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

Forms and Documents

Document Name	Status
Form PTO-158 Application for Registration to Practice Before the United States Patent and Trademark Office (includes both the computerized exam and the USPTO-administered exam) Form	Modified
Form Application for Re Change of Registration from Agent to Attorney Form and Instruction	New
Form Application for Re Application for Limited Registration Form	New
Form PTO-107S Mandatory Survey – Register of Patent Attorneys and Agents (PTO-107S) Form	Unchanged
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	Unchanged
Form PTO-107R Reinstatement to the Register (PTO-107A) Form	Modified
Form PTO-1209 Oath or Affirmation Form	Modified
Form PTO/107A Data Sheet - Register of Patent Attorneys and Agents (individuals) Form	Modified
Form PTO-275 Undertaking under 37 CFR 11.10(b) Form	Unchanged
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 (applicant does not take the exam) Form	Unchanged
Form PTO-158 Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived) Form	Unchanged
0651-0012 CWS Nov 2017.docx Supplementary Document	2017-11-24
0012 Supporting Statement March_2017.doc Supporting Statement A	2017-03-10
OED_General Requirements Bulletin 0012.pdf Supplementary Document	2014-08-06
USPTO-infoqualityguide.pdf Supplementary Document	2007-09-27

IC Document Collections

IC ID	Document Title	Status
37380	Application for Registration to Practice Before the United States Patent and Trademark Office (includes both the computerized exam and the USPTO-administered exam) Form	Modified
229129	Petition to USPTO director under 11.2(d)	New
229128	Change of Registration from Agent to Attorney Form and Instruction	New
229126	Application for Limited Registration Form	New
229097	Written Requests (Cert. of Good Standing, Disciplinary history)	New
229055	Data Sheet - Register of Patent Attorneys and Agents (former examiners)	New
229053	Data Sheet - Register of Patent Attorneys and Agents (foreign applicants)	New
225120	Mandatory Survey – Register of Patent Attorneys and Agents (PTO-107S) Form	Unchanged
214042	Reasonable Accomodation	Unchanged
213095	Non-Refundable Application Fee for Enrollement and /or Reinstatement to Practice Before the USPTO under 37 CRF 1.21(a)(10)	Unchanged
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	Unchanged
192952	Cover pages used for submitting correspondence to OED (for documents submitted with applications, request for reconsideration, and petitions)	Unchanged
182144	Practitioner's supporting documentation for a motion to hold in abeyance a disciplinary proceeding because of a current disability or addiction	Unchanged
181419	Petition for Reinstatement after Disciplinary Removal under 37 CFR 11.7(h)	Unchanged
181418	Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.12(c)	Modified
181417	Written Request for Reconsideration and Further Review of Disapproval Notice of Application	Modified
181416	Reinstatement to the Register (PTO-107A) Form	Modified
181415	Oath or Affirmation Form	Modified
181412	Data Sheet - Register of Patent Attorneys and Agents (individuals) Form	Modified
181410	Undertaking under 37 CFR 11.10(b) Form	Unchanged
181409	Registration Examination to Become a Registered Practitioner	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 (applicant does not take the exam) Form	Unchanged
181407	Application for Registration to Practice Before the United States Patent and Trademark Office (former examiners; examination waived) Form	Unchanged

ICR Details

OMB Control No: 0651-0012	ICR Reference No: 201711-0651-015
Status: Historical Inactive	Previous ICR Reference No: 201701-0651-001
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 (USPTO)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Improperly submitted and continue	Conclusion Date: 12/11/2017
	Date Received in OIRA: 11/24/2017
Terms of Clearance: To be resubmitted as a change request.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	12/31/2017	12/31/2017	12/31/2017
Responses	26,635	0	26,635
Time Burden (Hours)	37,284	0	37,284
Cost Burden (Dollars)	1,374,579	0	1,374,579

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Abstract: Applicants use this collection to apply for the examination for registration and to demonstrate their eligibility to be a registered attorney or agent before the USPTO and the Office of Enrollment and Discipline uses it to determine the qualifications of individuals entitled to represent applicants before the USPTO in the preparation and prosecution of applications for a patent. The USPTO is proposing to update the current Enrollment forms to include (1) primary e-mail and (2) secondary e-mail after the correspondence/business and daytime area code and phone number on the Change of Address and PTO-158, 158A, and 158T forms. The USPTO is also proposing to update the current Data and Reinstatement and Data Sheets PTO 107A, 107R, 107RR and 107S to add e-mail addresses and a few other fields. There is no expected change in the burden estimates.

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Authorizing Statute(s): US Code: 35 USC 2(b)(2)(D) Name of Law: null
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0651-AD02	Final or interim final rulemaking	82 FR 52780	11/14/2017

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 36782	06/30/2014
30-day Notice:	Federal Register Citation:	Citation Date:
	79 FR 53174	09/08/2014
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 23

IC Title	Form No.	Form Name
Written Requests (Cert. of Good Standing, Disciplinary history)
Data Sheet - Register of Patent Attorneys and Agents (foreign applicants)
Data Sheet - Register of Patent Attorneys and Agents (former examiners)
Application for Limited Registration	Application for Registration	PTO 158
Change of Registration from Agent to Attorney	Application for Registration	PTO 158
Petition to USPTO director under 11.2(d)
Reasonable Accomodation
Non-Refundable Application Fee for Enrollement and /or Reinstatement to Practice Before the USPTO under 37 CRF 1.21(a)(10)
Data Sheet - Register of Patent Attorneys and Agents (individuals)	Form PTO - 107A, PTO/107A	Data Sheet - Register of Patent Attorneys and Agents ,   Data Sheet - Register of Patent Attorneys and Agents
Registration Examination to Become a Registered Practitioner
Oath or Affirmation	PTO-1209	Oath or Affirmation
Written Request for Reconsideration and Further Review of Disapproval Notice of Application
Practitioner's supporting documentation for a motion to hold in abeyance a disciplinary proceeding because of a current disability or addiction
Application for Registration to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident (applicant does not take the exam)	PTO-158A, Form PTO-158A	Application for Registration to Practice Before the United States Patent and Trademark Office under 37 CFR 10.6(c) by a Foreign Resident ,   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 (includes both the computerized exam and the USPTO-administered exam)	PTO 158, PTO-158	Application for Registration to Practice Before the United States Patent and Trademark Office ,   Application for Registration to Practice before the United States Patent and Trademark Office
Petition for Reinstatement after Disciplinary Removal under 37 CFR 11.7(h)
Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.12(c)
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
Reinstatement to the Register (PTO-107A)	PTO-107R, PTO-107A	Reinstatment Data Sheet - Register of Patent Attorneys and Agents ,   Data Sheet - Register of Patent Attorneys and Agents
Undertaking under 37 CFR 11.10(b)	PTO-275	Undertaking under 37 CFR 11.10(b)
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
Mandatory Survey – Register of Patent Attorneys and Agents (PTO-107S)	PTO-107S	Mandatory Survey: Data Sheet - Register of Patent Attorneys and Agents

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Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: This collection has been modified to reflect the new fees and cost levels associated with the Patent Fee Review of 2017.

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Annual Cost to Federal Government: $1,501,433

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? Uncollected

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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: 11/24/2017

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