Patent and Trademark Office Needs To Better Manage Automation of Its Trademark Operations
IMTEC-85-8
Published: Apr 19, 1985. Publicly Released: Apr 19, 1985.
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Highlights
GAO reviewed the automation of trademark operations at the Department of Commerce's Patent and Trademark Office (PTO), focusing on: (1) system user requirements; (2) a 1982 trademark automation cost/benefit analysis; and (3) contracting practices and procedures for acquiring the automated trademark systems.
Recommendations
Matter for Congressional Consideration
| Matter | Status | Comments |
|---|---|---|
| If PTO does not take steps to implement the recommendations regarding exchange agreements, Congress should consider withdrawing the PTO exchange agreement authority for ADP resource acquisitions. | Commerce implemented the exchange agreement recommendations. |
Recommendations for Executive Action
| Agency Affected | Recommendation | Status |
|---|---|---|
| Department of Commerce | To help ensure that automation goals and appropriate procurement practices are met, the Secretary of Commerce should direct the Acting Commissioner of Patents and Trademarks to reanalyze thoroughly the cost benefits of PTO trademark automation activities and ensure that any additional expenditures are justified. This analysis should: (1) include updated cost information estimated according to standard practices; (2) incorporate the views of PTO officials; and (3) include support for the key assumptions. |
In January 1986, PTO completed its revised cost/benefit analysis and included it in its Second Edition, Automation Master Plan.
|
| Department of Commerce | To help ensure that automation goals and appropriate procurement practices are met, the Secretary of Commerce should direct the Acting Commissioner of Patents and Trademarks to review and, if necessary, revise PTO systems specifications to ensure that all key requirements to support the systems' use by PTO personnel and by the public are met. |
Revised system specifications were finished with the completion of two documents: (1) January 1986, Second Edition, Automation Master Plan; and (2) March 1986, Functional Requirements Document.
|
| Department of Commerce | To help ensure that automation goals and appropriate procurement practices are met, the Secretary of Commerce should direct the Acting Commissioner of Patents and Trademarks to make all reasonable efforts to expeditiously and economically acquire unrestricted ownership of the trademark databases obtained through the exchange agreements. |
Commerce implemented the exchange agreement recommendations.
|
| Department of Commerce | To help ensure that automation goals and appropriate procurement practices are met, the Secretary of Commerce should direct the Acting Commissioner of Patents and Trademarks to establish criteria for determining when future ADP resource exchange agreements should be used and develop procedures to ensure that these exchanges comply with applicable federal procurement regulations. Such criteria and procedures should also require that PTO thoroughly analyze the value of future agreements and fully assess their impacts on PTO and the public. |
On October 22, 1985, Commerce's Deputy Secretary established guidelines for PTO to follow.
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| Department of Commerce | To ensure appropriate oversight, the Secretary of Commerce should review and approve PTO responses to the recommendations regarding exchange agreements to ensure that they are properly implemented. |
Commerce implemented the exchange agreement recommendations.
|
| Department of Commerce | Until the Secretary of Commerce is satisfied that PTO has appropriately reanalyzed the costs and benefits of the PTO trademark automation and reviewed the system's specifications, he should require that any significant procurement actions regarding trademark automation efforts, including new procurements as well as modifications to or renewals of existing procurements, undergo departmental review and approval. This should include exchange agreement procurements. |
Commerce implemented the exchange agreement recommendations. In addition, the Office of the Secretary is monitoring PTO automation procurements.
|
| Department of Commerce | The Secretary of Commerce should direct PTO to maintain its manual trademark system until the capabilities of its automated systems are at least equal to the manual system. |
PTO will maintain its paper files in 1986 and has requested funds to maintain them for 1987. Commerce stated that the paper files will be maintained until the user fee issue is resolved.
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Topics
Cost effectiveness analysisGovernment information disseminationImage databasesIT acquisitionsRequirements definitionRoyalty paymentsSystems managementTrademarksSearch techniquesData automation