Regulations - Use of Office Records and Search Facilities

(189)            Regulations Relating to the Use of Patent and
                 Trademark Office Records or Search Facilities
                          and Enforcement Procedures 

Agency: Patent and Trademark Office, Department of Commerce
Action: Notice
Summary: The Patent and Trademark Office is revising its regulations
relating to use of Patent and Trademark Office records or search
facilities and procedures for enforcing these regulations. These
regulations and their enforcement are necessary to promote an atmosphere
conducive to research and to maintain the integrity of the files and
records in the Patent and Trademark Office.
Effective Date: July 1, 1987
For Further Information Contact: Theresa A. Brelsford, Assistant
Commissioner for Administration, Patent and Trademark Office,
Washington, D.C. 20231, (703) 557-2290.
Supplementary Information: The procedures will apply to all visitors to
the Patent and Trademark Office.
   Visitors are reminded that unauthorized removal of government
material or property may be prosecuted as a criminal felony under the
provisions of 18 U.S.C. 2071, in addition to the imposition of
administrative sanctions contained in these procedures.

                 Regulations Relating to the Use of Patent and
                 Trademark Office Records or Search Facilities

These regulations are established for all persons using the facilities
of the Patent and Trademark Office (PTO), and will be appropriately
enforced as specified herein.
   Smoking within PTO is prohibited except in designated areas (41 CFR
101-20.109-10).
   All persons using the facilities of the PTO are subject to
regulations governing conduct on property under the charge of the
General Services Administration which appear in 41 CFR Subpart 101-20.3
(41 CFR      101-20.300 through 101-20.315).
   Packages, briefcases and other personal effects brought into the PTO,
as well as storage lockers provided for general use, are subject to
search by authorized personnel for reasonable cause under the provisions
of 41 CFR 101-20.301.
   Unauthorized removal of PTO files, documents, reference materials, or
any government property is prohibited. In addition to the administrative
sanctions specified in these regulations, violators may also be subject
to arrest and prosecution under the provisions of 18 U.S.C. 2071 which
carries a possible "fine of $2,000 or imprisonment for not more than
three years, or both", and/or the violator may be subject to discipline
under the PTO Code of Professional Responsibility if he or she is a
practitioner as defined in 37 CFR 10.1(r).
   All persons must comply with posted Official Notices and with verbal
requests made by PTO personnel for compliance with these regulations.

1. User Passes
a. Individuals visiting any area of the PTO must obtain a
valid, non-transferable user pass and wear it visibly displayed at all
times while on the premises.
b. Permanent User Passes may be
obtained from the Manager of the Patent Public Search Room. The first
Permanent User Pass is issued at no charge. Permanent User Passes
subsequently issued as replacements will be provided at a charge of
$5.00 per Pass. The holder of a Permanent User Pass may be issued one
(1) Temporary User Pass, within a ninety (90) day period at no charge. A
request for a second Temporary User Pass during the same ninety day
period will require the purchase of a Permanent User Pass at the
required replacement fee.
c. Temporary User Passes may be
obtained by visitors at no charge from the managers of the Patent or
Trademark Public Search Rooms and are valid through the expiration date
stamped thereon.
d. Permanent and Temporary User Passes must be
surrendered to the PTO upon request for cause.

2. Use of Search Areas
a. The Patent and Trademark Office facilities may be used by
visitors only during the hours specified, Monday through Friday, and are
closed to the public on Saturdays, Sundays and Legal Holidays:

Patent Public Search Rm.,
Mezzanine and Microfilm
Center                                                8:00 a.m.-8:00 p.m.*
Trademark Public Search Rm                            8:00 a.m.-5:30 p.m.*
Assignment Search Rm.,
Public Service Center, and Scientific
Library                                               8:30 a.m.-5:00 p.m.*
Patent Examining Organizations
Trademark Examining
Law Offices and all other public access areas of the 
PTO                                                   8:30 a.m.-5:00 p.m.*

* Clearing of these areas would begin prior to this time to ensure all
visitors are out of the building by the time designated.

b. Materials available for search purposes in the Patent and
Assignment Search Rooms and patent application file histories shall not
be removed from those areas.

c. Trademark registrations in the Trademark Search Library shall not be 
removed from the secured bundles in the registered file. Photocopying 
from bound volumes of trademarks is prohibited.

d. Trademark files shall not be removed from PTO space in Crystal Plz. 
Bldg. 2. 

e. Use of Patent Examining Group search areas is strictly limited to 
searching materials unavailable in the Patent Public Search Room or the 
Scientific Library. Examining Group search areas may be used only when 
such use does not conflict with the regular business of the organization.

f. Visitors to a Patent Examining Group Search Area must register with 
the designated Group Search Area representative indicating the times 
entering and leaving the area, User Pass number, and the class(es) and 
subclass(es) to be searched.

g. Documents removed from the files of Patent Examining
Group search areas must be immediately returned to their proper location
after use. Documents shall not be removed from the area in which they
were obtained without specific written authorization from a Group
Director or Supervisory Patent Examiner in the Examining Group where the
material(s) reside. Such authorization will not be given for U.S.
Patents and other material readily available through the Scientific
Library.

3. PROHIBITIONS
The following are prohibited:

a. Conduct which is rude or abusive to PTO employees or others.

b. Smoking and consumption of food or beverages in other than designated 
areas.

c. Loud talking or any conduct which may be disruptive to others.

d. Use of radios, televisions, typewriters, photographic equipment, 
dictation equipment and other mechanical, electrical or electronic items 
without specific authorization from an Assistant Commissioner of the PTO.

e. Improper use, mutilation, destruction or unauthorized removal of PTO 
records, documents or government property.

f. Reserving seats or work areas.

g. Affixing messages to walls, telephone booths or other government 
property, except designated message boards.

h. Use of the PTO as a mailing address, use of PTO stationery, and use of 
PTO emblem or seal.

i. Use of PTO telephones and other office equipment, such as copiers, 
etc., except where specifically provided for public use. This includes 
the use of PTO telephones to receive incoming calls.

j. Use of any computer terminal other than the TRAM terminals provided 
for public use in the Trademark Search Library, and the CASPIR and 
FOUR-PHASE terminals (or CASSIS terminal if the FOUR-PHASE terminals are 
not operating) provided in the Patent Public Search Room for public use.

k. Placing PTO files or documents, government property or government 
owned reference materials in rental storage lockers.

l. Use of rental storage lockers without depositing the required fee or 
holding the key to a storage locker beyond the specified maximum period 
of use.

                                 [1079 TMOG 7]