Public Law 113â227 (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 schoolâs 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 schoolâs 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 PROGRAM
0651-0081 Supporting Statement 2020.docx
USPTO Information Quality Guidelines.pdf
Certification and Request to Make Special Under the Law School Clinic Program