[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Rules and Regulations]
[Pages 36294-36295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-15469]
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DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Parts 1, 102 and 104
[Docket No. PTO-C-2006-0049]
RIN 0651-AC08
Correspondence With the United States Patent and Trademark Office
AGENCY: United States Patent and Trademark Office, Commerce.
ACTION: Final rule.
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SUMMARY: The United States Patent and Trademark Office (Office) is
revising the rules of practice to update the service addresses for
certain correspondence to the Office of the General Counsel (OGC) and a
component of OGC, the Office of the Deputy General Counsel for
Intellectual Property Law and Solicitor (Office of the Solicitor). The
Office is also updating the physical location address for the Public
Search Room.
DATES: Effective Date: The changes in this final rule are effective on
June 25, 2010.
Compliance Date: The compliance date for correspondence to the
Office of the General Counsel and the Office of the Solicitor is July
26, 2010.
FOR FURTHER INFORMATION CONTACT: Kyu S. Lee, Office of the General
Counsel, Office of General Law, by telephone at 571-272-3000.
SUPPLEMENTARY INFORMATION: The United States Patent and Trademark
Office (Office) is revising the rules of practice to update the service
addresses for certain correspondence to the Office of the General
Counsel (OGC) and a component of OGC, the Office of the Deputy General
Counsel for Intellectual Property Law and Solicitor (Office of the
Solicitor). The Office no longer has facilities in the Crystal City
(Arlington, Virginia) location. Accordingly, revised service addresses
for certain correspondence to the Office of the General Counsel and the
Office of the Solicitor have been established at the Office's
Alexandria, Virginia location. Although the effective date of the
address change is June 25, 2010, both the Arlington, Virginia and
Alexandria, Virginia addresses may be used until July 26, 2010.
However, after July 26, 2010, only the revised address in Alexandria,
Virginia may be used. Appropriate sections of the Office's Manual of
Patent Examining Procedure (MPEP) will be revised to conform to the
final rule.
The Office of the Deputy General Counsel for Intellectual Property
Law and Solicitor: Specifically, the Office is changing the mailing
address for correspondence to counsel for the Director of the Office of
Enrollment and Discipline relating to disciplinary proceedings pending
before a Hearing Officer or the Director from Arlington, Virginia to
Alexandria, Virginia. The Office is also amending the mailing address
for general correspondence to the Office of the Solicitor, by
specifically adding the Office of the Solicitor as the addressee.
Public Search Room: The physical address for the Public Search Room
is being updated to reflect that it is located at the Office's
Alexandria, Virginia campus and is no longer in Arlington, Virginia.
The Office of the General Counsel: The Office is changing the
Office of the General Counsel's mailing address for litigation and
service from Arlington, Virginia to Alexandria, Virginia.
Discussion of Specific Rules
Title 37 of the Code of Federal Regulations, is amended as follows:
Part 1: Section 1.1 is amended to: (1) Change the Office of the
Solicitor's address for correspondence to counsel for disciplinary
proceedings to ``Mail Stop 8, Office of the Solicitor, United States
Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-
1450''; and (2) change the Office of the Solicitor's address for
general correspondence to ``Mail Stop 8, Office of the Solicitor,
United States Patent and Trademark Office, P.O. Box 1450, Alexandria,
Virginia 22313-1450.''
Part 102: Section 102.2 is amended to change the location address
for the Public Search Room to ``Public Search Room, Madison Building
East, First Floor, 600 Dulany Street, Alexandria, Virginia.''
Part 104: Section 104.2 is amended to: (1) Change the mailing
address to ``Office of the General Counsel, United States Patent and
Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.''
Rulemaking Considerations
Administrative Procedure Act: Since this final rule is directed to
changing Office addresses, this final rule merely involves rules of
agency organization, procedure, or practice within the meaning of 5
U.S.C. 553(b)(A). Accordingly, this final rule may be adopted without
prior notice and opportunity for public comment under 5 U.S.C. 553(b)
and (c), or thirty-day advance publication under 5 U.S.C. 553(d).
Regulatory Flexibility Act: As prior notice and an opportunity for
public comment are not required pursuant to 5 U.S.C. 553 (or any other
law), a regulatory flexibility analysis under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) is not required. See 5 U.S.C.
603.
Executive Order 13132: This rule making does not contain policies
with federalism implications sufficient to warrant preparation of a
Federalism Assessment under Executive Order 13132 (Aug. 4, 1999).
Executive Order 12866: This rule making has been determined to be
not significant for purposes of Executive Order 12866 (Sept. 30, 1993).
Paperwork Reduction Act: This rule making does not create any
information collection requirements under the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.). Notwithstanding any other provision
of law, no person is required to respond to nor shall a person be
subject to a penalty for failure to comply with a collection of
information subject to the requirements of the Paperwork Reduction Act
unless that collection of information displays a currently valid OMB
control number.
[[Page 36295]]
Congressional Review Act: Under the Congressional Review Act
provisions of the Small Business Regulatory Enforcement Fairness Act of
1996 (5 U.S.C. 801 et seq.), prior to issuing any final rule, the USPTO
will submit a report containing the final rule and other required
information to the United States Senate, the United States House of
Representatives, and the Comptroller General of the Government
Accountability Office. However, this action is not a major rule as
defined by 5 U.S.C. 804(2).
List of Subjects
37 CFR Part 1
Administrative practice and procedure, Courts, Freedom of
information, Inventions and patents, Reporting and record keeping
requirements, Small businesses.
37 CFR Part 102
Administrative practice and procedure, Freedom of information,
Privacy.
37 CFR Part 104
Administrative practice and procedure, Claims, Courts, Freedom of
information, Inventions and patents, Trademarks.
0
For the reasons set forth in the preamble, 37 CFR Parts 1, 102 and 104
are amended as follows:
PART 1--RULES OF PRACTICE IN PATENT CASES
0
1. The authority citation for 37 CFR Part 1 continues to read as
follows:
Authority: 35 U.S.C. 2(b)(2).
0
2. Section 1.1 is amended by revising paragraphs (a)(3)(ii) and
(a)(3)(iii) to read as follows:
Sec. 1.1 Addresses for non-trademark correspondence with the United
States Patent and Trademark Office.
(a) * * *
(3) * * *
(ii) Disciplinary proceedings. Correspondence to counsel for the
Director of the Office of Enrollment and Discipline relating to
disciplinary proceedings pending before a Hearing Officer or the
Director shall be mailed to: Mail Stop 8, Office of the Solicitor,
United States Patent and Trademark Office, P.O. Box 1450, Alexandria,
Virginia 22313-1450.
(iii) Solicitor, in general. Correspondence to the Office of the
Solicitor not otherwise provided for shall be addressed to: Mail Stop
8, Office of the Solicitor, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, Virginia 22313-1450.
* * * * *
PART 102--DISCLOSURE OF GOVERNMENT INFORMATION
0
3. The authority citation for 37 CFR part 102 continues to read as
follows:
Authority: 5 U.S.C. 552; 5 U.S.C. 552a; 5 U.S.C. 553; 31 U.S.C.
3717; 35 U.S.C. 2(b)(2), 21, 41, 42, 122; 44 U.S.C. 3101.
0
4. Section 102.2 is amended by revising paragraph (a) to read as
follows:
Sec. 102.2 Public reference facilities.
(a) USPTO maintains a public reference facility that contains the
records FOIA requires to be made regularly available for public
inspection and copying; furnishes information and otherwise assists the
public concerning USPTO operations under FOIA; and receives and
processes requests for records under FOIA. The FOIA Officer is
responsible for determining which of USPTO's records are required to be
made available for public inspection and copying, and for making those
records available in USPTO's reference and records inspection facility.
The FOIA Officer shall maintain and make available for public
inspection and copying a current subject-matter index of USPTO's public
inspection facility records. Each index shall be updated regularly, at
least quarterly, with respect to newly included records. In accordance
with 5 U.S.C. 552(a)(2), USPTO has determined that it is unnecessary
and impracticable to publish quarterly, or more frequently, and
distribute copies of the index and supplements thereto. The public
reference facility is located in the Public Search Room, Madison
Building East, First Floor, 600 Dulany Street, Alexandria, Virginia.
* * * * *
PART 104--LEGAL PROCESSES
0
5. The authority citation for 37 CFR part 104 continues to read as
follows: 35 U.S.C. 2(b)(2), 10, 23, 25; 44 U.S.C. 3101.
0
6. Section 104.2 is amended by revising paragraph (a) to read as
follows:
Sec. 104.2 Address for mail and service; telephone number.
(a) Mail under this part should be addressed to the Office of the
General Counsel, United States Patent and Trademark Office, P.O. Box
1450, Alexandria, Virginia 22313-1450.
* * * * *
Dated: June 18, 2010.
David J. Kappos,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2010-15469 Filed 6-24-10; 8:45 am]
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