule merely involves rules of 
agency organization, procedure, or practice within the meaning of 5 
U.S.C. 553(b)(A) and is a non-substantive change to the regulations. 
Accordingly, this final rule may be adopted without prior notice and 
opportunity for public comment under 5 U.S.C. 553(b) and (c). 
Furthermore, the Office finds good cause to waive the 30-day delayed 
effectiveness period, as provided by 5 U.S.C. 553(d)(3), because such 
delay would be contrary to the public interest in providing accurate 
contact information for the Office.
    B. Regulatory Flexibility Act: As prior notice and an opportunity 
for public comment are not required pursuant to 5 U.S.C. 553 (or any 
other law), neither a Regulatory Flexibility Act analysis nor a 
certification under the Regulatory

[[Page 35230]]

Flexibility Act (5 U.S.C. 601 et seq.) is required. See 5 U.S.C. 
605(b).
    C. Executive Order 12866 (Regulatory Planning and Review): This 
rulemaking has been determined to be not significant for purposes of 
Executive Order 12866 (Sept. 30, 1993).
    D. Executive Order 13563 (Improving Regulation and Regulatory 
Review): The Office has complied with Executive Order 13563 (Jan. 18, 
2011). Specifically, the Office has, to the extent feasible and 
applicable: (1) Made a reasoned determination that the benefits justify 
the costs of the rule; (2) tailored the rule to impose the least burden 
on society consistent with obtaining the regulatory objectives; (3) 
selected a regulatory approach that maximizes net benefits; (4) 
specified performance objectives; (5) identified and assessed available 
alternatives; (6) involved the public in an open exchange of 
information and perspectives among experts in relevant disciplines, 
affected stakeholders in the private sector, and the public as a whole, 
and provided online access to the rulemaking docket; (7) attempted to 
promote coordination, simplification, and harmonization across 
government agencies and identified goals designed to promote 
innovation; (8) considered approaches that reduce burdens and maintain 
flexibility and freedom of choice for the public; and (9) ensured the 
objectivity of scientific and technological information and processes.
    E. Executive Order 13132 (Federalism): This rulemaking does not 
contain policies with federalism implications sufficient to warrant 
preparation of a Federalism Assessment under Executive Order 13132 
(Aug. 4, 1999).
    F. Executive Order 13175 (Tribal Consultation): This rulemaking 
will not: (1) Have substantial direct effects on one or more Indian 
tribes, (2) impose substantial direct compliance costs on Indian tribal 
governments, or (3) preempt tribal law. Therefore, a Tribal Summary 
Impact Statement is not required under Executive Order 13175 (Nov. 6, 
2000).
    G. Executive Order 13211 (Energy Effects): This rulemaking is not a 
significant energy action under Executive Order 13211 because this 
rulemaking is not likely to have a significant adverse effect on the 
supply, distribution, or use of energy. Therefore, a Statement of 
Energy Effects is not required under Executive Order 13211 (May 18, 
2001).
    H. Executive Order 12988 (Civil Justice Reform): This rulemaking 
meets applicable standards to minimize litigation, eliminate ambiguity, 
and reduce burden as set forth in sections 3(a) and 3(b)(2) of 
Executive Order 12988 (Feb. 5, 1996).
    I. Executive Order 13045 (Protection of Children): This rulemaking 
does not concern an environmental risk to health or safety that may 
disproportionately affect children under Executive Order 13045 (Apr. 
21, 1997).
    J. Executive Order 12630 (Taking of Private Property): This 
rulemaking will not affect a taking of private property or otherwise 
have taking implications under Executive Order 12630 (Mar. 15, 1988).
    K. Congressional Review Act: Under the Congressional Review Act 
provisions of the Small Business Regulatory Enforcement Fairness Act of 
1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the USPTO 
will submit a report containing the rule and other required information 
to the United States Senate, the United States House of 
Representatives, and the Comptroller General of the Government 
Accountability Office. The changes in this rulemaking are not expected 
to result in an annual effect on the economy of $100 million or more, a 
major increase in costs or prices, or significant adverse effects on 
competition, employment, investment, productivity, innovation, or the 
ability of United States-based enterprises to compete with foreign-
based enterprises in domestic and export markets. Therefore, this 
rulemaking is not a ``major rule'' as defined in 5 U.S.C. 804(2).
    L. Unfunded Mandates Reform Act of 1995: The changes set forth in 
this rulemaking do not involve a Federal intergovernmental mandate that 
will result in the expenditure by state, local, and tribal governments, 
in the aggregate, of $100 million (as adjusted) or more in any one 
year, or a Federal private sector mandate that will result in the 
expenditure by the private sector of $100 million (as adjusted) or more 
in any one year, and will not significantly or uniquely affect small 
governments. Therefore, no actions are necessary under the provisions 
of the Unfunded Mandates Reform Act of 1995. See 2 U.S.C. 1501 et seq.
    M. National Environmental Policy Act of 1969: This rulemaking will 
not have any effect on the quality of the environment and is thus 
categorically excluded from review under the National Environmental 
Policy Act of 1969. See 42 U.S.C. 4321 et seq.
    N. National Technology Transfer and Advancement Act of 1995: The 
requirements of section 12(d) of the National Technology Transfer and 
Advancement Act of 1995 (15 U.S.C. 272 note) are not applicable because 
this rulemaking does not contain provisions that involve the use of 
technical standards.
    O. Paperwork Reduction Act of 1995: The Paperwork Reduction Act of 
1995 (44 U.S.C. 3501) requires that the Office consider the impact of 
paperwork and other information collection burdens imposed on the 
public. This rulemaking does not involve any new information collection 
requirements that are subject to review by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).
    Notwithstanding any other provision of law, no person is required 
to respond to, nor shall any person be subject to a penalty for failure 
to comply with, a collection of information subject to the requirements 
of the Paperwork Reduction Act unless that collection of information 
has a valid OMB control number.

List of Subjects

37 CFR Part 1

    Administrative practice and procedure, Biologics, Courts, Freedom 
of information, Inventions and patents, Reporting and recordkeeping 
requirements, Small businesses.

37 CFR Part 2

    Administrative practice and procedure, Courts, Lawyers, Trademarks.

    For the reasons set forth in the preamble, 37 CFR parts 1 and 2 are 
amended as follows:

PART 1--RULES OF PRACTICE IN PATENT CASES

0
1. The authority citation for 37 CFR part 1 continues to read as 
follows:

    Authority: 35 U.S.C. 2(b)(2).


0
2. Section 1.1 is amended by revising paragraph (a) introductory text 
and paragraph (d) to read as follows:


Sec.  1.1  Addresses for non-trademark correspondence with the United 
States Patent and Trademark Office.

    (a) In general. Except as provided in paragraphs (a)(3)(i) and 
(a)(3)(ii) of this section, all correspondence intended for the United 
States Patent and Trademark Office must be addressed to either 
``Director of the United States Patent and Trademark Office, P.O. Box 
1450, Alexandria, Virginia 22313-1450'' or to specific areas within the 
Office as set out in paragraphs (a)(1) and (a)(3)(iii) of this section. 
When appropriate, correspondence should also be marked

[[Page 35231]]

for the attention of a particular office or individual.
* * * * *
    (d) Payments of patent maintenance fees. Payments of patent 
maintenance fees that are not submitted electronically and 
correspondence related to maintenance fees may be addressed to: Mail 
Stop Maintenance Fee, Director of the United States Patent and 
Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.
* * * * *

0
3. Section 1.25 is amended by revising paragraphs (c) introductory text 
and (c)(3) to read as follows:


Sec.  1.25  Deposit Accounts.

* * * * *
    (c) A deposit account holder may replenish the deposit account by 
submitting a payment to the United States Patent and Trademark Office. 
A payment to replenish a deposit account must be submitted by one of 
the methods set forth in paragraphs (c)(1), (c)(2), or (c)(3) of this 
section.
* * * * *
    (3) A payment to replenish a deposit account may be addressed to: 
Mail Stop Deposit Accounts, Director of the United States Patent and 
Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

PART 2--RULES OF PRACTICE IN TRADEMARK CASES

0
4. The authority citation for 37 CFR part 2 continues to read as 
follows:

    Authority: 15 U.S.C. 1113, 15 U.S.C. 1123, 35 U.S.C. 2, section 
10(c) of Pub. L. 112-29.


0
5. Section 2.208 is amended by revising paragraph (c)(3) to read as 
follows:


Sec.  2.208  Deposit Accounts.

* * * * *
    (c) * * *
    (3) A payment to replenish a deposit account may be addressed to: 
Mail Stop Deposit Accounts, Director of the United States Patent and 
Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.

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. 2021-14035 Filed 7-1-21; 8:45 am]
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