Representative and Address Provisions

OMB Control No: 0651-0035	ICR Reference No: 201007-0651-007
Status: Historical Active	Previous ICR Reference No: 200811-0651-004
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Representative and Address Provisions
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 08/25/2010
Retrieve Notice of Action (NOA)	Date Received in OIRA: 08/13/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2011	11/30/2011	11/30/2011
Responses	568,902	0	568,902
Time Burden (Hours)	33,359	0	33,359
Cost Burden (Dollars)	257,178	0	257,178

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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. The USPTO is revising two of the forms in this collection related to customer numbers, the Request for Customer Number Data Change (PTO/SB/124) and the Request for Customer Number (PTO/SB/125). In order to take full advantage of the online patent application systems offered by the USPTO, users must obtain a public key infrastructure (PKI) certificate and then associate the PKI certificate with a USPTO customer number. The USPTO is streamlining the procedure for associating a PKI certificate with a customer number. Typically, practitioners or pro se inventors would submit a Certificate Action Form (PTO-2042), which is approved under OMB Control Number 0651-0045, to the USPTO in order to associate their PKI certificates with a customer number. Under the revised procedure, practitioners or inventors listed on the Request for Customer Number forms would automatically have their existing PKI certificates associated with the indicated customer number (or deleted from the customer number, in the case of deleted practitioners) without having to submit a separate Certificate Action Form. The proposed revisions to Forms PTO/SB/125 and PTO/SB/125 will not result in a substantive change in the burden for this collection. The proposed revisions clarify the new procedure for users of the forms and do not change the information being collected.

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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: 16

IC Title Form No. Form Name 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 Authorization to Act in a Representative Capacity PTO/SB/84 Authorization to Act in a Representative Capacity Reexamination - Third Party Requester Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address PTO/SB/81C Reexamination - Third Party Requester Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Patent Owner Change of Correspondence Address - Reexamination Proceeding PTO/SB/123A Patent Owner Change of Correspondence Address - Reexamination Proceeding 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 Third Party Requester Change of Correspondence Address - Reexamination Proceeding PTO/SB/123B Third Party Requester Change of Correspondence Address - Reexamination Proceeding 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/122, PTO/SB/123 Change of Correspondence Address - Application ,   Change of Correspondence Address - Patent 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 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 Reexamination – Patent Owner Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address PTO/SB/81B Reexamination - Patent Owner Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address Patent – Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address PTO/SB/81A Patent - Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address

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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	568,902	0	0	0	0
Annual Time Burden (Hours)	33,359	33,359	0	0	0	0
Annual Cost Burden (Dollars)	257,178	257,178	0	0	0	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: The United States Patent and Trademark Office (USPTO) is submitting this change worksheet to add five offshoot forms. The proposed new forms are closely derived from forms already approved in this collection and are intended to assist the public in filing power of attorney (PTO/SB81) and change of correspondence requests (SB/123) in specific circumstances. The proposed addition of these forms will not result in a substantive change in the burden for this collection. The addition of the proposed new forms will not impact the total number of responses or annual cost burden expected for this collection, but there is a showing of an increase of 2 burden hours as a program change due to mathematical rounding up of the numbers, which is a result of creating separate line items within the ROCIS system to accommodate the itemization of the off shoot forms.

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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]? No

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)? No

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: 08/13/2010

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