[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Notices]
[Pages 26026-26028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11976]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. 950411100-5100-01]
RIN 0651-XX01
Extension of the Use of Payor Numbers to Matters Involving
Pending Patent Applications
AGENCY: Patent and Trademark Office, Commerce.
ACTION: Notice; request for comments.
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SUMMARY: The Patent and Trademark Office (PTO) requests written public
comment on the advisability of the extension of the use of Payor
Numbers to matters involving pending patent applications. Payor Numbers
are currently used with respect to establishing a ``fee address'' for
receipt of maintenance fee correspondence. The PTO is considering
extending the Payor Number practice to matters involving patent
applications. The use of such Payor Numbers would permit an attorney,
agent or law firm to file a single paper containing a change of
address, rather than a separate paper for each patent application
affected by the change of address. The change of address in multiple
patent applications through a single paper directed to the Payor Number
would result in savings to both the attorney, agent or law firm and the
PTO. Interested members of the [[Page 26027]] public are invited to
present written comments on any topic relating to the extension of the
use of Payor Numbers.
DATES: Written comments on the topics presented in the supplementary
section of this notice will be accepted by the PTO until August 16,
1995.
ADDRESSES: Those interested in presenting written comments on the
topics presented in the supplementary information, or any related
topics, may mail their comments to the Commissioner of Patents and
Trademarks, Washington, DC 20231, marked to the attention of Box DAC.
In addition, comments may also be sent by facsimile transmission to
(703) 308-6916, with a confirmation copy mailed to the above address,
or by electronic mail messages over the Internet to payor@uspto.gov.
Written comments should include the following information:
--Name and affiliation of the individual responding;
--An indication of whether comments offered represent views of the
respondent's organization or are the respondent's personal views; and
--If applicable, information on the respondent's organization,
including the type of organization (e.g., business, trade group,
university, non-profit organization).
FOR FURTHER INFORMATION CONTACT:
Robert W. Bahr by telephone at (703) 308-6906, by facsimile at (703)
308-6916, or Jeffery V. Nase by telephone at (703) 305-9285, or by mail
marked to the attention of Box DAC, addressed to the Commissioner of
Patents and Trademarks, Washington, DC 20231.
SUPPLEMENTARY INFORMATION
I. Background
The PTO is considering extending the use of Payor Numbers to
matters involving patent applications. Specifically, Payor Numbers are
currently used with respect to establishing a ``fee address'' for
receipt of maintenance fee correspondence, and the use of such Payor
Numbers permit, inter alia, an attorney, agent or law firm to file a
single change of address paper for the Payor Number, which change of
address will be effective for every patent identified with the Payor
Number, rather than requiring that separate change of address papers be
filed for every patent affected by the change of address.
II. Issues for Public Comment
Any interested member of the public is invited to present written
comments on any topic related to the extension of the use of Payor
Numbers. The PTO is considering extending the Payor Number practice to
matters involving patent applications to permit (1) the identification
of the correspondence address of a patent application with a Payor
Number such that a single change of address may be filed for the Payor
Number, and thus every patent application identified with the Payor
Number, and (2) the identification of a list of registered attorneys
and/or agents with a Payor Number such that an applicant may in the
Power of Attorney appoint those attorneys and/or agents associated with
the Payor Number. The PTO requests written public comment on the
advisability of this extension of the use of Payor Numbers, and the
issues associated therewith.
Currently, when an attorney, agent or law firm changes
correspondence address, a separate paper containing this change of
address must be filed in every patent application affected by the
change of address. 37 CFR 1.4(b). The identification of an application
with a Payor Number will permit an attorney, agent or law firm to file
a single paper containing this change of address, rather than a
separate paper in each application, and this change of address paper
will be applicable to all applications identified with the Payor
Number. The identification of an application with a Payor Number will
be optional, in that any application not identified with a Payor Number
will not be affected by a change of address filed for a Payor Number,
even if the correspondence address provided for such application is
that of an attorney, agent, or law firm identified with a Payor Number.
The change of address in multiple patent applications through a single
paper directed to the Payor Number, rather than through individual
letters directed to each application, would result in savings to both
the attorney, agent or law firm and the PTO.
Currently, an applicant in the Power of Attorney must individually
name those attorneys and/or agents to represent the applicant in a
patent application. The association of a list of attorneys and/or
agents with a Payor Number will permit an applicant to appoint all of
the attorneys and/or agents associated with the Payor Number merely by
reference to the Payor Number in the Power of Attorney, i.e., without
individually listing the attorneys and/or agents in the Power of
Attorney. The addition and/or deletion of an attorney or agent from the
list of attorneys and/or agents identified with a Payor Number will
result in the addition or deletion of such attorney or agent from the
list of persons authorized to represent any applicant who appointed all
of the attorneys and/or agents identified with such Payor Number. This
will avoid the necessity for the filing of additional papers in each
application affected by a change in the attorneys and/or agents of the
law firm prosecuting the application. The appointment of attorneys and/
or agents identified with a Payor Number will be optional, in that any
applicant may continue to individually name those attorneys and/or
agents to represent the applicant in a patent application.
Currently, the PTO must individually enter into the Patent
Application Location and Monitoring (PALM) system the registration
number for each attorney and/or agent appointed to represent the
applicant in a patent application. The change of persons authorized to
represent applicants in multiple patent applications through a single
paper directing the PTO to change its records concerning the Payor
Number, which could require only a single entry into the PALM system,
rather than through individual letters directed to each application,
which would require a separate entry into the PALM system for each
affected application, would significantly reduce the amount of data
which must be entered into the PALM system, and would thus result in
savings to the PTO. In addition, permitting a change of persons
authorized to represent applicants in multiple patent applications
through a single paper directing the PTO to change its records
concerning the Payor Number would result in similar savings to the
attorney, agent, or law firm.
As the PTO will not recognize more than one correspondence address
(37 CFR 1.34(c)), any inconsistencies between the correspondence
address resulting from a Payor Number being provided in an application
for the correspondence address and any other correspondence address
provided in that application would be resolved in favor of the
correspondence address of the Payor Number. Where an applicant appoints
all of the attorneys and/or agents associated with a Payor Number as
well as a list of individually named attorneys and/or agents, such
action would be treated as only an appointment of all of the atttorneys
and/or agents identified with a Payor Number due to the potential for
confusion and data entry errors in entering registration numbers from
plural sources. If an applicant wished to appoint attorneys and/or
agents in addition to those associated with a Payor Number, the
additional attorneys and/or agents could be appointed
[[Page 26028]] through the use of an associate Power of Attorney.
Examples
1. The following language would be effective to appoint those
attorneys and/or agents individually listed, and provide the
correspondence address of Payor Number 99,999.
I hereby appoint the following practitioners to prosecute this
application and to transact all business in the Patent and Trademark
Office connected therewith:
John Doe, Registration No. 99,991, Jane Doe, Registration No.
99,992 and Richard Doe, Registration No. 99,993.
Address all correspondence to: Payor Number 99,999.
2. The following language would be effective to appoint those
attorneys and/or agents associated with, and provide the correspondence
address of, Payor Number 99,999.
I hereby appoint the practitioners identified with the Payor
Number provided below to prosecute this application and to transact
all business in the Patent and Trademark Office connected therewith,
and direct that all correspondence be addressed to that Payor
Number:
Payor Number 99,999.
Dated: May 9, 1995.
Bruce A. Lehman,
Assistant Secretary of Commerce and Commissioner of Patents and
Trademarks.
[FR Doc. 95-11976 Filed 5-15-95; 8:45 am]
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