[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 3510-16-P