US (United States) Code. Title 35. Part I. Chapter 1: Establishment, officers and employees, functions

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Patents

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-CITE-

35 USC CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES,

FUNCTIONS 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-MISC1-

Sec.

1. Establishment.

2. Powers and duties.

3. Officers and employees.

4. Restrictions on officers and employees as to interest

in patents.

5. Patent and Trademark Office Public Advisory

Committees.

6. Board of Patent Appeals and Interferences.

7. Library.

8. Classification of patents.

9. Certified copies of records.

10. Publications.

11. Exchange of copies of patents and applications with

foreign countries.

12. Copies of patents and applications for public

libraries.

13. Annual report to Congress.

AMENDMENTS

2002 - Pub. L. 107-273, div. C, title III, Sec. 13205(2)(D), Nov.

2, 2002, 116 Stat. 1903, made technical correction to directory

language of Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,

Sec. 4507(4)], Nov. 29, 1999, 113 Stat. 1536, 1501A-566. See 1999

Amendment note below.

1999 - Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(4)], Nov. 29, 1999, 113 Stat. 1536, 1501A-582, amended

analysis generally, substituting "OFFICERS AND EMPLOYEES" for

"OFFICERS" in chapter heading, substituting "Powers and duties" for

"Seal" in item 2, adding item 5, renumbering items 7 to 14 as 6 to

13, respectively, striking out former item 6, "Duties of

Commissioner", and inserting "and applications" after "patents" in

items 11 and 12.

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs.

4507(4), 4508], Nov. 29, 1999, 113 Stat. 1536, 1501A-566, as

amended by Pub. L. 107-273, div. C, title III, Sec. 13205(2)(D),

Nov. 2, 2002, 116 Stat. 1903, which directed the insertion of "and

applications" after "patents" in items 11 and 12, effective 1 year

after Nov. 29, 1999, was not executed in either item to reflect the

probable intent of Congress. See above.

1984 - Pub. L. 98-622, title II, Sec. 201(b), Nov. 8, 1984, 98

Stat. 3386, substituted "Patent Appeals and Interferences" for

"Appeals" in item 7.

1972 - Pub. L. 92-310, title II, Sec. 208(b), June 6, 1972, 86

Stat. 203, struck out item 5 "Bond of Commissioner and other

officers".

-End-

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35 USC Sec. 1 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 1. Establishment

-STATUTE-

(a) Establishment. - The United States Patent and Trademark

Office is established as an agency of the United States, within the

Department of Commerce. In carrying out its functions, the United

States Patent and Trademark Office shall be subject to the policy

direction of the Secretary of Commerce, but otherwise shall retain

responsibility for decisions regarding the management and

administration of its operations and shall exercise independent

control of its budget allocations and expenditures, personnel

decisions and processes, procurements, and other administrative and

management functions in accordance with this title and applicable

provisions of law. Those operations designed to grant and issue

patents and those operations which are designed to facilitate the

registration of trademarks shall be treated as separate operating

units within the Office.

(b) Offices. - The United States Patent and Trademark Office

shall maintain its principal office in the metropolitan Washington,

D.C., area, for the service of process and papers and for the

purpose of carrying out its functions. The United States Patent and

Trademark Office shall be deemed, for purposes of venue in civil

actions, to be a resident of the district in which its principal

office is located, except where jurisdiction is otherwise provided

by law. The United States Patent and Trademark Office may establish

satellite offices in such other places in the United States as it

considers necessary and appropriate in the conduct of its business.

(c) Reference. - For purposes of this title, the United States

Patent and Trademark Office shall also be referred to as the

"Office" and the "Patent and Trademark Office".

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 792; Pub. L. 93-596, Sec. 1, Jan.

2, 1975, 88 Stat. 1949; Pub. L. 106-113, div. B, Sec. 1000(a)(9)

[title IV, Sec. 4711], Nov. 29, 1999, 113 Stat. 1536, 1501A-572.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 1 (R.S. 475 and

Executive Order 4175, Mar. 17, 1925).

The word "all" is omitted from the corresponding section of the

existing statute and "except as otherwise provided by law" added,

since some old records are kept in the National Archives, see 44

U.S.C., 1946 ed., ch. 8A.

The word "models" has been omitted to remove emphasis on models

since they are no longer generally required. They are included by

the word "things."

The phrase "and to trade-mark registrations" is added. There is

no enactment corresponding to this section in the trade-mark law.

The original chapter of the Revised Statutes containing this

section deals with the Patent Office as such in its administration

of trade-marks as well as patents. This is explicitly brought out

in some of the corresponding sections of the present chapter.

Changes in language are made.

AMENDMENTS

1999 - Pub. L. 106-113 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: "The Patent and Trademark Office shall continue as an

office in the Department of Commerce, where records, books,

drawings, specifications, and other papers and things pertaining to

patents and to trademark registrations shall be kept and preserved,

except as otherwise provided by law."

1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"

for "Patent Office".

-CHANGE-

CHANGE OF NAME

Section 3 of Pub. L. 93-596 provided that: "The terms 'Patent

Office' and 'Commissioner of Patents' in all laws of the United

States shall mean 'Patent and Trademark Office' and 'Commissioner

of Patents and Trademarks', respectively."

-MISC2-

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle G,

Sec. 4731], Nov. 29, 1999, 113 Stat. 1536, 1501A-581, provided

that: "This subtitle [see Tables for classification] and the

amendments made by this subtitle shall take effect 4 months after

the date of the enactment of this Act [Nov. 29, 1999]."

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of Title

15, Commerce and Trade.

SHORT TITLE OF 2002 AMENDMENT

Pub. L. 107-273, div. C, title III, Sec. 13201, Nov. 2, 2002, 116

Stat. 1901, provided that: "This subtitle [subtitle B (Secs.

13201-13211) of title III of div. C of Pub. L. 107-273, see Tables

for classification] may be cited as the 'Intellectual Property and

High Technology Technical Amendments Act of 2002'."

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [Sec. 1(a)], Nov. 29,

1999, 113 Stat. 1536, 1501A-521, provided that: "This Act [S. 1948,

as enacted by section 1000(a)(9) of Pub. L. 106-113, see Tables for

classification] may be cited as the 'Intellectual Property and

Communications Omnibus Reform Act of 1999'."

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4001],

Nov. 29, 1999, 113 Stat. 1536, 1501A-552, provided that: "This

title [see Tables for classification] may be cited as the 'American

Inventors Protection Act of 1999'."

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle A,

Sec. 4101], Nov. 29, 1999, 113 Stat. 1536, 1501A-552, provided

that: "This subtitle [enacting section 297 of this title and

provisions set out as a note under section 297 of this title] may

be cited as the 'Inventors' Rights Act of 1999'."

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle B,

Sec. 4201], Nov. 29, 1999, 113 Stat. 1536, 1501A-554, provided

that: "This subtitle [amending sections 41 and 42 of this title and

enacting provisions set out as notes under section 41 of this title

and section 1113 of Title 15, Commerce and Trade] may be cited as

the 'Patent and Trademark Fee Fairness Act of 1999'."

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle C,

Sec. 4301], Nov. 29, 1999, 113 Stat. 1536, 1501A-555, provided

that: "This subtitle [enacting section 273 of this title and

provisions set out as a note under section 273 of this title] may

be cited as the 'First Inventor Defense Act of 1999'."

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle D,

Sec. 4401], Nov. 29, 1999, 113 Stat. 1536, 1501A-557, provided

that: "This subtitle [amending sections 132, 154, 156, and 282 of

this title and section 1295 of Title 28, Judiciary and Judicial

Procedure, and enacting provisions set out as notes under sections

132 and 154 of this title] may be cited as the 'Patent Term

Guarantee Act of 1999'."

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle E,

Sec. 4501], Nov. 29, 1999, 113 Stat. 1536, 1501A-561, provided

that: "This subtitle [amending sections 11 to 13, 102, 119, 120,

122, 135, 154, 181, 252, 284, and 374 of this title and enacting

provisions set out as notes under sections 11, 41, and 122 of this

title] may be cited as the 'Domestic Publication of Foreign Filed

Patent Applications Act of 1999'."

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle F,

Sec. 4601], Nov. 29, 1999, 113 Stat. 1536, 1501A-567, provided

that: "This subtitle [enacting chapter 31 of this title, amending

sections 41, 100, 134, 141, 143, and 145 of this title, and

enacting provisions set out as notes under sections 41, 311, and

315 of this title] may be cited as the 'Optional Inter Partes

Reexamination Procedure Act of 1999'."

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle G,

Sec. 4701], Nov. 29, 1999, 113 Stat. 1536, 1501A-572, provided

that: "This subtitle [see Tables for classification] may be cited

as the 'Patent and Trademark Office Efficiency Act'."

SHORT TITLE OF 1998 AMENDMENTS

Pub. L. 105-358, Sec. 1, Nov. 10, 1998, 112 Stat. 3272, provided

that: "This Act [amending sections 41 and 42 of this title and

enacting provisions set out as a note under section 41 of this

title] may be cited as the 'United States Patent and Trademark

Office Reauthorization Act, Fiscal Year 1999'."

Pub. L. 105-289, Sec. 1, Oct. 27, 1998, 112 Stat. 2780, provided

that: "This Act [amending section 163 of this title and enacting

provisions set out as notes under sections 41 and 163 of this

title] may be cited as the 'Plant Patent Amendments Act of 1998'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-418, Sec. 9001, Aug. 23, 1988, 102 Stat. 1563,

provided that: "This subtitle [subtitle A (Secs. 9001-9007) of

title IX of Pub. L. 100-418, enacting section 295 of this title,

amending sections 154, 271, and 287 of this title, and enacting

provisions set out as notes under section 271 of this title] may be

cited as the 'Process Patent Amendments Act of 1988'."

Pub. L. 100-418, title IX, Sec. 9101(a), Aug. 23, 1988, 102 Stat.

1567, provided that: "This section [amending sections 184 to 186 of

this title and enacting provisions set out as notes under section

184 of this title] may be cited as the 'Patent Law Foreign Filing

Amendments Act of 1988'."

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-622, Sec. 1, Nov. 8, 1984, 98 Stat. 3383, provided

that: "This Act [enacting section 157 of this title, amending

sections 3, 7, 41, 103, 104, 116, 120, 134, 135, 141, 145, 146,

271, 305, 351, 361, 362, 365 to 368, 371 to 373, and 376 of this

title, section 1295 of Title 28, Judiciary and Judicial Procedure,

and sections 2182 and 2457 of Title 42, The Public Health and

Welfare, and enacting provisions set out as notes under sections 7,

41, 103, 157, and 351 of this title] may be cited as the 'Patent

Law Amendments Act of 1984'."

TRANSFER OF FUNCTIONS AND ASSETS OF PATENT AND TRADEMARK OFFICE

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, subtitle G,

chapter 3], Nov. 29, 1999, 113 Stat. 1536, 1501A-585, provided

that:

"SEC. 4741. REFERENCES.

"(a) In General. - Any reference in any other Federal law,

Executive order, rule, regulation, or delegation of authority, or

any document of or pertaining to a department or office from which

a function is transferred by this subtitle [see Tables for

classification] -

"(1) to the head of such department or office is deemed to

refer to the head of the department or office to which such

function is transferred; or

"(2) to such department or office is deemed to refer to the

department or office to which such function is transferred.

"(b) Specific References. - Any reference in any other Federal

law, Executive order, rule, regulation, or delegation of authority,

or any document of or pertaining to the Patent and Trademark Office

-

"(1) to the Commissioner of Patents and Trademarks is deemed to

refer to the Under Secretary of Commerce for Intellectual

Property and Director of the United States Patent and Trademark

Office;

"(2) to the Assistant Commissioner for Patents is deemed to

refer to the Commissioner for Patents; or

"(3) to the Assistant Commissioner for Trademarks is deemed to

refer to the Commissioner for Trademarks.

"SEC. 4742. EXERCISE OF AUTHORITIES.

"Except as otherwise provided by law, a Federal official to whom

a function is transferred by this subtitle may, for purposes of

performing the function, exercise all authorities under any other

provision of law that were available with respect to the

performance of that function to the official responsible for the

performance of the function immediately before the effective date

of the transfer of the function under this subtitle.

"SEC. 4743. SAVINGS PROVISIONS.

"(a) Legal Documents. - All orders, determinations, rules,

regulations, permits, grants, loans, contracts, agreements,

certificates, licenses, and privileges -

"(1) that have been issued, made, granted, or allowed to become

effective by the President, the Secretary of Commerce, any

officer or employee of any office transferred by this subtitle,

or any other Government official, or by a court of competent

jurisdiction, in the performance of any function that is

transferred by this subtitle; and

"(2) that are in effect on the effective date of such transfer

(or become effective after such date pursuant to their terms as

in effect on such effective date), shall continue in effect

according to their terms until modified, terminated, superseded,

set aside, or revoked in accordance with law by the President,

any other authorized official, a court of competent jurisdiction,

or operation of law.

"(b) Proceedings. - This subtitle shall not affect any

proceedings or any application for any benefits, service, license,

permit, certificate, or financial assistance pending on the

effective date of this subtitle [see Effective Date of 1999

Amendment note above] before an office transferred by this

subtitle, but such proceedings and applications shall be continued.

Orders shall be issued in such proceedings, appeals shall be taken

therefrom, and payments shall be made pursuant to such orders, as

if this subtitle had not been enacted, and orders issued in any

such proceeding shall continue in effect until modified,

terminated, superseded, or revoked by a duly authorized official,

by a court of competent jurisdiction, or by operation of law.

Nothing in this subsection shall be considered to prohibit the

discontinuance or modification of any such proceeding under the

same terms and conditions and to the same extent that such

proceeding could have been discontinued or modified if this

subtitle had not been enacted.

"(c) Suits. - This subtitle shall not affect suits commenced

before the effective date of this subtitle, and in all such suits,

proceedings shall be had, appeals taken, and judgments rendered in

the same manner and with the same effect as if this subtitle had

not been enacted.

"(d) Nonabatement of Actions. - No suit, action, or other

proceeding commenced by or against the Department of Commerce or

the Secretary of Commerce, or by or against any individual in the

official capacity of such individual as an officer or employee of

an office transferred by this subtitle, shall abate by reason of

the enactment of this subtitle.

"(e) Continuance of Suits. - If any Government officer in the

official capacity of such officer is party to a suit with respect

to a function of the officer, and under this subtitle such function

is transferred to any other officer or office, then such suit shall

be continued with the other officer or the head of such other

office, as applicable, substituted or added as a party.

"(f) Administrative Procedure and Judicial Review. - Except as

otherwise provided by this subtitle, any statutory requirements

relating to notice, hearings, action upon the record, or

administrative or judicial review that apply to any function

transferred by this subtitle shall apply to the exercise of such

function by the head of the Federal agency, and other officers of

the agency, to which such function is transferred by this subtitle.

"SEC. 4744. TRANSFER OF ASSETS.

"Except as otherwise provided in this subtitle, so much of the

personnel, property, records, and unexpended balances of

appropriations, allocations, and other funds employed, used, held,

available, or to be made available in connection with a function

transferred to an official or agency by this subtitle shall be

available to the official or the head of that agency, respectively,

at such time or times as the Director of the Office of Management

and Budget directs for use in connection with the functions

transferred.

"SEC. 4745. DELEGATION AND ASSIGNMENT.

"Except as otherwise expressly prohibited by law or otherwise

provided in this subtitle, an official to whom functions are

transferred under this subtitle (including the head of any office

to which functions are transferred under this subtitle) may

delegate any of the functions so transferred to such officers and

employees of the office of the official as the official may

designate, and may authorize successive redelegations of such

functions as may be necessary or appropriate. No delegation of

functions under this section or under any other provision of this

subtitle shall relieve the official to whom a function is

transferred under this subtitle of responsibility for the

administration of the function.

"SEC. 4746. AUTHORITY OF DIRECTOR OF THE OFFICE OF MANAGEMENT AND

BUDGET WITH RESPECT TO FUNCTIONS TRANSFERRED.

"(a) Determinations. - If necessary, the Director of the Office

of Management and Budget shall make any determination of the

functions that are transferred under this subtitle.

"(b) Incidental Transfers. - The Director of the Office of

Management and Budget, at such time or times as the Director shall

provide, may make such determinations as may be necessary with

regard to the functions transferred by this subtitle, and to make

such additional incidental dispositions of personnel, assets,

liabilities, grants, contracts, property, records, and unexpended

balances of appropriations, authorizations, allocations, and other

funds held, used, arising from, available to, or to be made

available in connection with such functions, as may be necessary to

carry out the provisions of this subtitle. The Director shall

provide for the termination of the affairs of all entities

terminated by this subtitle and for such further measures and

dispositions as may be necessary to effectuate the purposes of this

subtitle.

"SEC. 4747. CERTAIN VESTING OF FUNCTIONS CONSIDERED TRANSFERS.

"For purposes of this subtitle, the vesting of a function in a

department or office pursuant to reestablishment of an office shall

be considered to be the transfer of the function.

"SEC. 4748. AVAILABILITY OF EXISTING FUNDS.

"Existing appropriations and funds available for the performance

of functions, programs, and activities terminated pursuant to this

subtitle shall remain available, for the duration of their period

of availability, for necessary expenses in connection with the

termination and resolution of such functions, programs, and

activities, subject to the submission of a plan to the Committees

on Appropriations of the House and Senate in accordance with the

procedures set forth in section 605 of the Departments of Commerce,

Justice, and State, the Judiciary, and Related Agencies

Appropriations Act, 1999, as contained in Public Law 105-277 [112

Stat. 2681-111].

"SEC. 4749. DEFINITIONS.

"For purposes of this subtitle -

"(1) the term 'function' includes any duty, obligation, power,

authority, responsibility, right, privilege, activity, or

program; and

"(2) the term 'office' includes any office, administration,

agency, bureau, institute, council, unit, organizational entity,

or component thereof."

FEDERAL AGENCY STATUS FOR PATENT AND TRADEMARK OFFICE

Pub. L. 101-508, title X, Sec. 10102, Nov. 5, 1990, 104 Stat.

1388-392, provided that: "For the purposes of Federal law, the

Patent and Trademark Office shall be considered a Federal agency.

In particular, the Patent and Trademark Office shall be subject to

all Federal laws pertaining to the procurement of goods and

services that would apply to a Federal agency using appropriated

funds, including the Federal Property and Administrative Services

Act of 1949 [now chapters 1 to 11 of Title 40, Public Buildings,

Property, and Works, and title III of the Act of June 30, 1949 (41

U.S.C. 251 et seq.)] and the Office of Federal Procurement Policy

Act [41 U.S.C. 401 et seq.]."

-End-

-CITE-

35 USC Sec. 2 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 2. Powers and duties

-STATUTE-

(a) In General. - The United States Patent and Trademark Office,

subject to the policy direction of the Secretary of Commerce -

(1) shall be responsible for the granting and issuing of

patents and the registration of trademarks; and

(2) shall be responsible for disseminating to the public

information with respect to patents and trademarks.

(b) Specific Powers. - The Office -

(1) shall adopt and use a seal of the Office, which shall be

judicially noticed and with which letters patent, certificates of

trademark registrations, and papers issued by the Office shall be

authenticated;

(2) may establish regulations, not inconsistent with law, which

-

(A) shall govern the conduct of proceedings in the Office;

(B) shall be made in accordance with section 553 of title 5;

(C) shall facilitate and expedite the processing of patent

applications, particularly those which can be filed, stored,

processed, searched, and retrieved electronically, subject to

the provisions of section 122 relating to the confidential

status of applications;

(D) may govern the recognition and conduct of agents,

attorneys, or other persons representing applicants or other

parties before the Office, and may require them, before being

recognized as representatives of applicants or other persons,

to show that they are of good moral character and reputation

and are possessed of the necessary qualifications to render to

applicants or other persons valuable service, advice, and

assistance in the presentation or prosecution of their

applications or other business before the Office;

(E) shall recognize the public interest in continuing to

safeguard broad access to the United States patent system

through the reduced fee structure for small entities under

section 41(h)(1) of this title; and

(F) provide for the development of a performance-based

process that includes quantitative and qualitative measures and

standards for evaluating cost-effectiveness and is consistent

with the principles of impartiality and competitiveness;

(3) may acquire, construct, purchase, lease, hold, manage,

operate, improve, alter, and renovate any real, personal, or

mixed property, or any interest therein, as it considers

necessary to carry out its functions;

(4)(A) may make such purchases, contracts for the construction,

maintenance, or management and operation of facilities, and

contracts for supplies or services, without regard to the

provisions of the Federal Property and Administrative Services

Act of 1949 (!1), the Public Buildings Act,(!1) and the

McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301 et seq.);

and

(B) may enter into and perform such purchases and contracts for

printing services, including the process of composition,

platemaking, presswork, silk screen processes, binding,

microform, and the products of such processes, as it considers

necessary to carry out the functions of the Office, without

regard to sections 501 through 517 and 1101 through 1123 of title

44;

(5) may use, with their consent, services, equipment,

personnel, and facilities of other departments, agencies, and

instrumentalities of the Federal Government, on a reimbursable

basis, and cooperate with such other departments, agencies, and

instrumentalities in the establishment and use of services,

equipment, and facilities of the Office;

(6) may, when the Director determines that it is practicable,

efficient, and cost-effective to do so, use, with the consent of

the United States and the agency, instrumentality, Patent and

Trademark Office, or international organization concerned, the

services, records, facilities, or personnel of any State or local

government agency or instrumentality or foreign patent and

trademark office or international organization to perform

functions on its behalf;

(7) may retain and use all of its revenues and receipts,

including revenues from the sale, lease, or disposal of any real,

personal, or mixed property, or any interest therein, of the

Office;

(8) shall advise the President, through the Secretary of

Commerce, on national and certain international intellectual

property policy issues;

(9) shall advise Federal departments and agencies on matters of

intellectual property policy in the United States and

intellectual property protection in other countries;

(10) shall provide guidance, as appropriate, with respect to

proposals by agencies to assist foreign governments and

international intergovernmental organizations on matters of

intellectual property protection;

(11) may conduct programs, studies, or exchanges of items or

services regarding domestic and international intellectual

property law and the effectiveness of intellectual property

protection domestically and throughout the world;

(12)(A) shall advise the Secretary of Commerce on programs and

studies relating to intellectual property policy that are

conducted, or authorized to be conducted, cooperatively with

foreign intellectual property offices and international

intergovernmental organizations; and

(B) may conduct programs and studies described in subparagraph

(A); and

(13)(A) in coordination with the Department of State, may

conduct programs and studies cooperatively with foreign

intellectual property offices and international intergovernmental

organizations; and

(B) with the concurrence of the Secretary of State, may

authorize the transfer of not to exceed $100,000 in any year to

the Department of State for the purpose of making special

payments to international intergovernmental organizations for

studies and programs for advancing international cooperation

concerning patents, trademarks, and other matters.

(c) Clarification of Specific Powers. - (1) The special payments

under subsection (b)(13)(B) shall be in addition to any other

payments or contributions to international organizations described

in subsection (b)(13)(B) and shall not be subject to any

limitations imposed by law on the amounts of such other payments or

contributions by the United States Government.

(2) Nothing in subsection (b) shall derogate from the duties of

the Secretary of State or from the duties of the United States

Trade Representative as set forth in section 141 of the Trade Act

of 1974 (19 U.S.C. 2171).

(3) Nothing in subsection (b) shall derogate from the duties and

functions of the Register of Copyrights or otherwise alter current

authorities relating to copyright matters.

(4) In exercising the Director's powers under paragraphs (3) and

(4)(A) of subsection (b), the Director shall consult with the

Administrator of General Services.

(5) In exercising the Director's powers and duties under this

section, the Director shall consult with the Register of Copyrights

on all copyright and related matters.

(d) Construction. - Nothing in this section shall be construed to

nullify, void, cancel, or interrupt any pending

request-for-proposal let or contract issued by the General Services

Administration for the specific purpose of relocating or leasing

space to the United States Patent and Trademark Office.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 792; Pub. L. 93-596, Sec. 1, Jan.

2, 1975, 88 Stat. 1949; Pub. L. 106-113, div. B, Sec. 1000(a)(9)

[title IV, Sec. 4712], Nov. 29, 1999, 113 Stat. 1536, 1501A-572;

Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L.

107-273, div. C, title III, Sec. 13206(a)(1), Nov. 2, 2002, 116

Stat. 1904.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 3 (R.S. 478).

"Certificates of trade-mark registrations" is added, see note

under section 1. Changes in language are made and the specific date

eliminated.

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (b)(4)(A), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Except for title III of the Act, which is

classified generally to subchapter IV (Sec. 251 et seq.) of chapter

4 of Title 41, Public Contracts, the Act was repealed and reenacted

by Pub. L. 107-217, Secs. 1, 6(b), Aug. 21, 2002, 116 Stat. 1062,

1304, as chapters 1 to 11 of Title 40, Public Buildings, Property,

and Works.

The Public Buildings Act, referred to in subsec. (b)(4)(A),

probably means Pub. L. 86-249, Sept. 9, 1959, 73 Stat. 479, as

amended, known as the Public Buildings Act of 1959, which was

classified principally to chapter 12 (Sec. 601 et seq.) of former

Title 40, Public Buildings, Property, and Works, and was repealed

and reenacted as sections 3301-3305 and 3307-3315 of Title 40,

Public Buildings, Property, and Works, by Pub. L. 107-217, Secs. 1,

6(b), Aug. 21, 2002, 116 Stat. 1062, 1304.

The McKinney-Vento Homeless Assistance Act, referred to in

subsec. (b)(4)(A), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482,

as amended, which is classified principally to chapter 119 (Sec.

11301 et seq.) of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 11301 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (b)(2)(B), (4)(B). Pub. L. 107-273 struck out ",

United States Code" before semicolon at end.

2000 - Subsec. (b)(4)(A). Pub. L. 106-400 substituted

"McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney

Homeless Assistance Act".

1999 - Pub. L. 106-113 amended section catchline and text

generally. Prior to amendment, text read as follows: "The Patent

and Trademark Office shall have a seal with which letters patent,

certificates of trade-mark registrations, and papers issued from

the Office shall be authenticated."

1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"

for "Patent Office".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of Title

15, Commerce and Trade.

ELECTRONIC FILING AND PROCESSING OF PATENT AND TRADEMARK

APPLICATIONS

Pub. L. 107-273, div. C, title III, Sec. 13103, Nov. 2, 2002, 116

Stat. 1899, provided that:

"(a) Electronic Filing and Processing. - The Director [of the

Patent and Trademark Office] shall, beginning not later than 90

days after the date of enactment of this Act [Nov. 2, 2002], and

during the 3-year period thereafter, develop an electronic system

for the filing and processing of patent and trademark applications,

that -

"(1) is user friendly; and

"(2) includes the necessary infrastructure -

"(A) to allow examiners and applicants to send all

communications electronically; and

"(B) to allow the Office to process, maintain, and search

electronically the contents and history of each application.

"(b) Authorization of Appropriations. - Of amounts authorized

under section 13102 [set out as a note under section 42 of this

title], there is authorized to be appropriated to carry out

subsection (a) of this section not more than $50,000,000 for each

of fiscal years 2003, 2004, and 2005. Amounts made available

pursuant to this subsection shall remain available until expended."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 32 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

35 USC Sec. 3 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 3. Officers and employees

-STATUTE-

(a) Under Secretary and Director. -

(1) In general. - The powers and duties of the United States

Patent and Trademark Office shall be vested in an Under Secretary

of Commerce for Intellectual Property and Director of the United

States Patent and Trademark Office (in this title referred to as

the "Director"), who shall be a citizen of the United States and

who shall be appointed by the President, by and with the advice

and consent of the Senate. The Director shall be a person who has

a professional background and experience in patent or trademark

law.

(2) Duties. -

(A) In general. - The Director shall be responsible for

providing policy direction and management supervision for the

Office and for the issuance of patents and the registration of

trademarks. The Director shall perform these duties in a fair,

impartial, and equitable manner.

(B) Consulting with the public advisory committees. - The

Director shall consult with the Patent Public Advisory

Committee established in section 5 on a regular basis on

matters relating to the patent operations of the Office, shall

consult with the Trademark Public Advisory Committee

established in section 5 on a regular basis on matters relating

to the trademark operations of the Office, and shall consult

with the respective Public Advisory Committee before submitting

budgetary proposals to the Office of Management and Budget or

changing or proposing to change patent or trademark user fees

or patent or trademark regulations which are subject to the

requirement to provide notice and opportunity for public

comment under section 553 of title 5, as the case may be.

(3) Oath. - The Director shall, before taking office, take an

oath to discharge faithfully the duties of the Office.

(4) Removal. - The Director may be removed from office by the

President. The President shall provide notification of any such

removal to both Houses of Congress.

(b) Officers and Employees of the Office. -

(1) Deputy under secretary and deputy director. - The Secretary

of Commerce, upon nomination by the Director, shall appoint a

Deputy Under Secretary of Commerce for Intellectual Property and

Deputy Director of the United States Patent and Trademark Office

who shall be vested with the authority to act in the capacity of

the Director in the event of the absence or incapacity of the

Director. The Deputy Director shall be a citizen of the United

States who has a professional background and experience in patent

or trademark law.

(2) Commissioners. -

(A) Appointment and duties. - The Secretary of Commerce shall

appoint a Commissioner for Patents and a Commissioner for

Trademarks, without regard to chapter 33, 51, or 53 of title 5.

The Commissioner for Patents shall be a citizen of the United

States with demonstrated management ability and professional

background and experience in patent law and serve for a term of

5 years. The Commissioner for Trademarks shall be a citizen of

the United States with demonstrated management ability and

professional background and experience in trademark law and

serve for a term of 5 years. The Commissioner for Patents and

the Commissioner for Trademarks shall serve as the chief

operating officers for the operations of the Office relating to

patents and trademarks, respectively, and shall be responsible

for the management and direction of all aspects of the

activities of the Office that affect the administration of

patent and trademark operations, respectively. The Secretary

may reappoint a Commissioner to subsequent terms of 5 years as

long as the performance of the Commissioner as set forth in the

performance agreement in subparagraph (B) is satisfactory.

(B) Salary and performance agreement. - The Commissioners

shall be paid an annual rate of basic pay not to exceed the

maximum rate of basic pay for the Senior Executive Service

established under section 5382 of title 5, including any

applicable locality-based comparability payment that may be

authorized under section 5304(h)(2)(C) of title 5. The

compensation of the Commissioners shall be considered, for

purposes of section 207(c)(2)(A) of title 18, to be the

equivalent of that described under clause (ii) of section

207(c)(2)(A) of title 18. In addition, the Commissioners may

receive a bonus in an amount of up to, but not in excess of, 50

percent of the Commissioners' annual rate of basic pay, based

upon an evaluation by the Secretary of Commerce, acting through

the Director, of the Commissioners' performance as defined in

an annual performance agreement between the Commissioners and

the Secretary. The annual performance agreements shall

incorporate measurable organization and individual goals in key

operational areas as delineated in an annual performance plan

agreed to by the Commissioners and the Secretary. Payment of a

bonus under this subparagraph may be made to the Commissioners

only to the extent that such payment does not cause the

Commissioners' total aggregate compensation in a calendar year

to equal or exceed the amount of the salary of the Vice

President under section 104 of title 3.

(C) Removal. - The Commissioners may be removed from office

by the Secretary for misconduct or nonsatisfactory performance

under the performance agreement described in subparagraph (B),

without regard to the provisions of title 5. The Secretary

shall provide notification of any such removal to both Houses

of Congress.

(3) Other officers and employees. - The Director shall -

(A) appoint such officers, employees (including attorneys),

and agents of the Office as the Director considers necessary to

carry out the functions of the Office; and

(B) define the title, authority, and duties of such officers

and employees and delegate to them such of the powers vested in

the Office as the Director may determine.

The Office shall not be subject to any administratively or

statutorily imposed limitation on positions or personnel, and no

positions or personnel of the Office shall be taken into account

for purposes of applying any such limitation.

(4) Training of examiners. - The Office shall submit to the

Congress a proposal to provide an incentive program to retain as

employees patent and trademark examiners of the primary examiner

grade or higher who are eligible for retirement, for the sole

purpose of training patent and trademark examiners.

(5) National security positions. - The Director, in

consultation with the Director of the Office of Personnel

Management, shall maintain a program for identifying national

security positions and providing for appropriate security

clearances, in order to maintain the secrecy of certain

inventions, as described in section 181, and to prevent

disclosure of sensitive and strategic information in the interest

of national security.

(c) Continued Applicability of Title 5. - Officers and employees

of the Office shall be subject to the provisions of title 5,

relating to Federal employees.

(d) Adoption of Existing Labor Agreements. - The Office shall

adopt all labor agreements which are in effect, as of the day

before the effective date of the Patent and Trademark Office

Efficiency Act, with respect to such Office (as then in effect).

(e) Carryover of Personnel. -

(1) From pto. - Effective as of the effective date of the

Patent and Trademark Office Efficiency Act, all officers and

employees of the Patent and Trademark Office on the day before

such effective date shall become officers and employees of the

Office, without a break in service.

(2) Other personnel. - Any individual who, on the day before

the effective date of the Patent and Trademark Office Efficiency

Act, is an officer or employee of the Department of Commerce

(other than an officer or employee under paragraph (1)) shall be

transferred to the Office, as necessary to carry out the purposes

of this Act,(!1) if -

(A) such individual serves in a position for which a major

function is the performance of work reimbursed by the Patent

and Trademark Office, as determined by the Secretary of

Commerce;

(B) such individual serves in a position that performed work

in support of the Patent and Trademark Office during at least

half of the incumbent's work time, as determined by the

Secretary of Commerce; or

(C) such transfer would be in the interest of the Office, as

determined by the Secretary of Commerce in consultation with

the Director.

Any transfer under this paragraph shall be effective as of the same

effective date as referred to in paragraph (1), and shall be made

without a break in service.

(f) Transition Provisions. -

(1) Interim appointment of director. - On or after the

effective date of the Patent and Trademark Office Efficiency Act,

the President shall appoint an individual to serve as the

Director until the date on which a Director qualifies under

subsection (a). The President shall not make more than one such

appointment under this subsection.

(2) Continuation in office of certain officers. - (A) The

individual serving as the Assistant Commissioner for Patents on

the day before the effective date of the Patent and Trademark

Office Efficiency Act may serve as the Commissioner for Patents

until the date on which a Commissioner for Patents is appointed

under subsection (b).

(B) The individual serving as the Assistant Commissioner for

Trademarks on the day before the effective date of the Patent and

Trademark Office Efficiency Act may serve as the Commissioner for

Trademarks until the date on which a Commissioner for Trademarks

is appointed under subsection (b).

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 792; Pub. L. 85-933, Sec. 1,

Sept. 6, 1958, 72 Stat. 1793; Pub. L. 86-370, Sec. 1(a), Sept. 23,

1959, 73 Stat. 650; Pub. L. 88-426, title III, Sec. 305(26), Aug.

14, 1964, 78 Stat. 425; Pub. L. 93-596, Sec. 1, Jan. 2, 1975, 88

Stat. 1949; Pub. L. 93-601, Sec. 1, Jan. 2, 1975, 88 Stat. 1956;

Pub. L. 97-247, Sec. 4, Aug. 27, 1982, 96 Stat. 319; Pub. L.

97-366, Sec. 4, Oct. 25, 1982, 96 Stat. 1760; Pub. L. 98-622, title

IV, Sec. 405, Nov. 8, 1984, 98 Stat. 3392; Pub. L. 105-304, title

IV, Sec. 401(a)(1), Oct. 28, 1998, 112 Stat. 2887; Pub. L. 106-44,

Sec. 2(c), Aug. 5, 1999, 113 Stat. 223; Pub. L. 106-113, div. B,

Sec. 1000(a)(9) [title IV, Sec. 4713], Nov. 29, 1999, 113 Stat.

1536, 1501A-575; Pub. L. 107-273, div. C, title III, Sec.

13206(a)(2), Nov. 2, 2002, 116 Stat. 1904.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 2 (R.S. 476, amended

(1) Feb. 15, 1916, ch. 22, Sec. 1, 39 Stat. 8, (2) Feb. 14, 1927,

ch. 139, Sec. 1, 44 Stat. 1098, (3) Apr. 11, 1930, ch. 132, Sec. 1,

46 Stat. 155).

The temporary designation of the assistant commissioner as

Commissioner in case of a vacancy in office is added. This will

eliminate complications since present applicable general statutes

(5 U.S.C., 1946 ed., Sec. 7) permit a vacancy to be temporarily

filled only for not more than 30 days.

Changes in language are made. "Assistant commissioners" is used

in the second sentence (and elsewhere in the bill) as referring to

all three assistants.

This entire title is subject to Reorganization Plan No. 5 of 1950

(64 Stat. 1263) which vests all functions of the Patent Office in

the Secretary of Commerce and authorizes delegation by him. It has

been found impractical to so word the various sections of the

title, and a general provision has been inserted as the second

paragraph of this section of the bill, leaving the wording of

various sections of the title in terms of officers previously

specified and to whom the functions presently stand delegated.

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Patent and Trademark Office

Efficiency Act, referred to in subsecs. (d) to (f), as 4 months

after Nov. 29, 1999, see section 1009(a)(9) [title IV, Sec. 4731]

of Pub. L. 106-113, set out as an Effective Date of 1999 Amendment

note under section 1 of this title.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(2)(B). Pub. L. 107-273, Sec. 13206(a)(2)(A),

struck out "United States Code," after "title 5,".

Subsec. (b)(2)(A). Pub. L. 107-273, Sec. 13206(a)(2)(B)(i),

struck out ", United States Code" after "title 5".

Subsec. (b)(2)(B). Pub. L. 107-273, Sec. 13206(a)(2)(B)(ii)-(iv),

in first sentence, struck out "United States Code," after "section

5382 of title 5," and ", United States Code" after "section

5304(h)(2)(C) of title 5", in second sentence, struck out "United

States Code," after "for purposes of section 207(c)(2)(A) of title

18," and ", United States Code" after "clause (ii) of section

207(c)(2)(A) of title 18", and in last sentence, struck out ",

United States Code" after "title 3".

Subsec. (b)(2)(C). Pub. L. 107-273, Sec. 13206(a)(2)(B)(v),

struck out ", United States Code" after "title 5".

Subsec. (c). Pub. L. 107-273, Sec. 13206(a)(2)(C), in heading,

struck out ", United States Code" before period at end, and in

text, struck out "United States Code," after "title 5,".

1999 - Pub. L. 106-113 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows:

"(a) There shall be in the Patent and Trademark Office a

Commissioner of Patents and Trademarks, a Deputy Commissioner, two

Assistant Commissioners, and examiners-in-chief appointed under

section 7 of this title. The Deputy Commissioner, or, in the event

of a vacancy in that office, the Assistant Commissioner senior in

date of appointment shall fill the office of Commissioner during a

vacancy in that office until the Commissioner is appointed and

takes office. The Commissioner of Patents and Trademarks, the

Deputy Commissioner, and the Assistant Commissioners shall be

appointed by the President, by and with the advice and consent of

the Senate. The Secretary of Commerce, upon the nomination of the

Commissioner, in accordance with law shall appoint all other

officers and employees.

"(b) The Secretary of Commerce may vest in himself the functions

of the Patent and Trademark Office and its officers and employees

specified in this title and may from time to time authorize their

performance by any other officer or employee.

"(c) The Secretary of Commerce is authorized to fix the per annum

rate of basic compensation of each examiner-in-chief in the Patent

and Trademark Office at not in excess of the maximum scheduled rate

provided for positions in grade 17 of the General Schedule of the

Classification Act of 1949, as amended.

"(d) The Commissioner of Patents and Trademarks shall be an

Assistant Secretary of Commerce and shall receive compensation at

the rate in effect for level III of the Executive Schedule under

section 5314 of title 5, United States Code.

"(e) The members of the Trademark Trial and Appeal Board of the

Patent and Trademark Office shall each be paid at a rate not to

exceed the maximum rate of basic pay payable for GS-16 of the

General Schedule under section 5332 of title 5."

Subsec. (d). Pub. L. 106-44 struck out ", United States Code"

after "title 5".

1998 - Subsec. (d). Pub. L. 105-304 substituted "in effect for

level III of the Executive Schedule under section 5314 of title 5,

United States Code" for "prescribed by law for Assistant

Secretaries of Commerce".

1984 - Subsec. (e). Pub. L. 98-622 added subsec. (e).

1982 - Subsec. (a). Pub. L. 97-247 struck out "not more than

fifteen" after "two Assistant Commissioners, and", and inserted

"appointed under section 7 of this title" after

"examiners-in-chief".

Subsec. (d). Pub. L. 97-366 added subsec. (d).

1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"

for "Patent Office", and "Commissioner of Patents and Trademarks"

for "Commissioner of Patents", wherever appearing.

Subsec. (a). Pub. L. 93-601 designated first par. as subsec. (a),

redesignated first assistant commissioner as a Deputy Commissioner,

granted authority for appointment of not more than fifteen

examiners-in-chief to Secretary of Commerce instead of the

President, and struck out provision relating to performance by

assistant commissioners of duties assigned by Commissioner.

Subsecs. (b), (c). Pub. L. 93-601 designated second and third

pars. as subsecs. (b) and (c), respectively.

1964 - Pub. L. 88-426 repealed provisions which prescribed annual

rate of compensation of Commissioner.

1959 - Pub. L. 86-370 authorized Secretary of Commerce to fix

compensation of examiners-in-chief.

1958 - Pub. L. 85-933 increased number of examiners-in-chief from

nine to not more than fifteen and specified annual compensation of

Commissioner.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Section 406(b) of Pub. L. 98-622 provided that: "The amendments

made by sections 401, 402, and 405 of this Act [amending this

section and sections 361, 366, 371, 372, and 376 of this title]

shall take effect six months after the date of the enactment of

this Act [Nov. 8, 1984]."

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-247 effective Aug. 27, 1982, see section

17(a) of Pub. L. 97-247, set out as a note under section 41 of this

title.

EFFECTIVE DATE OF 1975 AMENDMENTS

Section 4(b) of Pub. L. 93-601 provided that: "This Act [amending

this section and sections 7 and 151 of this title and enacting

provisions set out as a note under section 151 of this title] shall

be effective upon enactment [Jan. 2, 1975]. Examiners-in-chief in

office on the date of enactment shall continue in office under and

in accordance with their then existing appointments."

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of Title

15, Commerce and Trade.

EFFECTIVE DATE OF 1964 AMENDMENT

Amendment by Pub. L. 88-426 effective on first day of first pay

period which begins on or after July 1, 1964, except to the extent

provided in section 501(c) of Pub. L. 88-426, see section 501 of

Pub. L. 88-426.

EFFECTIVE DATE OF 1959 AMENDMENT

Section 7(b) of Pub. L. 86-370 provided that: "Sections 1

[amending this section, section 7 of this title, and provisions set

out as a note below], 3 [amending sections 2205 and 2208 of former

Title 5, Executive Departments and Government Officers and

Employees], and 6 [amending section 1082 of former Title 5 and

section 903 of Title 20, Education] of this Act shall become

effective on the first day of the first pay period which begins

after the date of enactment of this Act [Sept. 23, 1959]." Such

section 7(b) was repealed by Pub. L. 89-554, Sec. 8(a), Sept. 6,

1966, 80 Stat. 660.

REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES

References in laws to the rates of pay for GS-16, 17, or 18, or

to maximum rates of pay under the General Schedule, to be

considered references to rates payable under specified sections of

Title 5, Government Organization and Employees, see section 529

[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note

under section 5376 of Title 5.

EXISTING POSITIONS, COMPENSATION, AND APPOINTMENTS UNAFFECTED BY

PUB. L. 86-370 UNTIL ACTION TAKEN UNDER AMENDMENTS

Section 1(c) of Pub. L. 86-370 provided that: "The amendments

made by this section [amending sections 1 and 7 of this title]

shall not affect -

"(1) any position of examiner-in-chief or designated

examiner-in-chief existing immediately prior to the effective

date of this section [see Effective Date of 1959 Amendment note

set out above], or

"(2) any incumbent of any such position, his appointment

thereto, his rate of compensation, or his right to receive such

compensation,

until appropriate action is taken under authority of such

amendments."

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

35 USC Sec. 4 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 4. Restrictions on officers and employees as to interest in

patents

-STATUTE-

Officers and employees of the Patent and Trademark Office shall

be incapable, during the period of their appointments and for one

year thereafter, of applying for a patent and of acquiring,

directly or indirectly, except by inheritance or bequest, any

patent or any right or interest in any patent, issued or to be

issued by the Office. In patents applied for thereafter they shall

not be entitled to any priority date earlier than one year after

the termination of their appointment.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 793; Pub. L. 93-596, Sec. 1, Jan.

2, 1975, 88 Stat. 1949.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 4 (R.S. 480).

The language is revised and inability to apply for a patent,

included in the original language, is made explicit.

The period of disability is increased to include one year after

leaving the Office.

The further restriction, that no priority date earlier than one

year after leaving the Office can be claimed, is added.

The one year period is made inapplicable to applications which

may be pending when the revised title goes into effect by section

4(g) of the bill.

AMENDMENTS

1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"

for "Patent Office".

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of Title

15, Commerce and Trade.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 5 of this title.

-End-

-CITE-

35 USC Sec. 5 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 5. Patent and Trademark Office Public Advisory Committees

-STATUTE-

(a) Establishment of Public Advisory Committees. -

(1) Appointment. - The United States Patent and Trademark

Office shall have a Patent Public Advisory Committee and a

Trademark Public Advisory Committee, each of which shall have

nine voting members who shall be appointed by the Secretary of

Commerce and serve at the pleasure of the Secretary of Commerce.

Members of each Public Advisory Committee shall be appointed for

a term of 3 years, except that of the members first appointed,

three shall be appointed for a term of 1 year, and three shall be

appointed for a term of 2 years. In making appointments to each

Committee, the Secretary of Commerce shall consider the risk of

loss of competitive advantage in international commerce or other

harm to United States companies as a result of such appointments.

(2) Chair. - The Secretary shall designate a chair of each

Advisory Committee, whose term as chair shall be for 3 years.

(3) Timing of appointments. - Initial appointments to each

Advisory Committee shall be made within 3 months after the

effective date of the Patent and Trademark Office Efficiency Act.

Vacancies shall be filled within 3 months after they occur.

(b) Basis for Appointments. - Members of each Advisory Committee

-

(1) shall be citizens of the United States who shall be chosen

so as to represent the interests of diverse users of the United

States Patent and Trademark Office with respect to patents, in

the case of the Patent Public Advisory Committee, and with

respect to trademarks, in the case of the Trademark Public

Advisory Committee;

(2) shall include members who represent small and large entity

applicants located in the United States in proportion to the

number of applications filed by such applicants, but in no case

shall members who represent small entity patent applicants,

including small business concerns, independent inventors, and

nonprofit organizations, constitute less than 25 percent of the

members of the Patent Public Advisory Committee, and such members

shall include at least one independent inventor; and

(3) shall include individuals with substantial background and

achievement in finance, management, labor relations, science,

technology, and office automation.

In addition to the voting members, each Advisory Committee shall

include a representative of each labor organization recognized by

the United States Patent and Trademark Office. Such representatives

shall be nonvoting members of the Advisory Committee to which they

are appointed.

(c) Meetings. - Each Advisory Committee shall meet at the call of

the chair to consider an agenda set by the chair.

(d) Duties. - Each Advisory Committee shall -

(1) review the policies, goals, performance, budget, and user

fees of the United States Patent and Trademark Office with

respect to patents, in the case of the Patent Public Advisory

Committee, and with respect to Trademarks, in the case of the

Trademark Public Advisory Committee, and advise the Director on

these matters;

(2) within 60 days after the end of each fiscal year -

(A) prepare an annual report on the matters referred to in

paragraph (1);

(B) transmit the report to the Secretary of Commerce, the

President, and the Committees on the Judiciary of the Senate

and the House of Representatives; and

(C) publish the report in the Official Gazette of the United

States Patent and Trademark Office.

(e) Compensation. - Each member of each Advisory Committee shall

be compensated for each day (including travel time) during which

such member is attending meetings or conferences of that Advisory

Committee or otherwise engaged in the business of that Advisory

Committee, at the rate which is the daily equivalent of the annual

rate of basic pay in effect for level III of the Executive Schedule

under section 5314 of title 5. While away from such member's home

or regular place of business such member shall be allowed travel

expenses, including per diem in lieu of subsistence, as authorized

by section 5703 of title 5.

(f) Access to Information. - Members of each Advisory Committee

shall be provided access to records and information in the United

States Patent and Trademark Office, except for personnel or other

privileged information and information concerning patent

applications required to be kept in confidence by section 122.

(g) Applicability of Certain Ethics Laws. - Members of each

Advisory Committee shall be special Government employees within the

meaning of section 202 of title 18.

(h) Inapplicability of Federal Advisory Committee Act. - The

Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to

each Advisory Committee.

(i) Open Meetings. - The meetings of each Advisory Committee

shall be open to the public, except that each Advisory Committee

may by majority vote meet in executive session when considering

personnel, privileged, or other confidential information.

(j) Inapplicability of Patent Prohibition. - Section 4 shall not

apply to voting members of the Advisory Committees.

-SOURCE-

(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4714], Nov. 29, 1999, 113 Stat. 1536, 1501A-578; amended Pub. L.

107-273, div. C, title III, Secs. 13203(b), 13206(a)(3), Nov. 2,

2002, 116 Stat. 1902, 1904.)

-REFTEXT-

REFERENCES IN TEXT

For the effective date of the Patent and Trademark Office

Efficiency Act, referred to in subsec. (a)(3), as 4 months after

Nov. 29, 1999, see section 1009(a)(9) [title IV, Sec. 4731] of Pub.

L. 106-113, set out as an Effective Date of 1999 Amendment note

under section 1 of this title.

The Federal Advisory Committee Act, referred to in subsec. (h),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 5, act July 19, 1952, ch. 950, 66 Stat. 793,

related to bond of Commissioner and other officers, prior to repeal

by Pub. L. 92-310, title II, Sec. 208(a), June 6, 1972, 86 Stat.

203.

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-273, Sec. 13206(a)(3), struck out

", United States Code" after "title 5" in two places.

Subsec. (g). Pub. L. 107-273, Sec. 13206(a)(3), struck out ",

United States Code" after "title 18".

Subsec. (i). Pub. L. 107-273, Sec. 13203(b)(1), inserted ",

privileged," after "personnel".

Subsec. (j). Pub. L. 107-273, Sec. 13203(b)(2), added subsec.

(j).

EFFECTIVE DATE

Section effective 4 months after Nov. 29, 1999, see section

1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as an

Effective Date of 1999 Amendment note under section 1 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3 of this title.

-End-

-CITE-

35 USC Sec. 6 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 6. Board of Patent Appeals and Interferences

-STATUTE-

(a) Establishment and Composition. - There shall be in the United

States Patent and Trademark Office a Board of Patent Appeals and

Interferences. The Director, the Commissioner for Patents, the

Commissioner for Trademarks, and the administrative patent judges

shall constitute the Board. The administrative patent judges shall

be persons of competent legal knowledge and scientific ability who

are appointed by the Director.

(b) Duties. - The Board of Patent Appeals and Interferences

shall, on written appeal of an applicant, review adverse decisions

of examiners upon applications for patents and shall determine

priority and patentability of invention in interferences declared

under section 135(a). Each appeal and interference shall be heard

by at least three members of the Board, who shall be designated by

the Director. Only the Board of Patent Appeals and Interferences

may grant rehearings.

-SOURCE-

(Added Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec.

4717(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580; amended Pub. L.

107-273, div. C, title III, Sec. 13203(a)(2), Nov. 2, 2002, 116

Stat. 1902.)

-MISC1-

PRIOR PROVISIONS

A prior section 6, acts July 19, 1952, ch. 950, 66 Stat. 793;

Pub. L. 92-132, Oct. 5, 1971, 85 Stat. 364; Pub. L. 93-596, Sec. 1,

Jan. 2, 1975, 88 Stat. 1949; Pub. L. 94-131, Sec. 2, Nov. 14, 1975,

89 Stat. 690; Pub. L. 97-247, Secs. 7, 13, Aug. 27, 1982, 96 Stat.

320, 321; Pub. L. 102-204, Sec. 8, Dec. 10, 1991, 105 Stat. 1641,

related to duties of Commissioner, prior to repeal by Pub. L.

106-113, div. B, Sec. 1000(a)(9) [title IV, Secs. 4715(a), 4731],

Nov. 29, 1999, 113 Stat. 1536, 1501A-580, 1501A-581, effective 4

months after Nov. 29, 1999.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, which directed amendment of

subsec. (a) by inserting "the Deputy Commissioner," after

"Commissioner,", could not be executed because "Commissioner," did

not appear in subsec. (a).

EFFECTIVE DATE

Section effective 4 months after Nov. 29, 1999, see section

1000(a)(9) [title IV, Sec. 4731] of Pub. L. 106-113, set out as an

Effective Date of 1999 Amendment note under section 1 of this

title.

-End-

-CITE-

35 USC Sec. 7 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 7. Library

-STATUTE-

The Director shall maintain a library of scientific and other

works and periodicals, both foreign and domestic, in the Patent and

Trademark Office to aid the officers in the discharge of their

duties.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 793, Sec. 8; Pub. L. 93-596, Sec.

1, Jan. 2, 1975, 88 Stat. 1949; renumbered Sec. 7 and amended Pub.

L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs. 4717(1),

4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580,

1501A-582; Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B),

Nov. 2, 2002, 116 Stat. 1906.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 10 (R.S. 486).

Some change in language has been made. "Purchased" is changed to

"maintained" to include the existing library and keeping it up by

additions. The phrase "and other" is added to include legal works.

The last phrase of the corresponding section of the existing

statute is omitted as unnecessary.

PRIOR PROVISIONS

A prior section 7, acts July 19, 1952, ch. 950, 66 Stat. 793;

Pub. L. 85-933, Sec. 2, Sept. 6, 1958, 72 Stat. 1793; Pub. L.

86-370, Sec. 1(b), Sept. 23, 1959, 73 Stat. 650; Pub. L. 93-596,

Sec. 1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 93-601, Sec. 2, Jan.

2, 1975, 88 Stat. 1956; Pub. L. 98-622, title II, Sec. 201(a), Nov.

8, 1984, 98 Stat. 3386, established the Board of Patent Appeals and

Interferences, prior to repeal by Pub. L. 106-113, div. B, Sec.

1000(a)(9) [title IV, Secs. 4717(1), 4731], Nov. 29, 1999, 113

Stat. 1536, 1501A-580, 1501A-581, effective 4 months after Nov. 29,

1999.

AMENDMENTS

2002 - Pub. L. 107-273 made technical correction to directory

language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)]. See 1999 Amendment note below.

1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted

"Director" for "Commissioner".

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4717(1)],

renumbered section 8 of this title as this section.

1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"

for "Patent Office".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of Title

15, Commerce and Trade.

-End-

-CITE-

35 USC Sec. 8 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 8. Classification of patents

-STATUTE-

The Director may revise and maintain the classification by

subject matter of United States letters patent, and such other

patents and printed publications as may be necessary or

practicable, for the purpose of determining with readiness and

accuracy the novelty of inventions for which applications for

patent are filed.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 794, Sec. 9; renumbered Sec. 8

and amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,

Secs. 4717(1), 4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536,

1501A-580, 1501A-582; Pub. L. 107-273, div. C, title III, Sec.

13206(b)(1)(B), Nov. 2, 2002, 116 Stat. 1906.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 6 note (June 10, 1898,

ch. 430, Sec. 1, 30 Stat. 440).

Changes in language are made.

PRIOR PROVISIONS

A prior section 8 was renumbered section 7 of this title.

AMENDMENTS

2002 - Pub. L. 107-273 made technical correction to directory

language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)]. See 1999 Amendment note below.

1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted

"Director" for "Commissioner".

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4717(1)],

renumbered section 9 of this title as this section.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

-End-

-CITE-

35 USC Sec. 9 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 9. Certified copies of records

-STATUTE-

The Director may furnish certified copies of specifications and

drawings of patents issued by the Patent and Trademark Office, and

of other records available either to the public or to the person

applying therefor.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 794, Sec. 10; Pub. L. 93-596,

Sec. 1, Jan. 2, 1975, 88 Stat. 1949; renumbered Sec. 9 and amended

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs. 4717(1),

4732(a)(10)(A)], Nov. 29, 1999, 113 Stat. 1536, 1501A-580,

1501A-582; Pub. L. 107-273, div. C, title III, Sec. 13206(b)(1)(B),

Nov. 2, 2002, 116 Stat. 1906.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 14 (Mar. 3, 1891, ch.

541, Sec. 1 (part), 26 Stat. 908, 940).

Reference to other records is added. The fee for certification is

omitted as it appears in the table of fees.

PRIOR PROVISIONS

A prior section 9 was renumbered section 8 of this title.

AMENDMENTS

2002 - Pub. L. 107-273 made technical correction to directory

language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)]. See 1999 Amendment note below.

1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], as amended by Pub. L. 107-273, substituted

"Director" for "Commissioner".

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4717(1)],

renumbered section 10 of this title as this section.

1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"

for "Patent Office".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of Title

15, Commerce and Trade.

-End-

-CITE-

35 USC Sec. 10 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 10. Publications

-STATUTE-

(a) The Director may publish in printed, typewritten, or

electronic form, the following:

1. Patents and published applications for patents, including

specifications and drawings, together with copies of the same. The

Patent and Trademark Office may print the headings of the drawings

for patents for the purpose of photolithography.

2. Certificates of trade-mark registrations, including statements

and drawings, together with copies of the same.

3. The Official Gazette of the United States Patent and Trademark

Office.

4. Annual indexes of patents and patentees, and of trade-marks

and registrants.

5. Annual volumes of decisions in patent and trade-mark cases.

6. Pamphlet copies of the patent laws and rules of practice, laws

and rules relating to trade-marks, and circulars or other

publications relating to the business of the Office.

(b) The Director may exchange any of the publications specified

in items 3, 4, 5, and 6 of subsection (a) of this section for

publications desirable for the use of the Patent and Trademark

Office.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 794, Sec. 11; Pub. L. 93-596,

Sec. 1, Jan. 2, 1975, 88 Stat. 1949; renumbered Sec. 10 and amended

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs. 4507(1),

4717(1), 4732(a)(10)(A), 4804(b)], Nov. 29, 1999, 113 Stat. 1536,

1501A-565, 1501A-580, 1501A-582, 1501A-589; Pub. L. 107-273, div.

C, title III, Secs. 13205(2)(A), 13206(b)(1)(B), (3)(A), Nov. 2,

2002, 116 Stat. 1903, 1906.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Secs. 13 and 16 (R.S. 489;

July 9, 1947, ch. 211, Sec. 301 (part), 61 Stat. 299, repeated in

prior and subsequent appropriation acts).

Section is amplified to list the publications of the Patent

Office, based on 44 U.S.C., 1946 ed., Secs. 283, 283a.

The second sentence of item 1 of the revised section is a

provision appearing annually in appropriation acts to enable the

Patent Office to maintain a small printing press to place headings

on drawings before the drawings are reproduced.

Language is changed.

PRIOR PROVISIONS

A prior section 10 was renumbered section 9 of this title.

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-273, Sec. 13206(b)(3)(A), amended

directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV,

Sec. 4804(b)]. See 1999 Amendment note below.

Subsec. (a)1. Pub. L. 107-273, Sec. 13205(2)(A), made technical

correction to directory language of Pub. L. 106-113, Sec.

1000(a)(9) [title IV, Sec. 4507(1)]. See 1999 Amendment note below.

Subsec. (b). Pub. L. 107-273, Sec. 13206(b)(1)(B), made technical

correction to directory language of Pub. L. 106-113, Sec.

1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note

below.

1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4717(1)],

renumbered section 11 of this title as this section.

Subsec. (a). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4804(b)], as amended by Pub. L. 107-273, Sec. 13206(b)(3)(A), which

directed the general amendment of the introductory provisions of

subsec. (a) of section 10 of this title to read "The Director may

publish in printed, typewritten, or electronic form, the

following:", was executed to this section, which was section 11 of

this title, to reflect the probable intent of Congress. This

section was subsequently renumbered section 10 of this title by

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4717(1)]. Prior to

amendment, introductory provisions of subsec. (a) read as follows:

"The Commissioner may print, or cause to be printed, the

following:". See note above and Effective Date of 1999 Amendment

note below.

Subsec. (a)1. Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4507(1)], as amended by Pub. L. 107-273, Sec. 13205(2)(A), inserted

"and published applications for patents" after "Patents".

Subsec. (b). Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4732(a)(10)(A)], as amended by Pub. L. 107-273, Sec.

13206(b)(1)(B), substituted "Director" for "Commissioner".

1975 - Pub. L. 93-596 substituted "Patent and Trademark Office"

for "Patent Office", wherever appearing.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Sec. 4508],

Nov. 29, 1999, 113 Stat. 1536, 1501A-566, as amended by Pub. L.

107-273, div. C, title III, Sec. 13205(3), Nov. 2, 2002, 116 Stat.

1903, provided that: "Except as otherwise provided in this section,

sections 4502 through 4504 and 4506 through 4507 [amending sections

10 to 12, 119, 120, 122, 135, 154, 181, 252, 284, and 374 of this

title and enacting provisions set out as notes under sections 41

and 122 of this title], and the amendments made by such sections,

shall be effective as of November 29, 2000, and shall apply only to

applications (including international applications designating the

United States) filed on or after that date. The amendments made by

section 4504 [amending section 154 of this title] shall

additionally apply to any pending application filed before November

29, 2000, if such pending application is published pursuant to a

request of the applicant under such procedures as may be

established by the Director. Except as otherwise provided in this

section, the amendments made by section 4505 [amending section 102

of this title] shall be effective as of November 29, 2000 and shall

apply to all patents and all applications for patents pending on or

filed after November 29, 2000. Patents resulting from an

international application filed before November 29, 2000 and

applications published pursuant to section 122(b) [probably means

section 122(b) of title 35] or Article 21(2) of the treaty defined

in section 351(a) [probably means section 351(a) of title 35]

resulting from an international application filed before November

29, 2000 shall not be effective as prior art as of the filing date

of the international application; however, such patents shall be

effective as prior art in accordance with section 102(e) in effect

on November 28, 2000."

Amendment by section 1000(a)(9) [title IV, Secs. 4717(1),

4732(a)(10)(A)] of Pub. L. 106-113 effective 4 months after Nov.

29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-596 effective Jan. 2, 1975, see section 4

of Pub. L. 93-596, set out as a note under section 1111 of Title

15, Commerce and Trade.

-End-

-CITE-

35 USC Sec. 11 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 11. Exchange of copies of patents and applications with

foreign countries

-STATUTE-

The Director may exchange copies of specifications and drawings

of United States patents and published applications for patents for

those of foreign countries. The Director shall not enter into an

agreement to provide such copies of specifications and drawings of

United States patents and applications to a foreign country, other

than a NAFTA country or a WTO member country, without the express

authorization of the Secretary of Commerce. For purposes of this

section, the terms "NAFTA country" and "WTO member country" have

the meanings given those terms in section 104(b).

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 794, Sec. 12; renumbered Sec. 11

and amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,

Secs. 4507(2), 4717(1), 4732(a)(10)(A), 4808], Nov. 29, 1999, 113

Stat. 1536, 1501A-565, 1501A-580, 1501A-582, 1501A-591; Pub. L.

107-273, div. C, title III, Secs. 13205(2)(B), 13206(b)(1)(B), Nov.

2, 2002, 116 Stat. 1903, 1906.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Secs. 15, and 78, part (Jan.

14, 1915, 38 Stat. 1221; Feb. 18, 1922, ch. 58, Sec. 9, proviso in,

42 Stat. 393).

The first act mentioned applies to Canada only, the second to any

country; these are consolidated in one section, specific reference

to one country not being necessary.

Language is changed.

PRIOR PROVISIONS

A prior section 11 was renumbered section 10 of this title.

AMENDMENTS

2002 - Pub. L. 107-273, Sec. 13206(b)(1)(B), made technical

correction to directory language of Pub. L. 106-113, Sec.

1000(a)(9) [title IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note

below.

Pub. L. 107-273, Sec. 13205(2)(B), made technical correction to

directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV,

Sec. 4507(2)]. See 1999 Amendment note below.

1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4808],

inserted at end "The Director shall not enter into an agreement to

provide such copies of specifications and drawings of United States

patents and applications to a foreign country, other than a NAFTA

country or a WTO member country, without the express authorization

of the Secretary of Commerce. For purposes of this section, the

terms 'NAFTA country' and 'WTO member country' have the meanings

given those terms in section 104(b)."

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)],

as amended by Pub. L. 107-273, Sec. 13206(b)(1)(B), substituted

"Director" for "Commissioner".

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4717(1)],

renumbered section 12 of this title as this section.

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4507(2)], as

amended by Pub. L. 107-273, Sec. 13205(2)(B), inserted "and

applications" after "patents" in section catchline and "and

published applications for patents" after "patents" in text.

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 1000(a)(9) [title IV, Sec. 4507(2)] of Pub.

L. 106-113 effective Nov. 29, 2000, and applicable only to

applications (including international applications designating the

United States) filed on or after that date, see section 1000(a)(9)

[title IV, Sec. 4508] of Pub. L. 106-113, as amended, set out as a

note under section 10 of this title.

Amendment by section 1000(a)(9) [title IV, Secs. 4717(1),

4732(a)(10)(A)] of Pub. L. 106-113 effective 4 months after Nov.

29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

-End-

-CITE-

35 USC Sec. 12 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 12. Copies of patents and applications for public libraries

-STATUTE-

The Director may supply copies of specifications and drawings of

patents and published applications for patents in printed or

electronic form to public libraries in the United States which

shall maintain such copies for the use of the public, at the rate

for each year's issue established for this purpose in section 41(d)

of this title.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 794, Sec. 13; Pub. L. 97-247,

Sec. 15, Aug. 27, 1982, 96 Stat. 321; renumbered Sec. 12 and

amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV, Secs.

4507(3), 4717(1), 4732(a)(10)(A), 4804(c)], Nov. 29, 1999, 113

Stat. 1536, 1501A-565, 1501A-580, 1501A-582, 1501A-589; Pub. L.

107-273, div. C, title III, Secs. 13205(2)(C), 13206(b)(1)(B),

(3)(B), Nov. 2, 2002, 116 Stat. 1903, 1906.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 78, part (R.S. 4934,

Feb. 18, 1922, ch. 58, Sec. 9, 42 Stat. 389, 393, amended June 15,

1950, ch. 249, 64 Stat. 215).

The proviso in the schedule of fees of the existing statute is

made a separate section and some changes in language are made.

PRIOR PROVISIONS

A prior section 12 was renumbered section 11 of this title.

AMENDMENTS

2002 - Pub. L. 107-273, Sec. 13206(b)(3)(B), amended directory

language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec.

4804(c)]. See 1999 Amendment note below.

Pub. L. 107-273, Sec. 13206(b)(1)(B), made technical correction

to directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title

IV, Sec. 4732(a)(10)(A)]. See 1999 Amendment note below.

Pub. L. 107-273, Sec. 13205(2)(C), made technical correction to

directory language of Pub. L. 106-113, Sec. 1000(a)(9) [title IV,

Sec. 4507(3)]. See 1999 Amendment note below.

1999 - Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4804(c)],

as amended by Pub. L. 107-273, Sec. 13206(b)(3)(B), which directed

amendment of section 12 of this title by substituting "copies of

specifications and drawings of patents in printed or electronic

form" for "printed copies of specifications and drawings of

patents", was executed to this section, which was section 13 of

this title, to reflect the probable intent of Congress. This

section was subsequently renumbered section 12 of this title by

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4717(1)]. See note

above and Effective Date of 1999 Amendment note below.

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4732(a)(10)(A)],

as amended by Pub. L. 107-273, Sec. 13206(b)(1)(B), substituted

"Director" for "Commissioner".

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4717(1)],

renumbered section 13 of this title as this section.

Pub. L. 106-113, Sec. 1000(a)(9) [title IV, Sec. 4507(3)], as

amended by Pub. L. 107-273, Sec. 13205(2)(C), inserted "and

applications" after "patents" in section catchline and "and

published applications for patents" after "patents" in text.

1982 - Pub. L. 97-247 substituted "section 41(d)" for "section

41(a)9".

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by section 1000(a)(9) [title IV, Sec. 4507(3)] of Pub.

L. 106-113 effective Nov. 29, 2000, and applicable only to

applications (including international applications designating the

United States) filed on or after that date, see section 1000(a)(9)

[title IV, Sec. 4508] of Pub. L. 106-113, as amended, set out as a

note under section 10 of this title.

Amendment by section 1000(a)(9) [title IV, Secs. 4717(1),

4732(a)(10)(A)] of Pub. L. 106-113 effective 4 months after Nov.

29, 1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-247 effective Aug. 27, 1982, see section

17(a) of Pub. L. 97-247, set out as a note under section 41 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 41 of this title.

-End-

-CITE-

35 USC Sec. 13 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

Sec. 13. Annual report to Congress

-STATUTE-

The Director shall report to the Congress, not later than 180

days after the end of each fiscal year, the moneys received and

expended by the Office, the purposes for which the moneys were

spent, the quality and quantity of the work of the Office, the

nature of training provided to examiners, the evaluation of the

Commissioner of Patents and the Commissioner of Trademarks by the

Secretary of Commerce, the compensation of the Commissioners, and

other information relating to the Office.

-SOURCE-

(July 19, 1952, ch. 950, 66 Stat. 794, Sec. 14; renumbered Sec. 13

and amended Pub. L. 106-113, div. B, Sec. 1000(a)(9) [title IV,

Secs. 4717(1), 4718], Nov. 29, 1999, 113 Stat. 1536, 1501A-580,

1501A-581.)

-MISC1-

HISTORICAL AND REVISION NOTES

Based on Title 35, U.S.C., 1946 ed., Sec. 20 (R.S. 494).

Language is changed. The lists referred to in the corresponding

section of existing statute, and which are omitted from the revised

section, are the indexes provided for in section 11(a)4. The month

of reporting is omitted. The report contemplated by R.S. 494 has

been discontinued since 1925 under authority of 44 U.S.C., 1946

ed., Sec. 212.

PRIOR PROVISIONS

A prior section 13 was renumbered section 12 of this title.

AMENDMENTS

1999 - Pub. L. 106-113 renumbered section 14 of this title as

this section and amended section catchline and text generally.

Prior to amendment, text read as follows: "The Commissioner shall

report to Congress annually the moneys received and expended,

statistics concerning the work of the Office, and other information

relating to the Office as may be useful to the Congress or the

public."

EFFECTIVE DATE OF 1999 AMENDMENT

Amendment by Pub. L. 106-113 effective 4 months after Nov. 29,

1999, see section 1000(a)(9) [title IV, Sec. 4731] of Pub. L.

106-113, set out as a note under section 1 of this title.

REPORT TO CONGRESS

Pub. L. 100-703, title I, Sec. 103(c), Nov. 19, 1988, 102 Stat.

4674, provided that: "The Secretary of Commerce shall, on the day

on which the President submits the annual budget to the Congress,

provide to the Committees on the Judiciary of the Senate and the

House of Representatives -

"(1) a list of patent and trademark fee collections by the

Patent and Trademark Office during the preceding fiscal year;

"(2) a list of activities of the Patent and Trademark Office

during the preceding fiscal year which were supported by patent

fee expenditures, trademark fee expenditures, and appropriations;

"(3) budget plans for significant programs, projects, and

activities of the Office, including out-year funding estimates;

"(4) any proposed disposition of surplus fees by the Office;

and

"(5) such other information as the committees consider

necessary."

Similar provisions were contained in the following prior

authorization act:

Pub. L. 99-607, Sec. 3(c), Nov. 6, 1986, 100 Stat. 3471.

COMPUTERIZED DATA AND RETRIEVAL SYSTEM; REPORT TO CONGRESS

Pub. L. 96-517, Sec. 9, Dec. 12, 1980, 94 Stat. 3028, directed

the Commissioner of Patents and Trademarks to report to Congress,

within two years after Dec. 12, 1980, a plan to identify, and if

necessary develop or have developed, computerized data and

retrieval systems equivalent to the latest state of the art which

could be applied to all aspects of the operation of the Patent and

Trademark Office, and particularly to the patent search file, the

patent classification system, and the trademark search file. The

report was to specify the cost of implementing the plan, and how

rapidly the plan could be implemented by the Patent and Trademark

Office, without regard to the availability of future funding.

-End-

-CITE-

35 USC Sec. 14 01/06/03

-EXPCITE-

TITLE 35 - PATENTS

PART I - UNITED STATES PATENT AND TRADEMARK OFFICE

CHAPTER 1 - ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

-HEAD-

[Sec. 14. Renumbered Sec. 13]

-STATUTE-

-End-