Representative and Address Provisions

OMB Control No: 0651-0035	ICR Reference No: 200809-0651-002
Status: Historical Active	Previous ICR Reference No: 200701-0651-003
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Representative and Address Provisions
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/12/2008
Retrieve Notice of Action (NOA)	Date Received in OIRA: 09/16/2008
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2011	36 Months From Approved	12/31/2008
Responses	568,902	0	395,266
Time Burden (Hours)	33,357	0	31,293
Cost Burden (Dollars)	257,178	0	203,515

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Abstract: Under 35 U.S.C. § 2 and 37 CFR 1.31-1.36, this information collection is used by the public to grant or revoke power of attorney in a patent application, to withdraw as attorney or agent of record, to authorize a practitioner to act in a representative capacity, to change the correspondence address for one or more applications or patents, to request a Customer Number, to designate or change the correspondence address or list of practitioners associated with a Customer Number, and to associate a patent application with a Customer Number. The USPTO’s Customer Number practice permits authorized individuals to change the correspondence address or representatives of record for a number of applications or patents with one change request instead of filing separate requests for each application or patent. The USPTO uses the information in this collection to determine who is authorized to take action in an application or patent on behalf of the applicant or assignee and where to send correspondence regarding an application or patent.

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Authorizing Statute(s): US Code: 35 USC 2 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 35663	06/24/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 52028	09/08/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 11

IC Title Form No. Form Name Request for Withdrawal as Attorney or Agent and Change of Correspondence Address PTO/SB/83 Request for Withdrawal as Attorney or Agent and Change of Correspondence Address Customer Number Upload Spreadsheet Authorization to Act in a Representative Capacity PTO/SB/84 Authorization to Act in a Representative Capacity Customer Number Upload Spreadsheet for PCT Applications Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address PTO/SB/81 Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Petition Under 37 CFR 1.36(a) to Revoke Power of Attorney by Fewer than All the Applicants Request for Customer Number PTO/SB/125 Request for Customer Number Power of Attorney to Prosecute Applications Before the USPTO PTO/SB/80 Power of Attorney to Prosecute Applications Before the USPTO Request to Update a PCT Application with a Customer Number PTO-2248 Request to Update a PCT Application with a Customer Number Change of Correspondence Address for Application or Patent PTO/SB/123, PTO/SB/122 Change of Correspondence Address - Application ,   Change of Correspondence Address - Patent Petition to Waive 37 CFR 1.32(b)(4) and Grant Power of Attorney by Fewer than All the Applicants Request for Customer Number Data Change PTO/SB/124 Request for Customer Number Data Change

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ICR Summary of Burden

	Total Approved	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	568,902	395,266	0	-4,038	177,674	0
Annual Time Burden (Hours)	33,357	31,293	0	-2,102	4,166	0
Annual Cost Burden (Dollars)	257,178	203,515	0	22,270	31,393	0

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

Burden Increase Due to: Miscellaneous Actions

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

Burden Reduction Due to: Changing Forms

Short Statement: The burden decreases from program changes are due to the deletion of three items and the revision of an existing form. The Electronic Power of Attorney Forms (EFS) previously included in this collection are being deleted due to the retirement of the electronic filing system software in favor of a new web-based online submission system (EFS-Web). The Customer Number Upload Spreadsheet for PCT Applications is being deleted because it is no longer in use. The Power of Attorney and Correspondence Address Indication Form (PTO/SB/81) is being revised to include revocations of power of attorney and eliminate the need for the separate form Revocation of Power of Attorney with New Power of Attorney and Change of Correspondence Address (PTO/SB/82). Consequently, Form PTO/SB/81 is being renamed “Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address” and Form PTO/SB/82 is being deleted from this collection. Annual cost burden increases from program changes are primarily due to 1) further development of EFS-Web as a method for customers to submit the information in this collection online and 2) the recordkeeping costs associated with the recommendation that customers print and retain a copy of the acknowledgement receipt generated for electronic submissions. The burden increases from adjustments are in general due to expected increases in responses, and associated increases in burden hours and annual costs from fees and postage.

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Annual Cost to Federal Government: $615,507

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

Agency Contact: Raul Tamayo 5712727728 [email protected]

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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: 09/16/2008

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