[Federal Register Volume 64, Number 238 (Monday, December 13, 1999)]
[Notices]
[Page 69509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32160]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
Practitioner Records Maintenance and Disclosure Before the Patent
and Trademark Office
ACTION: Proposed collection; comment request.
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SUMMARY: The Department of Commerce (DOC), as part of its continuing
effort to reduce paperwork and respondent burden, invites the general
public and other Federal agencies to comment on the continuing and
proposed information collection, as required by the Paperwork Reduction
Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be submitted on or before February 11,
2000.
ADDRESSES: Direct all written comments to Linda Engelmeier,
Departmental Forms Clearance Officer, Department of Commerce, Room
5027, 14th and Constitution Avenue, NW, Washington, D.C. 20230 or via
the Internet (LEngelme@doc.gov).
FOR FURTHER INFORMATION CONTACT: Requests for additional information
should be directed to the attention of Nora Cordova, Patent and
Trademark Office, Box OED, Washington, D.C. 20231, by telephone at
(703) 306-4097.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Commissioner of Patents and Trademarks, under the direction of
the Department of Commerce, has the authority to establish regulations
for the conduct of proceedings in the Patent and Trademark Office (PTO)
under 35 USC 6(a) and to prescribe regulations governing the conduct of
agents, attorneys or other persons representing applicants and other
parties before the PTO (35 USC 31).
Disciplinary Rule 37 CFR 10.112(c)(3) of the PTO Code of
Professional Responsibility requires that an attorney or agent maintain
complete records of all funds, securities and other properties of
clients coming into his or her possession, and to render appropriate
accounts to the client regarding the funds, securities and other
properties. These record keeping requirements are necessary to maintain
the integrity of client property. Similar record keeping is required by
each State Bar of its attorneys.
The PTO Code of Professional Responsibility (37 CFR 10.20 to
10.112) requires that an attorney or agent will report knowledge of
certain violations of the Code to the PTO, in accordance with 37 CFR
10.23(c)(16) and 10.24. This collection requirement is necessary to
investigate and possibly prosecute violations of the PTO Code. Under 35
USC 32, the Commissioner may, after notice and opportunity for a
hearing, suspend, exclude or disqualify any practitioner from further
practice before the PTO based on noncompliance with the regulations
established under Sec. 31 of this title.
The information collected (reports of alleged violations of the PTO
Code of Professional Responsibility) is used by the Director of
Enrollment and Discipline (OED) to conduct investigations and prosecute
violations as appropriate (37 CFR 10.131(a)&(b)). If this information
is not collected, the Director of OED would have no knowledge of
alleged violations and would be unable to enforce this provision of the
PTO Code.
II. Method of collection
By mail, facsimile, or hand carry when an individual is required to
participate in the information collection.
III. Data
OMB Number: 0651-0017.
Form Numbers: N/A.
Type of Review: Renewal without change.
Affected Public: Individuals or households; business or other for-
profit; Federal Government.
Estimated Number of Respondents: 230 responses for record keeping
maintenance and 100 responses for violation reporting per year.
Estimated Time Per Response: It is estimated to take 9 hours for
record keeping maintenance and 5 hours for violation reporting.
Estimated Total Annual Respondent Burden Hours: 2570 hours per
year.
Estimated Total Annual Respondent Cost Burden: $0 (no capital
start-up or maintenance expenditures are required). Using the
professional hourly rate of $175.00 for associate attorneys in private
firms and the hourly rate of $25.00 for a para-professional/clerical
worker, the PTO estimates $139,250 per year for salary costs associated
with respondents.
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Estimated
time for Estimated Estimated
Item response annual burden annual
(hours) hours responses
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Record Keeping Maintenance...................................... 9 2070 230
Violation Reporting............................................. 5 500 100
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Totals.......................................................... .............. 2570 330
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IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on respondents, e.g., the use of automated
collection techniques or other forms of information technology.
Comments submitted in response to this notice will be summarized or
included in the request for OMB approval of this information
collection; they also will become a matter of public record.
Dated: December 7, 1999.
Linda Engelmeier,
Departmental Forms Clearance Officer, Office of the Chief Information
Officer.
[FR Doc. 99-32160 Filed 12-10-99; 8:45 am]
BILLING CODE 3510-16-P
