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Federal Register / Vol. 86, No. 181 / Wednesday, September 22, 2021 / Notices
TABLE 1STATE AND FEDERAL COMMERCIAL FISHERIES INCLUDED ON
THE 2018 AND 2020 ANNUAL DETERMINATIONSContinued Years eligible to carry observers
Fishery
Pound Net/Weir/Seine Fisheries Gulf of Mexico menhaden purse seine
20182022

Dated: September 17, 2021.
Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service.
FR Doc. 202120522 Filed 92121; 8:45 am BILLING CODE 351022P

DEPARTMENT OF COMMERCE
Patent and Trademark Office Docket No. PTOP20210005

Administrative Updates to the General Requirements Bulletin for Admission to the Examination for Registration To Practice in Patent Cases Before the United States Patent and Trademark Office United States Patent and Trademark Office, Department of Commerce.
ACTION: Notice.
AGENCY:

The United States Patent and Trademark Office USPTO or Office previously published a notice requesting comments on the implementation of certain administrative updates to the General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office GRB. The USPTO has considered the comments and, based on the support for the proposals, is implementing the updates to the GRB.
There are three categories of technical and scientific qualifications that may typically make applicants eligible to sit for the registration examination:
Category A for specified bachelors degrees, Category B for other bachelors degrees with technical and scientific training, and Category C for practical engineering or scientific experience, which may be demonstrated by passing the Fundamentals of Engineering test.
Based on the USPTOs evaluation and comments received, the USPTO is changing the criteria to: Add common Category B degrees to Category A, accept advanced degrees i.e., masters and doctor of philosophy degrees under
SUMMARY:

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Category A, and accept a combination of core sciences under Category B, Options 2 and 4, so long as one of the core science courses has a lab component.
DATES: The revised GRB incorporating the proposed updates will be published and applicable as of September 22, 2021.
FOR FURTHER INFORMATION CONTACT: Will Covey, Director of the Office of Enrollment and Discipline, by telephone at 5712724097 or by email at oed@
uspto.gov.
SUPPLEMENTARY INFORMATION:
Summary On March 23, 2021, the Office published a request for comments on three proposals to change the criteria for sitting for the registration examination:
1 Adding common Category B degrees to Category A, 2 accepting advanced degrees i.e., masters and doctor of philosophy degrees under Category A, and 3 accepting a combination of core sciences under Category B, Options 2
and 4, so long as one of the core science courses has a lab component. The Office received 32 comments in response to this request for comments as of May 24, 2021 the closing date for comments.
An overwhelming majority of the comments were supportive of the suggested changes.
This notice provides information relating to the implementation of the three proposals.
Background The Director of the USPTO is given statutory authority to require a showing by patent practitioners that they possess the necessary qualifications to render applicants or other persons valuable service, advice, and assistance in the presentation or prosecution of their applications or other business before the Office. 35 U.S.C. 2b2D. The courts have determined that the USPTO
Director bears the primary responsibility for protecting the public from unqualified practitioners.
Pursuant to that responsibility, USPTO regulations provide that registration to practice in patent matters before the USPTO requires a practitioner to, inter alia, demonstrate possession of scientific and technical qualifications.1 The role of patent practitioners with scientific and technical backgrounds in providing full and clear patent specifications and 1 Legal representation before Federal agencies is generally governed by the provisions of 5 U.S.C.
500. That statute, however, provides a specific exception for representation in patent matters before the USPTO. 5 U.S.C. 500e. See 35 U.S.C.
2b2D formerly 35 U.S.C. 31.

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claims has long been acknowledged.
The USPTO publishes the GRB, which sets forth guidance for establishing possession of scientific and technical qualifications. The GRB is available at www.uspto.gov/sites/default/files/
documents/OED_GRB.pdf.
The GRB lists three categories of scientific and technical qualifications that typically make one eligible for admission to the registration examination: 1 Category A for specified bachelors degrees, 2
Category B for other bachelors degrees with technical and scientific training, and 3 Category C for individuals who rely on practical engineering or scientific experience by demonstrating that they have passed the Fundamentals of Engineering test. If a candidate for registration does not qualify under any of the categories listed in the GRB, the USPTO will conduct an independent review for compliance with the scientific and technical qualifications pursuant to 37 CFR 11.7a2ii.
The USPTO has evaluated, and continues to evaluate, the list of typically qualifying training set forth in the GRB. These evaluations seek to clarify guidance on what will satisfy the scientific and technical qualifications and to identify possible areas of improved administrative efficiency. To that end, the USPTO published a notice requesting comments on three proposed updates to the GRB: 1 Adding common Category B degrees to Category A, 2
accepting advanced degrees i.e., masters and doctor of philosophy degrees under Category A, and 3
accepting a combination of core sciences under Category B, Options 2
and 4, so long as one of the core science courses has a lab component. See Request for Comments on Administrative Updates to the General Requirements Bulletin for Admission to the Examination for Registration to Practice in Patent Cases Before the United States Patent and Trademark Office, 86 FR 15467 March 23, 2021.
The USPTO received 32 comments from intellectual property organizations, universities, industry, a law firm, individual patent practitioners, and the general public. The USPTO
acknowledges and appreciates the many comments that were submitted from the intellectual property community. The comments are available at:
www.regulations.gov/document/PTO-P2021-0005-0001/comment. The USPTO
has considered the comments, including those that raised concerns or provided suggestions. The USPTO is implementing the proposals as stated in the request for comments, and as explained below. Additional
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