2 1 "Chapter 1.-ESTABLISHMENT, OFFICERS, FUNCTIONS 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 "Sec. "1. Establishment. "2. Seal. "3. Officers and employees. "4. Restrictions on officers and employees as to interest in patents. "5. Bond of Commissioner and other officers. "6. Duties of Commissioner. "7. Board of Appeals. "8. Library. "9. Classification of search material. "10. Certified copies of records. "11. Publications. "12. Research and studies. "13. Advisory Council on the patent system. "§ 1. Establishment "The Patent Office shall be 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. "82. Seal "The Patent Office shall have a seal with which letters patent, certificates of trademark registrations, and papers issued from the Office shall be authenticated. "83. Officers and employees "(a) There shall be in the Patent Office a Commissioner of Patents, one first assistant administrator, two other assistant commissioners, and not more than twenty-four examiners-in-chief. The assistant commissioners shall perform the duties pertaining to the office of Commissioner assigned to them by the Commissioner. The first assistant 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 a Commissioner is 20 appointed and takes office. The Commissioner of Patents shall be 21 appointed by the President, by and with the advice and consent of the Senate. The Secretary of Commerce, upon the nomination of the Com23 missioner in accordance with law, shall appoint all other officers and 24 employees. 19 22 25 26 "(b) The Secretary of Commerce may vest in himself the functions of the Patent Office and its officers and employees specified in this title and may from time to time authorize their performance by any other 28 officer or employee. 27 29 "(c) The Secretary of Commerce is authorized to fix the per annum 30 rate of basic compensation of each examiner-in-chief in the Patent Office at not in excess of the maximum scheduled rate provided for 31 3 1 positions in grade 17 of the General Schedule of positions referred to 2 in section 5104 of title 5, United States Code, and of the assistant 3 commissioners at not in excess of the rate provided for positions in 4 grade 18. 5 "§ 4. Restrictions on officers and employees as to interest in 6 7 patents "Officers and employees of the Patent Office shall be incapable, dur8 ing the period of their appointments and for one year thereafter, of 9 applying for a patent and of acquiring, directly or indirectly, except by 10 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 12 they shall not be entitled to any priority date earlier than one year 13 after the termination of their appointment. 11 14 15 "§ 5. Bond of Commissioner and other officers "The Commissioner and such other officers as he designates, before 16 entering upon their duties, shall severally give bond, with sureties, the 17 former in the sum of $10,000, and the latter in sums prescribed by the 18 Commissioner, conditioned that they shall faithfully discharge their 19 respective duties and that they shall render to the proper officers of the 20 Treasury a true account of all money received by virtue of their offices. 21 "§ 6. Duties of Commissioner 22 23 "The Commissioner, under the direction of the Secretary of Commerce, shall superintend or perform all duties required by law respect24 ing the granting and issuing of patents and the registration of trade25 marks; and he shall have charge of property belonging to the Patent 26 Office. He may establish regulations, not inconsistent with law, for the 27 conduct of proceedings in the Patent Office. Such regulations and all other regulations issued pursuant to this title shall be subject to the approval of the Secretary of Commerce. 28 29 30 "87. Board of Appeals 31 32 33 34 35 36 37 38 39 40 "(a) The Commissioner, the assistant commissioners, and the examiners-in-chief shall constitute a Board of Appeals in the Patent Office. The examiners-in-chief shall be persons of competent legal knowledge and scientific ability, who shall be appointed under the classified Civil Service. "(b) The Board of Appeals shall: "(1) Review adverse decisions of the examiners upon applications for patents as provided in section 136 of this title. "(2) Reconsider determinations made by the Patent Office pursuant to section 257 of this title. 1 2 3 4 5 6 7 8 9 10 11 13 14 15 4 "(3) Perform the functions specified as being performed by a Board of Patent Interferences in Public Law 593, Eighty-second Congress (ch. 950, 66 Stat. 792, section 1), and in other Acts of Congress and when performing said function shall constitute a Board of Patent Interferences. "(c) Each appeal or other action shall be heard or considered by at least three members of the Board of Appeals. The Board of Appeals has sole power to grant rehearings. "(d) Whenever the Commissioner considers it necessary to maintain the work of the Board of Appeals current, he may designate any patent examiner of the primary examiner grade or higher having the requisite 12 ability, to serve as acting examiner-in-chief for periods not exceeding six months each. An examiner so designated shall be qualified to act as a member of the Board of Appeals. Not more than one acting examiner-in-chief shall be a member of the Board of Appeals hearing an 16 appeal or considering a case. The Secretary of Commerce is authorized 17 to fix the per annum rate of basic compensation of each acting examiner-in-chief in the Patent Office at not in excess of the maximum scheduled rate provided for positions in grade 16 of the General Schedule of positions referred to in section 5104 of title 5, United States Code. The per annum rate of basic compensation of each acting examiner-inchief shall be adjusted, at the close of the period for which he was designated to act as examiner-in-chief, to the per annum rate of basic 24 compensation which he would have been receiving at the close of such 25 period if such designation had not been made. 18 19 20 21 22 23 26 27 "88. Library "The Commissioner shall maintain a library of scientific and other 28 works and periodicals, both foreign and domestic, in the Patent Office to aid the officers in the discharge of their duties. 29 30 31 32 33 "89. Classification of search material "The Commissioner shall maintain a classification by subject matter of published specifications of United States patents and applications and of such other disclosures in tangible form of scientific and technical information as may be necessary or practicable, in such form as he may determine from time to time best suited, for the purpose of deter36 mining with readiness and accuracy the novelty of inventions for 37 which applications for patent are filed. "The Commissioner may, upon payment of the prescribed fee, 5 1 furnish certified copies of records of the Patent Office to persons 2 entitled thereto. 3 4 "§ 11. Publications "(a) The Commissioner may publish, in such formats as he shall 5 determine most suitable under applicable laws and regulations, the 6 following: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 32 "(1) Patent applications and parts thereof, subject to the provisions of this title, patent abstracts and patents, including specifications and drawings, together with copies of the same. "(2) Certificates of trademark registrations, including statements and drawings, together with copies of the same. "(3) The Official Gazette of the United States Patent Office. "(4) Annual indices of patents and patentees, published applications and applicants, and of trademarks and registrants. "(5) Annual volumes of decisions in patent and trademark cases. "(6) Classification manuals and indices of the classifications of patents. "(7) Pamphlet copies of the patent laws and rules of practice, laws and rules relating to trademarks and circulars or other publications relating to the business of the Office. "(b) The Commissioner may exchange any of the publications specified in subsection (a) of this section for publications desirable for the use of the Patent Office. "§ 12. Research and studies "(a) The Commissioner shall conduct a program of research and development to improve and expedite the handling, classification, storage, and retrieval of patents and other scientific and technical information. "(b) The Commissioner, in consultation with the Advisory Council 31 established pursuant to section 13 of this title, shall conduct and sponsor studies to aid in analyzing the contemporary needs of the 33 patent system and in evaluating the effectiveness of the patent system in serving the public interest. 34 35 36 "§ 13. Advisory Council on the Patent System "(a) There is hereby established an Advisory Council on the Patent 37 System (referred to in this section as the 'Council') of not less than twelve nor more than twenty-four members to be appointed by the Secretary of Commerce from the general public, without regard to the 38 39 6 1 civil service laws, and to consist of persons having experience with, 2 and representative of, the various interests affected by the patent sys 3 4 5 tem. The Secretary of Commerce shall designate the Chairman of the Council and set the terms of the members. "(b) It shall be the duty of the Council, on a continuing basis, to 6 evaluate the effectiveness of the patent system in serving the public 7 interest; to analyze the contemporary conditions and needs of the 8 patent system; to study and appraise the methods and operations of the United States Patent Office including the quality of United States 10 patents, the procedures and timing of publication of pending applica11 tions, and the needs of examination; and to report to the Secretary 12 of Commerce its conclusions and recommendations. 9 13 14 15 16 17 18 19 20 21 "(c) The Secretary of Commerce shall furnish to the Council an executive secretary and such professional, secretarial, clerical, and other services and facilities as are necessary to the conduct of its business. "Chapter 2.—PROCEEDINGS IN THE PATENT OFFICE "Sec. "21. Day for taking action falling on Saturday, Sunday, or holiday. "22. Form of papers filed. "23. Testimony in Patent Office cases. "24. Subpenas, witnesses. "25. Oath and declaration in lieu of oath. "26. Effect of defective execution. "§ 21. Day for taking action falling on Saturday, Sunday, or holiday "When the day, or the last day, for taking any action or paying any fee in the United States Patent Office falls on Saturday, Sunday, or a holiday within the District of Columbia, the action may be taken, or 23 the fee paid, on the next succeeding secular or business day. 222 24 25 26 27 "§ 22. Form of papers filed "The Commissioner may, by rule, prescribe the form, and the number and manner of reproduction of copies, of papers filed in the Patent Office. 28 "§ 23. Testimony in Patent Office cases 29 "The Commissioner may establish rules for taking affidavits and 30 depositions required in cases in the Patent Office. Any officer author31 ized by law to take depositions to be used in the courts of the United 32 States, or of the State where he resides, may take such affidavits and 33 depositions. 34 "824. Subpenas, witnesses 35 "The clerk of any United States court for the district wherein testi36 mony is to be taken for use in any matter pending in the Patent Office, 90-355 O-68- pt. 2 - 10 |