Department of Commerce
                          Patent and Trademark Office
                         [Docket #: 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.
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 May 16, 1995.
Addresses: Those intereseted 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.

May 9, 1995                                                     BRUCE A. LEHMAN
                                            Assistant Secretary of Commerce and
                                         Commissioner of Patents and Trademarks