This information collection includes
the information necessary to submit a request to grant or revoke
power of attorney for an application, patent, or reexamination
proceeding, and for a registered practitioner to withdraw as
attorney or agent of record. This also includes the information
necessary to change the correspondence address for an application,
patent, or reexamination proceeding, to request a Customer Number
and manage the correspondence address and list of practitioners
associated with a Customer Number, and to designate or change the
correspondence address or fee address for one or more patents or
applications by using a Customer Number. Under 35 U.S.C. 2 and 37
CFR 1.31-1.32, power of attorney may be granted to one or more
joint inventors or a person who is registered to practice before
the USPTO to act in an application or a patent. In particular, for
an application filed before September 16, 2012, or for a patent
which issued from an application filed before September 16, 2012,
power of attorney may be granted by the applicant for patent (as
set forth in 37 CFR 1.41(b) (pre-AIA)) or the assignee of the
entire interest of the applicant. For an application filed on or
after September 16, 2012, or for a patent which issued from an
application filed on or after September 16, 2012, power of attorney
may be granted by the applicant for patent (as set forth in 37 CFR
1.42) or the patent owner. The USPTO provides two different
versions of the most forms for establishing power of attorney based
upon whether the application filing date iswas filed before or
after September 16, 2012 or was filed on or after September 16,
2012. Providing forms based upon whether the application was filed
before September 16, 2012 or was filed on or after September 16,
2012 reduces applicants’ burden in having to determine the
appropriate power of attorney requirements for a given application.
, to thereby reduce applicants’ burden in having to determine the
appropriate power of attorney requirements for a given application.
37 CFR 1.36 provides for the revocation of a power of attorney at
any stage in the proceedings of a case. 37 CFR 1.36 also provides a
path by which a registered patent attorney or patent agent who has
been given a power of attorney may withdraw as attorney or agent of
record. A Customer Number is a unique number created by the USPTO
and is used instead of a physical address. The Customer Number
allows a group of filings to be associated with a single
correspondence mailing address. The USPTO’s Customer Number
practice permits applicants, patent owners, assignees, and
practitioners of record, or the representatives of record for a
number of applications or patents, to change the correspondence
address of a patent application or patent with one change request
instead of filing separate requests for each patent or application.
Any changes to the address or practitioner information associated
with a Customer Number will be applied to all patents and
applications associated with said Customer Number. Changes of
correspondence address or power of attorney may be filed separately
for each patent or application without using a Customer Number.
However, a valid Customer Number provides secure access to patent
information through the registered USPTO.gov account using the
USPTO patent electronic filing system (Patent Center), which is
available through the USPTO website. Additionally, the use of a
Customer Number is also required in order to grant power of
attorney to more than ten practitioners or to establish a separate
“fee address” for maintenance fee purposes that is different from
the correspondence address for a patent or application.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.