[Federal Register Volume 78, Number 62 (Monday, April 1, 2013)]
[Notices]
[Pages 19463-19464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-07393]


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DEPARTMENT OF COMMERCE

United States 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-13 Petitioners for License to File for Foreign Patents.'' 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-13 comment'' in the subject line of the message.
     Fax: (571) 273-7728, marked to the attention of Raul 
Tamayo.
     Mail: Raul Tamayo, Office of Patent Legal Administration, 
Office of the Deputy Commissioner for Patent Examination Policy, 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: Raul Tamayo, Office of Patent Legal 
Administration, Office of the Deputy Commissioner for Patent 
Examination Policy, United States Patent and Trademark Office, P.O. Box 
1450, Alexandria, VA 22313-1450, (571) 272-7728.

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 patent applicants and their authorized 
representatives who request a license to file a patent application in a 
foreign country. The Privacy Act notice is being updated with the 
current address and departmental information for the system location 
and system manager. The routine uses of records maintained in the 
system have 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 
descriptions of storage, retrievability, and safeguards have been 
revised to reflect current database practices. 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-13 Petitioners for License to File for Foreign Patents,'' is 
published in its entirety below.
COMMERCE/PAT-TM-13

System name:
    Petitioners for License to File for Foreign Patents.

Security classification:
    Unclassified.

System location:
    Patent Examining Operation, Technology Center 3600, United States 
Patent and Trademark Office, 501 Dulany Street, Alexandria, VA 22314.

Categories of individuals covered by the system:
    Petitioners for license to file a patent application in any foreign 
country.

Categories of records in the system:
    Petitioner's name, address, and description of subject matter, or, 
where a corresponding U.S. application has been filed, identification 
of applicant, application serial number, filing date, title to 
invention, applicant's address and addresses of applicant's duly 
appointed representatives.

Authority for maintenance of the system:
    35 U.S.C. 1, 6, and 184.

Purpose(s):
    To carry out the duties of the USPTO to grant and issue patents, 
including the requirements for authorizing the filing of a patent 
application in a foreign country under 35 U.S.C. 184.
    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

[[Page 19464]]

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 United States Patent and Trademark Office, 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 United States Patent and Trademark 
Office employees.
    (4) Routine uses will also include the Prefatory Statement of 
General Routine Uses Nos. 1-5, 8-10, and 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 and electronic storage media.

Retrievability:
    By number assigned (called P or R number) or by serial number, 
title of invention, applicant information or docket number, if any. 
Records are stored in a searchable database.

Safeguards:
    Buildings employ security guards. Records are maintained in areas 
accessible only to authorized personnel who are properly screened, 
cleared, and trained. Where information is retrievable by computer, all 
safeguards appropriate to secure the system (hardware and software) are 
utilized.

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

System manager(s) and address:
    Director, Patent Examining Technology Center 3600, 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 serial number or P number, 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 individuals or their duly appointed representatives.

Exemptions claimed for the system:
    None.

    Dated: March 26, 2013.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2013-07393 Filed 3-29-13; 8:45 am]
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