1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 "Chapter 1.-ESTABLISHMENT, OFFICERS, FUNCTIONS "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 patents. "10. Certified copies of records. "11. Publications. "12. Research and studies. "13. Copies of patents for public libraries. "§ 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. "§ 2. 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. "§ 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 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 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 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. 1 2 3 4 6 7 "§ 4. Restrictions 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 as an inventor in an application for patent for an invention made during such period or for one year thereafter and of 8 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. 9 10 11 12 13 14 16 "§ 5. Bond of Commissioner and other officers "The Commissioner and such other officers as he designates, before 15 entering upon their duties, shall severally give bond, with sureties, the former in the sum of $10,000, and the latter in sums prescribed by the Commissioner, conditioned for the faithful discharge of their respective duties and that they shall render to the proper officers of the Treasury a true account of all money received by virtue of their offices. 17 18 19 20 21 22 "§ 6. Duties of Commissioner "(a) The Commissioner, under the direction of the Secretary of 23 commerce, shall superintend or perform all duties required by law 24 respecting the granting and issuing of patents and the registration of 25 trademarks; shall have the authority to carry on studies and programs 26 regarding domestic and international patent and trademark law; and 27 shall have charge of property belonging to the Patent Office. He may, 28 subject to the approval of the Secretary of Commerce, establish regu29 lations, not inconsist with law, for the conduct of proceedings in the Patent Office. 30 31 32 33 "(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 34 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. 35 36 37 "(c) The Commissioner, under the direction of the Secretary of 38 Commerce, may, with the concurrence of the Secretary of State, transfer funds appropriated to the Patent Office, not to exceed $100,000 in 40 any year, to the Department of State for the purpose of making spe 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 cial payments to international intergovernmenal 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. "§ 7. Board of Appeals "(a) The examiners-in-chief shall be persons of competent legal knowledge and scientific ability, who shall be appointed under the classified civil service. The Commissioner, the Deputy Commissioner, the assistant commissioners, and the examiners-in-chief shall constitute a Board of Appeals, which on written appeal of the applicant, shall review adverse decisions of examiners upon applications for patents. Each appeal shall be heard by at least three members of the Board of Appeals, the members hearing such appeal to be designated by the Commissioner. The Board of Appeals has sole power to grant rehearings. 19 "(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 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 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 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. "§ 8. Library "The Commissioner may 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. "8 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 information as may be necessary or practicable, for the purpose of determining with readiness and accuracy the patent19 ability of inventions for which applications for patent are filed. "§ 10. Certified copies of records "The Commissioner may, upon payment of the prescribed fee, furnish certified copies of records of the Patent Office to persons entitled thereto. 24 "§ 11. Publications 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 "(a) The Commissioner shall 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 as he determines to be suitable, the following: "(1) Patent abstracts. "(2) The Official Gazette of the United States Patent Office. "(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. "(5) Classification manuals and indices of the classifications of patents. "(6) Pamphlet copies of the patent laws and rules of practice, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 laws and rules relating to trademarks and circulars or other publications relating 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 innovation 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 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. "§ 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. "§ 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 prescribed by the Commissioner in accordance with section 41(a) 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. 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, a holiday within the District of Columbia, or on any other day the Patent Office is closed for the receipt of papers, the action may be taken, or the fee paid, on the next succeeding secular or business day. |