(128) DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Parts 1, 102, 104, and 150
Docket No. 2005-C-054
RIN 0651-AB86
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 in
the process of completing its move to Alexandria, Virginia. The Office
is revising the rules of practice to update the locations and telephone
numbers specified in the rules in light of the move to Alexandria,
Virginia.
DATES: Effective Date: March 4, 2005.
FOR FURTHER INFORMATION CONTACT: Jennifer M. Simmons, Office of the
General Counsel, Office of General Law, by telephone at 571-272-3000.
SUPPLEMENTARY INFORMATION: The Office is in the process of completing
its move to Alexandria, Virginia. The Public Search Room, and the
Office of the General Counsel are now currently located in the Office's
Alexandria, Virginia, campus. The Office is revising the rules of
practice to update the references therein to the physical location of
the Public Search Room and the Office of the General Counsel, and the
telephone number of the Office of the General Counsel.
Discussion of Specific Rules
Title 37 of the Code of Federal Regulations, is amended as follows:
Part 1: Sections 1.821 and 1.822 are amended.
Part 102: Sections 102.1, 102.22, and 102.23 are amended to change
the address for hand-delivery or in-person inquiry to "10B20, Madison
Building East, 600 Dulany Street, Alexandria, Virginia."
Part 104: Section 104.1 is amended to: (1) Change the address for
service by hand to "the Office of the General Counsel, 10B20, Madison
Building East, 600 Dulany Street, Alexandria, Virginia"; and (2)
change the telephone number to 571-272-7000.
Part 150: Section 150.6 is amended to change the address to: Mail
Stop Congressional Relations, Director of the United States Patent and
Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.
Classification
Administrative Procedure Act
Since this final rule is directed to changing Office addresses and
telephone numbers, 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
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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.
List of Subjects
37 CFR Part 1
Administrative practice and procedure, Courts, Inventions and
patents, Reporting and recordkeeping requirements, Small Businesses.
37 CFR Part 102
Administrative practice and procedure, Freedom of information,
Privacy, Public information.
37 CFR Part 104
Administrative practice and procedure, Claims, Courts, Freedom of
information, Inventions and patents, Tort claims, Trademarks.
37 CFR Part 150
Administrative practice and procedure, Authority delegations, Mask
works, Science and technology, Semiconductor chip products.
. For the reasons set forth in the preamble, 37 CFR Parts 1, 102, 104,
and 150 are amended as follows:
PART 1 - RULES OF PRACTICE IN PATENT CASES
. 1. The authority citation for 37 CFR Part 1 continues to read as
follows:
Authority: 35 U.S.C. 2(b)(2).
. 2. Section 1.821 is amended by revising the introductory text of
paragraph (a) to read as follows:
Sec. 1.821 Nucleotide and/or amino acid sequence disclosures in
patent applications.
(a) Nucleotide and/or amino acid sequences as used in Secs.
1.821 through 1.825 are interpreted to mean an unbranched sequence of
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four or more amino acids or an unbranched sequence of ten or more
nucleotides. Branched sequences are specifically excluded from this
definition. Sequences with fewer than four specifically defined
nucleotides or amino acids are specifically excluded from this section.
"Specifically defined" means those amino acids other than "Xaa" and
those nucleotide bases other than "n" defined in accordance with the
World Intellectual Property Organization (WIPO) Handbook on Industrial
Property Information and Documentation, Standard ST.25: Standard for
the Presentation of Nucleotide and Amino Acid Sequence Listings in
Patent Applications (1998), including Tables 1 through 6 in Appendix 2,
herein incorporated by reference. (Hereinafter "WIPO Standard ST.25
(1998)"). This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies of WIPO Standard ST.25 (1998) may be obtained from the
World Intellectual Property Organization; 34 chemin des Colombettes;
1211 Geneva 20 Switzerland. Copies may also be inspected at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
Nucleotides and amino acids are further defined as follows:
* * * * *
. 3. Section 1.822 is amended by revising paragraph (b) to read as
follows:
Sec. 1.822 Symbols and format to be used for nucleotide and/or amino
acid sequence data.
* * * * *
(b) The code for representing the nucleotide and/or amino acid
sequence characters shall conform to the code set forth in the tables
in WIPO Standard ST.25 (1998), Appendix 2, Tables 1 and 3. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
of ST.25 may be obtained from the World Intellectual Property
Organization; 34 chemin des Colombettes; 1211 Geneva 20 Switzerland.
Copies may also be inspected at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
No code other than that specified in these sections shall be used in
nucleotide and amino acid sequences. A modified base or modified or
unusual amino acid may be presented in a given sequence as the
corresponding unmodified base or amino acid if the modified base or
modified or unusual amino acid is one of those listed in WIPO Standard
ST.25 (1998), Appendix 2, Tables 2 and 4, and the modification is also
set forth in the Feature section. Otherwise, each occurrence of a base
or amino acid not appearing in WIPO Standard ST.25 (1998), Appendix 2,
Tables 1 and 3, shall be listed in a given sequence as "n" or
"Xaa," respectively, with further information, as appropriate, given
in the Feature section, preferably by including one or more feature
keys listed in WIPO Standard ST.25 (1998), Appendix 2, Tables 5 and 6.
* * * * *
PART 102 - DISCLOSURE OF GOVERNMENT INFORMATION
. 4. The authority citation for 37 CFR part 102 continues to read as
follows:
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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.
. 5. Section 102.1 is amended by revising paragraph (b) to read as
follows:
Sec. 102.1 General.
* * * * *
(b) As used in this subpart, FOIA Officer means the USPTO employee
designated to administer FOIA for USPTO. To ensure prompt processing of
a request, correspondence should be addressed to the FOIA Officer,
United States Patent and Trademark Office, P.O. Box 1450, Alexandria,
Virginia 22313-1450, or delivered by hand to 10B20, Madison Building
East, 600 Dulany Street, Alexandria, Virginia.
. 6. Section 102.23 is amended by revising paragraph (a) to read as
follows:
Sec. 102.23 Procedures for making inquiries.
(a) Any individual, regardless of age, who is a citizen of the
United States or an alien lawfully admitted for permanent residence
into the United States may submit an inquiry to USPTO. The inquiry
should be made either in person at 10B20, Madison Building East, 600
Dulany Street, Alexandria, Virginia, or by mail addressed to the
Privacy Officer, United States Patent and Trademark Office, P.O. Box
1450, Alexandria, Virginia 22313-1450, or to the official identified in
the notification procedures paragraph of the systems of records notice
published in the Federal Register. If an individual believes USPTO
maintains a record pertaining to that individual but does not know
which system of records might contain such a record, the USPTO Privacy
Officer will provide assistance in person or by mail.
* * * * *
. 7. Section 102.24 is amended by revising paragraph (a) to read as
follows:
Sec. 102.24 Procedures for making requests for records.
(a) Any individual, regardless of age, who is a citizen of the
United States or an alien lawfully admitted for permanent residence
into the United States may submit a request to the USPTO for access to
records. The request should be made either in person at 10B20, Madison
Building East, 600 Dulany Street, Alexandria, Virginia, or by mail
addressed to the Privacy Officer, United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.
* * * * *
PART 104 - LEGAL PROCESSES
. 8. The authority citation for 37 CFR part 104 continues to read as
follows:
Authority: 35 U.S.C. 2(b)(2), 10, 23, 25; 44 U.S.C. 3101
. 9. Section 104.2 is amended by revising paragraphs (b) and (c) to read
as follows:
Sec. 104.2 Address for mail and service; telephone number.
* * * * *
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(b) Service by hand should be made during business hours to the
Office of the General Counsel, 10B20, Madison Building East, 600 Dulany
Street, Alexandria, Virginia.
(c) The Office of the General Counsel may be reached by telephone
at 571-272-7000 during business hours.
PART 150 - REQUESTS FOR PRESIDENTIAL PROCLAMATIONS PURSUANT TO 17
U.S.C. 902(a)(2)
. 10. The authority citation for 37 CFR part 150 is revised to read as
follows:
Authority: 35 U.S.C. 2(b)(2); E.O. 12504, 50 FR 4849; 3 CFR,
1985 Comp., p. 335.
. 11. Section 150.6 is revised to read as follows:
Sec. 150.6 Mailing address.
Requests and all correspondence pursuant to these guidelines shall
be addressed to: Mail Stop Congressional Relations, Director of the
United States Patent and Trademark Office, P.O. Box 1450, Alexandria,
Virginia 22313-1450.
February 22, 2005 JON W. DUDAS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
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