[Federal Register Volume 78, Number 62 (Monday, April 1, 2013)]
[Notices]
[Pages 19462-19463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07390]


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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 currently listed under ``COMMERCE/
PAT-TM-11 Patent Examiner Testimony Files.'' 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 May 1, 2013. The 
amendments will become effective as proposed on May 1, 2013, unless the 
USPTO receives comments that would result in a contrary determination.

ADDRESSES: You may submit written comments by any of the following 
methods:
     Email: [email protected]. Include ``Privacy Act PAT-
TM-11 comment'' in the subject line of the message.
     Fax: (571) 273-0373, marked to the attention of Monica 
Lateef.
     Mail: Monica Lateef, Office of the Solicitor, United 
States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 
22313-1450.
     Federal Rulemaking Portal: http://www.regulations.gov.
    All comments received will be available for public inspection at 
the Federal rulemaking portal located at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Monica Lateef, Office of the 
Solicitor, United States Patent and Trademark Office, P.O. Box 1450, 
Alexandria, VA 22313-1450, (571) 272-3000.

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 related to testimony that may be given by current 
and former USPTO employees in accordance with 37 CFR part 104, 15 CFR 
part 15, and the Manual of Patent Examining Procedure (MPEP) Chapter 
1700. The Privacy Act notice is being updated with the current address 
information for the system location and system manager. The description 
of the routine uses of records maintained in the system has been 
updated to include use in law enforcement, audits and oversight 
activities, and distribution to contractors, all uses commonly 
published in other agency system of records notices. The rule 
references for the notification procedure and contesting record 
procedures have been updated to correspond to the current statutes and 
rules for those items as related to the USPTO.
    The amended Privacy Act system of records notice, ``COMMERCE/PAT-
TM-11 Patent Examiner Testimony Files,'' is published in its entirety 
below.
COMMERCE/PAT-TM-11

System name:
    Patent Examiner Testimony Files.

Security classification:
    Unclassified.

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

Categories of individuals covered by the system:
    Employees and former employees who have testified in person or 
through deposition in court actions, in accordance with 37 CFR part 
104, 15 CFR part 15, and the Manual of Patent Examining Procedure 
(MPEP) Chapter 1700, while employed by the USPTO, or who have been 
interviewed to determine whether such testimony will be taken.

Categories of records in the system:
    Name, address, employment status, education, work experience, and 
other matters which might be raised in the course of a deposition or 
other testimony.

Authority for maintenance of the system:
    35 U.S.C. 1 and 6; 5 U.S.C. 301.

Purpose(s):
    To maintain records related to current and former USPTO employees 
who may provide testimony, in accordance with 37 CFR part 104, 15 CFR 
part 15, and the Manual of Patent Examining Procedure (MPEP) Chapter 
1700, while employed by the agency.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    (1) Routine uses will include disclosure for law enforcement 
purposes to the appropriate agency or other authority, whether federal, 
state, local, foreign, international or tribal, charged with the 
responsibility of enforcing, investigating, or prosecuting a violation 
of any law, rule, regulation, or order in any case in which there is an 
indication of a violation or potential violation of law (civil, 
criminal, or regulatory in nature).
    (2) Routine uses will include disclosure to an agency, 
organization, or individual for the purpose of performing audit or 
oversight operations as authorized by law, but only such information as 
is necessary and relevant to such audit or oversight function.
    (3) Routine uses will include disclosure to contractors and their 
agents, grantees, experts, consultants, and others performing or 
working on a contract, service, grant, cooperative agreement, or other 
work assignment for the USPTO, when necessary to accomplish an agency 
function related to this system of records. Individuals provided 
information under this routine use are subject to the same Privacy Act 
requirements and limitations on disclosure as are applicable to the 
USPTO employees.
    (4) Routine uses will also include the Prefatory Statement of 
General Routine Uses Nos.1-5 and 9-13, as found at 46 FR 63501-63502 
(December 31, 1981).

Disclosure to consumer reporting agencies:
    Not applicable.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper copy.

Retrievability:
    Filed alphabetically by name.

Safeguards:
    Buildings employ security guards. Records are maintained in areas 
accessible to authorized personnel who are properly screened, cleared, 
and trained.

[[Page 19463]]

Retention and disposal:
    Records retention and disposal is in accordance with the series 
records schedules.

System manager(s) and address:
    Office of the Solicitor, Mail Stop 8, United States Patent and 
Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

Notification procedure:
    Information about the records contained in this system may be 
obtained by sending a request in writing, signed, to the system manager 
at the address above or to the address provided in 37 CFR part 102 
subpart B for making inquiries about records covered by the Privacy 
Act. Requesters should provide their name, address, and record sought 
(including date(s) of testimony or interview, if known) in accordance 
with the procedures for making inquiries appearing in 37 CFR part 102 
subpart B.

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

Contesting record procedures:
    The general provisions for access, contesting contents, and 
appealing initial determinations by the individual concerned appear in 
37 CFR part 102 subpart B. Requests from individuals should be 
addressed as stated in the notification section above.

Record source categories:
    Subject individual, the individual's co-workers, and those 
authorized by the individual to furnish information.

Exemptions claimed for the system:
    None.

    Dated: March 26, 2013.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2013-07390 Filed 3-29-13; 8:45 am]
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