[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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