Admission to Practice and Roster of Registered Patent Attorneys and Agents Admitted to Practice Before the United States Patent and Trademark Office
Revision of a currently approved collection
No
Regular
02/26/2021
Requested
Previously Approved
36 Months From Approved
02/28/2021
30,727
19,944
18,188
21,749
875,706
1,540,328
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.
Changes in Responses and Burden Hours
The total respondent cost burden for this information collection has decreased by $3,561 (from $21,749 to $18,188) from the previous OMB approval of this information collection in December 2017. This change is due to:
⢠Decrease in hourly burden due to changes in submissions. This increase is the result of natural fluctuation in the items being submitted as well as certain changes regarding exam options.
Changes in Responses and Burden Hours
For this renewal, the USPTO estimates that the annual responses will increase by 10,783 (from 19,944 to 30,727) from the currently approved burden for this information collection. This change is due to the following:
⢠Increase in submission volumes. This increase is the result of natural fluctuation in the items being submitted.
⢠Increase in responses due to recordkeeping costs. The recordkeeping costs were previously associated with non-hourly cost burden but are being associated as a response with hourly time burdens.
Changes in Annual (Non-Hour) Costs
For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $664,622 (from $1,540,328 to $875,706) from the currently approved costs for this information collection. This change is due to:
⢠Decrease in fee estimates. The non-hourly cost decreased due to the decrease in the estimate of fees. This decrease outweighed the increases in recordkeeping costs and postage costs.
⢠Decrease in costs due to recordkeeping. The recordkeeping costs were previously associated with non-hourly cost burden but are now being associated as a response with hourly time burdens.
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:
(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;
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.
Application for Registration to Practice Before the United States Patent and Trademark Office