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USPTO Performance and Accountability Report - U.S. Patent and ...

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116<br />

INDEPENDENT AUDITORS’ REPORT<br />

KPMG LLP<br />

Suite 12000<br />

1801 K Street, NW<br />

Washington, DC 20006<br />

Independent Auditors’ <strong>Report</strong><br />

Inspector General, U.S. Department of Commerce <strong>and</strong><br />

Under Secretary of Commerce for Intellectual Property <strong>and</strong><br />

Director of the U.S. <strong>Patent</strong> <strong>and</strong> Trademark Office:<br />

We have audited the accompanying consolidated balance sheets of the United States <strong>Patent</strong> <strong>and</strong> Trademark<br />

Office (<strong>USPTO</strong>) as of September 30, 2012 <strong>and</strong> 2011, <strong>and</strong> the related consolidated statements of net cost<br />

<strong>and</strong> changes in net position, <strong>and</strong> combined statements of budgetary resources for the years then ended<br />

(hereinafter referred to as “consolidated financial statements”). The objective of our audits was to express<br />

an opinion on the fair presentation of these consolidated financial statements. In connection with our fiscal<br />

year 2012 audit, we also considered the <strong>USPTO</strong>’s internal control over financial reporting <strong>and</strong> tested the<br />

<strong>USPTO</strong>’s compliance with certain provisions of applicable laws, regulations, <strong>and</strong> contracts that could have<br />

a direct <strong>and</strong> material effect on these consolidated financial statements.<br />

Summary<br />

As stated in our opinion on the consolidated financial statements, we concluded that the <strong>USPTO</strong>’s<br />

consolidated financial statements referred to above, are presented fairly, in all material respects, in<br />

conformity with U.S. generally accepted accounting principles.<br />

As discussed in Note 1 Reclassifications to the consolidated financial statements, the <strong>USPTO</strong> changed its<br />

presentation for reporting the combined statement of budgetary resources in fiscal year 2012.<br />

Our consideration of internal control over financial reporting resulted in identifying certain deficiencies<br />

relating to information technology general controls that we consider to be, collectively, a significant<br />

deficiency, as defined in the Internal Control Over Financial <strong>Report</strong>ing section of this report.<br />

We did not identify any deficiencies in internal control over financial reporting that we consider to be<br />

material weaknesses as defined in the Internal Control Over Financial <strong>Report</strong>ing section of this report.<br />

The results of our tests of compliance with certain provisions of laws, regulations, <strong>and</strong> contracts disclosed<br />

no instances of noncompliance or other matters that are required to be reported under Government Auditing<br />

St<strong>and</strong>ards, issued by the Comptroller General of the United States, <strong>and</strong> Office of Management <strong>and</strong> Budget<br />

(OMB) Bulletin No. 07-04, Audit Requirements for Federal Financial Statements, as amended.<br />

The following sections discuss our opinion on the <strong>USPTO</strong>’s consolidated financial statements; our<br />

consideration of the <strong>USPTO</strong>’s internal control over financial reporting; our tests of the <strong>USPTO</strong>’s<br />

compliance with certain provisions of applicable laws, regulations, <strong>and</strong> contracts; <strong>and</strong> management’s <strong>and</strong><br />

our responsibilities.<br />

KPMG LLP is a Delaware limited liability partnership,<br />

the U.S. member firm of KPMG International Cooperative<br />

(“KPMG International”), a Swiss entity.<br />

PERFORMANCE AND ACCOUNTABILITY REPORT: FISCAL YEAR 2012

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