[Federal Register Volume 67, Number 68 (Tuesday, April 9, 2002)]
[Notices]
[Pages 17055-17060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8544]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office

RIN 0651-AB34


Proposed Plan for an Electronic Public Search Facility

AGENCY: Patent and Trademark Office, Commerce.

ACTION: Notice of public hearing and request for comments on the 
proposed plan for an electronic public search facility.

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SUMMARY: The United States Patent and Trademark Office (USPTO) is 
proposing a plan to eliminate the paper patent and trademark 
registration collections from its public search facilities and to 
transition to electronic patent and trademark information collections. 
The USPTO has determined that paper patent and trademark registration 
collections are no longer needed for public reference because of the 
availability of mature and reliable electronic search systems in its 
public search facilities. The USPTO is seeking public comment on issues 
related to this proposed plan. The USPTO is also seeking input on 
whether any governmental entity or non-profit organization is 
interested in acquiring the paper patent and trademark registration 
collections to be removed from the USPTO's public search facilities.

DATES: A public hearing will be held on May 16, 2002, starting at 9:30 
a.m. and ending no later than 5 p.m. Those wishing to speak must 
request an opportunity to do so no later than April 30, 2002. Speakers 
should provide a written copy of their remarks for inclusion in the 
record.
    To be ensured of consideration, written comments must be received 
on or before May 16, 2002.
    Any interested governmental entity or non-profit organization 
should contact the USPTO on or before May 24, 2002, to indicate a 
desire to acquire the paper patent and trademark registration 
collections to be removed from the USPTO's public search facilities.

ADDRESSES: The public hearing will be held in the Patent Theater 
located on the second floor of Crystal Park 2, Room 200, 2121 Crystal 
Drive, Arlington, VA. Any request to speak at the public hearing must 
be submitted by electronic mail message over the Internet to [email protected] or by facsimile to (703) 308-7792, marked to the 
attention of Ronald Hack, Deputy Chief Information Officer for 
Information Technology Services. Comments should be sent by electronic 
mail message over the Internet addressed to: [email protected]. 
Comments may also be submitted by mail addressed to: Under Secretary of 
Commerce for Intellectual Property and Director of the United States 
Patent and Trademark Office, Washington, D.C. 20231, marked to the 
attention of Ronald Hack, Deputy Chief Information Officer for 
Information Technology Services, or by facsimile to (703) 308-7792. 
Although comments may be submitted by mail or facsimile, the USPTO 
prefers to receive comments by electronic mail message over the 
Internet. The USPTO also prefers that the comments be submitted as 
machine-readable submissions provided as unformatted text (e.g., ASCII 
or plain text), or as formatted text in Microsoft Word (Macintosh, DOS 
or Windows versions) or WordPerfect (Macintosh, DOS or Windows 
versions) format. If submitted by mail, machine-readable submissions 
may be provided on a 3 1/2-inch floppy disk formatted for use in either 
a Macintosh or MSDOS-based computer, and must be accompanied by a paper 
copy.
    Any governmental entity or non-profit organization interested in 
acquiring the paper patent and trademark registration collections to be 
removed from the USPTO's public search facilities should contact Ronald 
Hack, Deputy Chief Information Officer for Information Technology 
Services by facsimile marked ``ATTN PAPER COLLECTIONS'' at (703) 308-
7792.

FOR FURTHER INFORMATION CONTACT: Ronald Hack by telephone at (703) 305-
9095, by facsimile at (703) 308-7792, by electronic mail at 
[email protected]; to Martha

[[Page 17056]]

Sneed by telephone at (703) 308-5558, by facsimile at (703) 306-2662, 
by electronic mail at [email protected]; or by mail addressed to 
the Under Secretary of Commerce for Intellectual Property and Director 
of the United States Patent and Trademark Office, Washington, DC 20231, 
marked to the attention of Ronald Hack, Deputy Chief Information 
Officer for Information Technology Services.

SUPPLEMENTARY INFORMATION: The USPTO proposes a transition to 
electronic patent and trademark information collections in its on-
campus public search facilities in Crystal City, Arlington, Virginia, 
by eliminating the classified paper patents and trademark registrations 
from the Patent Search Room located in Crystal Plaza 3/4, 2021 South 
Clark Place, and the Trademark Search Library located in the South 
Tower Building, 2900 Crystal Drive. The USPTO has determined that these 
collections are no longer needed for public reference because of the 
availability of mature and reliable replacement in-house electronic 
search systems in its public search facilities. The USPTO has devoted 
significant resources to the successful development of electronic 
search systems now widely used throughout the USPTO public search 
facilities. They provide equivalent functionality to the paper files 
and superior storage, maintenance and efficiency features. The paper 
classified files are incomplete by nature of the format. There may be 
missing or misfiled documents, potentially impacting search results 
which rely only on the paper classified files. Replacement of paper 
collections provides the USPTO the ability to migrate away from 
reliance on paper-based resources in its public search facilities and 
focus its limited resources on increased support of the electronic 
resources.

I. Introduction

    Section 41(i)(1) of Title 35, United States Code (U.S.C.), requires 
the USPTO to maintain for use by the public collections of United 
States patents, foreign patent documents, and United States trademark 
registrations arranged to permit search for and retrieval of 
information. See 35 U.S.C. 41(i)(1). Section 4804(d)(1) of the American 
Inventors Protection Act of 1999 (AIPA) amended 35 U.S.C. 41(i)(1) to 
allow the USPTO to maintain an electronic collection of these 
documents, in place of the former requirement in 35 U.S.C. 41(i)(1) 
that the USPTO maintain a collection of these documents in paper or 
microfilm. See Public Law 106-113, 113 Stat. 1501, 1501A-589 (1999). 
Section 4804(d)(2) of the AIPA, however, provides that the USPTO shall 
not:

cease to maintain, for use by the public, paper or microform 
collections of United States patents, foreign patent documents, and 
United States trademark registrations, except pursuant to notice and 
opportunity for public comment and except that the Director shall 
first submit a report to the Committees on the Judiciary of the 
Senate and the House of Representatives detailing such plan, 
including a description of the mechanisms in place to ensure the 
integrity of such collections and the data contained therein, as 
well as to ensure prompt public access to the most current available 
information, and certifying that the implementation of such plan 
will not negatively impact the public.

See Public Law 106-113, 113 Stat. at 1501A-590.
    Section 41(i)(2) of Title 35, U.S.C., also provides that:

    The Director shall provide for the full deployment of the 
automated search systems of the Patent and Trademark Office so that 
such systems are available for use by the public, and shall assure 
full access by the public to, and dissemination of, patent and 
trademark information, using a variety of automated methods, 
including electronic bulletin boards and remote access by users to 
mass storage and retrieval systems.

    The USPTO has been actively engaged in a program to automate access 
to U.S. patents and to U.S. trademark registrations for a number of 
years. The first automated search systems were publicly deployed in 
1985 for U.S. trademarks and 1989 for U.S. patents and have been 
upgraded and enhanced to the extent that they now meet or surpass the 
U.S. paper collections in completeness and timeliness of newly added 
material, and provide equivalent or better functionality in search 
strategy. Patent examiners and trademark examining attorneys have used 
these systems daily since their inception. As a result, the USPTO has 
had feedback on the operation of these systems and knows that the 
systems perform to the task and are user friendly. A selected inventory 
of publicly available USPTO searchable databases is included in the 
Appendix.
    These replacement electronic search systems now provide the USPTO 
the ability to migrate away from reliance on paper-based resources in 
its public search facilities and focus its limited resources on 
increased support of the electronic resources. The use of electronic 
systems has increased by public searchers to such a degree that the 
number of workstations in the public search facilities have increased 
from 33 in 1999 to 122 in 2002 to meet significantly higher demand. In 
fiscal year 2001, online system hours used by the public in USPTO's 
public search facilities totaled 90,990 hours, an increase of 36,357 
hours over the previous fiscal year.
    Therefore, consistent with the AIPA, this is the USPTO's proposed 
plan for an electronic public search facility. To accomplish a 
transition to electronic resources, the USPTO proposes to remove the 
two paper collections of search files currently available in the USPTO 
on-campus public search facilities. One collection consists of U.S. 
patent copies arranged by technology in accordance with the U.S. Patent 
Classification System. The other collection consists of U.S. trademark 
registration copies arranged by components specific to the 
registration.

II. Background

    The Public Search Facilities of the USPTO serve as the on-campus 
facilities for the public to access United States patent and trademark 
information collections, and obtain training on and assistance with 
using these collections. All industrialized countries provide similar 
facilities or functionality at or through their respective national 
intellectual property offices. At the USPTO Public Search Facilities, 
patent and trademark information is provided to the public in a number 
of formats including the online examiner search systems, paper search 
files in classified and numeric sets, and multiple formats of source 
documents and additional data made available for a wide variety of 
research purposes. The public search facilities for patents and 
trademarks are physically separate.
    The Patent Search Facilities consist of the Patent Search Room 
(PSR) where there are multiple formats of patent data including paper 
files and automated systems; the Patent Search and Image Retrieval 
Facility (PSIRF), which is a center for all electronic patent search 
and retrieval activities; and the Patent Assignment Search Room (PASR), 
which contains microfilm of ownership deed assignment, card files and 
automated search systems. The Patent Search Facilities provide public 
users access to classified paper files, numeric microfilm files, CD-ROM 
search collections, assignment systems, and the examiners' automated 
search systems, Examiner Automated Search Tool (EAST) and Web-based 
Examiner Search Tool (WEST). Numbers of public users in these 
facilities have been tracked since October 1999. Highest concurrent use 
in the Patent Search Facilities occurs at approximately 2 p.m. each day 
with 135 users. Online statistics show a

[[Page 17057]]

daily high of 256 unique users in the PSR and PSIRF combined.
    The Trademark Search Library (TMSL) provides public user access to 
paper classified and numeric files as well as the automated search 
systems used by examining attorneys: X-Search, the USPTO's 
administrative database for tracking trademark applications and 
registrations, the Trademark Recording and Monitoring system (TRAM), 
and finally, the system that retains copies of all incoming 
applications, Trademark Information Capture and Retrieval System 
(TICRS). Data collections are maintained in several formats including 
paper, automated, microfilm, and CD-ROM. The trademark assignment of 
ownership collection is also available in the TMSL. There are 
approximately 35 public users daily in the TMSL.
    The USPTO Public Search Facilities serve users who are highly 
skilled professional searchers conducting searches for law firms, 
business entities, and individuals. There is also a steady stream of 
new customers who use the facilities for a very limited time and for 
purposes of a fairly narrow scope. There are approximately 300 new 
users every month. Although paper files have been available throughout 
the deployment of our electronic search systems, use of electronic 
search systems has increased beyond our expectations. We have responded 
by adding extra workstations to ensure ready availability of the 
electronic search systems for all users.
    The ability to conduct a complete patent or trademark search 
depends as much on the capability of the searcher as it does on the 
availability and completeness of the data. Expert searchers are not 
limited to residing in the Washington, DC area; nor are they limited to 
using the resources available in the USPTO on-campus search facilities. 
Electronic patent and trademark searching is also not a new phenomenon. 
Commercial online databases first appeared in the early 1970's. The 
USPTO has over 16 years of experience in providing online access to the 
public for its searchable databases. These 16 years have seen 
tremendous change and significant improvement in the systems available 
from the USPTO.
    It should also be mentioned that the AIPA amended 35 U.S.C. 122 to 
provide for the publication of pending patent applications, with 
certain exceptions, promptly after the expiration of a period of 
eighteen months from the earliest filing date for which a benefit is 
sought (``eighteen-month publication''). See Changes to Implement 
Eighteen-Month Publication of Patent Applications, 65 FR 57023, 57024 
(Sept. 20, 2000), 1239 Off. Gaz. Pat. Office 63, 64 (Oct. 10, 2000) 
(final rule). The Office has been publishing patent applications 
(``patent application publications'') electronically under the 
eighteen-month publication provisions of the AIPA since March of 2001. 
The Office does not maintain paper copy collections of these patent 
application publications in either the Public Search Room or the 
examiners' search rooms. The Office expects that, due to their earlier 
publication date, these patent application publications will over time 
replace patents as the primary prior art and technology dissemination 
document. See Changes to Implement Eighteen-Month Publication of Patent 
Applications, 65 FR at 57042, 1239 Off. Gaz. Pat. Office at 79 
(response to comment 27). Thus, a complete prior art search must 
include a search of relevant patent application publications. 
Therefore, for the prior art search to be complete, any person 
conducting a prior art search must conduct an electronic search of 
these patent application publications.
    The USPTO has invested, and continues to invest, a substantial 
portion of its appropriation in the maintenance of patent and trademark 
electronic databases and the development and enhancement of software 
search vehicles. As a result, trademark examining attorneys rely solely 
on electronic records for examining and approving marks for Federal 
registration. Additionally, in view of patent examiners' increasing 
reliance on automated searching, the USPTO began phased elimination of 
paper copies of U.S. patents from examiner search files beginning in 
October 2001. It is anticipated that by the time the agency completes 
its relocation and consolidation at the Carlyle campus in Alexandria, 
Virginia, in 2005, a substantial portion of the patent examiner paper 
search files will have been eliminated.
    The USPTO's current planning approach to the dissemination of 
patent and trademark information is to continue enhancing its 
electronic databases that capture the content of patents and 
trademarks, and to continue to support the USPTO Web site, the network 
of 87 Patent and Trademark Depository Libraries, and the sale of its 
data products.

III. Proposed Plan for an Electronic Public Search Facility

A. Status of Replacement Electronic Search Systems

    The U.S. patent image database contains the complete printed patent 
of all patents granted from 1790 to date, including bibliographic 
information, specifications, drawings and claims. Extensive efforts 
over a number of years have been undertaken to ensure that this 
database is as complete as possible. As patents issue each week on 
Tuesday, this database is updated the same day with that week's issue 
of patents. The U.S. patent image database is available in the public 
search facilities through the WEST and EAST search systems, and at no 
cost for search time. Both offer the ability to mimic the search 
through paper classified files by allowing users to retrieve patents by 
technology in accordance with the U.S. Patent Classification System. It 
provides a quick flip rate through the documents, the same way that one 
would conduct a search through a stack of paper patents. But unlike the 
paper file, the patent image database remains complete at all times and 
available to multiple users simultaneously.
    The primary search tool used for trademark searches called X-
Search, includes a reproduction of the mark, as well as other 
information, from every pending application and active registration. It 
also includes the mark, and other information, from any abandoned 
application, or any canceled or expired registration, unless the 
application was abandoned or the registration was expired or canceled 
before March 1, 1983. The database also includes the marks protected 
under Article 6ter of the Paris Convention for the Protection of 
Industrial Property. This database can be searched using a variety of 
approaches, e.g., by mark, by owner name, by filing date, etc. The 
database is updated daily, with new information concerning pending and 
registered trademarks. It surpasses the completeness and timeliness of 
the paper classified trademark registrations because, among other 
things, the paper document must be printed from the same system that 
uploads the data to the trademark database. Then the paper copies must 
be marked for filing, and then filed. This additional processing needed 
to maintain the paper classified trademark registration collection 
makes it a less timely collection, and therefore, less accurate to 
search. In addition, pending applications that abandoned after 1983 and 
before 1990 have been purged from the paper files but remain available 
in the electronic files. This makes the electronic search systems more 
comprehensive in scope.
    The electronic systems that would replace the paper collections in 
the search facilities were developed specifically for use by USPTO 
examiners using a well-defined and long established process that guides 
and controls the development and

[[Page 17058]]

implementation of information technology initiatives. The USPTO, in 
making these systems available in the public search facilities, 
recognized that there might be different requirements for public 
access. The USPTO makes an effort to obtain public user requirements 
from internal and external sources, although enhancements required to 
achieve improved examiner productivity have priority. Enhancements to 
systems are announced in the search facilities and are often available 
for demonstration to the public prior to deployment. USPTO electronic 
search systems are well supported in the event of unscheduled downtime. 
Service goals for the public as well as the examining corps are in 
place and supported by USPTO management. Each step taken to correct an 
unscheduled interruption in service is documented, shared widely 
internally, and tracked for completion. Redundant formats of source 
documents are readily available in the public search facilities in 
microfilm, CD-ROM, DVD-ROM, and numerically arranged bound paper 
format, in the event of system downtime. Searchers may also utilize 
resources on the USPTO Web site.
    Like paper files, errors can occur in electronic search systems. 
However, mechanisms are in place for tracking, reporting and fixing 
errors that are made as a result of internal processes. The paper 
classified files are incomplete by nature of the format. There may be 
missing or misfiled documents, potentially impacting search results 
which rely only on the paper classified files.
    The USPTO follows the regulations and requirements of Federal 
agency records management, and the agency provides for effective 
controls over the maintenance of its records, in all media, paper and 
electronic, in accordance with 44 U.S.C. 3102. The agency has 
established effective controls for electronic information. Controls are 
in place throughout the life cycle of any information system that 
contains and provides access to computerized Federal records and 
nonrecord information. The USPTO is committed to ensuring the integrity 
of data when changes in media and format occur.

B. Paper Records Identified for Removal

    The USPTO proposes to remove the following paper collections of 
patents and trademark registrations, located on USPTO premises in 
Arlington, Virginia, at the earliest time permitted by law. The 
descriptions and associated dispositions of these two collections are 
cited from the Comprehensive Records Schedule maintained by the agency 
as a records management requirement of National Archives and Records 
Administration (NARA).
    1. Patent Classified Search Files (Patent Search Room, Crystal 
Plaza 3/4, Lobby Level-Room 1A01, 2021 South Clark Place)
    Copies of printed domestic patents. Domestic patents are arranged 
first by group and then by subgroup. These copies are used to 
facilitate public patent searches by class and subclass.
Disposition
    Nonrecord: Destroy when no longer needed for public reference.
    2. Registered Trademarks (Trademark Search Library, South Tower 
Building, Room 2B30, 2900 Crystal Drive) Trademarks registered by the 
USPTO for national and international business, government, membership, 
and service organizations. Records consist of individual sheets by 
registration number cross-filed in the appropriate design categories 
and in the following groups: words, international registrations, art of 
manufacturing, and color marks. Includes foreign marks submitted under 
the Paris Convention by the WIPO and government agencies which entered 
their logos and weapons names into the search files under Executive 
Order 11628, FR vol.36, No. 203, Oct. 20, 1971. Covers records from 
1870 to the present for paper copies. Used as the public reference 
copy.
Disposition
    Nonrecord: Destroy when no longer needed for public reference.
    The USPTO has determined that these collections are no longer 
needed for public reference because of the availability of mature and 
reliable replacement in-house electronic search systems in its public 
search facilities already described.

C. Public Comment

    The USPTO undertook, as required by AIPA, a period of public 
comment on issues related to the removal of paper. See Notice of 
Request for Comments on Development of a Plan to Remove the Patent and 
Trademark Classified Paper Files From the Public Search Facilities, 66 
FR 45012 (Aug. 27, 2001), 1250 Off. Gaz. Pat. Office 137 (Sept. 25, 
2001). The original deadline for comment was September 29, 2001. The 
notice was subsequently reopened for comment on October 4, 2001, with a 
second deadline of October 29, 2001. A total of 49 responses were 
received. Both the original notice and all responses are available for 
viewing on the USPTO Web site at www.uspto.gov.
    The USPTO received a number of comments that did not pertain to the 
paper removal plan. They included comments regarding patent text 
searching, foreign patent documents, non-patent literature, and 
questions that appear to be requests for information under the Freedom 
of Information Act, and are therefore not germane to the issue.
    The notice particularly solicited input on the following items:
    a. Measures required to ensure the integrity of electronic records.
    b. Comparable functionality for searching and retrieving 
information from electronic records.
    c. Reclassification of the patent electronic file.
    d. Paper disposition.

D. Timetable for Removal of Paper Collections

    The USPTO proposes to begin the removal of paper classified U.S. 
trademark registrations and U.S. patents at the earliest time permitted 
by law. It is anticipated that one collection would be completely 
removed before the removal of the other collection begins although no 
determination has yet been made about which of the two identified 
collections would be removed first. All paper identified for removal 
would be removed by the time the new electronic search facility opens 
in the USPTO's consolidated facility on the Carlyle site in Alexandria, 
Virginia, which is currently under construction. The space for the 
electronic search facility is expected to be available in the fall of 
2004. The removal of paper would be handled in such a manner as to 
cause as little inconvenience and disruption to public users as 
possible.

E. Interim Steps

    The USPTO, working with guidance from NARA, proposes to seek a 
governmental entity or non-profit organization to accept the two paper 
collections and assume the responsibility for their update and 
maintenance. Failing interest, the USPTO would seek opportunities for 
sale of the collections.
     At the time the USPTO begins seeking a governmental entity 
or non-profit organization to accept the two paper collections, the 
USPTO will stop adding any more weekly patent issues or trademark 
registrations to the collections. In addition, the USPTO would also 
begin moving certain paper collections from the public search facility 
for storage pending their transfer, sale, or destruction.

[[Page 17059]]

     The USPTO would continue to add workstations for the 
public to search databases as demand increases.
     The USPTO would continue to offer public training in all 
of its electronic search systems for varying levels of expertise.
     The USPTO would continue to offer specialized reference 
services tailored to the particular needs of novice users in patent and 
trademark searching.
     The USPTO would continue its efforts to comply with 
ergonomic design standards for computer workstations.
     The USPTO would continue to advise the public in the 
search facilities about progress regarding paper removal through a 
series of posted public notices, similar to public notices that have 
been posted in the past regarding equipment, systems and other issues 
impacting the public.
    The USPTO would continue to refine its planned electronic public 
search facility for the new space in Alexandria to reflect ongoing 
developments in public use of the current facilities such as reducing 
wait times for system access and designing sufficient work and table 
spaces to maximize terminal use.

F. Final Status

    At the completion of the removal of the two identified paper 
collections, the USPTO would consolidate its patent and trademark 
public search facilities into one consolidated electronic public search 
facility with the full complement of well-supported electronic search 
systems, trained staff, and ergonomic workstations.
    Fees to access USPTO electronic search systems were temporarily 
suspended in the USPTO public search facilities beginning October 1, 
1999. These fees would be permanently waived at the time of the 
disposal of the classified paper files so that access to all USPTO 
electronic search systems in the public search facilities would be 
free.
    Charges for printing hard copies would remain in place.
    Numeric sets of U.S. patents and U.S. trademark registrations would 
continue to be maintained in combinations of various formats including 
paper, microfilm, CD-ROM and DVD-ROM.

IV. Conclusion

    The USPTO is mandated to operate in a cost-effective manner, and to 
continue moving toward an online environment for service delivery to 
its customers. The USPTO has devoted significant resources to the 
successful development of electronic search systems. These systems are 
now widely used throughout the USPTO public search facilities. They 
provide equivalent functionality to the paper files and superior 
storage, maintenance and efficiency features. The USPTO proposes to 
eliminate the classified paper patents and trademark registrations from 
the Trademark Search Library located in the South Tower Building, 2900 
Crystal Drive, and the Patent Search Room located in the Crystal Plaza 
3/4, 2021 South Clark Place. Elimination of these paper files is 
consistent with the USPTO's goals, strategic information technology 
plans, and the agency's operational practices.

V. Issues for Public Comment

A. To Present Written Comments

    The USPTO wants to obtain comments and suggestions on the proposed 
plan for an electronic public search facility. Interested members of 
the public are invited to present oral or written comments on any 
issues they believe relevant to the proposed plan. The USPTO reserves 
the right to limit the number of public comments presented if necessary 
due to time constraints at the hearing, but will accept and consider 
all written comments submitted. In your response, please include the 
following:
     name and affiliation of the individual responding;
     clear identification of the matter being addressed;
     an indication of whether comments offered represent views 
of the respondent's organization or are the respondent's personal 
views; and
     if applicable, information on the respondent's 
organization, including the type of organization (e.g., business, trade 
group, university, non-profit organization).

B. To Request an Opportunity To Speak at the Hearing

    Persons interested in speaking should send their request by 
electronic mail message over the Internet to: [email protected]. 
Requests to speak should include:
     name and affiliation of the individual requesting the 
opportunity to speak;
     the organization represented by the respondent;
     contact information (address, telephone, e-mail);
     information on the specific focus or interest of the 
respondent or the respondent's organization.
    Speakers should provide a written copy of their remarks for 
inclusion in the record.

VI. Interest in Acquiring the Paper Patent and Trademark 
Collections To Be Removed From the USPTO's Public Search Facilities

    Any donation of the paper patent or trademark registration 
collections must comply with the NARA regulations for the donation of 
temporary records which are set out in 36 CFR 1228.60. For example, the 
donee must be a governmental entity or non-profit organization and must 
agree not to sell the patent or trademark registration collections 
except as wastepaper, the donation must be made without cost to the 
United States Government, and NARA must provide written approval of the 
donation. Thus, even if there is interest by a governmental entity or 
non-profit organization in acquiring the patent or trademark 
registration collections removed from the USPTO's public search 
facilities, the USPTO may still dispose of these collections as 
wastepaper if the USPTO cannot donate them to the governmental entity 
or non-profit organization in a cost-effective manner or if the USPTO 
cannot obtain written approval for the donation by NARA in a timely 
manner. Finally, as the USPTO will not be conducting a file integrity 
review of the patent or trademark registration collections as they are 
being removed from the public search facilities, the USPTO cannot 
assure that the patent or trademark registration collections being 
removed the public search facilities are complete.

    Dated: April 3, 2002.
James E. Rogan,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.

Appendix; Selected USPTO Electronic Databases and Search Tools Made 
Publicly Available

In the Public Search Facilities:

     Public EAST & WEST Systems: the full text of over 2.5 
million U.S. patents issued since January 1971; the full images of 
over 6.5 million U.S. patents issued since 1790 and over 14.5 
foreign patents; English translations of 5.1 million Japanese patent 
abstracts; and English translations of 3.1 million European patent 
abstracts.
     X-Search System: text and image of over 2.7 million 
trademark applications and registrations (including active, 
canceled, expired, and abandoned).
     Cassis2: A suite of optical disc products providing 
access to patent and trademark search tools, patent classification 
data, and selected bibliographic data.
     USAPat: Facsimile Images of United States Patents on 
DVD-ROM and CD-ROM
     USAMark: Facsimile Images of United States Trademark 
Registrations on CD-ROM

[[Page 17060]]

On the USPTO Web site:

     Trademark Electronic Search System (TESS): searchable 
database including the full text and clipped images of all 
registered trademarks;
     U.S. patents issued from 1790 through 1975--searchable 
by patent number and current U.S. patent classification;
     U.S. patents issued from 1976 to the most recent issue 
week--searchable by full-text fields that now include current U.S. 
classification data;
     Published applications; and
     Patent and trademark manuals and search tools.

[FR Doc. 02-8544 Filed 4-8-02; 8:45 am]
BILLING CODE 3510-16-P