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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
0651-0035
ICR Reference No:
201801-0651-002
Status:
Historical Active
Previous ICR Reference No:
201407-0651-001
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:
03/12/2018
Retrieve Notice of Action (NOA)
Date Received in OIRA:
01/31/2018
Terms of Clearance:
Inventory as of this Action
Requested
Previously Approved
Expiration Date
03/31/2021
36 Months From Approved
03/31/2018
Responses
501,905
0
560,595
Time Burden (Hours)
28,480
0
113,004
Cost Burden (Dollars)
13,950
0
58,983
Abstract:
The public uses this information collection to grant or revoke power of attorney, to withdraw as attorney or agent of record, to authorize a practitioner to act in a representative capacity, to change a correspondence address, to request a Customer Number, and to change the data associated with a Customer Number. The USPTO's Customer Number practice permits applicants, assignees, practitioners of record, and third party requesters to change the correspondence address or representatives of record for a number of applications, patents, or reexamination proceedings with one change request instead of filing separate requests for each application, patent, or reexamination proceeding. The USPTO uses the information in this collection to determine who is authorized to take action in an application, patent, or reexamination proceeding and where to send correspondence regarding an application, patent, or reexamination proceeding. The USPTO is submitting a request to update this information collection with seven new forms related to power of attorney and change of correspondence address: PTO/AIA/80, PTO/AIA/81, PTO/AIA/81B, PTO/AIA/82A and B, PTO/AIA/122, and PTO/AIA/123. Section 4 of the Leahy-Smith America Invents Act (AIA) amends 35 U.S.C. 118 to change the practice regarding the filing of an application by a person other than the inventor. The changes to 35 U.S.C. 118 impact who may give a power of attorney and who may change a correspondence address. The USPTO currently provides forms (e.g., PTO/SB/80, PTO/SB/81, PTO/SB/122, PTO/SB/123) for giving a power of attorney and changing a correspondence address. For consistency with the change in practice concerning who may be an applicant for patent, the USPTO is providing new forms for giving power of attorney and changing the correspondence address. The changes to 35 U.S.C. 118 in the AIA do not apply to applications filed prior to September 16, 2012. Thus, the USPTO plans to provide new forms for use with applications filed on or after September 16, 2012, but still continue to make the existing power of attorney and change of correspondence address forms (legacy forms) available until applications filed prior to September 16, 2012, are no longer pending before the USPTO.
Authorizing Statute(s):
US Code:
35 USC 118
US Code:
35 USC 2
US Code:
35 USC 304 and 314
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
60-day Notice:
Federal Register Citation:
Citation Date:
82 FR 48489
10/18/2017
30-day Notice:
Federal Register Citation:
Citation Date:
83 FR 4035
01/29/2018
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
16
IC Title
Form No.
Form Name
Authorization to Act in a Representative Capacity
PTO/SB/84
Authorization to Act in a Representative Capacity
Change of Correspondence Address for Application or Patent
PTO/AIA/122, PTO/AIA/123, PTO/SB/122, PTO/SB/123
Change of Correspondence Address - Application
,
Change of Correspondence Address - Patent
,
Change of Correspondence Address (Application)
,
Change of Correspondence Address (Patent)
Customer Number Upload Spreadsheet
Patent Owner Change of Correspondence Address - Reexamination Proceeding
PTO/SB/123A
Patent Owner Change of Correspondence Address - Reexamination Proceeding
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
Petition Under 37 CFR 1.36(a) to Revoke Power of Attorney by Fewer than All the Applicants
Petition to Waive 37 CFR 1.32(b)(4) and Grant Power of Attorney by Fewer than All the Applicants
Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address
PTO/SB/81, PTO/AIA/81, PTO/AIA/82A/B
Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address
,
Power of Attorney to One or More of the Joint Inventors and Change of Correspondence Address
,
Transmittal for Power of Attorney to One or More Registered Practitioners/Power of Attorney by Applicant
Power of Attorney to Prosecute Applications Before the USPTO
PTO/SB/80, PTO/AIA/80
Power of Attorney to Prosecute Applications Before the USPTO
,
Power of Attorney to Prosecute Applications Before the USPTO
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
Reexamination Patent Owner Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address
PTO/AIA/81B, 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
,
Reexamination or Supplemental Examination Patent Owner Power of Attorney or Revocation of POA with a New POA and Change of Correspondence Address for Reexam or Supplemental Exam and Patent
Request for Customer Number
PTO/SB/125
Request for Customer Number
Request for Customer Number Data Change
PTO/SB/124
Request for Customer Number Data Change
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
Request to Update a PCT Application with a Customer Number
PTO-2248
Request to Update a PCT Application with a Customer Number
Third Party Requester Change of Correspondence Address - Reexamination Proceeding
PTO/SB/123B
Third Party Requester Change of Correspondence Address - Reexamination Proceeding
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
501,905
560,595
0
0
-58,690
0
Annual Time Burden (Hours)
28,480
113,004
0
0
-84,524
0
Annual Cost Burden (Dollars)
13,950
58,983
0
0
-45,033
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:
Annual Cost to Federal Government:
$2,827,217
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
Agency Contact:
Raul Tamayo 571 272-7728 raul.tamayo@uspto.gov
Common Form ICR:
No
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:
01/31/2018
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