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

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118<br />

INDEPENDENT AUDITORS’ REPORT<br />

United States <strong>Patent</strong> <strong>and</strong> Trademark Office<br />

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

November 7, 2012<br />

Page 3 of 7<br />

<strong>and</strong> are not a required part of the basic consolidated financial statements. Such information has not been<br />

subjected to the auditing procedures applied in the audits of the basic consolidated financial statements, <strong>and</strong><br />

accordingly, we do not express an opinion or provide any assurance on them.<br />

Internal Control Over Financial <strong>Report</strong>ing<br />

A deficiency in internal control exists when the design or operation of a control does not allow<br />

management or employees, in the normal course of performing their assigned functions, to prevent, or<br />

detect <strong>and</strong> correct misstatements on a timely basis. A material weakness is a deficiency, or a combination<br />

of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of<br />

the entity’s financial statements will not be prevented, or detected <strong>and</strong> corrected on a timely basis.<br />

Our consideration of internal control over financial reporting was for the limited purpose described in the<br />

Responsibilities section of this report <strong>and</strong> was not designed to identify all deficiencies in internal control<br />

over financial reporting that might be deficiencies, significant deficiencies, or material weaknesses. In our<br />

fiscal year 2012 audit, we did not identify any deficiencies in internal control over financial reporting that<br />

we consider to be material weaknesses, as defined above. However, we identified certain deficiencies in<br />

internal control over financial reporting described in Exhibit I that we consider to be a significant<br />

deficiency in internal control over financial reporting. A significant deficiency is a deficiency, or a<br />

combination of deficiencies, in internal control that is less severe than a material weakness, yet important<br />

enough to merit attention by those charged with governance.<br />

General information technology controls. We found that although the <strong>USPTO</strong> has taken partial<br />

corrective actions to address certain information technology (IT) control weaknesses, general IT<br />

weaknesses still exist. Despite the positive efforts made by the <strong>USPTO</strong>, the <strong>USPTO</strong> needs to make<br />

continued improvement in its IT general control environment to fully ensure that financial data<br />

processed on the <strong>USPTO</strong>’s systems is complete, reliable, <strong>and</strong> has integrity.<br />

We noted certain additional matters that we have reported to management of <strong>USPTO</strong> in a separate letter<br />

dated November 7, 2012.<br />

Compliance <strong>and</strong> Other Matters<br />

The results of certain of our tests of compliance as described in the Responsibilities section of this report<br />

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

Government Auditing St<strong>and</strong>ards or OMB Bulletin No. 07-04.<br />

* * * * * * *<br />

Responsibilities<br />

Management’s Responsibilities. Management is responsible for the consolidated financial statements;<br />

establishing <strong>and</strong> maintaining effective internal control over financial reporting; <strong>and</strong> complying with laws,<br />

regulations, <strong>and</strong> contracts applicable to the <strong>USPTO</strong>.<br />

Auditors’ Responsibilities. Our responsibility is to express an opinion on the fiscal year 2012 <strong>and</strong> 2011<br />

consolidated financial statements of the <strong>USPTO</strong> based on our audits. We conducted our audits in<br />

PERFORMANCE AND ACCOUNTABILITY REPORT: FISCAL YEAR 2012

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