DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket #: 950411100-5100-01]

RIN 0651-XX01








AGENCY: Patent and Trademark Office,Commerce

ACTION: Notice; Request for Comments.

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 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, D.C. 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, D.C. 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 would 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 attorneys 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 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.


					Bruce A. Lehman
                                        Assistant Secretary of Commerce and
					Commissioner of Patents and Trademarks