2025-03831NoticeWallet

USPTO Seeks Feedback on Lawyer Discipline Forms

Published Date: 3/11/2025

Notice

Summary

The USPTO is asking for public feedback on how it collects info about the behavior and discipline of patent and trademark lawyers and agents. This update affects anyone who represents others before the USPTO and aims to keep professional conduct clear and fair. Comments are open until May 12, 2025, with no new fees involved—just a chance to help shape the rules!

Analyzed Economic Effects

4 provisions identified: 1 benefits, 3 costs, 0 mixed.

Reinstatement petition fee for suspended practitioners

Practitioners who file a petition for reinstatement under 37 CFR 11.60(c) must pay a filing fee of $1,806 per petition. The USPTO estimates 3 such petitions annually, totaling $5,418 in filing fees per year.

Practitioners must keep client property records

If you represent others before the USPTO, you must keep complete records of client funds, securities, and other client property and render accounts as required by 37 CFR part 11. The USPTO estimates 51,951 practitioners will spend 1 hour each on routine recordkeeping (total $23,222,097) and 286 practitioners under suspension or exclusion will spend 20 hours each on recordkeeping (total $2,556,840), for combined recordkeeping hours of 57,671 and a combined cost of $25,778,937.

Overall paperwork burden and estimated costs

The information collection covers reporting and recordkeeping under the USPTO Rules of Professional Conduct and applies to individuals or households representing others before the USPTO. The USPTO estimates 52,411 annual respondents and responses, 58,187 total annual burden hours, an estimated total annual respondent hourly cost burden of $26,009,589, and total annual non-hour costs of $5,440 (including filing fees and postage).

Public comment opportunity on information collection

The USPTO requests public comments on this information collection and will accept comments on or before May 12, 2025. Anyone affected (practitioners representing others before the USPTO) may submit feedback via email, the Federal eRulemaking Portal, or mail.

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Key Dates

Published Date
3/11/2025

Department and Agencies

Department
Independent Agency
Agency
Commerce Department
Patent and Trademark Office
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