[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
BILLING CODE 3510-16-P