FR 2021-04045

The United States Patent and Trademark Office (USPTO) recently issued a notice seeking public comments on its information collection activities related to the admission and roster of registered patent attorneys and agents. This information collection, mandated under various legal provisions, is designed to assess and verify the qualifications of individuals representing clients in patent processes before the USPTO. The process involves submitting a series of forms, some of which cater to registration, reinstatement, and practice, with a significant number of respondents expected each year.

Summary of the Document

The notice outlines the estimated burden on respondents, both in terms of time and cost. Each respondent may spend anywhere from a few minutes to several hours completing their submissions, collectively resulting in over 18,000 annual hours spent by all respondents. Additionally, there is an estimated non-hour financial cost of approximately $875,706. This burden primarily affects individuals or households who wish to register as patent attorneys or agents.

Significant Issues and Concerns

Several issues arise from the document, starting with the wide range in estimated time per response, which could indicate discrepancies in task difficulty or complexity. A breakdown of tasks or a clearer explanation of the range would benefit potential respondents. Furthermore, the non-hour cost burden appears substantial yet lacks explanation and transparency, raising concerns about its justification and basis.

Moreover, the phrase "good moral character and reputation" comes across as subjective and might necessitate clearer criteria or guidelines to ensure consistent application. Additionally, the mention of OMB control numbers and specific legal references could be obscure for those unfamiliar with bureaucratic or legal terminology, potentially hindering understanding among the general public.

Public Impact

Broadly, this document impacts aspiring patent practitioners who need to meet the requirements for registration with the USPTO. The collection of information serves as a gatekeeping function to ensure that qualified individuals are available to assist with patent applications, thereby supporting the integrity of the patent process. However, the complexity and cost implications might discourage some from pursuing this path or improperly prepared individuals might find themselves struggling with the application process.

Stakeholder Impacts

For specific stakeholders, such as individuals seeking to become registered patent attorneys or agents, the document outlines essential requirements and obligations that could affect career opportunities. Transparency and simplification of procedures could benefit these stakeholders by reducing perceived barriers to entry. Conversely, the current complexity and substantial cost burden might impose significant hurdles variously impacting individuals depending on their resources and understanding of the process.

In conclusion, while the document underlines a critical administrative function within the USPTO, clearer guidance, transparency, and support could enhance both compliance and accessibility for potential patent practitioners. Public and stakeholder input during the comment period could be instrumental in refining these processes.

The document under review refers to the Estimated Total Annual Non-Hour Cost Burden of conducting activities related to the admission to practice and roster of registered patent attorneys and agents before the United States Patent and Trademark Office (USPTO). This amount is stated to be $875,706.

Financial Summary

The financial reference in this document revolves around an estimated non-hour cost burden associated with the registration and maintenance of the roster of patent attorneys and agents. Such costs may typically include fees related to application submissions, processing, administrative requirements, and other procedural activities required for registration with the USPTO.

Issues Related to Financial References

One notable issue is the lack of a detailed breakdown or calculation that justifies the total non-hour cost burden of $875,706. For readers interested in understanding how this figure was derived, the absence of specific cost components could be puzzling. Potential contributors to this cost might include application fees, cost for materials or resources required during applications, and other related expenses, but this is not clearly outlined. Providing a breakdown could enhance transparency and assist in assessing whether the figure is reasonable and justified.

Additionally, while the document describes a wide range in the estimated average time per response—from 5 minutes to 7 hours—the financial implications of such a variance are not directly addressed. A more detailed breakdown or explanation of factors contributing to this time range could inherently link to the cost assessments, seeing as different application types or complexity levels could incur varying expenses.

The financial reference denotes expenses that registrants or applicants may incur outside of time spent filling out forms or engaging with the registration process, yet clarity is missing on whether this figure also covers potential ancillary fees or services applicants might require to fulfill their obligations.

In conclusion, while the document provides a critical monetary estimate related to the registration and maintenance processes at the USPTO, the lack of transparent explanation or detailed breakdown of associated costs and expenses presents an area of concern. It highlights a need for greater clarity to ensure applicants understand the financial obligations entailed.