View Information Collection Request (ICR) Package

OMB Control No: 0651-0012	ICR Reference No: 202102-0651-003
Status: Historical Active	Previous ICR Reference No: 202007-0651-003
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: Revision of a currently approved collection	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Approved with change	Conclusion Date: 10/01/2021
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/26/2021
Terms of Clearance: Supporting statement updated during review to address comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2024	36 Months From Approved	09/30/2021
Responses	30,727	0	19,944
Time Burden (Hours)	18,188	0	21,749
Cost Burden (Dollars)	875,706	0	1,540,328

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.

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

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:
	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? Yes

ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to Adjustment in Estimate
Annual Number of Responses	30,727	19,944	10,783
Annual Time Burden (Hours)	18,188	21,749	-3,561
Annual Cost Burden (Dollars)	875,706	1,540,328	-664,622

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: Changes in Responses and Burden Hours The total respondent cost burden for this information collection has decreased by $3,561 (from $21,749 to $18,188) from the previous OMB approval of this information collection in December 2017. This change is due to: • Decrease in hourly burden due to changes in submissions. This increase is the result of natural fluctuation in the items being submitted as well as certain changes regarding exam options. Changes in Responses and Burden Hours For this renewal, the USPTO estimates that the annual responses will increase by 10,783 (from 19,944 to 30,727) from the currently approved burden for this information collection. This change is due to the following: • Increase in submission volumes. This increase is the result of natural fluctuation in the items being submitted. • Increase in responses due to recordkeeping costs. The recordkeeping costs were previously associated with non-hourly cost burden but are being associated as a response with hourly time burdens. Changes in Annual (Non-Hour) Costs For this renewal, the USPTO estimates that the total annual (non-hour) costs will decrease by $664,622 (from $1,540,328 to $875,706) from the currently approved costs for this information collection. This change is due to: • Decrease in fee estimates. The non-hourly cost decreased due to the decrease in the estimate of fees. This decrease outweighed the increases in recordkeeping costs and postage costs. • Decrease in costs due to recordkeeping. The recordkeeping costs were previously associated with non-hourly cost burden but are now being associated as a response with hourly time burdens.

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

Agency Contact: Dahlia George 571 272-4224 dahlia.george@uspto.gov

View ICR - OIRA Conclusion