[Federal Register Volume 88, Number 72 (Friday, April 14, 2023)]
[Notices]
[Page 23010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07887]


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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

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 indefinitely.

DATES: Delayed Implementation Date: The USPTO anticipates that the 
collection of the registration statement will not start until 
approximately 2025. The USPTO will provide a six months advance notice 
prior to the collection of the registration statement.

FOR FURTHER INFORMATION CONTACT: Will Covey, Deputy General Counsel and 
OED Director, at 571-272-4097 or at [email protected]. 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 (August 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). In the final rule, the USPTO anticipated that 
practitioners would be required to submit a registration statement in 
the spring of 2022, and that patent practitioners would make the 
voluntary Continuing Legal Education (CLE) certification when 
submitting the registration statement. 85 FR 46932, at 46948.
    On October 9, 2020, the USPTO published a request for comments 
(RFC) seeking public input on proposed CLE guidelines. 85 FR 64128. The 
RFC provided that pursuant to the final rule published on August 3, 
2020, registered patent practitioners and individuals granted limited 
recognition to practice before the USPTO in patent matters will be 
required to biennially submit a mandatory registration statement 
beginning on March 1, 2022. The comment period 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, on June 10, 2021, the USPTO 
issued a notice of revised implementation date which stated that the 
USPTO has decided to delay the implementation of the registration 
statement. 86 FR 30920. The decision to delay was based on the USPTO's 
consideration of public comments received regarding the registration 
statement in response to the RFC on the proposed CLE guidelines. The 
USPTO's decision was also based on a close analysis of operational 
priorities and budget. The USPTO noted that delaying implementation of 
the registration statement will allow the Office to conserve resources 
by integrating the registration statement with other USPTO information 
systems. Therefore, the USPTO anticipated that the collection of the 
registration statement would begin on November 1, 2024.
    The USPTO has decided to delay the implementation of the 
registration statement. The decision to delay is based on a close 
analysis of operational priorities and budget. The USPTO notes that 
delaying implementation of the registration statement will allow the 
Office to conserve resources by integrating the registration statement 
with other USPTO information systems. Therefore, the USPTO anticipates 
that the collection of the registration statement will not start until 
approximately 2025.
    Once a new date for collection of the registration statement is 
certain, the public will be given a six months advance notice.

Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2023-07887 Filed 4-13-23; 8:45 am]
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