Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 83903 

Dated: December 18, 2020. 

Donna Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2020–28417 Filed 12–22–20; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Agency Information Collection 

Activities; Submission to the Office of 

Management and Budget (OMB) for 

Review and Approval; Comment 

Request; Admission to Practice and 

Roster of Registered Patent Attorneys 

and Agents Admitted to Practice 

Before the United States Patent and 

Trademark Office 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), in 

accordance with the Paperwork 

Reduction Act of 1995, invites 

comments on the extension and revision 

of an existing information collection: 

0651–0012 (Admission to Practice and 

Roster of Registered Patent Attorneys 

and Agents Admitted to Practice Before 

the United States Patent and Trademark 

Office). The purpose of this notice is to 

allow 60 days for public comment 

preceding submission of the information 

collection to OMB. 

DATES: To ensure consideration, 

comments regarding this information 

collection must be received on or before 

February 22, 2021. 

ADDRESSES: Interested persons are 

invited to submit written comments by 

any of the following methods. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0012 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Kimberly Hardy, Office of the 

Chief Administrative Officer, United 

States Patent and Trademark Office, 

P.O. Box 1450, Alexandria, VA 22313– 

1450. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to Dahlia George, 

Office of Enrollment and Discipline, 

United States Patent and Trademark 

Office, P.O. Box 1450, Alexandria, VA 

22313–1450; by telephone at 571–272– 

4097; or by email to Dahlia.George@

uspto.gov with ‘‘0651–0012 comment’’ 

in the subject line. Additional 

information about this information 

collection is also available at http://

www.reginfo.gov under ‘‘Information 

Collection Review.’’ 

SUPPLEMENTARY INFORMATION: 

I. 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. 

II. Method of Collection 

Items in this information collection 

may be submitted via online electronic 

submissions. Applicants may also 

submit the information in paper form by 

mail, fax, or hand delivery. 

III. Data 

OMB Control Number: 0651–0012. 

Form Numbers: 

• PTO–107A: (Data Sheet—Register of 

Patent Attorneys and Agents) 

• PTO–107R: (Reinstatement to the 

Register) 

• PTO–107S: (Registration Statement of 

Patent Attorneys and Agents) 

• PTO–158: (Application for 

Registration to Practice Before the 

United States Patent and Trademark 

Office) 

• 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) 

• PTO 158RA: (Reasonable 

Accommodation) 

• 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) 

• PTO–1209: (Oath or Affirmation) 

Type of Review: Revision of a 

currently approved information 

collection. 

Affected Public: Individuals or 

households. 

Estimated Number of Respondents: 

21,251 per year. 

Estimated Number of Responses: 

30,727 per year. 

Estimated Time per Response: The 

USPTO estimates that it takes the public 

approximately 5 minutes (0.08 hours) to 

7 hours to complete this information, 

depending upon the application. This 

includes the time to gather the 

necessary information, prepare and 

maintain the documents, and submit the 

items to the USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 18,188 hours. 

Estimated Total Annual Respondent 

(Hourly) Cost Burden: $7,275,200. 


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83904 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 

1 2019 Report of the Economic Survey, published 

by the Committee on Economics of Legal Practice 

of the American Intellectual Property Law 

Association (AIPLA); https://www.aipla.org/detail/ 

journal-issue/2019-report-of-the-economic-survey. 

The USPTO uses the mean rate for attorneys in 

private firms which is $400 per hour. 

2 General Requirements Bulletin for Admission to 

the Examination for Registration to Practice in 

Patent Cases before the United States Patent and 

Trademark Office; https://www.uspto.gov/sites/ 

default/files/documents/OED_GRB.pdf 

TABLE 1—TOTAL HOURLY REPORTING BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS

Item No. Item 

Estimated 

annual 

respondents 

Estimated 

annual 

responses 

(year) 

Estimated 

time for 

response 

(hours) 

Estimated 

annual burden 

(hour/year) 

Rate 1

($/hour) 

Estimated 

annual 

respondent 

cost burden 

(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) 

1 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 ......................................................

2,474 2,474 0.50 1,237 $400 $494,800 

1 Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived).

PTO–158 ......................................................

34 34 0.50 17 400 6,800 

1 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 ....................................................

6 6 0.50 3 400 1,200 

1 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 (examination waived).

PTO–158T ....................................................

11 11 0.50 6 400 2,400 

2 Registration Examination to Become a Registered Practitioner.Same as line 

1 

1,616 7 11,312 400 4,524,800 

3 Reasonable Accommodation .......................

PTO 158RA ..................................................

Same as line 

1 

63 4 252 400 100,800 

4 Data Sheet—Register of Patent Attorneys 

and Agents.

PTO–107A ....................................................

Same as line 

1 

840 0.5 420 400 168,000 

5 Registration Statement of Patent Attorneys 

and Agents.

PTO–107S ....................................................

16,333 16,333 0.25 4,083 400 1,633,200 

6 Oath or Affirmation .......................................

PTO–1209 ....................................................

Same as line 

1 

840 0.08 67 400 26,800 

7 Reinstatement to the Register .....................

PTO–107R ...................................................

76 76 0.08 6 400 2,400 

8 Change of Registration from Agent to Attorney.

PTO–158 ......................................................

252 252 0.50 126 400 50,400 

9 Written Requests (Certificate of Good 

Standing, Disciplinary History).

2,057 3,578 0.08 286 400 114,400 

10 Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 

11.2(c).

7 7 0.75 5 400 2,000 

11 Petition to USPTO Director under 37 CFR 

11.2(d).

1 1 0.75 1 400 400 

Total ....................................................................... 21,251 26,131 ........................ 17,821 ........................ 7,128,400 

The USPTO Office of Enrollment and 

Discipline General Requirements 

Bulletin 2 recommends that ‘‘an 

applicant should make and keep a copy 

of every document submitted to the 

Office in connection with an application 

for registration.’’ The USPTO estimates 

that it will take an applicant 

approximately 5 minutes (0.08 hours) to 

print and retain a copy of the 

submissions and that approximately 

4,596 responses requiring record 

keeping (based on the response numbers 

from Table 1) will be made per year, for 

a total of 367 hours. 


jbell on DSKJLSW7X2PROD with NOTICES
Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 83905 

3 2019 Report of the Economic Survey, published 

by the Committee on Economics of Legal Practice 

of the American Intellectual Property Law 

Association (AIPLA); https://www.aipla.org/detail/ 

journal-issue/2019-report-of-the-economic-survey. 

The USPTO uses the mean rate for attorneys in 

private firms which is $400 per hour. 

TABLE 2—TOTAL HOURLY RECORDKEEPING BURDEN FOR INDIVIDUALS OR HOUSEHOLDS RESPONDENTS

Item No. Item 

Estimated 

annual 

responses 

(year) 

Estimated 

time for 

response 

(hours) 

Estimated 

annual burden 

(hour/year) 

Rate 3

($/hour) 

Estimated 

annual 

respondent 

cost burden 

(a) (b) (a) × (b) = (c) (d) (c) × (d) = (e) 

1 Application for Registration to Practice Before the United States Patent and 

Trademark Office.

2,525 0.08 202 $400 $80,800 

3 Reasonable Accommodation ..................... 63 0.08 5 400 2,000 

4 Data Sheet—Register of Patent Attorneys 

and Agents.

840 0.08 67 400 26,800 

6 Oath or Affirmation ..................................... 840 0.08 67 400 26,800 

7 Reinstatement to the Register ................... 76 0.08 6 400 2,400 

8 Change of Registration from Agent to Attorney.252 0.08 20 400 8,000 

Totals ..................................................................... 4,596 ........................ 367 ........................ 146,800 

Estimated Total Annual (Non-hour) 

Respondent Cost Burden: $875,706. 

There are no capital start-up or 

maintenance costs associated with this 

information collection. There are, 

however, non-hour costs due to filing 

fees, postage costs, and notary fees. 

There are filing fees associated with 

this information collection. The 

application fees for registration to 

practice before the USPTO vary 

depending on whether the applicant is 

a current applicant, a former examiner, 

a foreign resident, or seeking 

reinstatement to the Register. The fee for 

administration of the computerized 

examination to become a registered 

patent practitioner also varies 

depending on how the examination is 

administered. The total annual nonhour cost burden associated with filing 

fees is $865,958. 

TABLE 3—FILING FEES

Item No. Item Responses 

(year) 

Filing fee 

($) 

Total non-hour 

respondent 

cost burden 

($/hour) 

(a) (b) (a) × (b) = (c) 

1 Non-Refundable Application Fee for Registration to Practice Before the 

United States Patent and Trademark Office (includes both the computerized exam and the USPTO-administered exam).

2,474 $110 $272,140 

1 Application Fee for Registration to Practice Before the United States Patent 

and Trademark Office, as applicable when used for registration fees only 

(former examiners; examination waived).

34 110 3,740 

1 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).

6 110 660 

1 Application Fee 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/Agent (examination waived).

11 110 1,210 

1 Non-Refundable Application Fee for Enrollment and/or Reinstatement to 

Practice Before the United States Patent and Trademark Office under 37 

CFR 1.21(a)(10) (those who must prove fitness to practice).

7 1,680 11,760 

2 Registration examination fee for administration of computerized examination 

to become a registered patent practitioner administered by a commercial 

entity (computer exam).

1,616 173 279,568 

2 For administered review of Registration Examination by a commercial entity 

(computer exam).

300 205 61,500 

2 Registration examination fee for administration of computerized examination 

to become a registered patent practitioner administered by the USPTO 

(USPTO-administered exam).

1 470 470 

2 For USPTO-Administered Review of Registration Examination ....................... 1 470 470 

4 On Registration to Practice Under 37 CFR 11.6. On Grant of Limited Recognition Under 37 CFR 11.9(b).840 210 176,400 

7 Reinstatement to the Register .......................................................................... 76 210 15,960 

8 On Change of Registration from Agent to Attorney .......................................... 252 110 27,720 

14 Certificate of Good Standing as an Attorney or Agent, Standard .................... 275 40 11,000 


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83906 Federal Register / Vol. 85, No. 247 / Wednesday, December 23, 2020 / Notices 

TABLE 3—FILING FEES—Continued 

Item No. Item Responses 

(year) 

Filing fee 

($) 

Total non-hour 

respondent 

cost burden 

($/hour) 

(a) (b) (a) × (b) = (c) 

10 Petition to the Director of the Office of Enrollment and Discipline under 37 

CFR 11.2(c).

7 420 2,940 

11 Review of Decision of the Director of Enrollment and Discipline Under 37 

CFR 11.2(d).

1 420 420 

Totals ............................................................................................................................ 5,901 ........................ 865,958 

Postage costs are also associated with 

this information collection. The USPTO 

estimates that the average postage cost 

for a mailed submission, depending 

upon the item sent, will be $0.55. The 

USPTO estimates that with 2,450 mailed 

submissions, the postage costs in this 

information collection will be $1,348. 

Additional costs are incurred for new 

Patent Bar members who are required to 

obtain and submit an Oath or 

Affirmation. These items usually require 

the services of a public notary. The cost 

of a notarized document is dependent 

upon local rules, but is estimated by 

USPTO to average $10. The cost of 840 

Oaths is estimated to be $8,400. 

Therefore, the USPTO estimates that 

the total annual (non-hour) cost burden 

for this information collection, in the 

form of filing fees, postage, and notary 

fees is $875,706. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

IV. Request for Comments 

The USPTO is soliciting public 

comments to: 

(a) Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Agency, including 

whether the information will have 

practical utility; 

(b) Evaluate the accuracy of the 

Agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

(c) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(d) Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

All comments submitted in response 

to this notice are a matter of public 

record. USPTO will include or 

summarize each comment in the request 

to OMB to approve this information 

collection. Before including an address, 

phone number, email address, or other 

personal identifying information in a 

comment, be aware that the entire 

comment—including personal 

identifying information—may be made 

publicly available at any time. While 

you may ask in your comment to 

withhold personal identifying 

information from public view, USPTO 

cannot guarantee that it will be able to 

do so. 

Kimberly Hardy, 

Information Collections Officer, Office of the 

Chief Administrative Officer, United States 

Patent and Trademark Office. 

[FR Doc. 2020–28412 Filed 12–22–20; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No. PTO–P–2020–0057] 

Request for Comments on the National 

Strategy for Expanding American 

Innovation 

AGENCY: United States Patent and 

Trademark Office, Department of 

Commerce. 

ACTION: Request for comments. 

SUMMARY: On September 14, 2020, the 

United States Patent and Trademark 

Office (USPTO) hosted the inaugural 

meeting of the National Council for 

Expanding American Innovation 

(NCEAI). The NCEAI consists of 

distinguished leaders from industry, 

academia, government, and nonprofit 

organizations. It was organized as an 

outgrowth of the Study of 

Underrepresented Classes Chasing 

Engineering and Science Success Act of 

2018, which charged the USPTO with 

preparing a report concerning patenting 

and entrepreneurship activities among 

women, minorities, and veterans. The 

goal of the NCEAI is to help the USPTO 

develop a national strategy to build a 

more demographically, geographically, 

and economically inclusive innovation 

ecosystem. To assist in the development 

of this strategy, the USPTO is seeking 

input from the public. 

DATES: Comment Deadline: To be 

ensured of consideration, written 

comments must be received by February 

8, 2021. 

ADDRESSES: Comments must be 

submitted through the Federal 

eRulemaking Portal at 

www.regulations.gov. To submit 

comments via the portal, enter docket 

number PTO–P–2020–0057 on the 

homepage and click ‘‘search.’’ The site 

will provide a search results page listing 

all documents associated with this 

docket. Find a reference to this notice 

and click on the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. Attachments 

to electronic comments will be accepted 

in ADOBE® portable document format 

or MICROSOFT WORD® format. 

Because written comments and 

testimony will be made available for 

public inspection, information that a 

respondent does not desire to be made 

public, such as a phone number, should 

not be included in the testimony or 

written comments. 

FOR FURTHER INFORMATION CONTACT: For 

questions or comments regarding this 

notice, please send your inquiries to 

innovationcomment@uspto.gov, or 

telephone Janine Scianna, Office of 

Governmental Affairs, at 571–272–0502. 

SUPPLEMENTARY INFORMATION: To 

maintain the United States’ economic 

competitiveness on the world stage, it is 

imperative for our nation to encourage 

individuals from all backgrounds and 

areas of the country to participate in the 

innovation ecosystem, particularly in 

obtaining intellectual property rights. 

However, research reveals patterns of 

disparity in innovation participation 

rates for women, people of color, 

veterans, economically disadvantaged 


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