Admission 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	Form and Instruction	Unchanged	Available
Form PTO-158 Application for Registration to Practice Before the United States Patent and Trademark Office	Form	Unchanged	Available
Form Application for Re PTO 158	Form and Instruction	Unchanged	Available
Form Application for Re PTO 158	Form	Unchanged	Available
Form PTO-107S Mandatory Survey: Data Sheet - Register of Patent Attorneys and Agents	Form	Unchanged	Available
Form PTO-158T Application for Recognition to Practice before the USTPO under 37 CFR 11.14(c) by a Foreign Resident	Form	Unchanged	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	Unchanged	Available
Form PTO-107A Data Sheet - Register of Patent Attorneys and Agents	Form	Unchanged	Available
Form PTO-107R Reinstatment Data Sheet - Register of Patent Attorneys and Agents	Form	Unchanged	Available
Form PTO-1209 Oath or Affirmation	Form	Unchanged	Available
Form Form PTO - 107A Data Sheet - Register of Patent Attorneys and Agents	Form	Unchanged	Available
Form PTO/107A Data Sheet - Register of Patent Attorneys and Agents	Form	Unchanged	Available
Form PTO-275 Undertaking under 37 CFR 11.10(b)	Form	Unchanged	Available
Form 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	Form	Unchanged	Available
Form 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	Form	Unchanged	Available
Form PTO-158 Application for Registration to Practice Before the United States Patent and Trademark Office	Form	Unchanged	Available
0012 Supporting Statement March_2017.doc	Supporting Statement A	Uploaded 2017-12-11	Available
0651-0012 CWS Nov 2017.docx	Justification for No Material/Nonsubstantive Change	Uploaded 2017-12-11	Available
OED_General Requirements Bulletin 0012.pdf	Supplementary Document	Uploaded 2014-08-06	Available
USPTO-infoqualityguide.pdf	Supplementary Document	Uploaded 2007-09-27	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 and Instruction	Unchanged	Application for Registration to Practice before the United States Patent and Trademark Office
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	Unchanged	Application for Registration to Practice Before the United States Patent and Trademark Office
229129	Petition to USPTO director under 11.2(d)		Unchanged
229128	Change of Registration from Agent to Attorney	Form and Instruction	Unchanged	PTO 158
229126	Application for Limited Registration	Form	Unchanged	PTO 158
229097	Written Requests (Cert. of Good Standing, Disciplinary history)		Unchanged
229055	Data Sheet - Register of Patent Attorneys and Agents (former examiners)		Unchanged
229053	Data Sheet - Register of Patent Attorneys and Agents (foreign applicants)		Unchanged
225120	Mandatory Survey – Register of Patent Attorneys and Agents (PTO-107S)	Form	Unchanged	Mandatory Survey: Data Sheet - Register of Patent Attorneys and Agents
214042	Reasonable Accomodation		Unchanged
213095	Non-Refundable Application Fee for Enrollement and /or Reinstatement to Practice Before the USPTO under 37 CRF 1.21(a)(10)		Unchanged
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	Unchanged	Application for Recognition to Practice before the USTPO under 37 CFR 11.14(c) by a Foreign Resident
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	Unchanged	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
192952	Cover pages used for submitting correspondence to OED (for documents submitted with applications, request for reconsideration, and petitions)		Unchanged
182144	Practitioner's supporting documentation for a motion to hold in abeyance a disciplinary proceeding because of a current disability or addiction		Unchanged
181419	Petition for Reinstatement after Disciplinary Removal under 37 CFR 11.7(h)		Unchanged
181418	Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.12(c)		Unchanged
181417	Written Request for Reconsideration and Further Review of Disapproval Notice of Application		Unchanged
181416	Reinstatement to the Register (PTO-107A)	Form	Unchanged	Data Sheet - Register of Patent Attorneys and Agents
181416	Reinstatement to the Register (PTO-107A)	Form	Unchanged	Reinstatment Data Sheet - Register of Patent Attorneys and Agents
181415	Oath or Affirmation	Form	Unchanged	Oath or Affirmation
181412	Data Sheet - Register of Patent Attorneys and Agents (individuals)	Form	Unchanged	Data Sheet - Register of Patent Attorneys and Agents
181412	Data Sheet - Register of Patent Attorneys and Agents (individuals)	Form	Unchanged	Data Sheet - Register of Patent Attorneys and Agents
181410	Undertaking under 37 CFR 11.10(b)	Form	Unchanged	Undertaking under 37 CFR 11.10(b)
181409	Registration Examination to Become a Registered Practitioner		Unchanged
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	Unchanged	Application for Registration to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident
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	Unchanged	Application for Registration to Practice Before the United States Patent and Trademark Office under 37 CFR 10.6(c) by a Foreign Resident
181407	Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived)	Form	Unchanged	Application for Registration to Practice Before the United States Patent and Trademark Office

ICR Details

OMB Control No: 0651-0012	ICR Reference No: 201712-0651-015
Status: Historical Active	Previous ICR Reference No: 201711-0651-015
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Admission 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: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 12/13/2017
Retrieve Notice of Action (NOA)	Date Received in OIRA: 12/11/2017
Terms of Clearance:

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2017	12/31/2017	12/31/2017
Responses	37,008	0	26,635
Time Burden (Hours)	42,445	0	37,284
Cost Burden (Dollars)	2,954,652	0	1,374,579

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Abstract: 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 and the Office of Enrollment and Discipline uses it to determine the qualifications of individuals entitled to represent applicants before the USPTO in the preparation and prosecution of applications for a patent. The USPTO is proposing to update the current Enrollment forms to include (1) primary e-mail and (2) secondary e-mail after the correspondence/business and daytime area code and phone number on the Change of Address and PTO-158, 158A, and 158T forms. The USPTO is also proposing to update the current Data and Reinstatement and Data Sheets PTO 107A, 107R, 107RR and 107S to add e-mail addresses and a few other fields. There is no expected change in the burden estimates.

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Authorizing Statute(s): US Code: 35 USC 2(b)(2)(D)
  

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	82 FR 52780	11/14/2017

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 36782	06/30/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 53174	09/08/2014
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 23

table that charts list of burden

IC Title	Form No.	Form Name
Application for Limited Registration	Application for Registration	PTO 158
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, 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 Recognition to Practice before the USTPO under 37 CFR 11.14(c) by a Foreign Resident
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
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, PTO-158	Application for Registration to Practice Before the United States Patent and Trademark Office ,   Application for Registration to Practice before the United States Patent and Trademark Office
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, Form 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 Under 37 CFR 11.6(c) by a Foreign Resident
Change of Registration from Agent to Attorney	Application for Registration	PTO 158
Cover pages used for submitting correspondence to OED (for documents submitted with applications, request for reconsideration, and petitions)
Data Sheet - Register of Patent Attorneys and Agents (foreign applicants)
Data Sheet - Register of Patent Attorneys and Agents (former examiners)
Data Sheet - Register of Patent Attorneys and Agents (individuals)	Form PTO - 107A, PTO/107A	Data Sheet - Register of Patent Attorneys and Agents ,   Data Sheet - Register of Patent Attorneys and Agents
Mandatory Survey – Register of Patent Attorneys and Agents (PTO-107S)	PTO-107S	Mandatory Survey: Data Sheet - Register of Patent Attorneys and Agents
Non-Refundable Application Fee for Enrollement and /or Reinstatement to Practice Before the USPTO under 37 CRF 1.21(a)(10)
Oath or Affirmation	PTO-1209	Oath or Affirmation
Petition for Reinstatement after Disciplinary Removal under 37 CFR 11.7(h)
Petition to USPTO director under 11.2(d)
Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.12(c)
Practitioner's supporting documentation for a motion to hold in abeyance a disciplinary proceeding because of a current disability or addiction
Reasonable Accomodation
Registration Examination to Become a Registered Practitioner
Reinstatement to the Register (PTO-107A)	PTO-107A, PTO-107R	Reinstatment Data Sheet - Register of Patent Attorneys and Agents ,   Data Sheet - Register of Patent Attorneys and Agents
Undertaking under 37 CFR 11.10(b)	PTO-275	Undertaking under 37 CFR 11.10(b)
Written Request for Reconsideration and Further Review of Disapproval Notice of Application
Written Requests (Cert. of Good Standing, Disciplinary history)

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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	37,008	26,635	0	10,373	0	0
Annual Time Burden (Hours)	42,445	37,284	0	5,161	0	0
Annual Cost Burden (Dollars)	2,954,652	1,374,579	0	1,580,073	0	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: Yes

Burden Reduction Due to: Changing Forms

Short Statement: Burden has increased due to the addition of a mandatory survey that previous was associated this collection. The survey was removed during the last renewal, but the need for the survey continues. The final rule of the Patent Fee Review has been attached as a supplementary document.

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Annual Cost to Federal Government: $1,501,433

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

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]? No

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: 12/11/2017

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