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Section 3.-Officers and employees
(a) There shall be in the Patent Office a Commissioner of Patents, a deputy commissioner, two assistant commissioners, and not more than twenty-four examiners-in-chief. 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, the deputy commissioner, and the assistant commissioner 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 Office and its officers and employees specified in this title and may from time to time authorize their performance by any other officer or ployee.
(c) The Secretary of Commerce is authorized to fix the per annum rate of basic compensation of each examiner-in-chief in the Patent 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. Section 4.—Restiction on officers and employees as to interest in patents
Officers and employees of the Patent Office shall be incapable, during the period of their appointments and for one year thereafter, of applying for a patent or, during such period and for one year thereafter, being named an an inventor in an application for patent for an invetion made during such period or for one year thereafter 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. Such applications for patent thereafter shall not be entitled to any priority date earlier than one year after the termination of their appointment. Section 5.—(Omitted.) Section 6.-Duties of Commissioner
(a) The Commissioner, under the direction of the Secretary of Commerce, shall superintend or perform all duties required by law respecting the granting and issuing of patents and the registration of trademarks; shall have the authority to carry on studies and programs regarding domestic and international patent and trademark law; and shall have charge of property belonging to the Patent Office. He may, subject to the approval of the Secretary of Commerce, establish regulations, not inconsistent with law, for the conduct of proceedings in the Patent Office.
(b) The Commissioner, under the direction of the Secretary of Commerce, may, in coordination with the Department of State, carry on programs and studies cooperatively with foreign patent offices and international intergovernmental organizations, or may authorize such programs and studies to be carried on, in connection with the performance of duties stated in subsection (a) of this section.
(c) The Commissioner, under the direction of the Secretary of Commerce, may, with the concurrence of the Secretary of State, transfer funds appropriated to the Patent Office, 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 related matters. These special payments may be in addition to any other payments or contributions to the international organization and shall not be subject to any limitations imposed by law on the amounts of such other payments or contributions by the Government of the United States. Section 7.—Board of Appeals
(a) The Commissioner, the deputy 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 primary examiners upon applications for patents as provided in section 134 of this title.
(2) Review or consider actions arising under chapter 18 of this title.
(3) Perform the functions specified as being performed by a Board of Patent Interferences 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 decided by at least three members of the Board of Appeals. The Board of Appeals has sole power to reconsider its decision.
(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 ability, to serve as 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 such designated examiner-in-chief shall be a member of the Board of Appeals hearing an appeal or considering a case. The Secretary of Commerce is authorized to fix the per annum rate of basic compensation of each designated 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 designated examiner-in-chief 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 compensation which he would have been receiving at the close of such period if such designation had not been made. Section 8.-Library
The Commissioner shall maintain a library of scientific and other works and periodicals, both foreign and domestic, in the patent Office to aid the officers in the discharge of their duties. Section 9.-Classification of patents
The Commissioner may maintain with appropriate revisions the classification by subject matter of published specifications of United States patents and of such other patents and applications and other scientific and technical in. formation as may be necessary or practicable, for the purpose of determining with readiness and accuracy the patentability of inventions for which applications for patent are filed. Section 10.-Certified copies of records
The Commissioner may, upon payment of the prescribed fee, furnish certi. fied copies of records of the Patent Office to persons entitled thereto. Section 11. Publications and public services
(b) The Commissioner may cause to be published, in such format as he determines to be suitable, the following:
(1) The specifications and drawings of patents, and patent applications; subject to the provisions of this title.
(2) Certificates of trademark registrations, including statements and drawings. (b) The Commissioner may cause to be published, in such format he he determines to be suitable, the following:
(1) Patent abstracts.
(3) Annual indices of patents, published applications and of trademarks and information concerning the same.
(4) Annual volumes of decisions in patent and trademark cases.
(6) Pamphlet copies of the patent laws and rules of practice, laws, and rules relating to trademarks and circulars or other publications re
lating to the business of the Office. (c) The Patent Office may print the headings of the drawings for patents for the purpose of photolithography.
(d) The Commissioner (1) shall maintain public facilities for the searching of patent materials, (2) may establish a public information service for the dissemination to the public of information concerning patents and trademarks, and (3) may from time to time disseminate or provide for dissemination of public technological and other public information, the publication of
which in his judgment would encourage invention and progress in the useful arts. Such dissemination may be made by periodical or other publications, the preparation and display of exhibits, and other appropriate means.
(e) The Commissioner may exchange copies of any of the publications specified in subsections (a) and (b) for publications desirable for the use of the Patent Office, and furnish copies of any of these publications to international intergovernmental organizations of which the United States is a member. Section 12.-Research and studies
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. Section 13.—Copies of patents for public libraries
The Commissioner may supply copies of specifications and drawings of patents 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 (a) (9) of this title.
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. Subpoenas, witnesses. 25. Oath and declaration in lieu of oath. 26. Effect of deffective execution. 27. Effective date of documents and fees to be filed in the Patent Office. Section 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 falls on Saturday, Sunday, a holiday within the District of Columbia, or on any other day the Patent Office is closed, the action may be taken, or the fee paid, on the next succeeding secular or business day. Section 22.-Form of papers filed
The Commissioner may be regulation prescribe the form of papers filed in the Patent Office. Section 23.—Evidence in Patent Office cases
The Commissioner shall establish regulations for the presentation and production of evidence in Patent Office proceedings including affidavits, depositions, discovery and other evidence, which regulations shall provide parties with a reasonable and expeditious means of obtaining and producing evidence. Section 24.–Subpoenas, witnesses
(a) The clerk of any United States court for the district wherein testi. mony is to be taken in accordance with regulations established by the Commissioner for use in any case in the Patent Office shall, upon the application of any party thereto, issue a subpoena for any witness residing or being within such district, commanding him to appear and testify before an officer in such district authorized to take testimony, depositions, and affidavits, at the time and place stated in the subpoena. The provisions of the Federal Rules of Civil Procedure relating to the attendance of witnesses, discovery and the production of documents and things shall apply to contested cases in the Patent Office insofar as consistent with Patent Office regulations established under Section 23 of this title.
(b) Every witness subpoened and in attendance shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts.
(c) A judge of a court whose clerk issued a subpoena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpoena, neglected or refused to appear or to testify. No witness shall be deemed guilty of contempt for disobeying such subpoena, unless his fees and traveling expenses in going to, and returning from, and one day's attendance at the place of examination, are paid or tendered him at the time of the service of the subpoena ; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpoena. Section 25.–Oath and declaration in lieu of oath
(a) An oath to be filed in the Patent Office may be made before any person within the United States authorized by law to administer oaths, or, when made in a foreign country, before any diplomatic or consular officer of the United States authorized to administer oaths, or before any officer authorized to administer oaths in the foreign country in which the applicant may be, whose authority shall be proved by certificate of a diplomatic or consular officer of the United States, and such oath shall be valid if it complies with the laws of the state or country where made.
(b) The Commissioner may by regulation prescribe that any document to be filed in the Patent Office and which is required by any law or regulation to be under oath may be subscribed to by a written declaration in such form as the Commissioner may prescribe, such declaration to be in lieu of the oath otherwise required.
(C) Whenever such written declaration is used, the document must warn the declarant that willful false statements and the like are subject to punishment including fine or imprisonment, or both (18 U.S.C. 1001).
(d) The Commissioner may by regulation prescribe that any oath declaration of a person not fluent in English shall be in a language in which he is fluent together with an English translation thereof, the accuracy of which shall be attested to pursuant to such rules as the Commissioner may prescribe. Section 26.-Effect of defective erecution
Any document to be filed in the Patent Office and which is required by any law, rule, or other regulation to be executed in a specified manner may be provisionally accepted by the Commissioner despite a defective execution provided a properly executed document is submitted within such time as may be prescribed. Section 27.-Effective date of documents and fees to be filed in the Patent
Office The Commissioner may by regulation prescribe that an application for Letters Patent, any other document or thing, or a fee shall be deemed to have been filed in the Patent Office as of the day of deposit thereof in the United States mails and the Commissioner may by regulation prescribe the conditions which must be fulfilled to make such deposit as effective as a filing in the Patent Office as of the date of such deposit.
Chapter 3—Practice Before Patent Office Sec. 31. Regulations for agents and attorneys. 32. Suspension or exclusion from practice. 33. Unauthorized practice. Section 31.-Regulations for agents and attorneys
The Commissioner may prescribe regulations governing the recognition and conduct of agents, attorneys, or other persons representing applicants or other parties before the Patent 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. Section 32.-Suspension or exclusion from practice
The Commissioner may, after notice and opportunity for hearing, suspend or exclude, either generally or in any particular case, from further practice before the Patent Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of gross misconduct, or who does not comply with the regulations established under section 31 of this chapter, or who shall, by word, circular, letter, or advertising, with intent to defraud in any manner, deceive, mislead, or threaten any applicant or prospective applicant, or other person having immediate or prospective business before the
Office. The reasons for any such suspension or exclusion shall be duly recorded. The United States District Court for the District of Columbia, under such conditions and upon such proceedings as it by its rules determines, may review the action of the Commissioner upon the petition of the person so suspended or excluded, or refused recognition under section 31 of this title. Sectino 33.–Unauthorized practice (a) Whoever, not being recognized to practice before the Patent Office
(1) holds himself out or knowingly permits himself to be held out as so recognized, or
(2) holds himself out or knowingly permits himself to be held out as available either to perform the service of preparing or prosecuting an application for patent or to provide such service to be performed by a person not so recognized or by an unidentified person, or
(3) for compensation, either performs the service of preparing or prosecuting an application for patent for another not so recognized or provides such service to be performed by a person not so recognized or
by an unidentified person, shall be punished by imprisonment not exceeding one year, or a fine not exceeding $1,000 for each offense, or both.
(b) Where an agent, attorney, or firm recognized to practice before the Patent Office, assumes responsibility for the service of preparing or prosecuting a patent application at the time such service is rendered, the service shall be considered as performed by such agent, attorney, or firm within the meaning of this section.
Chapter 4-Patent Fees Sec. 41. Patent fees. 42. Payment of patent fees; return of excess amounts. Section 41.-Patent fees
(a) The Commissioner shall charge the following fees :
1. On filing each application for an original patent, except in design cases, $65; in addition, on filing or on presentation at any other time, $10 for each claim in independent form which is in excess of one, and $2 for each claim whether independent or dependent, which is in excess of ten. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner.
2. For issuing each original or reissue patent, except in design cases, $100; in addition, $10 for each page (or portion thereof) of specification as printed, and $2 for each sheet of drawing. 3. In design cases :
a. On filing each design application, $20.
b. On issuing each design patent: For three years and six months, $10; for seven years $20; and for fourteen years $30. 4. On filing each application for the reissue of a patent, $65; in addition, on filing or on presentation at any other time, $10 for each claim in independent form which is in excess of the number of independent claims of the original patent, and $2 for each claim (whether independent or dependent) which is in excess of ten and also in excess of the number of claims of the original patent. Errors in payment of the additional fees may be rectified in accordance with regulations of the Commissioner.
5. On filing each disclaimer, $15.
6. On appeal for the first time from the examiner to the Board of Appeals, $30; in addition, on filing a brief in support of the appeal, $50.
7. On filing each petition for the revival of an abandoned application for a patent or for the delayed payment of the fee for issuing each patent, $15.
8. For certificate under section 255 or under section 256 of this title, $15.
9. As available and if in print: For uncertified printed copies of specifications and drawings of patents (except design patents), 50 cents per copy ; for design patents, 20 cents per copy; the Commissioner may establish a charge not to exceed $1 per copy for patents in excess of twenty-five pages of drawings and specifications and for plant patents printed in color: special rates for libraries specified in section 13 of this title, $50 for patents issued in one year. The Commissioner may, without charge, provide applicants with copies of specifications and drawings of patents when referred to in a notice under section 132.