From the Federal Register Online via the Government Printing Office [www.gpo.gov
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Admittance to Practice and Roster of Registered Patent Attorneys
and Agents Admitted to Practice Before the United States Patent and
Trademark Office (USPTO) (Proposed Addition)
ACTION: Proposed collection; comment request.
To view the full text of this comment request, access http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2011_register&docid=fr31my11-51.
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.
The USPTO administers the statute through 37 CFR 1.21, 11.5-11.14 and 11.28. These rules address the requirements to apply for the examination for registration and to demonstrate eligibility to be a registered attorney or agent before the USPTO. The Office of Enrollment and Discipline (OED) collects 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 information to administer and maintain the roster of attorneys and agents registered to practice before the USPTO. Information concerning registered attorneys and agents is published by the OED in a public roster that can be accessed through the USPTO Web site.
The USPTO is introducing a new form, Request for Reasonable Accommodation, to facilitate an applicant's request for reasonable accommodation when they apply for the examination for registration to practice before the USPTO. A copy of this new form will be available at http://www.uspto.gov/news/fedreg/fr_2011.jsp. This information is currently collected without a form as part of the approved item, Application for Registration to Practice Before the United States Patent and Trademark Office (PTO Form 158). Applicants currently check Box 1a and then provide the necessary supporting documentation as an attachment (see the form with instructions and details on page 18 at http://www.uspto.gov/ip/boards/ord/grb.pdf). This new form will assist applicants in providing the USPTO with the correct and necessary supporting documentation through a standardized format.
To the extent possible, the applicant must provide detailed responses to the questions in the Applicant's Statement. The applicant must also provide a completed Licensed Health Care Professional's Statement and/or other acceptable evidence to support the claim.
An applicant who received a reasonable accommodation(s) for a prior registration examination must submit a new Applicant's Statement with each new Application for Registration (PTO Form 158). Depending on the type of impairment from which the applicant suffers, the applicant has the option of submitting a new Licensed Health Care Professional's Statement as well. In deciding whether to submit a new Licensed Health Care Professional's Statement, the applicant is advised to consider that the Agency's determination of both whether to grant an accommodation and what [[Page 31307]] accommodation(s) is appropriate is based on an assessment of the current impact of the applicant's disability on the testing activity. For example, if the applicant suffers from an impairment that is temporary or changes over time, it may not be possible for the Agency to assess whether an accommodation should be granted if the Licensed Health Care Professional's Statement is not current. For chronic or long-term conditions, a new Licensed Health Care Professional's Statement may not be necessary.