View Information Collection Request (ICR) Package
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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:
0651-0081
ICR Reference No:
202001-0651-007
Status:
Historical 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
Retrieve Notice of Action (NOA)
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
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.
Authorizing Statute(s):
PL:
Pub.L. 113 - 227 1
Name of Law: USPTO LAW SCHOOL CLINIC CERTIFICATION PROGRAM
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:
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
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
Application by Law School Faculty Member to Become a Faculty Clinic Member
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
Biennial Renewal Application
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
Reports Required of Law School Clinics
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.
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
Agency Contact:
Howard Reitz 571 272-4097 reitz.howard@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:
02/28/2020
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