| Address and USPTO Organization Information |
Referenced Items (1, 2, 3, 4, 5) |
(1) DEPARTMENT OF COMMERCE
United States Patent and Trademark Office
37 CFR Parts 1, 102 and 104
[Docket No. PTO-C-2006-0049]
RIN 0651-AC08
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
revising the rules of practice to update the service addresses for
certain correspondence to the Office of the General Counsel (OGC) and a
component of OGC, the Office of the Deputy General Counsel for
Intellectual Property Law and Solicitor (Office of the Solicitor). The
Office is also updating the physical location address for the Public
Search Room.
DATES: Effective Date: The changes in this final rule are effective on
June 25, 2010.
Compliance Date: The compliance date for correspondence to the
Office of the General Counsel and the Office of the Solicitor is July
26, 2010.
FOR FURTHER INFORMATION CONTACT: Kyu S. Lee, Office of the General Counsel,
Office of General Law, by telephone at 571-272-3000.
SUPPLEMENTARY INFORMATION: The United States Patent and Trademark Office
(Office) is revising the rules of practice to update the service addresses
for certain correspondence to the Office of the General Counsel (OGC) and a
component of OGC, the Office of the Deputy General Counsel for Intellectual
Property Law and Solicitor (Office of the Solicitor). The Office no longer
has facilities in the Crystal City (Arlington, Virginia) location.
Accordingly, revised service addresses for certain correspondence to the
Office of the General Counsel and the Office of the Solicitor have been
established at the Office's Alexandria, Virginia location. Although the
effective date of the address change is June 25, 2010, both the Arlington,
Virginia and Alexandria, Virginia addresses may be used until July 26, 2010.
However, after July 26, 2010, only the revised address in Alexandria,
Virginia may be used. Appropriate sections of the Office's Manual of Patent
Examining Procedure (MPEP) will be revised to conform to the final rule.
The Office of the Deputy General Counsel for Intellectual Property Law and
Solicitor: Specifically, the Office is changing the mailing address for
correspondence to counsel for the Director of the Office of Enrollment and
Discipline relating to disciplinary proceedings pending before a Hearing
Officer or the Director from Arlington, Virginia to Alexandria, Virginia.
The Office is also amending the mailing address for general correspondence
to the Office of the Solicitor, by specifically adding the Office of the
Solicitor as the addressee.
Public Search Room: The physical address for the Public Search Room is
being updated to reflect that it is located at the Office's Alexandria,
Virginia campus and is no longer in Arlington, Virginia.
The Office of the General Counsel: The Office is changing the Office of
the General Counsel's mailing address for litigation and service from
Arlington, Virginia to Alexandria, Virginia.
Discussion of Specific Rules
Title 37 of the Code of Federal Regulations, is amended as follows:
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Part 1: Section 1.1 is amended to: (1) Change the Office of the
Solicitor's address for correspondence to counsel for disciplinary
proceedings to "Mail Stop 8, Office of the Solicitor, United States
Patent and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-
1450"; and (2) change the Office of the Solicitor's address for general
correspondence to "Mail Stop 8, Office of the Solicitor, United States Patent
and Trademark Office, P.O. Box 1450, Alexandria, Virginia 22313-1450."
Part 102: Section 102.2 is amended to change the location address for the
Public Search Room to "Public Search Room, Madison Building East, First Floor,
600 Dulany Street, Alexandria, Virginia."
Part 104: Section 104.2 is amended to: (1) Change the mailing address to
"Office of the General Counsel, United States Patent and Trademark Office,
P.O. Box 1450, Alexandria, Virginia 22313-1450."
Rulemaking Considerations
Administrative Procedure Act: Since this final rule is directed to
changing Office addresses, 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 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.
Congressional Review Act: Under the Congressional Review Act provisions of
the Small Business Regulatory Enforcement Fairness Act of 1996 (5 U.S.C. 801
et seq.), prior to issuing any final rule, the USPTO will submit a report
containing the final rule and other required information to the United States
Senate, the United States House of Representatives, and the Comptroller
General of the Government Accountability Office. However, this action is not
a major rule as defined by 5 U.S.C. 804(2).
List of Subjects
37 CFR Part 1
Administrative practice and procedure, Courts, Freedom of information,
Inventions and patents, Reporting and record keeping requirements, Small
businesses.
37 CFR Part 102
Administrative practice and procedure, Freedom of information, Privacy.
37 CFR Part 104
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Administrative practice and procedure, Claims, Courts, Freedom of
information, Inventions and patents, Trademarks.
. For the reasons set forth in the preamble, 37 CFR Parts 1, 102 and 104
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 1.1 is amended by revising paragraphs (a)(3)(ii) and (a)(3)(iii)
to read as follows:
§ 1.1 Addresses for non-trademark correspondence with the United States
Patent and Trademark Office.
(a) * * *
(3) * * *
(ii) Disciplinary proceedings. Correspondence to counsel for the Director
of the Office of Enrollment and Discipline relating to disciplinary
proceedings pending before a Hearing Officer or the Director shall be mailed
to: Mail Stop 8, Office of the Solicitor, United States Patent and Trademark
Office, P.O. Box 1450, Alexandria, Virginia 22313-1450.
(iii) Solicitor, in general. Correspondence to the Office of the Solicitor
not otherwise provided for shall be addressed to: Mail Stop 8, Office of the
Solicitor, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, Virginia 22313-1450.
* * * * *
PART 102 - DISCLOSURE OF GOVERNMENT INFORMATION
. 3. The authority citation for 37 CFR part 102 continues to read as follows:
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.
. 4. Section 102.2 is amended by revising paragraph (a) to read as follows:
§ 102.2 Public reference facilities.
(a) USPTO maintains a public reference facility that contains the
records FOIA requires to be made regularly available for public inspection
and copying; furnishes information and otherwise assists the public concerning
USPTO operations under FOIA; and receives and processes requests for records
under FOIA. The FOIA Officer is responsible for determining which of USPTO's
records are required to be made available for public inspection and copying,
and for making those records available in USPTO's reference and records
inspection facility. The FOIA Officer shall maintain and make available for
public inspection and copying a current subject-matter index of USPTO's public
inspection facility records. Each index shall be updated regularly, at least
quarterly, with respect to newly included records. In accordance with 5 U.S.C.
552(a)(2), USPTO has determined that it is unnecessary and impracticable to
publish quarterly, or more frequently, and distribute copies of the index and
supplements thereto. The public reference facility is located in the Public
Search Room, Madison Building East, First Floor, 600 Dulany Street,
Alexandria, Virginia.
* * * * *
PART 104 - LEGAL PROCESSES
. 5. The authority citation for 37 CFR part 104 continues to read as follows:
35 U.S.C. 2(b)(2), 10, 23, 25; 44 U.S.C. 3101.
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. 6. Section 104.2 is amended by revising paragraph (a) to read as follows:
§ 104.2 Address for mail and service; telephone number.
(a) Mail under this part should be addressed to the Office of the
General Counsel, United States Patent and Trademark Office, P.O. Box 1450,
Alexandria, Virginia 22313-1450.
* * * * *
June 18, 2010 DAVID J. KAPPOS
Under Secretary of Commerce for
Intellectual Property and Director of the
United States Patent and Trademark Office
[1356 OG 176]