[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR102.5]

[Page 383]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
                         DEPARTMENT OF COMMERCE
 
PART 102--DISCLOSURE OF GOVERNMENT INFORMATION--Table of Contents
 
                  Subpart A--Freedom of Information Act
 
Sec. 102.5  Responsibility for responding to requests.

    (a) In general. Except as stated in paragraph (b) of this section, 
the USPTO will process FOIA requests directed to USPTO. In determining 
records responsive to a request, the FOIA Officer shall include only 
those records within USPTO's possession and control as of the date the 
FOIA Officer receives the request.
    (b) Consultations and referrals. If the FOIA Officer receives a 
request for a record in USPTO's possession in which another Federal 
agency subject to FOIA has the primary interest, the FOIA Officer shall 
refer the record to that agency for direct response to the requester. 
The FOIA Officer shall consult with another Federal agency before 
responding to a requester if the FOIA Officer receives a request for a 
record in which another Federal agency subject to FOIA has a significant 
interest, but not the primary interest; or another Federal agency not 
subject to FOIA has the primary interest or a significant interest. 
Ordinarily, the agency that originated a record will be presumed to have 
the primary interest in it.
    (c) Notice of referral. Whenever a FOIA Officer refers a document to 
another Federal agency for direct response to the requester, the FOIA 
Officer will ordinarily notify the requester in writing of the referral 
and inform the requester of the name of the agency to which the document 
was referred.
    (d) Timing of responses to consultations and referrals. All 
consultations and referrals shall be handled according to the date the 
FOIA request was received by the first Federal agency.
    (e) Agreements regarding consultations and referrals. The FOIA 
Officer may make agreements with other Federal agencies to eliminate the 
need for consultations or referrals for particular types of records.