Admittance to Practice and Roster of Registered Patent Attorneys and Agents Admitted to Practice Before the United States Patent and Trademark Office (USPTO)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form PTO-158 Application for Registration to Practice Before the United States Patent and Trademark Office (includes both the computerized exam and the USPTO-administered exam)	Form	Modified	Available
Form PTO-158LS Application for Registration in the USPTO Law School Program for Law Students to Practice Before the Unied States Patent and Trademark Office Under 37 CFR 11.14(c)	Form and Instruction	New	Available
Form PTO-158T Application for Reciprocal Recognition to Practice in Trademark Matters Before the United States Patent and Trademark Office Under 37 CFR 11.14(c) by A foreign Attorney or Agent	Form and Instruction	New	Available
Form PTO-2150 Certification of Attendance at USPTO-approved CLE Training	Form	Modified	Available
Form PTO-2149 Sponsor Application for USPTO Continuing Legal Education (CLE)	Form	Modified	Available
Form PTO-2126 Reinstatement Fee (fee required to be paid after the due date of the required annual fee)	Form	Modified	Available
Form PTO-2126 Delinquency Fee for Annual Fee	Form	Modified	Available
Form PTO-2126 Balance of Annual Fee Due on Restoration to Active Status from Voluntary Inactive Status	Form	Modified	Available
Form PTO-2126 Request for Restoration to Active Status from Voluntary Inactive Status	Form	Modified	Repair queued
Form PTO-2126 Voluntary Inactive Status	Form	Modified	Repair queued
Form PTO-2126 Annual Fee, Limited Recognition	Form	Modified	Available
Form PTO-2126 Annual Practitioner Maintenance Fee	Form	Modified	Available
Form PTO-107A Reinstatement to the Register (PTO-107A)	Form	Modified	Available
Form PTO-1209 Oath or Affirmation	Form	Modified	Available
Form PTO/107A Data Sheet - Register of Patent Attorneys and Agents	Form	Modified	Available
Form PTO/275 Undertaking under 37 CFR 11.10(b)	Form	Modified	Repair queued
Form PTO-158A Application for Registration to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident (applicant does not take the exam)	Form	Modified	Available
Form PTO-158 Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived)	Form	Modified	Repair queued
USPTO-infoqualityguide.pdf	Supplementary Document	Uploaded 2007-09-27	Available
0012 Just Renewal 2010.pdf	Supporting Statement A	Uploaded 2010-05-24	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
37380	Application for Registration to Practice Before the United States Patent and Trademark Office (includes both the computerized exam and the USPTO-administered exam)	Form	Modified
192971	Application for Registration in the USPTO Law School Program for Law Students to Practice Before the Unied States Patent and Trademark Office Under 37 CFR 11.14(c)	Form and Instruction	New
192968	Application for Reciprocal Recognition to Practice in Trademark Matters Before the United States Patent and Trademark Office Under 37 CFR 11.14(c) by A foreign Attorney or Agent	Form and Instruction	New
192953	Change of Address (electronic submission)		New
192952	Cover pages used for submitting correspondence to OED (for documents submitted with applications, request for reconsideration, and petitions)		New
182144	Practitioner's supporting documentation for a motion to hold in abeyance a disciplinary proceeding because of a current disability or addiction		Modified
182142	Paper Version of the CLE		Modified
182141	Online Version of the Seminar CLE		Modified
182140	Practitioner Request for Paper Version of CLE		Modified
182139	Certification of Attendance at USPTO-approved CLE Training	Form	Modified
182138	Sponsor Application for USPTO Continuing Legal Education (CLE)	Form	Modified
182137	Reinstatement Fee (fee required to be paid after the due date of the required annual fee)	Form	Modified
182136	Delinquency Fee for Annual Fee	Form	Modified
182135	Balance of Annual Fee Due on Restoration to Active Status from Voluntary Inactive Status	Form	Modified
182134	Request for Restoration to Active Status from Voluntary Inactive Status	Form	Modified
182133	Voluntary Inactive Status	Form	Modified
182132	Annual Fee, Limited Recognition	Form	Modified
182131	Annual Practitioner Maintenance Fee	Form	Modified
181419	Petition for Reinstatement after Disciplinary Removal under 37 CFR 11.7(h)		Modified
181418	Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.12(c)		Modified
181417	Written Request for Reconsideration and Further Review of Disapproval Notice of Application		Modified
181416	Reinstatement to the Register (PTO-107A)	Form	Modified
181415	Oath or Affirmation	Form	Modified
181412	Data Sheet - Register of Patent Attorneys and Agents	Form	Modified
181410	Undertaking under 37 CFR 11.10(b)	Form	Modified
181409	Registration Examination to Become a Registered Practitioner		Modified
181408	Application for Registration to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident (applicant does not take the exam)	Form	Modified
181407	Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived)	Form	Modified

ICR Details

OMB Control No: 0651-0012	ICR Reference No: 201004-0651-001
Status: Historical Active	Previous ICR Reference No: 200707-0651-002
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Admittance to Practice and Roster of Registered Patent Attorneys and Agents Admitted to Practice Before the United States Patent and Trademark Office (USPTO)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/28/2010
	Date Received in OIRA: 05/25/2010
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	06/30/2013	36 Months From Approved	12/31/2010
Responses	93,340	0	72,122
Time Burden (Hours)	98,028	0	89,475
Cost Burden (Dollars)	5,710,143	0	3,940,924

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Abstract: This collection of information is required by 35 U.S.C. 2(b)(2)(D) and administered through 37 CFR 11.5-11.14 and 11.28. Applicants use this collection to apply for the examination for registration and to demonstrate their eligibility to be a registered attorney or agent before the USPTO. The Office of Enrollment and Discipline (OED) collects this information to determine the qualifications of individuals entitled to represent applicants before the USPTO in the preparation and prosecution of applications for a patent, and to administer and maintain the roster of attorneys and agents registered to practice before the USPTO. This roster can be accessed by the public through the USPTO’s website.

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Authorizing Statute(s): US Code: 35 USC 2(b)(2)(D) Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	74 FR 65733	12/11/2009
30-day Notice:	Federal Register Citation:	Citation Date:
	75 FR 28549	05/21/2010
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 28

table that charts list of burden

IC Title	Form No.	Form Name
Annual Practitioner Maintenance Fee	PTO-2126	Annual Practitioner Registration Fee
Data Sheet - Register of Patent Attorneys and Agents	PTO/107A	Data Sheet - Register of Patent Attorneys and Agents
Sponsor Application for USPTO Continuing Legal Education (CLE)	PTO-2149	Sponsor Application for United States Patent and Trademark Office Continuing Legal Education (CLE)
Certification of Attendance at USPTO-approved CLE Training	PTO-2150	Certification of Attendance at United States Patent and Trademark Office Approved CLE Training
Online Version of the Seminar CLE
Paper Version of the CLE
Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived)	PTO-158	Application for Registration to Practice Before the United States Patent and Trademark Office
Reinstatement to the Register (PTO-107A)	PTO-107A	Data Sheet - Register of Patent Attorneys and Agents
Undertaking under 37 CFR 11.10(b)	PTO/275	Undertaking under 37 CFR 11.10(b)
Cover pages used for submitting correspondence to OED (for documents submitted with applications, request for reconsideration, and petitions)
Change of Address (electronic submission)
Application for Reciprocal Recognition to Practice in Trademark Matters Before the United States Patent and Trademark Office Under 37 CFR 11.14(c) by A foreign Attorney or Agent	PTO-158T	Application for Reciprocal Recognition to Practice in Trademark Matters Before the United States Patent and Trademark Office Under 37 CFR 11.14(c) by a Foreign Attorney or Agent
Application for Registration in the USPTO Law School Program for Law Students to Practice Before the Unied States Patent and Trademark Office Under 37 CFR 11.14(c)	PTO-158LS	Application for Registration in the USPTO Law School Program for Law Students to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.14(c)
Voluntary Inactive Status	PTO-2126	Annual Practitioner Registration Fee
Delinquency Fee for Annual Fee	PTO-2126	Annual Practitioner Registration Fee
Application for Registration to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident (applicant does not take the exam)	PTO-158A	Application for Registration to Practice Before the United States Patent and Trademark Office under 37 CFR 10.6(c) by a Foreign Resident
Application for Registration to Practice Before the United States Patent and Trademark Office (includes both the computerized exam and the USPTO-administered exam)	PTO-158	Application for Registration to Practice Before the United States Patent and Trademark Office
Petition for Reinstatement after Disciplinary Removal under 37 CFR 11.7(h)
Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.12(c)
Oath or Affirmation	PTO-1209	Oath or Affirmation
Written Request for Reconsideration and Further Review of Disapproval Notice of Application
Reinstatement Fee (fee required to be paid after the due date of the required annual fee)	PTO-2126	Annual Practitioner Registration Fee
Balance of Annual Fee Due on Restoration to Active Status from Voluntary Inactive Status	PTO-2126	Annual Practitioner Registration Fee
Request for Restoration to Active Status from Voluntary Inactive Status	PTO-2126	Annual Practitioner Registration Fee
Practitioner's supporting documentation for a motion to hold in abeyance a disciplinary proceeding because of a current disability or addiction
Practitioner Request for Paper Version of CLE
Registration Examination to Become a Registered Practitioner
Annual Fee, Limited Recognition	PTO-2126	Annual Practitioner Registration Fee

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	93,340	72,122	0	11,785	9,433	0
Annual Time Burden (Hours)	98,028	89,475	0	319	8,234	0
Annual Cost Burden (Dollars)	5,710,143	3,940,924	0	123,215	1,646,004	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: Even though this collection has a decrease in responses for the Reinstatement to the Register, it is offset by increases in costs due to adjustments in responses and response times, the addition of new requirements into the collection, an adjustment for filing fees and postage costs, and the addition of record keeping costs.

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Annual Cost to Federal Government: $7,020,601

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/25/2010

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