Introduction THE UNITED STATES PATENT OFFICE ESTABLISHMENT. The Patent Office was established to administer the patent laws enacted by Congress in accordance with article I, section 8, of the Constitution. The first of these laws was enacted April 10, 1790 (1 Stat. 109), but the Patent Office as a distinct bureau, in the Department of State, dates from the year 1802, when an official who became known as the Superintendent of Patents was placed in charge. The general revision of the patent laws enacted July 4, 1836 (5 Stat. 117), reorganized the Patent Office and designated the official in charge as Commissioner of Patents. Another general revision of the patent laws was made in 1870, and since that date numerous acts of Congress relating to patents were passed, until they were revised and codified, effective January 1, 1953, as title 35 of the United States Code. The Patent Office also administers the Federal trademark laws (title 15, secs. 1051 to 1127 of the United States Code). The Patent Office was transferred from the Department of the Interior, in which Department it had been since 1849, to the Department of Commerce by Executive order on April 1, 1925, in accordance with the authority contained in the act of February 14, 1903 (32 Stat. 830). The Patent Office is located at 2111 Jefferson Davis Hwy., Arlington, Va. FUNCTIONS. The chief functions of the Patent Office are to administer the patent laws as they relate to the granting of letters patent for inventions, and to perform other duties relating to patents. It examines applications for patents to ascertain if the applicants are entitled to patents under the law, and grants the patents when they are so entitled; it publishes issued patents and various publications concerning patents and patent laws, records assignments of patents, maintains a search room for the use of the public to examine issued patents and records, supplies copies of records and other papers, supplies information concerning patents, and the like. Analogous and similar functions are performed with respect to the registration of trademarks. GENERAL ORGANIZATION. The Patent Office is organized in the Office of the Commissioner of Patents (Sec. 1), the Office of Petitions (Sec. 2), the Office of Government Inventions and Patents (Sec. 3), Office of Advanced Systems Development (Sec. 4), the Office of Information Services (Sec. 5), Office of Patent Program Control (Sec. 6), Office of Patent Classification (Sec. 7), The Examining Groups (Sec. 8), Office of the Solicitor (Sec. 9), Board of Appeals (Sec. 10), Board of Patent Interferences (Sec. 11), Office of Legislation (Sec. 12), Office of International Affairs (Sec. 13), Office of Budget (Sec. 14), Office of Management and Organization (Sec. 15), Office of Program Planning and Evaluation (Sec. 16), Office of Publications (Sec. 17), Office of Patent and Trademark Services (Sec. 18), Office of Computer Services (Sec. 19), Office of Finance (Sec. 20), Office of General Services (Sec. 21), Office of Personnel (Sec. 22), Office of Technology Assessment and Forecast (Sec. 23). With respect to Trademarks, there is the Trademark Examining Operation, the Trademark Trial and Appeal Board and the Office of Trademark Program Control. Various offices and divisions are described in greater detail but administrative or internal matters are omitted or mentioned only briefly. 1. Office of Commissioner of Patents. This office comprises the Commissioner of Patents, a Deputy Commissioner of Patents, an Assistant Commissioner for Patents, an Assistant Commissioner for Trademarks, an Assistant Commissioner for Legal Affairs, and an Assistant Commissioner for Administration. As head of the Patent Office, the Commissioner of Patents superintends or performs all duties respecting the granting and issuing of patents and the registration of trademarks; exercises general supervision over the entire work of the Patent Office; prescribes the rules, subject to the approval of the Secretary of Commerce, for the conduct of proceedings in the Patent Office and for recognition of attorneys and agents; decides various questions brought before him by petition as prescribed by the rules, and performs other duties necessary and required for the administration of the Patent Office and the performance of its functions. The Assistant Commissioners provide administrative and policy direction to offices, boards and operations as follows: Assistant Commissioner for Patents: Examining Groups (15) Assistant Commissioner for Trademarks: Assistant Commissioner for Legal Affairs: Board of Appeals Board of Patent Interferences Office of Legislation Office of International Affairs Assistant Commissioner for Administration: Office of Budget Office of Management and Organization Office of Program Planning and Evaluation Office of Patent and Trademark Services Office of Computer Services Office of Finance Office of General Services Office of Personnel Office of Technology Assessment and Forecast The Assistant Commissioners also perform such other details pertaining to the Office of the Commissioner as may be assigned by the Commisioner, with the same authority as the Commissioner. One of them serves as the Acting Commissioner in the absence or unavailability of the Commissioner and Deputy Commissioner. 2. The Office of Petitions. Receives, dockets, maintains records, and takes other appropriate action with respect to petitions to the Commissioner submitted under applicable law and regulations; assigns petitions to appropriate officials for decision or recommends and prepares decisions for review and approval by the Deputy Commissioner; and recommends changes in office policy, practices, and procedures, where the need for such appears evident from the records of the office. 3. The Office of Government Inventions and Patents. Administers Executive Order 10096, as amended by Executive Order 10930 and related regulations, including the rendering of final decisions on the ownership of patents and the rights to inventions made by Government employees, and advises the Commissioner on matters involving the Committee on Government Patent Policy (of the Federal Council for Science and Technology). It shall also conduct research, liaison, and coordinate functions needed to carry out Executive Order 10096 and advise the Commissioner of Committee matters; provide executive secretariat support to the Committee; and assist in the development and formulation, to the extent appropriate, of a uniform Government-wide policy. 4. Office of Advanced Systems Development. Applies analytical basic research techniques to the development of new machine-assisted experimental search, retrieval, and display systems; to the exploration and application of advanced technology for the betterment of operating systems; and to increasing the effectiveness of technical information dissemination and accessing measures. This work is directed primarily to providing solutions to hitherto unresolved problems and to the development of experimental or test applications, or stimulations of original techniques or operations. It shall assist in the installation, pilot use, and evaluation of experimental systems in operating environments. 2 า 5. The Office of the Information Services. Advices and represents the Commissioner on information matter; conducts programs fostering public understanding of the American patent system and the functions, services and publications of the Patent Office; develops publication policies; provides direction and assistance in developing new and revised publications; and assures conformity with policies, regulations, and standards concerning publications and publication practices. 6. Office of Patent Program Control. Develops procedures for and establishing quality, quantity and other performance standards relating to the conduct of the patent examination and classification functions; establishes program activity targets and continually evaluates status against program objectives; provides training to examiners in patent practices and procedures; and monitors compliance with examination and classification standards and procedures. 7. Office of Patent Classification. Develops, implements, and maintains subject matter classification systems for patent search files of prior art; evaluates and adapts experimental or other search systems developed elsewhere; determines requirements for and initiates procurement of foreign patent and literature abstracting services for use by examiners; and provides technical specifications, guidance, advice, and assistance to the contracting officer in such procurements; coordinates the classification of U.S. and foreign patent documents and nonpatent literature; and participates in developing and fostering harmonization of the U.S. and the International Patent Classification Systems. 8. The Examining Groups. Each of the fifteen Examining Groups examines patent applications falling in its generic category. An Examining Group is headed by a Director who is in charge of a number of Art Units each representing a broad field of invention within a generic category and having jurisdiction over several examining subdivisions representing art groups. The examiners within these Art Units perform the work of examining applications for patents and determine whether patents can be granted. The examining function includes determining whether two or more applications or an application and a patent contain interfering subject matter and deciding certain preliminary questions raised by the contestants. 9. Office of the Solicitor. Handles all litigation to which the Commissioner is a party and provides other legal services, including advice and assistance on legislative matters, and maintenance of the law library. 10. Board of Appeals. Responsible for hearing and deciding appeals from adverse decisions of examiners upon applications for patents. C 11. Board of Patent Interferences. Conducts patent interference proceedings and makes final determinations in the Patent Office as to priority of invention. The Board also hears and decides questions concerning property rights in inventions in the atomic energy and space fields brought before it under the provisions of Sections 2182 and 2456 (d) and (e) of Title 42, U.S.C. 12. Office of Legislation. Develops recommendations and advises as to policy and action concerning matters which may require changes in the patent and trademark laws; reviews and prepares analyses of bills or drafts of legislation concerning patent or trademark matters received for technical appraisal; prepares legislative proposals and, after appropriate clearances, drafts legislation and supporting documentation for clearance with the Department's Office of the General Counsel and the Office of Management and Budget, for consideration by the Congress; and maintains liaison with patent and trademark bar associations, industry, and others concerned with proposed and pending legislation. 13. Office of International Affairs. Coordinates development of policy and program recommendations or positions respecting international patent and trademark affairs, including all proposed new or modified agreements under the Paris Union, Patent Cooperation Treaty, or like treaties; maintains liaison in such matters with the Office of the Secretary, the Department of State, and concerned elements of the public; and participates in negotiations in patent and trademark matters in establishing international agreements and in the implementation of programs affecting Patent Office commitments or responsibilities in these areas. 14. Office of Budget. Formulates, interprets, and executes budgetary and fiscal policies; establishes and maintains a comprehensive budget program collaborating with cost center officials in developing budget and fiscal plans; develops and presents budget requests; allocates and maintains budgetary accountability of available funds; maintains external liaison in budgetary matters; and reviews and evaluates the fulfillment of budget based program commitments. 15. Office of Management and Organization. Plans and conducts studies designed to improve organization, methods, procedures, workflow, work measurement, managerial techniques, and resource utilization, or otherwise increase efficiency, effectiveness and economy of operations, develops and manages a system for the issuance of internal administrative orders and instructions; promotes development of the Patent Office management improvement program and coordinates the collection, review and submission of reportable plans and accomplishments; coordinates a program for the management and control of external reports; and makes special studies as required. 16. Office of Program Planning and Evaluation. Formulate plans for and coordinates the development of Patent Office-wide long and |