Law School Clinic Certification Program

Forms and Documents

Document Name	Status
Form PTO/SB/419 Certification and Request to Make Special Under the Law School Clinic Program Form	Modified
Form PTO 158 LS Application for Limited Recognition in USPTO Law School Program for Law Students Form	Modified
0651-0081 Supporting Statement 2020.docx Supporting Statement A	2020-02-28
USPTO Information Quality Guidelines.pdf Supplementary Document	2020-02-27
OED_GRB.pdf Supplementary Document	2020-02-27

IC Document Collections

IC ID	Document Title	Status
218686	Certification and Request to Make Special Under the Law School Clinic Program Form	Modified
218685	Biennial Renewal Application	Removed
218684	Application for Limited Recognition in USPTO Law School Program for Law Students Form	Modified
218683	Application by Law School Faculty Member to Become a Faculty Clinic Member	Modified
218682	Application by Law School to Enter the Program	Removed
218681	Reports Required of Law School Clinics	Modified

ICR Details

OMB Control No: 0651-0081	ICR Reference No: 202001-0651-007
Status: Active	Previous ICR Reference No: 201702-0651-008
Agency/Subagency: DOC/PTO	Agency Tracking No:
Title: Law School Clinic Certification Program
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: 04/20/2020
	Date Received in OIRA: 02/28/2020
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	04/30/2023	36 Months From Approved	04/30/2020
Responses	903	0	645
Time Burden (Hours)	690	0	1,085
Cost Burden (Dollars)	1,721	0	920

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Abstract: Public Law 113–227 (Dec. 16, 2014) requires the United States Patent and Trademark Office (USPTO) to establish regulations and procedures for application to, and participation in, the USPTO Law School Clinic Certification Program (LSCCP). The LSCCP Program allows students enrolled in a participating law school’s clinic to practice patent or trademark law before the USPTO under the direct supervision of a faculty clinic supervisor. Each clinic provides legal services on a pro bono basis for clients who qualify for assistance from the law school’s clinic. By drafting, filing, and prosecuting patent and trademark applications, students gain valuable experience that would otherwise be unavailable to them while in law school. The program also facilitates the provision of pro bono services to trademark and patent applicants who lack the financial resources necessary for traditional legal representation. In 2020, there were 60 law schools participating. This information collection covers the applications from law schools that wish to enter the program, faculty advisors who seek to become a faculty clinic supervisor, and students who seek to participate in this program. The information collection also includes the required biannual reports from participating law school clinics and biennial renewals required by the program as well as the request to make special under the Law School Clinic Certification Program, which allows a limited number of applications per semester to be advanced out of turn (accorded special status) for examination if the applicant makes the appropriate showing, to provide law students with practical experience as they will be more likely to receive substantive examination of applications within the school year that the application is filed.

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Authorizing Statute(s): PL: Pub.L. 113 - 227 1 Name of Law: USPTO LAW SCHOOL CLINIC CERTIFICATION PROGRAM
  

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:
	84 FR 70961	12/26/2019
30-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 11971	02/28/2020
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Certification and Request to Make Special Under the Law School Clinic Program	PTO/SB/419	CERTIFICATION AND REQUEST TO MAKE SPECIAL UNDER THE LAW SCHOOL PROGRAM
Biennial Renewal Application
Application by Law School to Enter the Program
Application for Limited Recognition in USPTO Law School Program for Law Students	PTO 158 LS	Application for Limited Recognition in USPTO Law School Program for Law Student to Practice before USPTO
Reports Required of Law School Clinics
Application by Law School Faculty Member to Become a Faculty Clinic Member

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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	903	645	0	0	258	0
Annual Time Burden (Hours)	690	1,085	0	0	-395	0
Annual Cost Burden (Dollars)	1,721	920	0	0	801	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: Adjustments in the information collection are due to: • Increase of estimated annual responses. The USPTO estimates 258 more annual responses overall due to an increase of 295 law student requests and a decrease in 14 law schools applying for program participation. At this time, the law school program already has a full compliment of law schools and is not generally expecting new applications. The number of Law School faculty member applications (25 less) and petitions to make special under the law school clinic (28 less) have also both decreased from USPTO initial estimates. • Decrease of estimated time burdens. The adjustments in annual responses directly result in adjustments to the time burdens. Most notably the decrease in each Law school application results in 40 fewer hours being associated with this information collection. That aggregated decrease, along with other adjustments, makes up for the increasing number of Law school student applications as the student applications take much less time (30 minutes) to complete. • Increases in estimated hourly rates. For the current renewal, the USPTO is using updated hourly rates of $438 for attorneys that are higher than the previous estimated rate of $410.

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Annual Cost to Federal Government: $88,366

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: 02/28/2020

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