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

Forms and Documents

Document Name	Status
Form PTO-158 Application for Registration to Practice Before the United States Patent and Trademark Office Form	Modified
Form PTO-158 Change of Registration from Agent to Attorney Form	Unchanged
Form PTO-107R Reinstatement to the Register Form	Modified
Form PTO-107S Registration Statement of Patent Attorneys and Agents Form	Modified
Form PTO-158T Application for Recognition to Practice Before the United States Patent and Trademark Office under 37 CFR § 11.14(c) by a Foreign Resident 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 (examination waived) 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 2024 Patent Fee Rule CWS.docx Justification for No Material/Nonsubstantive Change	2024-11-20
OED_GRB.pdf Supplementary Document	2024-07-16
Leahy-Smith America Invents Act.pdf Supplementary Document	2024-07-16
USPTO Information Quality Guidelines.pdf Supplementary Document	2024-07-16
0012 Supporting Statement 20210921.docx Supporting Statement A	2021-09-30

IC Document Collections

IC ID	Document Title	Status
37380	Application for Registration to Practice Before the United States Patent and Trademark Office Form	Modified
181418	Petition to USPTO Director under 37 CFR 11.2(d)	Modified
181417	Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.2(c)	Modified
181416	Written Requests (Certificate of Good Standing, Disciplinary History)	Modified
181415	Change of Registration from Agent to Attorney Form	Unchanged
181412	Reinstatement to the Register Form	Modified
181410	Registration Statement of Patent Attorneys and Agents Form	Modified
181409	Application for Recognition to Practice Before the United States Patent and Trademark Office under 37 CFR § 11.14(c) by a Foreign Resident Form	Unchanged
181408	Application for Registration to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident (examination waived) 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: 202411-0651-007
Status: Received in OIRA	Previous ICR Reference No: 202407-0651-002
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
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 11/20/2024

	Requested	Previously Approved
Expiration Date	09/30/2026	09/30/2026
Responses	30,563	30,563
Time Burden (Hours)	18,239	18,239
Cost Burden (Dollars)	890,811	822,186

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Abstract: 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.

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Authorizing Statute(s): US Code: 35 USC 2(b)(2)(D) Name of Law: Leahy Smith America Invents Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0651-AD58	Final or interim final rulemaking	88 FR 45078	07/14/2023

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	85 FR 83903	12/23/2020
30-day Notice:	Federal Register Citation:	Citation Date:
	86 FR 11731	02/26/2021
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 10

IC Title	Form No.	Form Name
Application for Recognition to Practice Before the United States Patent and Trademark Office under 37 CFR § 11.14(c) by a Foreign Resident	PTO-158T	Application for Recognition to Practice Before The United States Patent And Trademark Office Under 37 CFR § 11.14(c) by a Foreign Resident
Application for Registration to Practice Before the United States Patent and Trademark Office	PTO-158, PTO-158RA, PTO-107A, PTO-1209	Application for Registration to Practice Before the United States Patent and Trademark Office ,   Request for reasonable accommodation ,   Data Sheet - Register of Patent Attorneys and Agents ,   Oath or Declaration
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
Application for Registration to Practice Before the United States Patent and Trademark Office Under 37 CFR 11.6(c) by a Foreign Resident (examination waived)	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
Change of Registration from Agent to Attorney	PTO-158	Application for Registration to Practice Before The United States Patent and Trademark Office
Petition to USPTO Director under 37 CFR 11.2(d)
Petition to the Director of the Office of Enrollment and Discipline under 37 CFR 11.2(c)
Registration Statement of Patent Attorneys and Agents	PTO-107S	Registration Statement of Patent Attorneys and Agents
Reinstatement to the Register	PTO-107R	Reinstatement - Data Sheet - Register of Patent Attorneys and Agents
Written Requests (Certificate of Good Standing, Disciplinary History)

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ICR Summary of Burden

	Total Request	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	30,563	30,563	0	0	0	0
Annual Time Burden (Hours)	18,239	18,239	0	0	0	0
Annual Cost Burden (Dollars)	890,811	822,186	0	68,625	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: This request is related to a final rule (RIN 0651-AD58) published by the United States Patent and Trademark Office July 14, 2023. This information collection request is to: 1) remove the fee to change from agent to attorney, 2) update the number of individuals who seek to change registration status from agent to attorney, and 3) update the hourly time burdens associated with this action.

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Annual Cost to Federal Government: $584,244

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? No

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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: 11/20/2024

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