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

Document Name	Status
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
Form Application for Re Change of Registration from Agent to Attorney Form and Instruction	Modified
Form Application for Re Application for Limited Recognition Form	Modified
Form PTO-107S Mandatory Survey – Register of Patent Attorneys and Agents (PTO-107S) Form	Unchanged
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
Form PTO-107R Reinstatement to the Register (PTO-107A) Form	Modified
Form PTO-1209 Oath or Affirmation Form	Unchanged
Form PTO/107A Data Sheet - Register of Patent Attorneys and Agents (individuals who have passed the registration exam) Form	Modified
Form PTO-275 Undertaking under 37 CFR 11.10(b) Form	Unchanged
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 (examination waived) Form	Unchanged
Form PTO-158 Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived) Form	Unchanged
0651-0012 2019 Patent Fee Review CWS.docx Justification for No Material/Nonsubstantive Change	2019-09-24
0012 Supporting Statement December 2017 Final.doc Supporting Statement A	2017-12-26
OED_General Requirements Bulletin 0012.pdf Supplementary Document	2014-08-06
USPTO-infoqualityguide.pdf Supplementary Document	2007-09-27

IC Document Collections

IC ID	Document Title	Status
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
229129	Petition to USPTO director under 11.2(d)	Modified
229128	Change of Registration from Agent to Attorney Form and Instruction	Modified
229126	Application for Limited Recognition Form	Modified
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
214042	Reasonable Accomodation	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 and Instruction	Unchanged
192952	Cover pages used for submitting correspondence to OED (for documents submitted with applications, request for reconsideration, and petitions)	Unchanged
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	Unchanged
181416	Reinstatement to the Register (PTO-107A) Form	Modified
181415	Oath or Affirmation Form	Unchanged
181412	Data Sheet - Register of Patent Attorneys and Agents (individuals who have passed the registration exam) Form	Modified
181410	Undertaking under 37 CFR 11.10(b) Form	Unchanged
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 (examination waived) Form	Unchanged
181407	Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived) Form	Unchanged

ICR Details

OMB Control No: 0651-0012	ICR Reference No: 201908-0651-007
Status: Historical Active	Previous ICR Reference No: 201712-0651-022
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: 10/29/2019
	Date Received in OIRA: 10/04/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	02/28/2021	02/28/2021	02/28/2021
Responses	19,944	0	19,864
Time Burden (Hours)	21,749	0	21,189
Cost Burden (Dollars)	1,538,728	0	1,471,988

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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) 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 48492	10/18/2017
30-day Notice:	Federal Register Citation:	Citation Date:
	82 FR 60971	12/26/2017
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 20

IC Title	Form No.	Form Name
Data Sheet - Register of Patent Attorneys and Agents (individuals who have passed the registration exam)	Form PTO - 107A, PTO/107A	Data Sheet - Register of Patent Attorneys and Agents ,   Data Sheet - Register of Patent Attorneys and Agents
Written Requests (Cert. of Good Standing, Disciplinary history)
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
Mandatory Survey – Register of Patent Attorneys and Agents (PTO-107S)	PTO-107S	Mandatory Survey: Data Sheet - Register of Patent Attorneys and Agents
Registration Examination to Become a Registered Practitioner
Oath or Affirmation	PTO-1209	Oath or Affirmation
Written Request for Reconsideration and Further Review of Disapproval Notice of Application
Application for Registration to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident (examination waived)	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
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
Data Sheet - Register of Patent Attorneys and Agents (foreign applicants)
Data Sheet - Register of Patent Attorneys and Agents (former examiners)
Application for Limited Recognition	Application for Registration	PTO 158
Change of Registration from Agent to Attorney	Application for Registration	PTO 158
Petition to USPTO director under 11.2(d)
Reasonable Accomodation
Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.12(c)
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, 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)
Cover pages used for submitting correspondence to OED (for documents submitted with applications, request for reconsideration, and petitions)

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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	19,944	19,864	0	80	0	0
Annual Time Burden (Hours)	21,749	21,189	0	560	0	0
Annual Cost Burden (Dollars)	1,538,728	1,471,988	0	66,740	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: No

Burden Reduction Due to:

Short Statement: Cost burdens are increasing due to a change in fees that are associated with the Biennial Fee review process.

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Annual Cost to Federal Government: $869,146

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: 10/04/2019

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