[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Pages 69520-69521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22715]


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DEPARTMENT OF COMMERCE

Patent and Trademark Office


Privacy Act of 1974; System of Records

AGENCY: United States Patent and Trademark Office, Commerce.

ACTION: Notice of amendment of Privacy Act system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the United States Patent and Trademark Office (USPTO) 
is amending the system of records listed under ``COMMERCE/PAT-TM-1 
Attorneys and Agents Registered to Practice Before the Office.'' This 
action is being taken to update the Privacy Act notice. We invite the 
public to comment on the amendments noted in this publication.

DATES: Written comments must be received no later than December 16, 
2005. The amendments will become effective as proposed on December 16, 
2005, unless the USPTO receives comments that would result in a 
contrary determination.

ADDRESSES: You may submit written comments by any of the following 
methods:
     E-mail: [email protected].
     Fax: (571) 273-4097, marked to the attention of 
Steve Hanson.
     Mail: Steve Hanson, Office of Enrollment and Discipline, 
United States Patent and Trademark Office, Mail Stop OED, P.O. Box 
1450, Alexandria, VA 22313-1450.
    All comments received will be available for public inspection at 
the USPTO Public Search Facility, Madison East Building--1st Floor, 600 
Dulany Street, Alexandria, VA 22314.

FOR FURTHER INFORMATION CONTACT: Director, Office of Enrollment and 
Discipline, United States Patent and Trademark Office, Mail Stop OED, 
P.O. Box 1450, Alexandria, VA 22313-1450, (571) 272-4097.

SUPPLEMENTARY INFORMATION: The United States Patent and Trademark 
Office (USPTO) is giving notice of an amendment to a system of records 
that is subject to the Privacy Act of 1974. This system of records 
maintains information on attorneys and agents who are, or have been, 
registered to practice before the USPTO in patent cases, as well as 
applicants and former applicants for such registration to practice. The 
Privacy Act notice is being updated with current address information 
for the system location and system manager. The authority for 
maintenance of the system and rule references for the notification 
procedure and contesting record procedures are being updated to 
correspond to the current statutes and rules for those items as related 
to the USPTO. The descriptions of retrievability and safeguards have 
also been revised to indicate that the relevant electronic database for 
this system of records is password protected and accessible only by 
authorized staff members of the USPTO Office of Enrollment and 
Discipline.
    The Privacy Act system of records notice, ``COMMERCE/PAT-TM-1 
Attorneys and Agents Registered to Practice Before the Office,'' was 
previously published at 65 FR 19868 (April 13, 2000). The amended 
system of records notice is published in its entirety below.
COMMERCE/PAT-TM-1

System name:
    Attorneys and Agents Registered to Practice Before the Office.

Security classification:
    Unclassified.

System location:
    Office of Enrollment and Discipline, United States Patent and 
Trademark Office, 600 Dulany Street, Alexandria, VA 22314; Office of 
the Solicitor, United States Patent and Trademark Office, 600 Dulany 
Street, Alexandria, VA 22314.

Categories of individuals covered by the system:
    Attorneys and agents who are, or have been, registered to practice 
before the United States Patent and Trademark Office (USPTO) in patent 
cases, and applicants and former applicants for such registration to 
practice.

Categories of records in the system:
    Biographical information, personal and professional qualifications, 
character and fitness report, investigations of an applicant's

[[Page 69521]]

suitability or eligibility for registration to practice before the 
USPTO, undertakings of former patent examiners, current address, and 
status information.

Authority for maintenance of the system:
    35 U.S.C. 2.

Purpose(s):
    To carry out the duties of the USPTO under 35 U.S.C. 2(b)(2)(D), in 
particular, the enrollment and recognition of individuals to practice 
as attorneys and agents before the USPTO in patent, trademark, and 
other non-patent matters.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    See Prefatory Statement of General Routine Uses Nos. 1-5 and 8-13, 
as found at 46 FR 63501-63502 (December 31, 1981). A public roster 
including an address of record, law firm or company affiliation, 
telephone number, and registration number of the registered individuals 
is published and disseminated; registration status is disseminated upon 
inquiry; and information may be published or otherwise disclosed to 
solicit information regarding an applicant's suitability and 
eligibility for registration to practice before the USPTO.

Disclosure to consumer reporting agencies:
    Not applicable.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records in file folders, microfilm, and machine-readable 
storage media.

Retrievability:
    Filed alphabetically by name or registration number. The files are 
searchable on a database available only to authorized staff members of 
the Office of Enrollment and Discipline.

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. The electronic files are password protected.

Retention and disposal:
    Records retention and disposal is in accordance with the unit's 
Record Control Schedule.

System manager(s) and address:
    Director, Office of Enrollment and Discipline, United States Patent 
and Trademark Office, Mail Stop OED, P.O. Box 1450, Alexandria, VA 
22313-1450.

Notification procedure:
    Information may be obtained from the Director, Office of Enrollment 
and Discipline, United States Patent and Trademark Office, Mail Stop 
OED, P.O. Box 1450, Alexandria, VA 22313-1450. Requester should provide 
name, address, date of application, and record sought, pursuant to the 
inquiry provisions appearing in 37 CFR part 102 subpart B.

Record access procedures:
    Requests from individuals should be addressed to the same address 
as stated in the notification section above.

Contesting record procedures:
    The rules for access, for contesting contents, and for appealing 
initial determinations by the individual concerned appear in 37 CFR 
part 102 subpart B.

Record source categories:
    Subject individual, references, and individuals furnishing 
information.

Exemptions claimed for the system:
    Pursuant to 5 U.S.C. 552a(k)(2), all investigatory materials in the 
record which meet the criteria in 5 U.S.C. 552a(k)(2) are exempted from 
the notice, access, and contest requirements (under 5 U.S.C. 
552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f)) of the 
agency regulations because of the necessity to exempt this information 
and material in order to accomplish the law enforcement function of the 
agency, to prevent subjects of investigations from frustrating the 
investigatory process, to prevent the disclosure of investigative 
techniques, to fulfill commitments made to protect the confidentiality 
of sources, to maintain access to sources of information, and to avoid 
endangering these sources and law enforcement personnel.

    Dated: November 9, 2005.
Susan K. Brown,
Records Officer, USPTO, Office of the Chief Information Officer, Office 
of Data Architecture and Services, Data Administration Division.
[FR Doc. 05-22715 Filed 11-15-05; 8:45 am]
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