Admiral G. L. Russell, United States Navy, Judge Advocate General, Department of the Navy-. Hon. John L. Thurston, Acting Administrator, Federal Security Statement from Chamber of Commerce of State of New York....... 91 93 MORNING SESSION Capt. George N. Robillard, supra.. Giles S. Rich, Esq., representing advisory committee of the Coordinat- ing Committee of National Council on revision and amendment of the potent lavs of the Patent Law Associations__. Wilbur L. Fugate, trial attorney, Antitrust Division, United States A. Arnold Brand, chairman, committee on patent and trade-marks and trade practices, Chicago Bar Association... Hugh P. Carter, Esq., Birmingham, Ala.. Hon. Archie M. Palmer, Chairman, Government Patents Board___ C. E. Niehoff, C. E. Niehoff & Co., Chicago, Ill___ Hon. Peyton Ford, Deputy Attorney General, Department of Justice- Hon. Jess Larson, Administrator, General Services Administration__ F. A. Whiteley, Esq., Whiteley & Caine, Minneapolis, Minn_-_- Harvey R. Hawgood, Esq., Hawgood & Van Horn, Cleveland, Ohio__ C. A. Soans, Esq., Soans, Glaister & Anderson, Chicago, Ill__ PATENT LAW CODIFICATION AND REVISION WEDNESDAY, JUNE 13, 1951 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 3 OF THE COMMITTEE ON THE JUDICIARY, Washington, D. C. The subcommittee met at 10 a. m. pursuant to notice, the Honorable Joseph R. Bryson (subcommittee chairman) presiding, for consideration of H. R. 3760, which is as follows: [H. R. 3760, 82d Cong., 1st sess.] A BILL To revise and codify the laws relating to patents and the Patent Office, and to enact into law title 35 of the United States Code entitled "Patents" Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 35 of the United States Code, entitled "Patents", is revised, codified, and enacted into law, and may be cited, "Title 35, United States Code, section-", as follows: 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. Exchange of copies of patents with foreign countries. 13. Copies of patents for public libraries. 14. Annual report to Congress. PROCEEDINGS IN THE PATENT OFFICE 21. Day for taking action falling on Saturday, Sunday, or holiday. 22. Printing of papers filed. 23. Testimony in Patent Office cases. 24. Subpoenas, witnesses. The Patent Office shall continue as an office in the Department of Commerce where records, books, drawings, specifications, and other papers and things 1 pertaining to patents and to trade-mark 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 trade-mark registrations, and papers issued from the Office shall be authenticated. § 3. Officers and employees A Commissioner of Patents, one first assistant commissioner, two assistant commissioners, and nine examiners-in-chief, shall be appointed by the President, by and with the advice and consent of the Senate. The assistant commissioners shall perform the duties pertaining to the office of commissioner assigned to them by the Commissioner. The first assistant commissioner, or the assistant commissioner senior in date of appointment in the event of a vacancy in the office of first assistant commissioner, shall fill the office of Commissioner during a vacancy in that office until a Commissioner is appointed and takes office. All other officers, clerks, and employees shall be appointed by the Secretary of Commerce upon the nomination of the Commissioner in accordance with law. § 4. Restrictions on officers and employees as to interest in patents Officers and employees of the Patent Office shall be incapable, during the period for which they hold their appointments and 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. § 5. Bond of Commissioner and other officers The Commissioner and such other officers as he designates, before 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. § 6. Duties of Commissioner 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 trade-marks; and he 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. § 7. Board of Appeals The examiners-in-chief shall be persons of competent legal knowledge and scientific ability. The 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. 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 primary examiner shall be a member of the Board of Appeals hearing an appeal. § 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. § 9. Classification of patents The Commissioner 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 |