[Federal Register Volume 64, Number 248 (Tuesday, December 28, 1999)]
[Notices]
[Pages 72640-72641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33578]


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DEPARTMENT OF COMMERCE

[Docket No. 990114014-9317-02]
RIN: 0605-XX05


Privacy Act of 1974; System of Records

AGENCY: Department of Commerce.

ACTION: Notice of amendment of privacy act system of records; commerce/
patent and trademark system 14.

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SUMMARY: The Department of Commerce is amending the system of records 
listed under Commerce-Patent and Trademark System 14: User of Public 
Search Room of the Patent and Trademark Office. This action has been 
taken to update the user pass system privacy act notice. We invite 
public comment on the proposed changes announced in this publication.

DATES: Effective Date: The amendments will become effective as proposed 
January 27, 2000.
    Comment Date: To be considered, written comments must be submitted 
on or before January 27, 2000.

ADDRESSES: Comments may be sent via United States Mail delivery to 
Nancy Slutter, Office of the Solicitor, United States Patent and 
Trademark Office, Box 8, Washington, DC 20231; or via facsimile at 703-
305-9373. All comments received will be available for public inspection 
at the Public Search Facilities, Crystal Plaza 3, 2021 South Clark 
Place, Arlington, VA 22202.

FOR FURTHER INFORMATION CONTACT: Nancy Slutter, Office of the 
Solicitor, Box 8, Washington, DC 20231, 703-305-9035.

SUPPLEMENTARY INFORMATION: The Patent and Trademark Office (PTO) will 
modify its current user pass system for persons using the Public Search 
Facilities and other offices at the PTO. The user pass system will be 
modified from a system that is currently collected on paper to a system 
that stores records electronically. The PTO maintains numerous search 
facilities for the use of members of the public. Patent applications 
are available to applicants and their designees and all trademark files 
are available to the public. Additionally, application files for issued 
United States patents are available for inspection and duplication at 
the PTO. Thus, members of the public have a need to access certain 
areas of the PTO facilities. The PTO has become aware of problems 
associated with improper use, removal, loss, or theft of application 
files and other PTO property and, therefore, plans to modernize its 
user pass system to better preserve its resources. Additionally, the 
user pass system will help the PTO understand the public's use of PTO 
facilities and allocate sufficient resources to serve the public.
    On January 6, 1998, the PTO issued a notice in its Official Gazette 
notifying the public that updated identification passes would be issued 
to public users of the PTO search facilities. On October 22, 1997, the 
PTO held a public hearing concerning the public's access to application 
files. Members of the public submitted a number of written comments 
concerning access to application files. All commenters objected to a 
proposal that would have restricted access to the application files. 
Four additional commenters, while expressing concern at the proposal to 
restrict access, praised the PTO for efforts to implement procedures to 
assure the integrity of the application files.
    Application files are critically important to understanding the 
metes and bounds of the intellectual property grants that the 
Commissioner of Patents and Trademarks issues. See, e.g., Warner-
Jenkinson Co. v. Hilton Davis Chem. Co., 117 S.Ct. 1040, 1049-50 (1997) 
(discussing prosecution history estoppel). Moreover, Congress has 
mandated that the PTO keep and preserve all records pertaining to 
patents and trademark registrations. 35 U.S.C. 1.
    Changes being made to update PAT/TM-14 include amendments to the 
system name, categories of records in the system, policies and 
practices for storing records, and addresses. The system name is being 
amended to reflect that this system encompasses all public facilities 
at the Patent and Trademark Office, not just the Public Search Room as 
the system is currently named. The categories of records in the system 
is being amended: (i) To clarify that the PTO may collect addresses, 
including business, home and/or electronic mail addresses--the current 
notice merely lists home addresses; (ii) to include telephone numbers--
the current system does not mention telephone numbers; (iii) to include 
a photograph--the current system does not mention photographs; (iv) to 
include record of use--the current system does not mention record of 
use; (v) to include government-issued identification cards and 
information contained therein--the current system does not mention

[[Page 72641]]

government-issued identification cards; and, (vi) to include other 
information as needed to establish identity--the current system does 
not mention other information to establish identity. The PTO will 
collect this information to confirm identity of public users checking 
out application files or other material or using the public facilities. 
The policies and practices for storing and retrieving the information 
in this system are being amended to reflect electronic storage compared 
with the current paper storage system. The system manager and 
notification procedure are being amended merely to update correct 
addresses for those positions.
    The Department of Commerce finds no probable or potential affect of 
the proposal on the privacy of individuals. To minimize the risk of 
unauthorized access to the system of records, the PTO has located paper 
records in lockable file cabinets or in metal file cabinets in secured 
rooms or secured premises with access limited to those whose official 
duties require access. Electronic files are stored in secured premises 
with access limited to those whose official duties require access.
    Accordingly, the Users of Public Search Room of the Patent and 
Trademark Office originally published at 42 FR 32340, June 24, 1977 is 
amended by the following updates:
Commerce/PAT-TM-14

System name:
    Users of Public Facilities of the Patent and Trademark Office.

System location: *
Categories of individuals covered by the system: *
Categories of records in the system:
    Name; addresses; telephone numbers; business firm or other 
organizations with which affiliated; user pass number; user photograph; 
registration number, if a registered practitioner before the Patent and 
Trademark Office; record of use; violations of policies governing use 
of the search facilities and other office areas; signature of 
recipients of user passes; government-issued identification card and 
information contained therein; and, other information as needed to 
establish identity.

Authority for maintenance of the 
system: *
Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses: *
Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in file folders and electronic storage.

Retrievability:
    Alphabetically by name and sequentially by user pass number. Also, 
electronic sort by data element.

Safeguards:
    Records are located in lockable metal file cabinets or in metal 
file cabinets in secured rooms or secured premises with access limited 
to those whose official duties require access. Electronic files are 
stored in secured premises with access limited to those whose official 
duties require access.

Retention and disposal: *
System manager(s) and address:
    Director, Public Search Services Division, U.S. Patent and 
Trademark Office, Washington, DC 20231.

Notification procedure:
    Information may be obtained from: Privacy Officer, Office of the 
Solicitor, U.S. Patent and Trademark Office, Box 8, Washington, DC 
20231. Requesters should provide name, signature, address, date of 
visit, and record sought in accordance with the inquiry provisions of 
the Department's rules which appear in 15 CFR part 4b.

    * No changes are being made.
    Dated: December 14, 1999.
Brenda Dolan,
Freedom of Information/Privacy Act Officer, Department of Commerce.
[FR Doc. 99-33578 Filed 12-27-99; 8:45 am]
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