Public Law 113–227 (Dec. 16, 2014)
requires the United States Patent and Trademark Office (USPTO) to
establish regulations and procedures for application to, and
participation in, the USPTO Law School Clinic Certification Program
(LSCCP). The LSCCP Program allows students enrolled in a
participating law school’s clinic to practice patent or trademark
law before the USPTO under the direct supervision of a faculty
clinic supervisor. Each clinic provides legal services on a pro
bono basis for clients who qualify for assistance from the law
school’s clinic. By drafting, filing, and prosecuting patent and
trademark applications, students gain valuable experience that
would otherwise be unavailable to them while in law school. The
program also facilitates the provision of pro bono services to
trademark and patent applicants who lack the financial resources
necessary for traditional legal representation. In 2020, there were
60 law schools participating. This information collection covers
the applications from law schools that wish to enter the program,
faculty advisors who seek to become a faculty clinic supervisor,
and students who seek to participate in this program. The
information collection also includes the required biannual reports
from participating law school clinics and biennial renewals
required by the program as well as the request to make special
under the Law School Clinic Certification Program, which allows a
limited number of applications per semester to be advanced out of
turn (accorded special status) for examination if the applicant
makes the appropriate showing, to provide law students with
practical experience as they will be more likely to receive
substantive examination of applications within the school year that
the application is filed.
PL:
Pub.L. 113 - 227 1 Name of Law: USPTO LAW SCHOOL CLINIC
CERTIFICATION PROGRAM
Adjustments in the information
collection are due to: • Increase of estimated annual responses.
The USPTO estimates 258 more annual responses overall due to an
increase of 295 law student requests and a decrease in 14 law
schools applying for program participation. At this time, the law
school program already has a full compliment of law schools and is
not generally expecting new applications. The number of Law School
faculty member applications (25 less) and petitions to make special
under the law school clinic (28 less) have also both decreased from
USPTO initial estimates. • Decrease of estimated time burdens. The
adjustments in annual responses directly result in adjustments to
the time burdens. Most notably the decrease in each Law school
application results in 40 fewer hours being associated with this
information collection. That aggregated decrease, along with other
adjustments, makes up for the increasing number of Law school
student applications as the student applications take much less
time (30 minutes) to complete. • Increases in estimated hourly
rates. For the current renewal, the USPTO is using updated hourly
rates of $438 for attorneys that are higher than the previous
estimated rate of $410.
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:
(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;
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.
Form PTO/SB/419 Certification and Request to Make Special Under the Law School Clinic Program
0651-0081 Supporting Statement 2020.docx
USPTO Information Quality Guidelines.pdf
Certification and Request to Make Special Under the Law School Clinic Program