48492 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 

5167, marked to the attention of 

Nicholas A. Fraser. 

Marcie Lovett, 

Records Management Division Director, 

USPTO, Office of the Chief Information 

Officer. 

[FR Doc. 2017–22619 Filed 10–17–17; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Admission To Practice and Roster of 

Registered Patent Attorneys and 

Agents Admitted To Practice Before 

the United States Patent and 

Trademark Office (USPTO) 

ACTION: Proposed collection; comment 

request. 

SUMMARY: The United States Patent and 

Trademark Office (USPTO), as required 

by the Paperwork Reduction Act of 

1995, invites comments on a proposed 

information collection proposed 

extension of an existing information 

collection. 

DATES: Written comments must be 

submitted on or before December 18, 

2017. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0012 

comment’’ in the subject line of the 

message. 

• Federal Rulemaking Portal: http://

www.regulations.gov. 

• Mail: Marcie Lovett, Records and 

Information Governance Division 

Director, Office of the Chief Technology 

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 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. 

The USPTO administers the statute 

through 37 CFR 1.21, 10.14 and 11.5 

through 11.12. These rules address 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 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 information to 

administer and maintain the roster of 

attorneys and agents registered to 

practice before the USPTO. Information 

concerning registered attorneys and 

agents is published by the OED in a 

public roster that can be accessed 

through the USPTO Web site. The 

information in this 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 

Individuals desiring to participate in 

the Register of Patent Attorneys may 

submit material in electronic form or by 

mail following guidance provided by 

the Office of Enrollment and Discipline. 

III. Data 

OMB Number: 0651–0012. 

IC Instruments and Forms: PTO–158, 

PTO–158A, PTO–158T, PTO–107A, 

PTO–107R, PTO–107S, PTO–275, PTO– 

1209, PTO–2126, PTO–2149 and PTO– 

2150. 

Type of Review: Extension of a 

Previously Existing Information 

Collection. 

Affected Public: Individuals. 

Estimated Number of Annual 

Respondents: 18,458. Estimates for 

numbers of annual responses are based 

on the previously received number of 

responses and the anticipated 

participation trends over the next three 

years. 

Estimated Time per Response: The 

USPTO estimates that it takes the public 

approximately 1 minute (0.01 hours) to 

40 hours to complete this information, 

depending upon the application (see 

Table 1 below). This includes the time 

to gather the necessary information, 

prepare the forms, and submit the items 

to the USPTO. 

Estimated Total Annual Respondent 

Burden Hours: 18,559.39 hours. 

Estimated Total Annual Respondent 

(Hourly) Cost Burden: $8,090,661.34. 

The USPTO expects that attorneys will 

complete the items in this collection. 

The professional hourly rate for 

attorneys is $438. The rate is established 

by estimates in the 2017 Report for the 

Economic Survey of the American 

Intellectual Property Law Association. 

Using this hourly rate, the USPTO 

estimates that the total respondent cost 

burden for this collection is 

$8,090,661.34 per year. 

TABLE 1—RESPONDENT COSTS

IC No. Item Hours Responses 

(yr) 

Burden 

(hrs/yr) 

Rate 

($/hr) 

Estimated 

respondent 

cost 

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

1 ............. Application for Registration to Practice Before 

the United States Patent and Trademark 

Office (includes both the computerized 

exam and the USPTO-administered exam) 

Form PTO–158.

0.50 2,611 1,305.50 $438 $571,809.00 


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TABLE 1—RESPONDENT COSTS—Continued 

IC No. Item Hours Responses 

(yr) 

Burden 

(hrs/yr) 

Rate 

($/hr) 

Estimated 

respondent 

cost 

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

1 ............. Application for Registration to Practice Before 

the United States Patent and Trademark 

Office (former examiners; examination 

waived) Form PTO–158.

0.50 19 9.50 438 4,161.00 

2 ............. 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 PTO– 

158A.

0.50 10 5.00 438 2,190.00 

3 ............. 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) Form 

PTO–158T.

0.50 3 1.50 438 657.00 

4 ............. Mandatory Survey—Register of Patent Attorneys and Agents PTO–107S.0.50 5,000 2,500 438 1,095,000.00 

5 ............. Registration Examination to Become a Registered Practitioner.7.00 1,982 13,874 438 6,076,812.00 

6 ............. Undertaking under 37 CFR 11.10(b) PTO/275 0.33 159 53 438 23,214.00 

7 ............. Data Sheet—Register of Patent Attorneys 

and Agents (individuals passing the registration exam) PTO–107A.

0.17 916 152.67 438 68,868.00 

7 ............. Data Sheet—Register of Patent Attorneys 

and Agents (foreign applicants) PTO–107A.

0.17 100 16.67 438 7,300.00 

7 ............. Data Sheet—Register of Patent Attorneys 

and Agents (former examiners seeking registration) PTO–107R.

0.17 100 16.67 438 7,300.00 

8 ............. Oath or Affirmation PTO–1209 ....................... 0.08 1,116 93 438 40,734.00 

9a ........... Reinstatement to the Register PTO–107A, 

PTO–107R.

0.01 53 0.88 438 386.90 

9b ........... Written request for reconsideration and further review of disapproval notice of application.1.50 30 45 438 19,710.00 

9c ............ Petition to the Director of the Office of Enrollment and Discipline under 11.2(c).0.75 20 15 438 6,570.00 

10 ........... Cover pages used for submitting correspondence to OED (for documents submitted 

with applications, requests for reconsideration, and petitions).

0.05 6,300 315 438 137,970.00 

11 ........... Reasonable Accommodation PTO 158R ........ 4.0 39 156 438 68,328.00 

Totals ......................................................................... ........................ 18,458 18,559.39 ........................ 8,090,661.34 

Estimated Total Annual (Non-hour) 

Respondent Cost Burden: Estimated 

Total Annual Non-hour Respondent 

Cost Burden: $1,546,909.00. There are 

no capital start-up or maintenance costs 

associated with this information 

collection. There are, however, nonhour costs due to recordkeeping 

requirements, filing fees, and postage 

costs. 

The General Requirements Bulletin 

recommends that ‘‘applicants 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 5,176 responses will 

be made per year, for a total of 413 

hours. Using the professional rate of 

$438 per hour for intellectual property 

attorneys, the USPTO estimates that the 

record keeping cost associated with this 

copy requirement will be $181,752 per 

year. 

An additional cost comes from the 

requirement for an Oath statement for 

each member of the patent bar; an item 

which requires the services of a notary 

public. The average fee for having a 

document notarized is $6. The USPTO 

estimates that it will receive 1,116 

responses to this information collection 

per year as a result of this notary 

requirement, for a total cost of $6,696.00 

per year, for a total recordkeeping cost 

of $195,620.00. 


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TABLE 2—RECORDKEEPING COSTS

IC No. Item Hours Responses 

(yr) 

Burden 

(hrs/yr) 

Rate 

($/hr) 

Estimated 

respondent 

cost 

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

1 ............. Application for Registration to Practice Before 

the United States Patent and Trademark 

Office (includes both the computerized 

exam and the USPTO-administered exam) 

Form PTO–158.

0.08 2,630 219.17 $438.00 $95,995.00 

2 ............. 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 PTO– 

158A.

0.08 10 0.83 438.00 365.00 

3 ............. 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) Form 

PTO–158T.

0.08 3 0.25 438.00 109.50 

6 ............. Undertaking under 37 CFR 11.10(b) PTO/275 0.08 159 13.25 438.00 5,803.50 

7 ............. Data Sheet—Register of Patent Attorneys 

and Agents (individuals passing the registration exam) PTO–107A.

0.08 1,116 93.00 438.00 40,734.00 

8 ............. Oath or Affirmation PTO–1209 ....................... 0.08 1,116 93.00 438.00 40,734.00 

8 ............. Oath or Affirmation Cost of Notary Public ...... ........................ 1,116 ........................ 6 Cost of 

notary public 

6,696.00 

9a ........... Reinstatement to the Register PTO–107A, 

PTO–107R.

0.08 53 4.42 438.00 1,934.50 

9b ........... Written request for reconsideration and further review of disapproval notice of application.0.08 30 2.50 438.00 1,095.00 

9c ............ Petition to the Director of the Office of Enrollment and Discipline under 11.2(c).0.08 20 1.67 438.00 730.00 

11 ........... Reasonable Accommodation PTO 158R ........ 0.08 39 3.25 438.00 1,423.50 

Totals ......................................................................... ........................ 6,292 431.33 ........................ 195,620.00 

There are also filing fees associated 

with this collection. The application 

fees for registration to practice before 

the USPTO vary depending on whether 

the applicant is a current applicant, a 

former examiner, or a foreign resident, 

or seeking reinstatement to the Register 

to become active upon leaving the 

USPTO. 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 non-hour cost burden associated 

with filing fees is $776,920.00. 

TABLE 3—FILING FEES

IC No. Item Responses 

(yr) 

Filing Fee 

($) 

Total non-hour 

cost burden 

($/hr) 

(a) (b) (c)=(a) × (b) 

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).

2,611 $40.00 $104,400.00 

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).

19 40.00 760.00 

2 .............. 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 PTO–158A.

10 40.00 400.00 

3 .............. 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).

3 40.00 120.00 

5 .............. Registration examination fee for administration of computerized examination to 

become a registered patent practitioner administered by the USPTO (USPTOadministered exam).

20 450.00 9,000.00 

5 .............. Registration examination fee for administration of computerized examination to 

become a registered patent practitioner administered by a commercial entity 

(computer exam).

2,382 200.00 476,400.00 


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TABLE 3—FILING FEES—Continued 

IC No. Item Responses 

(yr) 

Filing Fee 

($) 

Total non-hour 

cost burden 

($/hr) 

(a) (b) (c)=(a) × (b) 

7 .............. Data Sheet—Register of Patent Attorneys and Agents (individuals passing the 

registration exam) PTO–107A.

916 100.00 91,600.00 

7 .............. Data Sheet—Register of Patent Attorneys and Agents (foreign applicants) PTO– 

107A.

100 100.00 10,000.00 

7 .............. Data Sheet—Register of Patent Attorneys and Agents (former examiners seeking registration) PTO–107R.100 100.00 10,000.00 

9a ............ Reinstatement to the Register PTO–107A, PTO–107R ......................................... 53 100.00 5,300.00 

9b ............ Written request for reconsideration and further review of disapproval notice of 

application.

30 130.00 3,900.00 

9c ............ Petition to the Director of the Office of Enrollment and Discipline under 11.2(c) .. 20 130.00 2,600.00 

9d ............ Petition for reinstatement after disciplinary removal under 37 CFR 11.60 ............ 4 1,600.00 6,400.00 

9f ............. 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).

35 1,600.00 56,000.00 

Totals ................................................................................................................................. 6,303 — 776,920.00 

Postage costs are also associated with 

this collection. Estimates for postage 

range from $0.49 to $1.73 per mailed 

submission, depending upon the item 

sent. The postage costs estimated at 

$2,260.53 for this collection and are 

outlined in the table below. 

TABLE 4—POSTAGE COSTS

IC No. Item Responses Postage fee 

($) 

Total non-hour 

cost burden 

(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).

2,611 $0.61 $1,592.71 

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).

19 0.61 11.59 

2 .............. 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 PTO–158A.

10 0.49 4.90 

3 .............. 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).

3 0.61 1.83 

7 .............. Data Sheet—Register of Patent Attorneys and Agents (individuals passing the 

registration exam) PTO–107A.

916 0.49 448.84 

7 .............. Data Sheet—Register of Patent Attorneys and Agents (foreign applicants) PTO– 

107A.

100 0.49 49.00 

7 .............. Data Sheet—Register of Patent Attorneys and Agents (former examiners seeking registration) PTO–107A.100 0.49 49.00 

9a ............ Reinstatement to the Register PTO–107A, PTO–107R ......................................... 53 0.49 25.97 

9b ............ Written request for reconsideration and further review of disapproval notice of 

application.

30 0.61 18.30 

9c ............ Petition to the Director of the Office of Enrollment and Discipline under 11.2(c) .. 20 1.73 34.60 

11 ............ Reasonable Accommodation PTO 158R ............................................................... 39 0.61 23.79 

Totals ................................................................................................................................. 3,901 ........................ 2,260.53 

Therefore, the USPTO estimates that 

the total annual (non-hour) cost burden 

for this collection, in the form of filing 

fees and postage is $779,180.53 per year. 

IV. Request for Comments 

Comments submitted in response to 

this notice will be summarized or 

included in the request for OMB 

approval of this information collection; 

they also will become a matter of public 

record. 

Comments are invited on: 

(a) Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information shall have practical utility; 

(b) The accuracy of the agency’s 

estimate of the burden (including hours 

and cost) of the proposed collection of 

information; 

(c) Ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and 

(d) Ways to minimize the burden of 

the collection of information on 


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48496 Federal Register / Vol. 82, No. 200 / Wednesday, October 18, 2017 / Notices 

respondents, e.g., the use of automated 

collection techniques or other forms of 

information technology. 

Marcie Lovett, 

Records and Information Governance 

Division Director, OCTO United States Patent 

and Trademark Office. 

[FR Doc. 2017–22617 Filed 10–17–17; 8:45 am] 

BILLING CODE 3510–16–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Submission for OMB Review; 

Comment Request; Substantive 

Submissions Made During the 

Prosecution of the Trademark 

Application 

The United States Patent and 

Trademark Office (USTPO) will submit 

to the Office of Management and Budget 

(OMB) for clearance the following 

proposal for collection of information 

under the provisions of the Paperwork 

Reduction Act (44 U.S.C. Chapter 35). 

Agency: United States Patent and 

Trademark Office, Commerce. 

Title: Substantive Submissions Made 

During the Prosecution of the 

Trademark Application. 

OMB Control Number: 0651–0054. 

Form Number(s): 

• PTO 1553 

• PTO 1581 

• PTO 2194 

• PTO 2195 

• PTO 2200 

• PTO 2202 

Type of Request: Revision of a 

currently approved collection. 

Number of Annual Respondents: 

374,972 responses. 

Average Hours per Response: The 

USPTO expects that it will take the 

public approximately 10 to 35 minutes 

(0.17 to 0.58 hours) to gather the 

necessary information, create the 

document, and submit the completed 

request, depending upon the type of 

request and the method of submission 

(electronic or paper). 

Burden Hours: 101,400.37 hours 

annually. 

Cost Burden: $42,650,873.51. 

Needs and Uses: This collection of 

information is required by the 

Trademark Act, 15 U.S.C. 1051 et seq., 

which provides for the Federal 

registration of trademarks, service 

marks, collective trademarks and service 

marks, collective membership marks, 

and certification marks. Individuals and 

businesses that use or intend to use 

such marks in commerce may file an 

application to register their marks with 

the USPTO. Such individuals and 

businesses may also submit various 

communications to the USPTO, 

including providing additional 

information needed to process a request 

to delete a particular filing basis from an 

application or to divide an application 

identifying multiple goods and/or 

services into two or more separate 

applications. Applicants may seek a sixmonth extension of time to file a 

statement that the mark is in use in 

commerce or submit a petition to revive 

an application that abandoned for 

failure to submit a timely response to an 

Office action or a timely statement of 

use or extension request. In some 

circumstances, an applicant may 

expressly abandon an application by 

filing a written request for withdrawal 

of the application. The rules 

implementing the Trademark Act are set 

forth in 37 CFR part 2. The forms in this 

collection are available in electronic 

format through the Trademark 

Electronic Application System (TEAS). 

The information in this collection is 

a matter of public record and is used by 

the public for a variety of private 

business purposes related to 

establishing and enforcing trademark 

rights. The information is available at 

USPTO facilities and can also be 

accessed at the USPTO Web site. 

Affected Public: Businesses or other 

for-profits; not-for-profit institutions; 

individuals. 

Frequency: On occasion. 

Respondent’s Obligation: Required to 

Obtain or Retain Benefits. 

OMB Desk Officer: Nicholas A. Fraser, 

email: Nicholas_A._Fraser@

omb.eop.gov. 

Once submitted, the request will be 

publicly available in electronic format 

through reginfo.gov. Follow the 

instructions to view Department of 

Commerce collections currently under 

review by OMB. 

Further information can be obtained 

by: 

• Email: InformationCollection@

uspto.gov. Include ‘‘0651–0054 copy 

request’’ in the subject line of the 

message. 

• Mail: Marcie Lovett, Records and 

Information Governance Division 

Director, Office of the Chief Technology 

Officer, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, VA 22313–1450. 

Written comments and 

recommendations for the proposed 

information collection should be sent on 

or before November 17, 2017 to 

Nicholas A. Fraser, OMB Desk Officer, 

via email to Nicholas_A._Fraser@

omb.eop.gov, or by fax to 202–395– 

5167, marked to the attention of 

Nicholas A. Fraser. 

Marcie Lovett, 

Records and Information Governance 

Division Director, OCTO, United States Patent 

and Trademark Office. 

[FR Doc. 2017–22620 Filed 10–17–17; 8:45 am] 

BILLING CODE 3510–16–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities Under OMB Review 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (‘‘PRA’’), this 

notice announces that the Information 

Collection Request (‘‘ICR’’) abstracted 

below has been forwarded to the Office 

of Management and Budget (‘‘OMB’’) for 

review and comment. The ICR describes 

the nature of the information collection 

and its expected costs and burden. 

DATES: Comments must be submitted on 

or before November 17, 2017. 

ADDRESSES: Comments regarding the 

burden estimate or any other aspect of 

the information collection, including 

suggestions for reducing the burden, 

may be submitted directly to the Office 

of Information and Regulatory Affairs 

(‘‘OIRA’’) in OMB within 30 days of this 

notice’s publication by either of the 

following methods. Please identify the 

comments by ‘‘OMB Control No. 3038– 

0059.’’ 

• By email addressed to: 

OIRAsubmissions@omb.eop.gov; or 

• By mail addressed to: the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Attention Desk Officer for the 

Commodity Futures Trading 

Commission, 725 17th Street NW., 

Washington, DC 20503. 

A copy of all comments submitted to 

OIRA should be sent to the Commodity 

Futures Trading Commission (‘‘CFTC’’ 

or ‘‘Commission’’) by either of the 

following methods. The copies should 

refer to ‘‘OMB Control No. 3038–0059.’’ 

• By submission through the 

Commission’s Web site: http://

comments.cftc.gov. Please follow the 

instructions for submitting comments 

through the Web site; 

• By mail addressed to: Christopher 

Kirkpatrick, Secretary of the 

Commission, Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street NW., 

Washington, DC 20581; or 


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