Prince William Sound Oil Spill Recovery Institute established under section 2731 of this title, shall not be eligible to receive grants under this paragraph until the authorization for funding under section 2736(b) of this title expires.

[See main edition for text of (10) and (11); (d) to (f)] (As amended Pub. L. 104-324, title XI, §§ 1102(c)(2), 1108, Oct. 19, 1996, 110 Stat. 3966, 3968; Pub. L. 104–332, §2(h)(1), (2), Oct. 26, 1996, 110 Stat. 4091.)

AMENDMENTS

1996 Subsec. (c)(2)(D). Pub. L. 104-324, §1108, inserted ", and the Center for Marine Training and Safety in Galveston, Texas" before semicolon at end.

Subsec. (c)(6). Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 104-646, § 4002(1). See 1990 Amendment note below.

Subsec. (c)(9). Pub. L. 104-324, §1102(c)(2), inserted "until the authorization for funding under section 2736(b) of this title expires" before period at end.

Subsec. (f). Pub. L. 104-332 made technical amendment to Pub. L. 101-646, § 4002(2). See 1990 Amendment note below.

1990 Subsec. (c)(6). Pub. L. 101-537, § 2002(1), and Pub. L. 101-646, §4002(1), as amended by Pub. L. 104-332, §2(h)(1), made substantially identical amendments, substituting "4" for "3" and inserting cl. (D).

Subsec. (f). Pub. L. 101-537, §2002(2), and Pub. L. 101-646, § 4002(2), as amended by Pub. L. 104-332, amended subsec. (f) identically, substituting "$22,000,000" for "$21,250,000" in introductory provisions and "$3,000,000" for "$2,250,000" in par. (2).

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2731 of this title.

CHAPTER 41-NATIONAL COASTAL MONITORING

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 1914 of this title. § 2802. Definitions

CONTIGUOUS ZONE OF UNITED STATES

For extension of contiguous zone of United States, see Proc. No. 7219, Sept. 2, 1999, 64 F.R. 48701, set out as a note under section 1331 of Title 43, Public Lands.

§ 2803. Comprehensive Coastal Water Quality Monitoring Program

§ 2804. Report to Congress

CHANGE OF NAME

Committee on Public Works and Transportation of House of Representatives treated as referring to Committee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress.

ABOLITION OF HOUSE COMMITTEE ON MERCHANT MARINE AND FISHERIES

Committee on Merchant Marine and Fisheries of House of Representatives abolished and its jurisdiction transferred by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. For treatment of references to Committee on Merchant Marine and Fisheries, see section 1(b)(3) of Pub. L. 104-14, set out as a note preceding section 21 of Title 2, The Congress.

1999-Pub. L. 106-113, div. B, §1000(a)(9) [title IV, § 4732(a)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A-581, substituted "United States Patent and Trademark Office" for "Patent and Trademark Office" in item I.

TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in title 11 section 101; title 15 sections 278n, 3703; title 17 sections 912, 1329; title 42 section 12002.

1999-Pub. L. 106-113, div. B, §1000(a)(9) [title IV, § 4732(a)(2), (3)]. Nov. 29, 1999, 113 Stat. 1536, 1501A-582, substituted "UNITED STATES PATENT AND TRADEMARK OFFICE" for "PATENT AND TRADEMARK OFFICE" in part heading and "Establishment, Officers and Employees, Functions" for "Establishment, Officers, Functions" in chapter 1 heading.

CHAPTER 1-ESTABLISHMENT, OFFICERS AND EMPLOYEES, FUNCTIONS

1999 - Pub. L. 106-113, div. B, §1000(a)(9) [title IV, § 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 "patent" in items 12 and 13.

Pub. L. 106-113. div. B, §1000(a)(9) [title IV, §§ 4507(4), 4508], Nov. 29, 1999, 113 Stat. 1536, 1501A-566, which di

Page 215

rected the insertion of "and applications" after "patents" in items 12 and 13, effective 1 year after Nov. 29, 1999, was not executed in item 12 to reflect the probable intent of Congress, and could not be executed in item 13, because the word "patents" did not appear subsequent to amendment by section 1000(a)(9) [title IV, § 4732(a)(4)] of Pub. L. 106–113, which amended analysis generally. See above.

§1. Establishment

(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".

(As amended Pub. L. 106-113, div. B, § 1000(a)(9) [title IV, §4711], Nov. 29, 1999, 113 Stat. 1536, 1501A-572.)

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 per

taining to patents and to trademark registrations shall be kept and preserved, except as otherwise provided by law."

EFFECTIVE DATE OF 1999 AMENDMENT

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

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, § 1000(a)(9) [§ 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. §1000(a)(9) [title IV, §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, § 1000(a)(9) [title IV, subtitle A, § 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, §1000(a)(9) [title IV, subtitle B, § 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, § 1000(a)(9) [title IV, subtitle C, § 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, §1000(a)(9) [title IV, subtitle D, § 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. §1000(a)(9) [title IV, subtitle E, § 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, § 1000(a)(9) [title IV, subtitle F, § 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. § 1000(a)(9) [title IV, subtitle G, § 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, §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, §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'."

TRANSFER OF FUNCTIONS AND ASSETS OF PATENT AND TRADEMARK OFFICE

Pub. L. 106-113, div. B, §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 termi

nated 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."

§2. Powers and duties

(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, United States Code;

(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;