Privacy Act of 1974; System of Records, 19246-19247 [2013-07377]
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19246
Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Notices
DEPARTMENT OF COMMERCE
United States Patent and Trademark
Office
Privacy Act of 1974; System of
Records
United States Patent and
Trademark Office, Commerce.
ACTION: Notice of amendment of Privacy
Act system of records.
AGENCY:
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–8 Patent Application Secrecy
Order 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 April 29, 2013.
The amendments will become effective
as proposed on April 29, 2013, unless
the USPTO receives comments that
would result in a contrary
determination.
You may submit written
comments by any of the following
methods:
• Email: Raul.Tamayo@uspto.gov.
Include ‘‘Privacy Act PAT–TM–8
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: https://
www.regulations.gov.
All comments received will be available
for public inspection at the Federal
rulemaking portal located at
www.regulations.gov.
ADDRESSES:
mstockstill on DSK4VPTVN1PROD with NOTICES
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 for
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applications that may fall under the
secrecy provisions of 35 U.S.C. 181
through 183. 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 rule references for
the notification procedure, contesting
record procedures, and exemptions 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–
8 Patent Application Secrecy Order
Files,’’ is published in its entirety
below.
COMMERCE/PAT–TM–8
SYSTEM NAME:
Patent Application Secrecy Order
Files.
SECURITY CLASSIFICATION:
Classified and 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:
Applicants including inventors, legal
representatives for deceased or
incapacitated inventors, and other
persons authorized by law to make
applications for patent.
CATEGORIES OF RECORDS IN THE SYSTEM:
Identification of patent application
and applicant including application
serial number, filing date, title of
invention, applicant’s or inventor’s
address and addresses of applicant’s
duly appointed representatives.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
35 U.S.C. 1, 6, and 181 through 183.
PURPOSE(S):
To carry out the duties of the USPTO
under 35 U.S.C. 181 through 183
regarding the disclosure or publication
of applications or patents that may be
detrimental to national security.
Routine uses of records maintained in
the system, including categories of users
and the purposes of such uses:
(1) Referral to authorized Government
agencies under 35 U.S.C. 181 for
determination of the requirement for a
secrecy order, and notification of the
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applicant or his duly appointed
representative of such secrecy order.
(2) 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).
(3) 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.
(4) 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.
(5) Routine uses will also include the
Prefatory Statement of General Routine
Uses Nos. 1–5 and 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 records in file folders.
RETRIEVABILITY:
Filed by application serial number,
cross-indexed to name of applicant.
SAFEGUARDS:
Buildings employ security guards.
Records are stored in a locked vault and
maintained in areas accessible only to
authorized personnel who are properly
screened, cleared, and trained.
RETENTION AND DISPOSAL:
Records retention and disposal is in
accordance with the series records
schedules.
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Federal Register / Vol. 78, No. 61 / Friday, March 29, 2013 / Notices
SYSTEM MANAGER(S) AND ADDRESS:
DEPARTMENT OF COMMERCE
Director, Patent Examining
Technology Center 3600, United States
Patent and Trademark Office, 501
Dulany Street, Alexandria, VA 22314.
United States Patent and Trademark
Office
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 social security
or Patent 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 applicants or their
representatives and authorized
representatives of the Department of
Energy, the Secretary of Defense, and
the Chief Officer of any other
department or agency of the
Government designated by the President
as a defense agency of the United States.
mstockstill on DSK4VPTVN1PROD with NOTICES
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(1), these
records, since they relate to
determinations pertinent to secrecy
orders pursuant to 35 U.S.C. 181 or to
security classification pursuant to E.O.
12065 or the Atomic Energy Act of 1954
are exempted from the notification,
access, and contest requirements of the
agency procedures (under 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and
(I), and (f)). This exemption is made to
prevent disclosure of information which
might be detrimental to national
security and in accordance with agency
rules, which appear in 37 CFR part 102
subpart B.
Dated: March 26, 2013.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief
Information Officer.
[FR Doc. 2013–07377 Filed 3–28–13; 8:45 am]
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Privacy Act of 1974; System of
Records
United States Patent and
Trademark Office, Commerce.
ACTION: Notice of amendment of Privacy
Act system of records.
AGENCY:
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–6 Parties Involved in Patent
Interference Proceedings.’’ This action is
being taken to update the Privacy Act
notice. We invite the public to comment
on the amendments noted in this
publication.
Written comments must be
received no later than April 29, 2013.
The amendments will become effective
as proposed on April 29, 2013, unless
the USPTO receives comments that
would result in a contrary
determination.
DATES:
You may submit written
comments by any of the following
methods:
• Email: Kurt.Brown@uspto.gov.
Include ‘‘Privacy Act PAT–TM–6
comment’’ in the subject line of the
message.
• Fax: (571) 273–0053, marked to the
attention of Kurt Brown.
• Mail: Kurt Brown, Patent Trial and
Appeal Board, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
• Federal Rulemaking Portal: https://
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: Kurt
Brown, Patent Trial and Appeal Board,
United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, VA
22313–1450, (571) 272–5356.
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
patentees who become involved in a
conflict involving the question of
priority of invention. The Privacy Act
notice is being updated with the current
information for the system location and
ADDRESSES:
PO 00000
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Fmt 4703
Sfmt 4703
19247
system manager. The description of the
routine uses of records maintained in
the system has been revised to clarify
which records may be open to public
inspection and 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 storage and
safeguard information has been updated
to include electronic records. The
description of retrievability has been
revised to clarify that records may be
indexed by the names of applicants or
patentees, but not witnesses. The rule
references for the notification
procedure, contesting record
procedures, and exemptions 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–
6 Parties Involved in Patent Interference
Proceedings,’’ is published in its
entirety below.
COMMERCE/PAT–TM–6
SYSTEM NAME:
Parties Involved in Patent Interference
Proceedings.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Patent Trial and Appeal Board,
United States Patent and Trademark
Office, Madison East, 600 Dulany Street,
Alexandria, Virginia 22314.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Applicants for patent and patentees
who become involved in a conflict
involving the question of priority of
invention.
CATEGORIES OF RECORDS IN THE SYSTEM:
All records relating to the declaration,
conduct, and termination of interference
proceedings, including, but not limited
to: Preliminary statements, motions,
testimony, and settlement agreements.
The data contained in the records may
include information relating to an
applicant’s, a patentee’s or a witness’s
name, age, citizenship, residence,
educational and work background,
physical and mental health, activities
relating to conception and reduction to
practice of the contested subject matter,
and other matters which may arise
during the conduct of the interference
proceeding or in connection with any
agreements made by the parties relative
to the interference proceeding.
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]]>Agencies
[Federal Register Volume 78, Number 61 (Friday, March 29, 2013)]
[Notices]
[Pages 19246-19247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07377]
[[Page 19246]]
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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.
-----------------------------------------------------------------------
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-8 Patent Application Secrecy Order 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 April 29, 2013.
The amendments will become effective as proposed on April 29, 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: Raul.Tamayo@uspto.gov. Include ``Privacy Act PAT-
TM-8 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: https://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 for applications that may fall under the secrecy
provisions of 35 U.S.C. 181 through 183. 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 rule references for the notification procedure,
contesting record procedures, and exemptions 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-8 Patent Application Secrecy Order Files,'' is published in its
entirety below.
COMMERCE/PAT-TM-8
System name:
Patent Application Secrecy Order Files.
Security classification:
Classified and 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:
Applicants including inventors, legal representatives for deceased
or incapacitated inventors, and other persons authorized by law to make
applications for patent.
Categories of records in the system:
Identification of patent application and applicant including
application serial number, filing date, title of invention, applicant's
or inventor's address and addresses of applicant's duly appointed
representatives.
Authority for maintenance of the system:
35 U.S.C. 1, 6, and 181 through 183.
Purpose(s):
To carry out the duties of the USPTO under 35 U.S.C. 181 through
183 regarding the disclosure or publication of applications or patents
that may be detrimental to national security.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
(1) Referral to authorized Government agencies under 35 U.S.C. 181
for determination of the requirement for a secrecy order, and
notification of the applicant or his duly appointed representative of
such secrecy order.
(2) 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).
(3) 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.
(4) 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.
(5) Routine uses will also include the Prefatory Statement of
General Routine Uses Nos. 1-5 and 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 records in file folders.
Retrievability:
Filed by application serial number, cross-indexed to name of
applicant.
Safeguards:
Buildings employ security guards. Records are stored in a locked
vault and maintained in areas accessible only to authorized personnel
who are properly screened, cleared, and trained.
Retention and disposal:
Records retention and disposal is in accordance with the series
records schedules.
[[Page 19247]]
System manager(s) and address:
Director, Patent Examining Technology Center 3600, United States
Patent and Trademark Office, 501 Dulany Street, Alexandria, VA 22314.
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 social security or Patent 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 applicants or their representatives and authorized
representatives of the Department of Energy, the Secretary of Defense,
and the Chief Officer of any other department or agency of the
Government designated by the President as a defense agency of the
United States.
Exemptions claimed for the system:
Pursuant to 5 U.S.C. 552a(k)(1), these records, since they relate
to determinations pertinent to secrecy orders pursuant to 35 U.S.C. 181
or to security classification pursuant to E.O. 12065 or the Atomic
Energy Act of 1954 are exempted from the notification, access, and
contest requirements of the agency procedures (under 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f)). This
exemption is made to prevent disclosure of information which might be
detrimental to national security and in accordance with agency rules,
which appear in 37 CFR part 102 subpart B.
Dated: March 26, 2013.
Susan K. Fawcett,
Records Officer, USPTO, Office of the Chief Information Officer.
[FR Doc. 2013-07377 Filed 3-28-13; 8:45 am]
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