Representative and Address Provisions

Forms and Documents

Document Name	Status
Form PTO/SB/80 Power of Attorney to Prosecute Applications Before the USPTO Form	Modified
Form PTO/SB/123B Third Party Requester Change of Correspondence Address - Reexamination Proceeding Form	Modified
Form PTO/SB/123A Patent Owner Change of Correspondence Address - Reexamination Proceeding Form	Modified
Form PTO/SB/81C Reexamination - Third Party Requester Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Form	Modified
Form PTO/SB/81B Reexamination – Patent Owner Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Form	Modified
Form PTO/SB/81A Patent – Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Form	Modified
Form PTO/SB/125 Request for Customer Number Form	Modified
Form PTO/SB/124 Request for Customer Number Data Change Form	Modified
Form PTO/SB/122 Change of Correspondence Address for Application or Patent Form	Modified
Form PTO/SB/84 Authorization to Act in a Representative Capacity Form	Modified
Form PTO/SB/83 Request for Withdrawal as Attorney or Agent and Change of Correspondence Address Form	Modified
Form PTO/SB/81 Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Form	Modified
Form PTO-2248 Request to Update a PCT Application with a Customer Number Form	Modified
0651-0035 Supporting Statement January 2018 FINAL.docx Supporting Statement A	2018-01-30
USPTO Information Quality Guidelines.pdf Supplementary Document	2018-01-19

IC Document Collections

IC ID	Document Title	Status
4741	Power of Attorney to Prosecute Applications Before the USPTO Form	Modified
187264	Third Party Requester Change of Correspondence Address - Reexamination Proceeding Form	Modified
187263	Patent Owner Change of Correspondence Address - Reexamination Proceeding Form	Modified
187262	Reexamination - Third Party Requester Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Form	Modified
187260	Reexamination – Patent Owner Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Form	Modified
187259	Patent – Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Form	Modified
186503	Customer Number Upload Spreadsheet Instruction	Modified
186502	Request for Customer Number Form	Modified
186501	Request for Customer Number Data Change Form	Modified
186500	Change of Correspondence Address for Application or Patent Form	Modified
186499	Petition to Waive 37 CFR 1.32(b)(4) and Grant Power of Attorney by Fewer than All the Applicants	Modified
186498	Petition Under 37 CFR 1.36(a) to Revoke Power of Attorney by Fewer than All the Applicants	Modified
186497	Authorization to Act in a Representative Capacity Form	Modified
186496	Request for Withdrawal as Attorney or Agent and Change of Correspondence Address Form	Modified
186495	Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Form	Modified
178322	Request to Update a PCT Application with a Customer Number Form	Modified

ICR Details

OMB Control No: 0651-0035	ICR Reference No: 201801-0651-002
Status: Active	Previous ICR Reference No: 201407-0651-001
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Representative and Address Provisions
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: 03/12/2018
	Date Received in OIRA: 01/31/2018
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2021	36 Months From Approved	03/31/2018
Responses	501,905	0	560,595
Time Burden (Hours)	28,480	0	113,004
Cost Burden (Dollars)	13,950	0	58,983

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Abstract: The public uses this information collection to grant or revoke power of attorney, to withdraw as attorney or agent of record, to authorize a practitioner to act in a representative capacity, to change a correspondence address, to request a Customer Number, and to change the data associated with a Customer Number. The USPTO's Customer Number practice permits applicants, assignees, practitioners of record, and third party requesters to change the correspondence address or representatives of record for a number of applications, patents, or reexamination proceedings with one change request instead of filing separate requests for each application, patent, or reexamination proceeding. The USPTO uses the information in this collection to determine who is authorized to take action in an application, patent, or reexamination proceeding and where to send correspondence regarding an application, patent, or reexamination proceeding. The USPTO is submitting a request to update this information collection with seven new forms related to power of attorney and change of correspondence address: PTO/AIA/80, PTO/AIA/81, PTO/AIA/81B, PTO/AIA/82A and B, PTO/AIA/122, and PTO/AIA/123. Section 4 of the Leahy-Smith America Invents Act (AIA) amends 35 U.S.C. 118 to change the practice regarding the filing of an application by a person other than the inventor. The changes to 35 U.S.C. 118 impact who may give a power of attorney and who may change a correspondence address. The USPTO currently provides forms (e.g., PTO/SB/80, PTO/SB/81, PTO/SB/122, PTO/SB/123) for giving a power of attorney and changing a correspondence address. For consistency with the change in practice concerning who may be an applicant for patent, the USPTO is providing new forms for giving power of attorney and changing the correspondence address. The changes to 35 U.S.C. 118 in the AIA do not apply to applications filed prior to September 16, 2012. Thus, the USPTO plans to provide new forms for use with applications filed on or after September 16, 2012, but still continue to make the existing power of attorney and change of correspondence address forms (legacy forms) available until applications filed prior to September 16, 2012, are no longer pending before the USPTO.

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Authorizing Statute(s): US Code: 35 USC 304 and 314 Name of Law: null
   US Code: 35 USC 118 Name of Law: null
   US Code: 35 USC 2 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:
	82 FR 48489	10/18/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 4035	01/29/2018
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 16

IC Title	Form No.	Form Name
Authorization to Act in a Representative Capacity	PTO/SB/84	Authorization to Act in a Representative Capacity
Petition Under 37 CFR 1.36(a) to Revoke Power of Attorney by Fewer than All the Applicants
Request for Customer Number	PTO/SB/125	Request for Customer Number
Third Party Requester Change of Correspondence Address - Reexamination Proceeding	PTO/SB/123B	Third Party Requester Change of Correspondence Address - Reexamination Proceeding
Reexamination - Third Party Requester Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address	PTO/SB/81C	Reexamination - Third Party Requester Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address
Patent Owner Change of Correspondence Address - Reexamination Proceeding	PTO/SB/123A	Patent Owner Change of Correspondence Address - Reexamination Proceeding
Power of Attorney to Prosecute Applications Before the USPTO	PTO/SB/80, PTO/AIA/80	Power of Attorney to Prosecute Applications Before the USPTO ,   Power of Attorney to Prosecute Applications Before the USPTO
Request to Update a PCT Application with a Customer Number	PTO-2248	Request to Update a PCT Application with a Customer Number
Change of Correspondence Address for Application or Patent	PTO/AIA/122, PTO/AIA/123, PTO/SB/122, PTO/SB/123	Change of Correspondence Address - Application ,   Change of Correspondence Address - Patent ,   Change of Correspondence Address (Application) ,   Change of Correspondence Address (Patent)
Reexamination – Patent Owner Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address	PTO/AIA/81B, PTO/SB/81B	Reexamination - Patent Owner Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address ,   Reexamination or Supplemental Examination – Patent Owner Power of Attorney or Revocation of POA with a New POA and Change of Correspondence Address for Reexam or Supplemental Exam and Patent
Patent – Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address	PTO/SB/81A	Patent - Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address
Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address	PTO/SB/81, PTO/AIA/82A/B, PTO/AIA/81	Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address ,   Power of Attorney to One or More of the Joint Inventors and Change of Correspondence Address ,   Transmittal for Power of Attorney to One or More Registered Practitioners/Power of Attorney by Applicant
Request for Withdrawal as Attorney or Agent and Change of Correspondence Address	PTO/SB/83	Request for Withdrawal as Attorney or Agent and Change of Correspondence Address
Customer Number Upload Spreadsheet
Petition to Waive 37 CFR 1.32(b)(4) and Grant Power of Attorney by Fewer than All the Applicants
Request for Customer Number Data Change	PTO/SB/124	Request for Customer Number Data Change

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ICR Summary 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	501,905	560,595	0	0	-58,690	0
Annual Time Burden (Hours)	28,480	113,004	0	0	-84,524	0
Annual Cost Burden (Dollars)	13,950	58,983	0	0	-45,033	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $2,827,217

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: 01/31/2018

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