Skip to main content
An official website of the United States government
The .gov means it's official.
Federal government websites often end in .gov or .mil. Before sharing sensitive information, make sure you're on a federal government site.
The site is secure.
The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely.
Search:
Agenda
Reg Review
ICR
This script is used to control the display of information in this page.
Display additional information by clicking on the following:
All
Brief and OIRA conclusion
Abstract/Justification
Legal Statutes
Rulemaking
FR Notices/Comments
IC List
Burden
Misc.
Common Form Info.
Certification
View Information Collection (IC) List
View Supporting Statement and Other Documents
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:
202110-0651-003
Status:
Active
Previous ICR Reference No:
202103-0651-001
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 with change
Conclusion Date:
09/20/2022
Retrieve Notice of Action (NOA)
Date Received in OIRA:
11/29/2021
Terms of Clearance:
Supporting statement updated during review.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
09/30/2025
36 Months From Approved
09/30/2022
Responses
226,573
0
226,573
Time Burden (Hours)
111,104
0
13,641
Cost Burden (Dollars)
26,695
0
26,241
Abstract:
This information collection includes the information necessary to submit a request to grant or revoke power of attorney for an application, patent, or reexamination proceeding, and for a registered practitioner to withdraw as attorney or agent of record. This also includes the information necessary to change the correspondence address for an application, patent, or reexamination proceeding, to request a Customer Number and manage the correspondence address and list of practitioners associated with a Customer Number, and to designate or change the correspondence address or fee address for one or more patents or applications by using a Customer Number. Under 35 U.S.C. 2 and 37 CFR 1.31-1.32, power of attorney may be granted to one or more joint inventors or a person who is registered to practice before the USPTO to act in an application or a patent. In particular, for an application filed before September 16, 2012, or for a patent which issued from an application filed before September 16, 2012, power of attorney may be granted by the applicant for patent (as set forth in 37 CFR 1.41(b) (pre-AIA)) or the assignee of the entire interest of the applicant. For an application filed on or after September 16, 2012, or for a patent which issued from an application filed on or after September 16, 2012, power of attorney may be granted by the applicant for patent (as set forth in 37 CFR 1.42) or the patent owner. The USPTO provides two different versions of the forms for establishing power of attorney based upon whether the application filing date is before or after September 16, 2012, to thereby reduce applicants' burden in having to determine the appropriate power of attorney requirements for a given application. The USPTO's Customer Number practice permits applicants, patent owners, assignees, and practitioners of record, or the representatives of record for a number of applications or patents, to change the correspondence address of a patent application or patent with one change request instead of filing separate requests for each patent or application. Start Printed Page 50087Any changes to the address or practitioner information associated with a Customer Number will be applied to all patents and applications associated with said Customer Number. The Customer Number practice is optional, in that changes of correspondence address or power of attorney may be filed separately for each patent or application without using a Customer Number. However, a Customer Number associated with the correspondence address for a patent application is required in order to access private information about the application using the Patent Application Information Retrieval (PAIR) system, which is available through the USPTO website. The use of a Customer Number is also required in order to grant power of attorney to more than ten practitioners or to establish a separate “fee address” for maintenance fee purposes that is different from the correspondence address for a patent or application. 37 CFR 1.36 provides for the revocation of a power of attorney at any stage in the proceedings of a case. 37 CFR 1.36 also provides a path by which a registered patent attorney or patent agent who has been given a power of attorney may withdraw as attorney or agent of record.
Authorizing Statute(s):
PL:
Pub.L. 112 - 29 1
Name of Law: Leahy-Smith America Invents Act
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:
86 FR 50086
09/07/2021
30-day Notice:
Federal Register Citation:
Citation Date:
86 FR 67692
11/29/2021
Did the Agency receive public comments on this ICR?
Yes
Number of Information Collection (IC) in this ICR:
22
IC Title
Form No.
Form Name
Customer Number Upload Spreadsheet (Individuals or Households)
Customer Number Upload Spreadsheet (Private Sector)
Patent – Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address (Individuals or Households)
PTO/AIA/81, PTO/SB/81, PTO/AIA/81A, PTO/SB/81A
Power of Attorney to One or More of The Joint Inventors 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
,
Patent – 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
Patent – Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address (Private Sector)
PTO/AIA/81, PTO/SB/81 , PTO/AIA/81A, PTO/SB/81A
Power of Attorney to One or More of The Joint Inventors and Change of Correspondence Address
,
Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address
,
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
Petition Under 37 CFR 1.36(a) to Revoke Power of Attorney by Fewer than All the Applicants (Private Sector)
Petition to Waive 37 CFR 1.32(b)(4) and Grant Power of Attorney by Fewer than All the Applicants (Private Sector)
Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence (Individuals or Households)
PTO/AIA/82A/B/C
Transmittal for Power of Attorney to One or More Registered Practitioners/Power of Attorney by Applicant
Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence (Private Sector)
PTO/AIA/82A/B/C
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 (Individuals or Households)
PTO/SB/80, PTO/AIA/80
Power of Attorney to Prosecute Applications Before the USPTO
,
Power of Attorney to Prosecute Applications Before the USPTO
Power of Attorney to Prosecute Applications Before the USPTO (Private Sector)
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 – Patent Owner Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address (Individuals or Households)
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 – Patent Owner 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 (Private Sector)
PTO/SB/81B, PTO/AIA/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 – Patent Owner Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address
Reexamination – Third Party Requester Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address (Individuals or Households)
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 – Third Party Requester Power of Attorney or Revocation of Power of Attorney with a New Power of Attorney and Change of Correspondence Address (Private Sector)
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
Request for Customer Number (Individuals or Households)
PTO/SB/125
Request for Customer Number
Request for Customer Number (Private Sector)
PTO/SB/125
Request for Customer Number
Request for Customer Number Data Change (Individuals or Households)
PTO/SB/124
Request for Customer Number Data Change
Request for Customer Number Data Change (Private Sector)
PTO/SB/124
Request for Customer Number Data Change
Request for Withdrawal as Attorney or Agent and Change of Correspondence Address (Individuals or Households)
PTO/AIA/83, PTO/SB/83
Request for Withdrawal as Attorney or Agent and Change of Correspondence Address
,
Request for Withdrawal as Attorney or Agent and Change of Correspondence Address
Request for Withdrawal as Attorney or Agent and Change of Correspondence Address (Private Sector)
PTO/AIA/83 , PTO/SB/83
Request for Withdrawal as Attorney or Agent and Change of Correspondence Address
,
Request for Withdrawal as Attorney or Agent and Change of Correspondence Address
Request to Update a PCT Application with a Customer Number (Individuals or Households)
PTO-2248
Request to Update a PCT Application with a Customer Number
Request to Update a PCT Application with a Customer Number (Private Sector)
PTO-2248
Request to Update a PCT Application with a Customer Number
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
226,573
226,573
0
0
0
0
Annual Time Burden (Hours)
111,104
13,641
0
97,463
0
0
Annual Cost Burden (Dollars)
26,695
26,241
0
0
454
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
Change in Hourly Burden due to Program Change Due to Agency Discretion The burden estimates have increased by 97,463 due to changing the estimated time for six items in the information collection. The switch from 3 minutes to 30 minutes for these items, suggested by public comments, results in an eightfold increase for a total of 111,104 annual burden hours. Change in Annual (Non-hour) Costs due to Adjustment in Agency Estimate For this renewal, the USPTO estimates that the total annual (non-hour) costs will increase by $454 from the previous approval. This increase is due to increase in the postage rate estimated for mailed in submissions. This results in an estimated annual cost burden of $26,695.
Annual Cost to Federal Government:
$1,397,232
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
Agency Contact:
Parikha Mehta 571 272-3248
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:
11/29/2021
An official website of the United States government
The .gov means it's official.
The site is secure.
