Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Rules and Regulations Howie Reitz, Staff Attorney, Office of Enrollment and Discipline, USPTO, at 5712724097.
SUPPLEMENTARY INFORMATION:

lotter on DSK11XQN23PROD with RULES1

I. Background To support regulatory reform efforts, the USPTO assembled a Working Group on Regulatory Reform Working Groupconsisting of subject-matter experts from each of the business units that implement the USPTOs regulationsto consider, review, and recommend ways that the regulations could be improved, revised, and streamlined. The Working Group reviewed existing regulations, both discretionary and required by statute or judicial order. The USPTO also solicited comments from stakeholders through a web page established to provide information on the USPTOs regulatory reform efforts, and through the Department of Commerces Federal Register Notice titled Impact of Federal Regulations on Domestic Manufacturing 82 FR 12786, Mar. 7, 2017, which addressed the impact of regulatory burdens on domestic manufacturing. These efforts led to the selection of certain regulations related to the requirement for an original handwritten signature for certain correspondence with the Office of Enrollment and Discipline OED for removal based on the USPTOs assessment that they were not needed and/or that elimination could improve the USPTOs body of regulations.
In addition, as part of the USPTOs COVID19 relief efforts, the USPTO
waived the requirement for an original handwritten signature for certain correspondence with OED and certain payments by credit card in an announcement made on March 19, 2020, and in a notice published in the Federal Register on March 30, 2020 85
FR 17502. In that announcement, the USPTO determined that the effects of COVID19 were an extraordinary situation within the meaning of 37 CFR
1.183 and 2.146a5 for affected persons doing business before the Office that warranted a waiver of the original handwritten signature requirements of 1.4e.
II. Regulations for Removal In this final rule, the USPTO finalizes those provisions in its proposed rule published on November 25, 2019 84 FR
64800 related to the removal of the requirement for original handwritten signatures in dark ink on correspondence relating to registration to practice before the Office and other matters within the purview of the OED, which achieves the objective of making
VerDate Sep<11>2014

16:05 Jul 01, 2021

Jkt 253001

the USPTOs regulations more effective, while enabling the USPTO to fulfill its mission-related goals.
Although the Office proposed to remove only the original handwritten signature requirement found in 37 CFR
1.4e1, relating to correspondence with the OED, in this final rule, the Office also eliminates the original handwritten signature requirement found in 1.4e2, related to payments by credit card when the payment is not being made via the Offices electronic filing systems. The removal of 1.4e2
makes permanent the USPTOs waiver of the original handwritten signature requirement in payments by credit card announced on March 19, 2020, and published in the Federal Register on March 30, 2020 85 FR 17502.
Elimination of the entirety of 1.4e allows, for example, the use of facsimile transmissions and S-signatures in enrollment and disciplinary matters before the OED, in addition to the use of facsimile transmissions and Ssignatures in payments by credit card.
Elimination of this section also facilitates the implementation of an electronic filing system within the OED.
As a conforming change, this final rule also removes 1.6d1 to eliminate an obsolete cross reference to 1.4e.
The USPTO intends to address its proposed revisions to its regulations governing requests for Presidential Proclamations under the Semiconductor Chip Protection Act SCPA, as published in its proposed rule on November 25, 2019 84 FR 64800, in a separate notice.
III. Proposed Rule: Comments and Responses The USPTO published a proposed rule on November 25, 2019 84 FR
64800, soliciting comments on the proposed amendments. The USPTO
received no comments in response to the proposed rule.
IV. Discussion of Rule Changes This final rule removes and reserves 37 CFR 1.4e, which sets forth certain correspondence and signature requirements. As a corresponding change, this final rule removes and reserves 1.6d1 to eliminate an obsolete cross reference to 1.4e.
Rulemaking Considerations:
A. Administrative Procedure Act: The changes in this rulemaking involve rules of agency practice and procedure, and/
or interpretive rules. See Perez v. Mortg.
Bankers Assn, 135 S. Ct. 1199, 1204
2015 Interpretive rules advise the public of the agencys construction of the statutes and rules which it administers. citation and internal
PO 00000

Frm 00011

Fmt 4700

Sfmt 4700

35227

quotation marks omitted; Natl Org. of Veterans Advocates v. Secy of Veterans Affairs, 260 F.3d 1365, 1375 Fed. Cir.
2001 rule that clarifies that the interpretation of a statute is interpretive; Bachow Commcns Inc. v.
FCC, 237 F.3d 683, 690 D.C. Cir. 2001
Rules governing an application process are procedural under the Administrative Procedure Act.; Inova Alexandria Hosp.
v. Shalala, 244 F.3d 342, 350 4th Cir.
2001 Rules for handling appeals were procedural where they did not change the substantive standard for reviewing claims..
Accordingly, prior notice and opportunity for public comment for the changes in this rulemaking were not required pursuant to 5 U.S.C. 553b or c, or any other law. See Perez, 135 S.
Ct. at 1206 Notice-and-comment procedures are required neither when an agency issues an initial interpretive rule nor when it amends or repeals that interpretive rule.;
Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 133637 Fed. Cir. 2008 stating that 5 U.S.C. 553, and thus 35 U.S.C.
2b2B, do not require notice-andcomment rulemaking for interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice quoting 5 U.S.C.
553bA. However, to benefit from the publics input, the Office chose to seek public comment on the removal of its regulations governing requests for Presidential Proclamations under the SCPA and on the elimination of the requirement for original handwritten signatures on certain correspondence with the OED before implementing the rule.
In addition, the Office, pursuant to the authority at 5 U.S.C. 553bB, finds good cause to remove regulations requiring that certain payments be made to the USPTO by credit card, found in 37 CFR 1.4e2 and 1.6d1, without prior notice and an opportunity for public comment, as such procedures would be contrary to the public interest.
The public does not require additional time to conform its conduct, as the changes in this final rule do not add any new requirements, and the elimination of the provisions in this final rule provides a modest benefit to impacted parties by making permanent the use of alternative signature methods in certain payments by credit card.
Furthermore, the Office finds good cause to waive the 30-day delayed effectiveness period for this final rule, as provided by 5 U.S.C. 553d3, because such delay would be contrary to the public interest, as this final rule provides a modest benefit to impacted parties by making permanent the use of
E:FRFM02JYR1.SGM

02JYR1