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System of Records Notices - COMMERCE-PAT-TM-23

Effective Date: April 20, 2009

SYSTEM NAME:

User Access for Web Portals and Information Requests.

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATIONS:

United States Patent and Trademark Office, 600 Dulany Street, Alexandria, VA 22314. Records may be located within several business units, including but not limited to the offices under the Commissioner for Patents, Commissioner for Trademarks, General Counsel, Chief Administrative Officer, Chief Financial Officer, and the Chief Information Officer.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals who request information from the USPTO, including requests related to access to electronic portals, records, subscription services, and collaborative tools designed to disseminate information to the public.

CATEGORIES OF RECORDS IN THE SYSTEM:

Records compiled to respond to requests for information, including the name of the requester or subscriber, nature of request, deposit account number or other account tracking number, name of organization, physical mailing address, telephone number, and electronic mail address.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301, 5 U.S.C. 552, 35 U.S.C. 2, 35 U.S.C. 41, and 44 U.S.C. 3101.

PURPOSES:

The information in this system of records is used to disseminate information to customers who have registered for access to information available through electronic means, such as web portals, subscribed to news updates or other information alerts, or have otherwise provided contact information in order to access or receive information from the USPTO.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSES OF SUCH USES:

See Prefatory Statement of General Routine Uses Nos. 4-5, 9-10, and 13, as found at 46 FR 63501-63502 (December 31, 1981):

4. A record from this system of records may be disclosed, as a routine use, in the course of presenting evidence to a court, magistrate or administrative tribunal, including disclosures to opposing counsel in the course of settlement negotiations.

5. A record in this system of records may be disclosed, as a routine use, to a Member of Congress submitting a request involving an individual when the individual has requested assistance from the Member with respect to the subject matter of the record.

9. A record in this system of records may be disclosed, as a routine use, to the Department of Justice in connection with determining whether disclosure thereof is required by the Freedom of Information Act (5 U.S.C. 552).

10. A record in this system of records may be disclosed, as a routine use, to a contractor of the Department having need for the information in the performance of the contract, but not operating a system of records within the meaning of 5 U.S.C. 552a(m).

13. A record from this system of records may be disclosed, as a routine use, to the Administrator, General Services Administration (GSA), or his designee, during an inspection of records conducted by GSA as part of that agency's responsibility to recommend improvements in records management practices and programs, under authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in accordance with the GSA regulations governing inspection of records for this purpose, and any other relevant (i.e. GSA or Commerce) directive. Such disclosure shall not be used to make determinations about individuals.

The USPTO may use the information contained in this system of records to disseminate patent and trademark business information to customers or to provide customers with access to patent and trademark business information at their request.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

Not applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Electronic records in a computer database stored on magnetic storage media, or paper records.

RETRIEVABILITY:

Records may be retrieved by specific data elements, including the account or tracking number, name of the requester, name of organization, subject or type of request, and address.

SAFEGUARDS:

Databases are password-protected and can only be accessed by authorized personnel. Records are maintained in areas accessible only to authorized personnel in buildings protected by security guards.

RETENTION AND DISPOSAL:

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

SYSTEM MANAGER(S) AND ADDRESS:

Each business unit within the USPTO is responsible for the data maintained for their business needs related to communication with individuals. Business units include but are not limited to the offices under the Commissioner for Patents, Commissioner for Trademarks, General Counsel, Chief Administrative Officer, Chief Financial Officer, and the Chief Information Officer. Inquiries may be addressed to: System Manager, (Name of business unit), 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 appropriate System Manager at the address above. When requesting notification of or access to records covered by this notice, requesters should provide their name and electronic mail address in accordance with the inquiry provisions 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 and those authorized by the individual to furnish information.

SYSTEM EXEMPTIONS FROM CERTAIN PROVISIONS OF THE ACT:

None.

FEDERAL REGISTER HISTORY:
74 FR 11919 March 20, 2009 Notice of Proposed New Privacy Act System of Records