"S2. Establishment and Seal

"The Patent Office shall be an independent agency, 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. 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. Commissioner and other officers

"(a) A Commissioner of Patents shall be appointed by the President, by and with the advice and consent of the Senate, and he shall be compensated at the rate now or hereafter provided for level IV of the Executive Schedule pay rates (5 U.S.C. 5315). The Commissioner shall superintend or perform all duties required by law respecting the granting and issuing of patents and the registration of trademarks, and he shall have charge of property belonging to the Patent Office. The Commissioner is authorized to promulgate rules and regulations as may be necessary or proper for purposes of his office.

(b) There shall be a Deputy Commissioner of Patents, who shall be appointed by the President, by and with the advice and consent of the Senate. and who shall be compensated at the rate now or hereafter provided for level V of the Executive Schedule pay rates (5 U.S.C. 5316). The Deputy Commissioner shall perform such functions as the Commissioner may assign or delegate and he shall act as Commissioner during the absence or disability of the Commissioner or in the event of a vacancy in the office of Commissioner.

"(c) There shall be no more than three Assistant Commissioners of Patents, who shall be appointed by the Commissioner and who shall be compensated at a per annum rate of basic compensation fixed by him not in excess of the maximum scheduled rate provided for positions in grade 18 of the General Schedule (5 U.S.C. 5104). Such Assistant Commissioners shall perform such functions as the Commissioner may from time to time assign or delegate. In the event of vacancies in the offices of Commissioner and Deputy Commissioner, or their absence or disability, the Assistant Commissioner senior in date of appointment shall fill the office of Commissioner until said vacancies, absences, or disabilities terminate.

"(d) There shall in addition be a Solicitor of the Patent Office who shall be appointed by the President, by and with the advice and consent of the Senate, and he shall be compensated at the rate now or hereafter provided for level V of the Executive Schedule pay rates (5 U.S.C. 5316). The Solicitor shall be general counsel of the Patent Office and the advocate responsibile for the presentation of the Patent Office position in all adversary proceedings provided for by his title, and he or his delegates:

"(1) shall prosecute or defend appeals from any final action of the Patent Office; and

"(2) shall take such action, participate in such other proceedings, and conduct such other investigations or inquiries, as may be necessary or appropirate to carry out the purposes of this title.

"(e) The Commissioner shall, subject to other requirements of law, appoint other officers and employees of the Patent Office, assign or delegate to them. the functions of the Office, and fix the per annum rate of basic compensation therefor.

"§4. Restrictions on officers and employees as to interest in patents

"Officers and employees of the Patent Office shall be ineligible during the period of their appointments and for one year thereafter, to be named as an inventor in a patent application, to apply for a patent, and to acquire, 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. Board of Appeals

"(a) There shall be in the Office not to exceed twenty-four examiners-inchief, who shall be appointed under the competitive service, in the manner prescribed for Administrative Law Judges (5 U.S.C. 3105, 5362, 7521). The per annum rate of basic compensation of each examiner-in-chief shall be fixed at not in excess of the maximum scheduled rate provided for positions in grade 17 of the General Schedule (5 U.S.C. 5104).

"(b) 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 will perform and exercise the judicial functions of the Office.

"(c) The Board of Appeals shall:

"(1) Hear all appeals pursuant to section 138 of this title;

“(2) Conduct all proceedings pursuant to section 182 of this title; and "(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 other Acts of Congress and when performing such functions shall constitute a Board of Patent Interferences.

"(d) Each appeal or other action shall be determined by a panel of at least three members of the Board of Appeals, except as otherwise provided in subsection (e) of this section. The panel shall be designated for each case by the examiner-in-chief senior in date of appointment, consistent with the provisions of section 3105, of title 5, United States Code. The Board of Appeals has sole power to grant rehearings.

“(e) 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 acting 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 acting examiner in chief shall be a member of the panel of the Board of Appeals hearing any appeal or considering any case. The Commissioner is authorized to fix the per annum rate of basic compensation of each acting 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 (5 U.S.C. 5104). The per annum rate of basic compensation of each acting 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 of such designation had not been made.

"§6. Library, classification of patents, public search facilities

"(a) The Commissioner shall maintain a complete and current library of patents and scientific and other works and periodicals both foreign and domestic, in the Patent Office which shall be available to its employees in the discharge of their duties under this title and to assist the public in the study of the useful arts.

"(b) The Commissioner shall maintain with appropriate revisions a current publicly available classification and index by subject matter of United States patents and published United States patent applications and of such patents and published applications, and other works and periodicals, foreign and domestic, as may be necessary for the purpose of determining with readiness and accuracy the patentability of subject matter for which applications for patent are filed.

"(e) The Commissioner shall maintain facilities, in various parts of the United States, for the searching of prior art and patent materials, both foreign and domestic. To the maximum extent feasible, such prior art and patent materials, shall be complete and current, drawing upon all relevant scientific. technological, and other works and periodicals, both foreign and domestic, available, to any Government agency. The Commissioner shall have such prior art and patent materials classified and indexed according to the classification of patents.

"(d) To the maximum extent feasible, the Commissioner shall mechanize, or otherwise facilitate by electrical, mechanical, or other appropriate means, the search of such prior art and patent materials. The Commissioner shall conduct an on-going program of research and development to keep the handling, classification, storage, and retrieval of such prior art and patent material current and up to the state of the art.

"87. Certified copies of records

"The Commissioner shall, upon payment of the prescribed fee, furnish certified copies of records of the Patent Office within thirty days to persons entitled thereto.

"§8. Publications

"(a) The Commissioner shall cause to be published in a timely fashion 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;

"(3) all current decisions of the Patent Office Board of Appeals and the Trademark Trial and Appeal Board;

"(4) current classification manuals and indices of the classifications of patents.

“(5) The Official Gazette of the United States Patent Office;

"(b) The Commissioner shall cause to be published from time to time, in such format as he determines to be suitable, the following:

"(1) Patent abstracts;

“(2) Annual indices of patents, published applications, and trademarks and information concerning the same;

"(3) Pamplet copies of the patent laws and rules of practice, laws and rules relating to trademarks, and circulars or other publications relating to the business of the Office.

"(c) The Commissioner may exchange any of the publications specified in subsections (a) and (b) of this section 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.

"(d) 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.

"(e) The Commissioner may establish a public information service for the dissemination to the public of information concerning patents and trademarks, and may from time to time disseminate or provide for dissemination of information, the publication of which in his judgment would promote the progress of the useful arts. Such dissemination may be made by periodical or other publications, the preparation and display of exhibits, and other appropriate

means.

Ҥ 9. Advisory Council on the Patent System

"(a) There shall be an Advisory Council on the Patent System (referred to in this section as the "Council") of not less than twelve or more than twentyfour members to be appointed by the President, by and with the advice and consent of the Senate, from the general public, without regard to the civil service laws, and to consist of persons having experience with, and representative of, the various interests most directly affected by the patent system. The President shall designate the Chairman of the Council and set the terms of the members.

"(b) It shall be the duty of the Council, on a continuing basis, to evaluate the effectiveness of the patent system in serving the public interest; to analyze the contemporary conditions and needs of the patent system; to study and appraise the methods and operations of the United States Patent Office including the quality of United States patents; and to report to the Commissioner its conclusions and recommendations.

"(c) The Commissioner shall furnish to the Council an executive secretary and such professional, secretarial, clerical, and other services and facilities as are necessary to the conduct of its business.

10. Annual report to Congress

"The Commissioner shall report to Congress annually the money received and expended, statistics concerning the work of the Office, an evaluation of court decisions related to the validity and enforcement of patents, and other information relating to the Office as may be useful to the Congress.

"Sec.

"CHAPTER 2.-PROCEEDINGS IN THE PATENT OFFICE

“21. Day for taking action falling on Saturday, Sunday, or holiday. 22. Form of papers filed.

23-932-74- -41

"23. Testimony in Patent Office cases; subpenas, commissions, letters rogatory; witnesses.

"24. Oath and declaration in lieu of oath.

"25. Effect of defective execution.

"26. Filing by mail.

"§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, or as otherwise provided in this title, falls Saturday, Sunday, a holiday within the District of Columbia, or on any 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.

"S22. Form of papers filed

"The Commissioner may by regulation prescribe the form of papers filed in the Patent Office.

"§23. Testimony in Patent Office cases; subpenas, commissions, letters rogatory; witnesses

"(a) The Commissioner may establish rules, not inconsistent with the Federal Rules of Civil Procedure and the provisions of this title, for taking depositions required in cases in the Patent Office. Any officer authorized by law to take depositions to be used in the courts of the United States, or of the State where he resides, may take such depositions.

"(b) (1) The clerk of any United States court for the district wherein a deposition is to be taken for use in any matter pending in the Patent Office, shall, upon the application of the Commissioner or the Solicitor or any other person party thereto, issue a subpena for any witness residing or being within such district, commanding him to appear and testify before an officer in such district authorized to take depositions, at the time and place stated in the subpena. The provisions of the Federal Rules of Civil Procedure relating to depositions and subpenas for the attendance of witnesses and the production of documents and things shall apply to contested cases in the Patent Office.

"(2) Every witness subpenaed and in attendance shall be allowed the fees and traveling expenses allowed to witnesses attending the United States district courts.

"(3) A judge of a court whose clerk issued a subpena may enforce obedience to the process or punish disobedience as in other like cases, on proof that a witness, served with such subpena, neglected or refused to appear or to testify or to produce documents and things as directed. No witness shall be deemed guilty of contempt for disobeying such subpena 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 subpena; nor for refusing to disclose any secret matter except upon appropriate order of the court which issued the subpena.

"(c) The United States District Court for the District of Columbia shall, at the request of the Commissioner, issue such commission or letters rogatory pursuant to rule 28(b) of the Federal Rules of Civil Procedure as may be appropriate in carrying out the provisions of Section 134 of this title.

"(d) The deposition of a witness appearing voluntarily on proper notice may be taken without subpena or commission or letters rogatory.

"(e) The admissibility of evidence in cases in the Patent Office shall be determined in accordance with the rules of evidence in force at the time in the United States District Court for the District of Columbia.

66

"S24. 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 to administer oaths, or before any officer authorized to administer oaths in the foreign country in which the affiant 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 oth erwise 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, citing title 18, United States Code, Section 1001.

"(d) Whenever the affiant or declarant does not use English as his primary language, the oath or declaration shall be made in his primary language and shall be filed with an English translation, the accuracy of which shall be attested pursuant to such rules as the Commissioner may prescribe.

"$25. Effect of defective execution

"Any document to be filed in the Patent Office and which is required by any law or 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 by the Commissioner, not to exceed six months.

"26. Filing by mail

"Any applicant may depsoit or cause to be deposited any paper required or permitted by this title to be filed in the United States Patent Office by him or on his behalf in any United States Post Office addressed to the Commissioner of Patents, postage prepaid in the most expeditous class, certified or registered mail, return receipt requested, and the same shall be deemed to have been filed in the Patent Office on the date of its deposit in the Post Office.

"Sec.

"CHAPTER 3.-PRACTICE BEFORE THE PATENT OFFICE

"31. Regulations for agents and attorneys.

"32. Suspension or exclusion from practice.
“33. Unauthorized representation as practitioner.

Ҥ31. 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 persons 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.

"§32. Suspension or exclusion from practice

"The Commissioner may, pursuant to rules and regulations duly prescribed, suspend, or exclude, either generally or in any particular case, from further practice before the Office, any person, agent, or attorney shown to be incompetent or disreputable, or guilty of material 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. Ҥ33. Unauthorized representation as practitioner

"(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,