Admission to Practice and Roster of Registered Patent Attorneys and Agents Admitted to Practice Before the United States Patent and Trademark Office

Forms and Documents

Document Name	Status
Form PTO-158 Application for Registration to Practice Before the United States Patent and Trademark Office Form	Modified
Form Application for Re Change of Registration from Agent to Attorney Form and Instruction	Removed
Form Application for Re Application for Limited Recognition Form	Removed
Form PTO-107S Mandatory Survey – Register of Patent Attorneys and Agents (PTO-107S) Form	Removed
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	Removed
Form PTO-158 Change of Registration from Agent to Attorney Form	Modified
Form PTO-107R Reinstatement to the Register Form	Modified
Form PTO-107S Registration Statement of Patent Attorneys and Agents Form	Modified
Form PTO-158T Application for Recognition to Practice Before the United States Patent and Trademark Office under 37 CFR § 11.14(c) by a Foreign Resident Form	Modified
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	Modified
Form PTO-158 Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived) Form	Modified
OED_General Requirements Bulletin.pdf Supplementary Document	2021-02-26
0012 Supporting Statement 2021_2_25 final.docx Supporting Statement A	2021-02-26
Leahy Smith America Invents Act-pub-l112-29.pdf Supplementary Document	2021-02-25
Information Quality Guidelines _ USPTO.pdf Supplementary Document	2020-07-31

IC Document Collections

IC ID	Document Title	Status
37380	Application for Registration to Practice Before the United States Patent and Trademark Office Form	Modified
229129	Petition to USPTO director under 11.2(d)	Removed
229128	Change of Registration from Agent to Attorney Form and Instruction	Removed
229126	Application for Limited Recognition Form	Removed
229097	Written Requests (Cert. of Good Standing, Disciplinary history)	Removed
229055	Data Sheet - Register of Patent Attorneys and Agents (former examiners)	Removed
229053	Data Sheet - Register of Patent Attorneys and Agents (foreign applicants)	Removed
225120	Mandatory Survey – Register of Patent Attorneys and Agents (PTO-107S) Form	Removed
214042	Reasonable Accomodation	Removed
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	Removed
192952	Cover pages used for submitting correspondence to OED (for documents submitted with applications, request for reconsideration, and petitions)	Removed
181418	Petition to USPTO Director under 37 CFR 11.2(d)	Modified
181417	Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.2(c)	Modified
181416	Written Requests (Certificate of Good Standing, Disciplinary History)	Modified
181415	Change of Registration from Agent to Attorney Form	Modified
181412	Reinstatement to the Register Form	Modified
181410	Registration Statement of Patent Attorneys and Agents Form	Modified
181409	Application for Recognition to Practice Before the United States Patent and Trademark Office under 37 CFR § 11.14(c) by a Foreign Resident Form	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	Modified
181407	Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived) Form	Modified

ICR Details

OMB Control No: 0651-0012	ICR Reference No: 202102-0651-003
Status: Received in OIRA	Previous ICR Reference No: 202007-0651-003
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
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/26/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved	02/28/2021
Responses	30,727	19,944
Time Burden (Hours)	18,188	21,749
Cost Burden (Dollars)	875,706	1,540,328

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Abstract: This collection of information is required by 35 U.S.C. 2(b)(2)(D), which permits the United States Patent and Trademark Office (USPTO) to establish regulations governing the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the USPTO. This statute also permits the USPTO to require information from applicants that shows that they are of good moral character and reputation and have the necessary qualifications to assist applicants with the patent process and to represent them before the USPTO. This information collection addresses submissions required by the regulations at 37 CFR 1.21, 10.14, and 11.5-11.11, which set forth the requirements to apply for the examination for registration and to demonstrate eligibility to be a registered attorney or agent before the USPTO, including the fee requirements. The Office of Enrollment and Discipline (OED) collects this information to determine the qualifications of individuals entitled to represent applicants before the USPTO in the preparation and prosecution of applications for a patent. The OED also collects this information to administer and maintain the public roster of attorneys and agents registered to practice before the USPTO, which is accessible through the USPTO website. The information in this information collection is used by the USPTO to review applications for the examination for registration and to determine whether an applicant may be added to, or an existing practitioner may remain on, the Register of Patent Attorneys and Agents.

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Authorizing Statute(s): US Code: 35 USC 2(b)(2)(D) Name of Law: Leahy Smith America Invents Act
  

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:
	85 FR 83903	12/23/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 11731	02/26/2021
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 10

IC Title	Form No.	Form Name
Data Sheet - Register of Patent Attorneys and Agents (foreign applicants)
Data Sheet - Register of Patent Attorneys and Agents (former examiners)
Written Requests (Cert. of Good Standing, Disciplinary history)
Cover pages used for submitting correspondence to OED (for documents submitted with applications, request for reconsideration, and petitions)
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
Reasonable Accomodation
Application for Recognition to Practice Before the United States Patent and Trademark Office under 37 CFR § 11.14(c) by a Foreign Resident	PTO-158T	Application for Recognition to Practice Before The United States Patent And Trademark Office Under 37 CFR § 11.14(c) by a Foreign Resident
Change of Registration from Agent to Attorney	PTO-158	Application for Registration to Practice Before The United States Patent and Trademark Office
Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.2(c)
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	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	PTO-158, PTO-158RA, PTO-107A, PTO-1209	Application for Registration to Practice Before the United States Patent and Trademark Office ,   Request for reasonable accommodation ,   Data Sheet - Register of Patent Attorneys and Agents ,   Oath or Declaration
Mandatory Survey – Register of Patent Attorneys and Agents (PTO-107S)	PTO-107S	Mandatory Survey: Data Sheet - Register of Patent Attorneys and Agents
Reinstatement to the Register	PTO-107R	Data Sheet - Register of Patent Attorneys and Agents
Petition to USPTO Director under 37 CFR 11.2(d)
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
Written Requests (Certificate of Good Standing, Disciplinary History)
Registration Statement of Patent Attorneys and Agents	PTO-107S	Registration Statement of Patent Attorneys and Agents
Petition to USPTO director under 11.2(d)
Application for Limited Recognition	Application for Registration	PTO 158
Change of Registration from Agent to Attorney	Application for Registration	PTO 158

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ICR Summary of Burden

	Total Request	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	30,727	19,944	0	0	10,783	0
Annual Time Burden (Hours)	18,188	21,749	0	0	-3,561	0
Annual Cost Burden (Dollars)	875,706	1,540,328	0	0	-664,622	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: Changes in Responses and Burden Hours The total respondent cost burden for this information collection has decreased by $3,561 (from $21,749 to $18,188) from the previous OMB approval of this information collection in December 2017. This change is due to: • Decrease in hourly burden due to changes in submissions. This increase is the result of natural fluctuation in the items being submitted as well as certain changes regarding exam options. Changes in Responses and Burden Hours For this renewal, the USPTO estimates that the annual responses will increase by 10,783 (from 19,944 to 30,727) from the currently approved burden for this information collection. This change is due to the following: • Increase in submission volumes. This increase is the result of natural fluctuation in the items being submitted. • Increase in responses due to recordkeeping costs. The recordkeeping costs were previously associated with non-hourly cost burden but are being associated as a response with hourly time burdens. Changes in Annual (Non-Hour) Costs For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $664,622 (from $1,540,328 to $875,706) from the currently approved costs for this information collection. This change is due to: • Decrease in fee estimates. The non-hourly cost decreased due to the decrease in the estimate of fees. This decrease outweighed the increases in recordkeeping costs and postage costs. • Decrease in costs due to recordkeeping. The recordkeeping costs were previously associated with non-hourly cost burden but are now being associated as a response with hourly time burdens.

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Annual Cost to Federal Government: $584,244

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? No

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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: 02/26/2021

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