II

104TH CONGRESS

1ST SESSION S. 1458

To amend the provisions of title 35, United States Code, to establish the

Patent and Trademark Corporation, and for other purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 7, 1995

Mr. LAUTENBERG introduced the following bill; which was read twice and

referred to the Committee on the Judiciary

A BILL

To amend the provisions of title 35, United States Code,

to establish the Patent and Trademark Corporation, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Patent and Trademark

5 Office Reform Act of 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—PATENT AND TRADEMARK CORPORATION

Sec. 101. Establishment, officers, and functions of the Corporation.
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Sec. 102. Management report.

Sec. 103. Use of Corporation name and definitions.

Sec. 104. Suspension or exclusion from practice.

Sec. 105. Fees.

Sec. 106. Trademark Trial and Appeal Board.

Sec. 107. Transfers.

Sec. 108. Transition provisions.

Sec. 109. Nonapplicability of Federal workforce reductions.

Sec. 110. Technical and conforming amendments.

TITLE II—MISCELLANEOUS PROVISIONS

Sec. 201. Separability.

Sec. 202. Effective date.

1 TITLE I—PATENT AND

2 TRADEMARK CORPORATION

3 SEC. 101. ESTABLISHMENT, OFFICERS, AND FUNCTIONS OF

4 THE CORPORATION.

5 Chapter 1 of title 35, United States Code, is amended

6 by striking out sections 1, 2, 3, 4, 6, and 7 and inserting

7 in lieu thereof the following:

8 ‘‘§ 1. Establishment

9 ‘‘(a) The Patent and Trademark Corporation is es10 tablished as a wholly owned Government corporation sub11 ject to chapter 91 of title 31, except as otherwise provided

12 in this title. The Corporation shall be within the Depart13 ment of Commerce and shall be subject to the Secretary

14 for patent and trademark policy direction. For purposes

15 of internal management, the Corporation shall be consid16 ered a corporate body apart from departmental super17 vision, except as otherwise provided in this title.

18 ‘‘(b) The Patent and Trademark Corporation shall

19 maintain an office for the service of process in the District
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1 of Columbia, or the metropolitan area thereof, and shall

2 be deemed, for purposes of venue in civil actions, to be

3 a resident of the district in which its principal office is

4 located. The Corporation may establish offices in such

5 other place or places as it may deem necessary or appro6 priate in the conduct of its business.

7 ‘‘(c) For purposes of this title, the Patent and Trade8 mark Corporation shall also be referred to as the ‘Cor9 poration’.

10 ‘‘§ 2. Powers and duties

11 ‘‘(a) The Corporation shall have the powers and carry

12 out the functions and duties that are authorized by law

13 with respect to—

14 ‘‘(1) the granting and issuing of patents and

15 the registration of trademarks;

16 ‘‘(2) conducting studies, programs, or ex17 changes of items or services regarding domestic and

18 international patent and trademark law or the ad19 ministration of the Corporation, or any other matter

20 included in the laws for which the Corporation is re21 sponsible including the provision of this title, the Act

22 of July 5, 1946 (commonly referred to as the Trade23 mark Act of 1946 (15 U.S.C. 1051 et seq.)), and

24 the Patent and Trademark Office Reform Act of

25 1995;
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1 ‘‘(3) authorizing or conducting studies and pro2 grams cooperatively with foreign patent and trade3 mark offices and international organizations, in con4 nection with the granting and issuing of patents and

5 the registration of trademarks; and

6 ‘‘(4) disseminating to the public information

7 with respect to patents and trademarks.

8 ‘‘(b) In order to accomplish the purposes of this title,

9 the Corporation—

10 ‘‘(1) shall have perpetual succession;

11 ‘‘(2) shall adopt and use a corporate seal, which

12 shall be judicially noticed and with which letters pat13 ent, certificates of trademark registrations, and pa14 pers issued by the Corporation shall be authenti15 cated;

16 ‘‘(3) may sue and be sued in its corporate name

17 and be represented by its own attorneys in all judi18 cial and administrative proceedings, as provided in

19 section 8 of this title;

20 ‘‘(4) may indemnify the Commissioner, officers,

21 attorneys, agents and employees (including members

22 of the Advisory Board), of the Corporation for liabil23 ities and expenses incurred within the scope of their

24 employment;
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1 ‘‘(5) may adopt, amend, and repeal bylaws,

2 rules, and regulations, governing the manner in

3 which its business will be conducted and the powers

4 granted to it by law will be exercised, without regard

5 to chapter 35 of title 44;

6 ‘‘(6) without regard to the provisions of the

7 Federal Property and Administrative Services Act of

8 1949 (40 U.S.C. 471 et seq.); the Public Buildings

9 Act of 1959 (40 U.S.C. 601 et seq.), and sections

10 501 and 502 of the Stewart B. McKinney Act (42

11 U.S.C. 11411 and 11412) may—

12 ‘‘(A) acquire, construct, purchase, lease,

13 hold, manage, operate, and alter any property

14 (real, personal, or mixed) or any interest there15 in, as it determines necessary in the transaction

16 of its business, and sell, lease, grant; and

17 ‘‘(B) dispose of such property, as it deems

18 necessary to effectuate the purposes of this title

19 for periods of time or for terms as the Corpora20 tion determines necessary;

21 ‘‘(7)(A) may make purchases, contracts for the

22 construction, alteration, maintenance, or manage23 ment and operation of facilities and contracts for the

24 supplies or services, except personal services, after

25 advertising, in such manner and at such times suffi-
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1 ciently in advance of opening bids, as the Corpora2 tion shall determine to be adequate to insure notice

3 and an opportunity for competition, except such ad4 vertising shall not be required when the Corporation

5 determines that—

6 ‘‘(i) the making of any such purchase or

7 contract without advertising is necessary in the

8 interest of furthering the purposes of this title;

9 or

10 ‘‘(ii) advertising is not reasonably prac11 ticable; and

12 ‘‘(B) may enter into and perform such pur13 chases and contracts for printing services, to include

14 the process of composition, platemaking, presswork,

15 silk screen processes, binding, microform, and the

16 products of such processes, as it determines nec17 essary to effectuate the functions of the Corporation,

18 without regard to sections 501 through 517 and

19 1101 through 1123 of title 44;

20 ‘‘(8) may use, with their consent, services,

21 equipment, personnel, and facilities of other civilian

22 or military agencies and instrumentalities of the

23 Federal Government, on a reimbursable basis, and,

24 on a similar basis, to cooperate with such other

25 agencies and instrumentalities in the establishment
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1 and use of services, equipment, and facilities of the

2 Corporation;

3 ‘‘(9) may obtain from the Administrator of the

4 General Services Administration such services as the

5 Administrator is authorized to provide to agencies of

6 the United States, on the same basis as those serv7 ices are provided to other agencies of the United

8 States;

9 ‘‘(10) may use, with the consent of the agency,

10 government, or organization concerned, the services,

11 records, facilities, or personnel of any State or local

12 government agency or instrumentality or foreign

13 government or international organization to perform

14 necessary functions on the Corporation’s behalf;

15 ‘‘(11) may enter into and perform such con16 tracts, leases, cooperative agreements, or other

17 transactions with international, foreign and domestic

18 public agencies and private organizations and per19 sons as needed in the conduct of its business and on

20 such terms as it determines appropriate;

21 ‘‘(12) may determine the character of and the

22 necessity for its obligations and expenditures and

23 the manner in which they shall be incurred, allowed,

24 and paid, subject to the provisions of this title, the

25 Act of July 5, 1946 (commonly referred to as the
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1 Trademark Act of 1946), and to laws specifically ap2 plicable to wholly owned government corporations

3 that are not specifically inconsistent with this title;

4 ‘‘(13) may retain and utilize all of its revenues

5 and receipts, including revenues from the sale, lease,

6 or disposal of any property (real, personal, or mixed)

7 or any interest therein, of the Corporation, including

8 research and development and capital investment,

9 without apportionment under the provisions of sub10 chapter II of chapter 15 of title 31;

11 ‘‘(14) shall have the priority of the United

12 States with respect to the payment of debts out of

13 bankrupt, insolvent, and decedents’ estates;

14 ‘‘(15) may accept monetary gifts or donations

15 of services, or of property, real, personal, mixed, tan16 gible or intangible, in aid of any purposes authorized

17 under this section;

18 ‘‘(16) may execute, in accordance with its by19 laws, rules and regulations, all instruments nec20 essary and appropriate in the exercise of any of its

21 powers;

22 ‘‘(17) may provide for liability insurance and

23 insurance against any loss in connection with its

24 property, other assets or operations either by con25 tract or by self-insurance; and
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1 ‘‘(18) shall pay any settlement or judgment en2 tered against it from the Corporation’s own funds

3 and not from the judgment fund established under

4 section 1304 of title 31.

5 ‘‘§ 3. Officers and employees

6 ‘‘(a)(1) The management of the Corporation shall be

7 vested in the Commissioner of Patents and Trademarks,

8 who shall be a citizen of the United States and who shall

9 be appointed by the President, by and with the advice and

10 consent of the Senate. The Commissioner shall be a person

11 who, by reason of professional background and experience

12 in patent and trademark law and of management experi13 ence, is especially qualified to manage the Corporation.

14 ‘‘(2) The Commissioner shall—

15 ‘‘(A) be responsible for the management and di16 rection of the Corporation, including the granting

17 and issuance of patents and the registration of

18 trademarks, and may delegate these responsibilities

19 to the officers and employees of the Corporation

20 whose performance of these duties shall be subject

21 to the Commissioner’s review;

22 ‘‘(B) report directly to the Secretary on patent

23 and trademark policy matters;

24 ‘‘(C) consult with the Advisory Board estab25 lished in section 5 on a regular basis on matters re-
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1 lating to the operation of the Corporation, and shall

2 consult with the Board before submitting budgetary

3 proposals to the Office of Management and Budget

4 or changing or proposing to change patent or trade5 mark user fees or patent or trademark regulations;

6 ‘‘(D) inform the Secretary of studies and pro7 grams conducted under section 2(a)(3);

8 ‘‘(E) advise the Secretary on all aspects of in9 tellectual property policy, legislation, and issues;

10 ‘‘(F) advise the Secretary on international trade

11 issues concerning intellectual property;

12 ‘‘(G) promote in international trade the United

13 States industries that rely on intellectual property;

14 ‘‘(H) advise the Secretary of State, the United

15 States Trade Representative, and other appropriate

16 department and agency heads, subject to the author17 ity of the Secretary, on international intellectual

18 property issues;

19 ‘‘(I) advise Federal agencies on ways to improve

20 intellectual property protection in other countries

21 through economic assistance and international trade;

22 ‘‘(J) review and coordinate all proposals by

23 agencies to assist foreign governments and inter24 national intergovernmental agencies in improving in25 tellectual property protection;
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1 ‘‘(K) carry on studies related to the effective2 ness of intellectual property protection throughout

3 the world; and

4 ‘‘(L) in coordination with the Department of

5 State, carry on studies cooperatively with foreign in6 tellectual property offices and international intergov7 ernmental organizations.

8 ‘‘(3) The Commissioner shall serve a term of 6 years,

9 and such period thereafter until a successor is appointed

10 and assumes office. The Commissioner may be

11 reappointed to subsequent terms.

12 ‘‘(4) The Commissioner shall receive as basic com13 pensation for a calendar year an amount not to exceed

14 the equivalent of the annual rate of basic pay for level

15 II of the Executive Schedule under section 5313 of title

16 5 and, in addition, may receive as a bonus awarded by

17 the Secretary, an amount up to the equivalent of the an18 nual rate of basic pay for such level II, based upon the

19 Secretary’s evaluation of the Commissioner’s perform20 ance—

21 ‘‘(A) as defined in an annual performance

22 agreement between the Commissioner and the Sec23 retary incorporating measurable goals in such spe24 cific areas as productivity, cycle times, efficiency,

25 cost-reduction, innovative ways of delivering patent
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1 and trademark services, and customer satisfaction,

2 as delineated in an annual performance plan; and

3 ‘‘(B) as reflected in the annual report required

4 under section 14.

5 ‘‘(5) The Commissioner shall, before taking office,

6 take an oath to discharge faithfully the duties of the Cor7 poration.

8 ‘‘(6) The Commissioner shall designate an officer of

9 the Corporation who shall be vested with the authority to

10 act in the capacity of the Commissioner in the event of

11 absence or incapacity of the Commissioner.

12 ‘‘(b)(1) Officers and employees of the Corporation

13 shall be officers and employees of the United States as

14 defined by sections 2104 and 2105 of title 5, United

15 States Code.

16 ‘‘(2)(A) The Commissioner shall appoint a Deputy

17 Commissioner for Patents and a Deputy Commissioner for

18 Trademarks for terms that shall expire on the date on

19 which the Commissioner’s term expires. The Deputy Com20 missioner for Patents shall be a person with demonstrated

21 experience in patent law and the Deputy Commissioner

22 for Trademarks shall be a person with demonstrated expe23 rience in trademark law.

24 ‘‘(B) The Deputy Commissioner for Patents and the

25 Deputy Commissioner for Trademarks shall be—
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1 ‘‘(i) the principal advisors to the Commissioner

2 on all aspects of the activities of the Corporation

3 that affect the administration of patent and trade4 mark operations, respectively; and

5 ‘‘(ii) principally responsible for managing their

6 respective patent and trademark units.

7 ‘‘(3) The Commissioner shall appoint an Inspector

8 General and such other officers, employees (including at9 torneys), and agents of the Corporation as the Commis10 sioner considers necessary to carry out its functions.

11 ‘‘(c)(1) Except as regards the Inspector General, the

12 Commissioner shall fix the compensation of officers and

13 employees in accordance with the policy set forth in sec14 tion 5301 of title 5 including compensation based on per15 formance.

16 ‘‘(2) Except as otherwise provided in this title or any

17 other provision of law, the basic pay of an officer or em18 ployee of the Corporation for any calendar year may not

19 exceed the annual rate of basic pay in effect for level III

20 of the Executive Schedule under section 5314 of title 5

21 or level ES–6 for the Senior Executive Service under sec22 tion 5332 of title 5, whichever is higher. Total compensa23 tion, including compensation based on performance (but

24 not including benefits or contributions to retirement sys25 tems), may not exceed the equivalent of the basic rate of
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1 pay for level I of the Executive Schedule under section

2 5312 of title 5.

3 ‘‘(3) The Commissioner shall define the authority and

4 duties of such officers and employees and delegate to them

5 such of the powers vested in the Corporation as the Com6 missioner shall determine.

7 ‘‘(d) The Corporation shall not be subject to any ad8 ministratively or statutorily imposed limitation on posi9 tions or personnel, and no positions or personnel of the

10 Corporation shall be taken into account for purposes of

11 applying any such limitation, except to the extent other12 wise specifically provided by statute with respect to the

13 Corporation.

14 ‘‘(e) Notwithstanding the provisions of title 5 (but

15 subject to the Inspector General Act of 1978 (5 U.S.C.

16 App.)), the Commissioner shall have sole and exclusive dis17 cretion—

18 ‘‘(1) over the establishment, amendment, or re19 peal of any position classification system to deter20 mine the qualifications and procedures for appoint21 ment; any compensation and award system except

22 gainsharing, including wages and compensation

23 based on performance, and contributions of the Cor24 poration to the retirement and benefits programs,

25 except that the Corporation’s contribution shall not
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1 be less than that paid for Federal employees under

2 title 5;

3 ‘‘(2) to fix and adjust rates of pay without re4 gard to the provisions of chapter 53 of title 5 and

5 abolish positions and lay off without regard to the

6 provisions of chapter 35 of title 5 except that pref7 erence eligibility laws shall apply in any layoff sys8 tem; and

9 ‘‘(3) to determine any supplement to benefits

10 beyond those provided by statute.

11 ‘‘(f) The following provisions of title 5 shall not apply

12 to the Corporation or its officers and employees:

13 ‘‘(1) Chapter 31 (employment authorities), ex14 cept that the provisions of sections 3102 and 3110

15 shall apply to the Corporation and its employees.

16 ‘‘(2) Chapter 33 (examination, selection, and

17 placement), except that the system of veterans’ pref18 erence established by chapter 33 shall apply to the

19 Corporation and its employees.

20 ‘‘(3) Chapter 35 (retention, restoration, and re21 employment).

22 ‘‘(4) Chapter 43 (performance appraisal).

23 ‘‘(5) Chapter 51 (classification).

24 ‘‘(6) Chapter 53, subchapter 3 (general pay

25 rates).
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1 ‘‘(g)(1) Officers and employees shall remain subject

2 to chapters 83 (Civil Service Retirement System), 84

3 (Federal Employees Retirement System), 87 (life insur4 ance), and 89 (health insurance) of title 5. The Corpora5 tion may supplement the benefits provided under chapters

6 83 and 84 of such title from time to time. The Corporation

7 also may change the application of chapters 87 and 89

8 of such title to its officers and employees, except that such

9 changes, in their aggregate, shall not result in life and

10 health benefits which are less favorable to officers and em11 ployees than those offered under chapters 87 and 89.

12 ‘‘(2) The Corporation shall withhold pay and make

13 such payments as are required under the Federal disabil14 ity and retirement system for the Government’s share of

15 the cost of the Civil Service Retirement System or the

16 Federal Employees Retirement System applicable to the

17 Corporation’s employees and their beneficiaries. The Cor18 poration shall also contribute to the employees’ compensa19 tion fund, on the basis of annual billings as determined

20 by the Secretary of Labor, for the benefit payments made

21 from such fund on account of the Corporation’s employees.

22 The annual billings shall also include a statement of the

23 fair portion of the cost of administration of the respective

24 funds, which shall be paid into the Treasury as miscellane25 ous receipts.
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1 ‘‘(h)(1) Chapter 71 of title 5 shall apply with respect

2 to the Corporation and its employees.

3 ‘‘(2) The Corporation and employees may bargain

4 with respect to the establishment, amendment, or repeal

5 of—

6 ‘‘(A) any position classification system;

7 ‘‘(B) any compensation system, including wages

8 and compensation based on performance, and con9 tribution of the Corporation to the retirement and

10 benefits program; and

11 ‘‘(C) any system to determine qualifications and

12 procedures for employment;

13 in the same manner and to the same extent as under a

14 Federal Labor Relations Authority holding, in effect on

15 the day before the effective date of the Patent and Trade16 mark Office Reform Act of 1995, with regard to the nego17 tiability of such matters, unless such holding is overturned

18 or modified by a Federal court.

19 ‘‘(i)(1) On the effective date of the Patent and Trade20 mark Office Reform Act of 1995, all officers and employ21 ees of the Patent and Trademark Office on the day before

22 such effective date shall become officers and employees of

23 the Corporation without a break in service.

24 ‘‘(2) No officer or employee of the Office who be25 comes an officer or employee of the Corporation shall, for
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1 a period of 1 year after the effective date of the Patent

2 and Trademark Office Reform Act of 1995, be subject to

3 separation or to any reduction in compensation as a con4 sequence of the establishment of the Corporation.

5 ‘‘(3) The amount of sick and annual leave and com6 pensatory time accumulated under title 5 prior to the ef7 fective date of the Patent and Trademark Office Reform

8 Act of 1995, by officers and employees of the Office who

9 become officers and employees of the Corporation under

10 this section shall be obligations of the Corporation.

11 ‘‘(4)(A) The individual serving as the Commissioner

12 of Patents and Trademarks on the day before the effective

13 date of the Patent and Trademark Office Reform Act of

14 1995 may serve as the Commissioner until a Commis15 sioner has been appointed under subsection (a).

16 ‘‘(B) The individual serving as the Assistant Commis17 sioner for Patents on the day before the effective date of

18 the Patent and Trademark Office Reform Act of 1995

19 may serve as the Deputy Commissioner for Patents until

20 a Deputy Commissioner for Patents has been appointed

21 under subsection (b).

22 ‘‘(C) The individual serving as the Assistant Commis23 sioner for Trademarks on the day before the effective date

24 of the Patent and Trademark Office Reform Act of 1995
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1 may serve as Deputy Commissioner for Trademarks until

2 a Commissioner has been appointed under subsection (b).

3 ‘‘(j) For purposes of appointment to a position in the

4 competitive service for which an officer or employee of the

5 Corporation is qualified, such officer or employee shall—

6 ‘‘(1) not forfeit any competitive status, acquired

7 by such officer or employee before the effective date

8 of the Patent and Trademark Office Reform Act of

9 1995, by reason of becoming an officer or employee

10 of the Corporation under subsection (i)(1); or

11 ‘‘(2) if not covered by paragraph (1), acquire

12 competitive status after completing at least 1 year of

13 continuous service under a nontemporary appoint14 ment to a position within the Corporation (taking

15 into account such service, performed before the ef16 fective date described in paragraph (1), as may be

17 appropriate).

18 ‘‘(k) All orders, determinations, rules, and regula19 tions regarding compensation and benefits and other

20 terms and conditions of employment in effect for the Of21 fice and its officers and employees on the day before the

22 effective date of the Patent and Trademark Office Reform

23 Act of 1995 shall continue in effect with respect to the

24 Corporation and its officers and employees until modified,

25 superseded, or set aside by the Corporation or a court of
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1 competent jurisdiction or by operation of law. The collec2 tive bargaining agreements between the Patent and

3 Trademark Office and the National Treasury Employees

4 Union 243, dated March 13, 1993, the Patent and Trade5 mark Office and the National Treasury Employees Union

6 245, dated July 20, 1993, and the Patent and Trademark

7 Office and the Patent Office Professional Association,

8 dated October 6, 1986, as well as the recognition of the

9 three units, shall remain in effect until modified, super10 seded, or set aside by the parties.

11 ‘‘§ 4. Restrictions on officers and employees as to in12 terest in patents

13 ‘‘Officers and employees of the Patent and Trade14 mark Corporation shall be incapable, during the period of

15 their appointments and for 1 year thereafter, of applying

16 for a patent and of acquiring, directly or indirectly, except

17 by inheritance or bequest, any patent or any right or inter18 est in any patent, issued or to be issued by the Corpora19 tion. In patents applied for thereafter they shall not be

20 entitled to any priority date earlier than 1 year after the

21 termination of their appointment.

22 ‘‘§ 5. Advisory Board

23 ‘‘(a)(1) There is established an Advisory Board of the

24 Corporation, which shall consist of thirteen members, as

25 follows:
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1 ‘‘(A) The Commissioner of Patents and Trade2 marks, ex officio.

3 ‘‘(B) Twelve members appointed by the Sec4 retary who shall be United States citizens of high in5 tegrity and demonstrated accomplishment in a vari6 ety of fields, including, finance, labor relations,

7 consumer affairs, academia, large and small business

8 or as an independent inventor. At least 6 shall have

9 strong backgrounds in patents or trademarks.

10 ‘‘(2) No other person may substitute for a member

11 of the Advisory Board.

12 ‘‘(3) The Secretary shall designate the chair of the

13 Board, whose term as chair shall be for 3 years.

14 ‘‘(4) Initial appointments to the Board shall be made

15 within 3 months after the effective date of the Patent and

16 Trademark Office Reform Act of 1995, and vacancies

17 shall be filled within 3 months after they occur.

18 ‘‘(b) Of those members of the Board specified in sub19 section (a)(1)(A) who are original appointees, the Sec20 retary shall designate 4 who shall serve for a term of 1

21 year, 4 who shall serve for a term of 2 years, and 4 who

22 shall serve for a term of 3 years. The term of members

23 of the Board appointed after the expiration of the terms

24 of the first appointed members of the Board shall be 3

25 years. The Secretary shall appoint an individual to serve
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1 the unexpired term of a member who withdraws or other2 wise is unable to serve for the full term.

3 ‘‘(c) Members of the Board specified in subsection

4 (a)(1)(B) shall be special Government employees within

5 the meaning of section 202 of title 18. Members of the

6 Board specified in subsection (a)(1)(B) shall serve on a

7 part-time basis and shall be compensated at a per diem

8 rate equivalent to level III of the Executive Schedule

9 under section 5314 of title 5, in addition to reimbursement

10 of reasonable incurred expenses when engaged in perform11 ance of duties vested in the Board.

12 ‘‘(d) The Board shall—

13 ‘‘(1) review the Corporation’s policies, goals,

14 performance, budget, and user fees and advise the

15 Commissioner on these matters and any other mat16 ter that the Commissioner refers to the Board;

17 ‘‘(2) within 60 days after the end of each fiscal

18 year, prepare an annual report on the matters re19 ferred to in paragraph (1), transmit the report to

20 the President, the Commissioner, and the Commit21 tees on the Judiciary of the Senate and the House

22 of Representatives, and publish the report in the

23 Patent and Trademark Office Official Gazette; and
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1 ‘‘(3) meet at least quarterly, as provided by the

2 bylaws of the Corporation, and at any time at the

3 request of the Commissioner.

4 ‘‘(e)(1) The Corporation shall provide at the request

5 of the Board such assistance as is necessary for the Board

6 to perform its functions.

7 ‘‘(2) Members of the Board shall be provided access

8 to records and information of the Corporation, except for

9 personnel or other privileged information and information

10 concerning patent applications required to be kept in con11 fidence by section 122 of this title.

12 ‘‘(f) The provisions of the Federal Advisory Commit13 tee Act (5 U.S.C. App.) shall not apply to any activities

14 of the Board, except that members shall be considered to

15 be serving on an advisory committee within the meaning

16 of the Federal Advisory Committee Act for purposes of

17 section 208(b)(3) of title 18.

18 ‘‘§ 6. Suits by and against the Corporation

19 ‘‘(a)(1) Any civil action, suit, or proceeding to which

20 the Corporation is a party is deemed to arise under the

21 laws of the United States. Exclusive jurisdiction over all

22 civil actions by or against the Corporation is in the Fed23 eral courts as provided by law. For purposes of filing suits,

24 the Commissioner shall be the head of the Corporation.
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1 ‘‘(2) Any action, suit, or proceeding against the Cor2 poration founded upon contract shall be subject to the lim3 itations and exclusive remedy provided in sections

4 1346(a)(2) and 1491 through 1509 of title 28, whether

5 or not such contract claims are cognizable under sections

6 507, 1346, 1402, 1491, 1496, 1497, 1501, 1503, 2071,

7 2072, 2411, 2501, and 2512 of title 28. For purposes of

8 the Contract Disputes Act of 1978, the Commissioner

9 shall be deemed to be the agency head with respect to con10 tract claims arising with respect to the Corporation.

11 ‘‘(3) Any action, suit, or proceeding against the Cor12 poration founded upon tort shall be subject to the limita13 tions and exclusive remedies provided in sections 1346(a)

14 and 2671 through 2680 of title 28, whether or not such

15 tort claims are cognizable under section 1346(b) of title

16 28.

17 ‘‘(4) Any action, suit, or proceeding against the Cor18 poration based upon an alleged violation of section 717

19 of the Civil Rights Act of 1964 (42 U.S.C. 2000e–16),

20 section 15 of the Age Discrimination in Employment Act

21 of 1967 (29 U.S.C. 633a), title V of the Rehabilitation

22 Act of 1973 (29 U.S.C. 791 et seq.) or section 6(d) of

23 the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d))

24 shall be subject to the limitations and exclusive remedies
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1 provided for other Federal Government executive agencies

2 for a violation of such section or title.

3 ‘‘(5) No attachment, garnishment, lien, or similar

4 process, intermediate or final, in law or equity, may be

5 issued against property of the Corporation.

6 ‘‘(6) The Corporation shall be substituted as defend7 ant in any civil action, suit, or proceeding against an em8 ployee of the Corporation, if the Corporation determines

9 that the employee was acting within the scope of the em10 ployee’s employment with the Corporation. If the Corpora11 tion refuses to certify scope of employment, the employee

12 may at any time before trial, petition the court to find

13 and certify that the employee was acting within the scope

14 of the employee’s employment. Upon certification by the

15 court, the Corporation shall be substituted as the party

16 defendant. A copy of the petition shall be served upon the

17 Corporation.

18 ‘‘(b)(1) Except as further provided in this section, in

19 relation to all judicial proceedings in which the Corpora20 tion or an employee is a party or in which the Corporation

21 is interested and which arise from or relate to employees

22 acting within the scope of their employment, torts, con23 tracts, property, registration of patent and trademark

24 practitioners, patents or trademarks, or fees, the Corpora25 tion may exercise, without prior authorization from the
26

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1 Attorney General, the authorities and duties that other2 wise would be exercised by the Attorney General on behalf

3 of the Corporation under title 28 and other laws. In all

4 other judicial proceedings in which the Corporation or an

5 employee of the Corporation is a party or is interested,

6 the Corporation may exercise these authorities and duties

7 only after obtaining authorization from the Attorney Gen8 eral.

9 ‘‘(2) The Attorney General may file an appearance

10 on behalf of the Corporation or an employee of the Cor11 poration, without the consent of the Corporation, in any

12 suit in which the Corporation is a party and represent the

13 Corporation with exclusive authority in the conduct, settle14 ment, or compromise of that suit.

15 ‘‘(3) The Corporation may consult with the Attorney

16 General concerning any legal matter, and the Attorney

17 General shall provide advice and assistance to the Cor18 poration, including representing the Corporation in litiga19 tion, if requested by the Corporation.

20 ‘‘(4) The Attorney General shall represent the Cor21 poration in all cases before the United States Supreme

22 Court.

23 ‘‘(5) An attorney admitted to practice to the bar of

24 the highest court of at least one State in the United States

25 or the District of Columbia and appointed by the Corpora-
27

•S 1458 IS

1 tion may represent the Corporation in any legal proceed2 ing in which the Corporation or an employee of the Cor3 poration is a party or interested, regardless of whether

4 the attorney is a resident of the jurisdiction in which the

5 proceeding is held and notwithstanding any other pre6 requisites of qualification or appearance required by the

7 court or administrative body.

8 ‘‘§ 7. Board of Patent Appeals and Interferences

9 ‘‘(a) There shall be in the Patent and Trademark

10 Corporation a Board of Patent Appeals and Interferences.

11 The Commissioner, the officer principally responsible for

12 the examination of patents, the officer principally respon13 sible for the examination of trademarks, and the examin14 ers-in-chief shall constitute the Board. The examiners-in15 chief shall be persons of competent legal knowledge and

16 scientific ability.

17 ‘‘(b) The Board of Patent Appeals and Interferences

18 shall, on written appeal of an applicant, review adverse

19 decisions of examiners upon applications for patents and

20 shall determine priority and patentability of invention in

21 interferences declared under section 135(a) of this title

22 (35 U.S.C. 135(a)). Each appeal and interference shall be

23 heard by at least 3 members of the Board, who shall be

24 designated by the Commissioner. Only the Board of Pat25 ent Appeals and Interferences may grant rehearings.’’.
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1 SEC. 102. MANAGEMENT REPORT.

2 Section 14 of title 35, United States Code, is amend3 ed to read as follows:

4 ‘‘§ 14. Annual report to Congress

5 ‘‘The Corporation shall prepare and submit to the

6 Congress an annual management report as required under

7 section 9106 of title 31.’’.

8 SEC. 103. USE OF CORPORATION NAME AND DEFINITIONS.

9 Chapter 1 of title 35, United States Code, is amended

10 by inserting after section 14 the following new sections:

11 ‘‘§ 15. Use of Corporation name

12 ‘‘No individual, association, partnership, or corpora13 tion, except the Corporation, shall hereafter use the words

14 ‘United States Patent and Trademark Corporation’, ‘Pat15 ent and Trademark Office’, or any combination of such

16 words, as the name or part thereof under which such indi17 vidual or entity shall do business. Violations of the fore18 going may be enjoined by any Federal court at the suit

19 of the Corporation. In any such suit, the Corporation shall

20 be entitled to statutory damages of $1,000 for each day

21 during which such violation continues or is repeated and,

22 in addition, may recover actual damages flowing from such

23 violation.

24 ‘‘§ 16. Definitions

25 ‘‘For purposes of this title:
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1 ‘‘(1) The term ‘Advisory Board’ means the Ad2 visory Board of the United States Patent and

3 Trademark Corporation.

4 ‘‘(2) The term ‘Commissioner’ means the Com5 missioner of the United States Parent and Trade6 mark Corporation.

7 ‘‘(3) The term ‘Corporation’ means the United

8 States Patent and Trademark Corporation.

9 ‘‘(4) The term ‘intellectual property’ shall in10 clude rights in inventions; in trademarks, service

11 marks, and commercial names and designations; in

12 literary, artistic and scientific works; in perform13 ances of performing artists, phonograms and broad14 casts; in industrial designs; in trade secrets and sci15 entific discoveries; in semiconductor chip layout de16 signs; in geographical indications; and all other

17 rights resulting from intellectual activity in the in18 dustrial, scientific, literary, or artistic fields.

19 ‘‘(5) The terms ‘Patent and Trademark Office’

20 and ‘Office’ mean the Patent and Trademark Office

21 of the Department of Commerce.

22 ‘‘(6) The term ‘Secretary’ means the Secretary

23 of Commerce.’’.
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1 SEC. 104. SUSPENSION OR EXCLUSION FROM PRACTICE.

2 Section 32 of title 35, United States Code, is amend3 ed by inserting before the last sentence the following: ‘‘The

4 Commissioner shall have the discretion to designate any

5 attorney who is an officer or employee of the Patent and

6 Trademark Corporation to conduct the hearing required

7 by this section.’’.

8 SEC. 105. FEES.

9 (a) IN GENERAL.—Chapter 4 of title 35, United

10 States Code, is amended by striking out section 42 and

11 inserting in lieu thereof the following:

12 ‘‘§ 42. Patent and Trademark Corporation funding

13 ‘‘(a) All fees for services performed by or materials

14 furnished by the Patent and Trademark Corporation will

15 be payable to the Corporation.

16 ‘‘(b)(1) Moneys of the Corporation not otherwise used

17 to carry out the functions of the Corporation shall be kept

18 in cash on hand or on deposit, or invested in obligations

19 of the United States or guaranteed thereby, or in obliga20 tions or other instruments which are lawful investments

21 for fiduciary, trust, or public funds.

22 ‘‘(2) Fees available to the Commissioner under this

23 title shall be used exclusively for the processing of patent

24 applications and for other services and materials relating

25 to patents. Fees available to the Commissioner under sec26 tion 31 of the Act of July 5, 1946 (commonly referred
31

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1 to as the ‘Trademark Act of 1946’) (15 U.S.C. 1113) shall

2 be used exclusively for the processing of trademark reg3 istrations and for other services and materials relating to

4 trademarks.

5 ‘‘(c) The Corporation is authorized to issue from time

6 to time for purchase by the Secretary of the Treasury its

7 debentures, bonds, notes, and other evidences of indebted8 ness (collectively referred to as ‘obligations’) in an amount

9 not exceeding $2,000,000,000 outstanding at any one

10 time, to assist in financing its activities. Such obligations

11 shall be redeemable at the option of the Corporation before

12 maturity in the manner stipulated in such obligations and

13 shall have such maturity as is determined by the Corpora14 tion with the approval of the Secretary of the Treasury.

15 Each such obligation issued to the Treasury shall bear in16 terest at a rate not less than the current yield on outstand17 ing marketable obligations of the United States of com18 parable maturity during the month preceding the issuance

19 of the obligation as determined by the Secretary of the

20 Treasury. The Secretary of the Treasury shall purchase

21 any obligations of the Corporation issued hereunder and

22 for such purpose the Secretary of the Treasury is author23 ized to use as a public debt transaction the proceeds of

24 any securities issued under chapter 31 of title 31, and the

25 purposes for which securities may be issued under that
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1 chapter are extended to include such purpose. Payment

2 under this section of the purchase price of such obligations

3 of the Corporation shall be treated as public debt trans4 actions of the United States.

5 ‘‘§ 43. Audits

6 ‘‘(a) Financial statements of the Corporation shall be

7 prepared on an annual basis in accordance with generally

8 accepted accounting principles and shall be made publicly

9 available in a timely manner. Such statements shall be au10 dited by an independent certified public accountant chosen

11 by the Secretary. The audit shall be conducted in accord12 ance with standards that are consistent with generally ac13 cepted government auditing standards and other stand14 ards established by the Comptroller General, and with the

15 private sector’s generally accepted auditing standards, to

16 the extent feasible. Upon the completion of the audit re17 quired by this subsection, the person who audits the state18 ment shall submit a report on the audit to the Congress

19 and the Corporation.

20 ‘‘(b) The Comptroller General may review any audit

21 of the Corporation’s financial statements conducted under

22 subsection (a). The Comptroller General shall report to

23 the Congress and the Corporation the results of any such

24 review and shall include in such report appropriate rec25 ommendations.
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1 ‘‘(c) The Comptroller General may audit the financial

2 statements of the Corporation and such audit shall be in

3 lieu of the audit required by subsection (a). The Corpora4 tion shall reimburse the Comptroller General for the cost

5 of any audit conducted under this subsection.

6 ‘‘(d) All books, financial records, report files, memo7 randa, and other property that the Comptroller General

8 deems necessary for the performance of any audit shall

9 be made available to the Comptroller General.

10 ‘‘(e) This section shall apply to the Corporation in

11 lieu of the provisions of section 9105 of title 31.’’.

12 (b) SURCHARGE FUND.—(1) On the effective date of

13 this Act, there are transferred to the Patent and Trade14 mark Office those residual and unappropriated balances

15 remaining as of the effective date within the Patent and

16 Trademark Office Surcharge Fund established by section

17 10101(b) of the Omnibus Budget Reconciliation Act of

18 1990 (35 U.S.C. 41 note).

19 (2) Notwithstanding any other provision of law, effec20 tive on and after October 1, 1998, section 10101 of the

21 Omnibus Reconciliation Act of 1990 (35 U.S.C. 41 note)

22 shall cease to apply to the revenues of the Corporation.

23 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

24 (1) The table of sections for chapter 4 of title 35, United
34

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1 States Code, is amended by striking out the item relating

2 to section 42 and inserting in lieu thereof the following:

‘‘42. Patent and Trademark Corporation funding.

‘‘43. Audits.’’.

3 (2) Section 10101 of the Omnibus Reconciliation Act

4 of 1990 (35 U.S.C. 41 note) is amended—

5 (A) in subsection (a), by striking out ‘‘sub6 sections (a) and (b) of’’;

7 (B) in paragraphs (1)(A) and (2)(A) of sub8 section (b), by striking out ‘‘Patent and Trademark

9 activities in the Department of Commerce’’ and in10 serting in lieu thereof ‘‘United States Patent and

11 Trademark Corporation’’;

12 (C) in subsection (b), by striking out ‘‘Patent

13 and Trademark Office’’ each place it appears and in14 serting in each such place ‘‘United States Patent

15 and Trademark Corporation’’; and

16 (D) in subsection (c), by striking out ‘‘Commis17 sioner of Patents and Trademarks’’ and inserting in

18 lieu thereof ‘‘Commissioner of the United States

19 Patent and Trademark Corporation’’.

20 SEC. 106. TRADEMARK TRIAL AND APPEAL BOARD.

21 Section 17 of the Act of July 5, 1946 (commonly re22 ferred to as the Trademark Act of 1946) (15 U.S.C. 1067)

23 is amended to read as follows:
35

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1 ‘‘SEC. 17. (a) In every case of interference, opposition

2 to registration, application to register as a lawful concur3 rent user, or application to cancel the registration of a

4 mark, the Commissioner shall give notice to all parties and

5 shall direct a Trademark Trial and Appeal Board to deter6 mine and decide the respective rights of registration.

7 ‘‘(b) The Trademark Trial and Appeal Board shall

8 include the Commissioner, the officer principally respon9 sible for the examination of trademarks, the officer prin10 cipally responsible for the examination of patents, and

11 members competent in trademark law, who are appointed

12 by the Commissioner of the United States Patent and

13 Trademark Corporation.’’.

14 SEC. 107. TRANSFERS.

15 (a) FUNCTIONS.—Except as otherwise provided in

16 this Act, there are transferred to, and vested in, the

17 United States Patent and Trademark Corporation all

18 functions, powers, and duties vested by law in the Sec19 retary of Commerce or the Department of Commerce or

20 in officers or components in the Department with respect

21 to the authority to grant patents and register trademarks,

22 and the Patent and Trademark Office, and in the officers

23 and components of such Office.

24 (b) ASSETS.—The Secretary of Commerce is author25 ized and directed, without need of further appropriation,
36

•S 1458 IS

1 to transfer to the United States Patent and Trademark

2 Corporation, on the effective date of this title, those as3 sets, liabilities, contracts, property, records, and unex4 pended and unobligated balances of appropriations, au5 thorizations, allocations, and other funds employed, held,

6 used, arising from, available or to be made available to

7 the Department of Commerce (inclusive of funds set aside

8 for accounts receivable which are related to functions,

9 powers, and duties which are vested in the Corporation

10 by this title).

11 SEC. 108. TRANSITION PROVISIONS.

12 (a) CONTRACTS AND AGREEMENTS.—Except as oth13 erwise provided in this Act, all contracts, agreements,

14 leases and other business instruments, licenses, permits,

15 and privileges that have been afforded to the Patent and

16 Trademark Office before the effective date of this Act,

17 shall continue in effect as if the United States Patent and

18 Trademark Corporation had executed such contracts,

19 agreements, leases, or other business instruments which

20 have been made in the exercise of functions which are

21 transferred to the Corporation by this Act.

22 (b) RULES.—Until changed by the United States

23 Patent and Trademark Corporation, any procedural and

24 administrative rules applicable to particular functions over

25 which the Corporation acquires jurisdiction on the effec-
37

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1 tive date of this Act shall continue in effect with respect

2 to such particular functions.

3 (c) APPLICATION OF DEPARTMENT RULES TO COR4 PORATION.—Unless otherwise provided by this Act, as re5 lated to the functions vested in the United States Patent

6 and Trademark Corporation by this Act, all orders, deter7 minations, rules, regulations, and privileges of the Depart8 ment shall cease to apply to the Corporation on the effec9 tive date of this Act, except for those which the Corpora10 tion determines shall continue to be applicable.

11 (d) PENDING PROCEEDINGS.—Except as otherwise

12 provided in this Act, the transfer of functions related to

13 and vested in the United States Patent and Trademark

14 Corporation by this Act shall not affect judicial, adminis15 trative, or other proceedings which are pending at the time

16 this Act takes effect, and such proceedings shall be contin17 ued by the Corporation.

18 (e) REFERENCES.—Reference in any other Federal

19 law, Executive order, rule, regulation, or delegation of au20 thority, or any document of or relating to—

21 (1) the Commissioner of Patents and Trade22 marks shall be deemed to refer to the Commissioner

23 of the United States Patent and Trademark Cor24 poration; and
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1 (2) the Patent and Trademark Office shall be

2 deemed to refer to the United States Patent and

3 Trademark Corporation.

4 SEC. 109. NONAPPLICABILITY OF FEDERAL WORKFORCE

5 REDUCTIONS.

6 No full-time equivalent position in the Patent and

7 Trademark Corporation shall be eliminated to meet the

8 requirements of section 5 of the Federal Workforce Re9 structuring Act of 1994 (5 U.S.C. 3101 note).

10 SEC. 110. TECHNICAL AND CONFORMING AMENDMENTS.

11 Make the following amendments:

12 (1) Section 500(e) of title 5, United States

13 Code, is amended by striking out ‘‘the Patent Of14 fice’’ and inserting in lieu thereof ‘‘the United States

15 Patent and Trademark Corporation’’.

16 (2) Section 5102(c)(23) of title 5, United

17 States Code, is amended by striking out ‘‘Patent

18 and Trademark Office’’ and inserting in lieu thereof

19 ‘‘United States Patent and Trademark Corpora20 tion’’.

21 (3) Section 5313 of title 5, United States Code,

22 is amended by adding at the end thereof the follow23 ing:
39

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1 ‘‘Commissioner of Patents and Trademarks,

2 United States Patent and Trademark Office, De3 partment of Commerce.’’.

4 (4) Section 5315 of title 5, United States Code,

5 is amended by adding at the end thereof the follow6 ing:

7 ‘‘Inspector General, United States Patent and

8 Trademark Corporation.’’.

9 (5) Section 5316 of title 5, United States Code

10 (5 U.S.C. 5316), is amended by striking out the

11 items relating to Commissioner of Patents, Depart12 ment of Commerce, Deputy Commissioner for Pat13 ents, Assistant Commissioner for Patents, and As14 sistant Commissioner for Trademarks.

15 (6) Section 8G(a)(2) of the Inspector General

16 Act of 1978 (5 U.S.C. App.) is amended by inserting

17 ‘‘the United States Patent and Trademark Corpora18 tion,’’ before ‘‘and the United States Postal Serv19 ice’’.

20 (7) Section 13 of title 35, United States Code,

21 is amended by striking out ‘‘at the rate for each

22 year’s issue established for this purpose in section

23 41(d) of this title’’.

24 (8) The provisions of the Act of July 5, 1946

25 (commonly referred to as the Trademark Act of
40

•S 1458 IS

1 1946) (15 U.S.C. 1051 et seq.), other than section

2 29, are amended by striking out ‘‘Patent and Trade3 mark Office’’ and ‘‘United States Patent and Trade4 mark Office’’ each place such terms appear and in5 serting in each such place ‘‘United States Patent

6 and Trademark Corporation’’.

7 (9) The Act of July 5, 1946 (commonly re8 ferred to as the Trademark Act of 1946) is amended

9 in section 12(a) (15 U.S.C. 1062(a)) by striking out

10 ‘‘shall refer the application to the examiner in

11 charge of the registration of marks’’.

12 (10) Section 4 of the Act of February 14, 1903

13 (15 U.S.C. 1511) is amended by striking out ‘‘Pat14 ent and Trademark Office’’.

15 (11) Section 19 of the Tennessee Valley Au16 thority Act of 1933 (16 U.S.C. 831r) is amended by

17 striking out ‘‘Patent and Trademark Office of the

18 United States’’ and inserting in lieu thereof ‘‘United

19 States Patent and Trademark Corporation’’.

20 (12) Section 2320(d)(1)(A)(ii) of title 18,

21 United States Code, is amended by striking out

22 ‘‘United States Patent and Trademark Office’’ and

23 inserting in lieu thereof ‘‘United States Patent and

24 Trademark Corporation’’.
41

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1 (13) Section 526 of the Tariff Act of 1930 (19

2 U.S.C. 1526(a)) is amended by striking out ‘‘Patent

3 and Trademark Office’’ and inserting in lieu thereof

4 ‘‘United States Patent and Trademark Corpora5 tion’’.

6 (14) The Joint Resolution approved April 12,

7 1892 (20 U.S.C. 91) is amended by striking out

8 ‘‘Patent Office’’ and inserting in lieu thereof

9 ‘‘United States Patent and Trademark Corpora10 tion’’.

11 (15) Section 505(m) of the Federal Food,

12 Drug, and Cosmetic Act (21 U.S.C. 355(m)) is

13 amended by striking out ‘‘Patent and Trademark

14 Office of the Department of Commerce’’

15 and inserting in lieu thereof ‘‘United States Patent

16 and Trademark Corporation’’.

17 (16) Section 512(o) of the Federal Food, Drug,

18 and Cosmetic Act (21 U.S.C. 360b(o)) is amended

19 by striking out ‘‘Patent and Trademark Office of the

20 Department of Commerce’’ and inserting in lieu

21 thereof ‘‘United States Patent and Trademark Cor22 poration’’.

23 (17) Section 702(d) of the Federal Food, Drug,

24 and Cosmetic Act (21 U.S.C. 372(d)) is amended by

25 striking out ‘‘Commissioner of Patents’’ and insert-
42

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1 ing in lieu thereof ‘‘Commissioner of Patents and

2 Trademarks’’.

3 (18) Section 501(b)(1) of the Jobs Through

4 Trade Expansion Act of 1994 (22 U.S.C. 2151t–

5 1(b)(1)) is amended by striking out ‘‘Patent and

6 Trademark Office’’ and inserting in lieu thereof

7 ‘‘United States Patent and Trademark Corpora8 tion’’.

9 (19) Section 2 of the Act of August 27, 1935

10 (25 U.S.C. 305a) is amended by striking out ‘‘Pat11 ent and Trademark Office’’ and inserting in lieu

12 thereof ‘‘United States Patent and Trademark Cor13 poration’’.

14 (20) Section 105(e) of the Federal Alcohol Ad15 ministration Act (27 U.S.C. 205(e)) is amended by

16 striking out ‘‘Patent Office’’ and inserting in lieu

17 thereof ‘‘United States Patent and Trademark Cor18 poration’’.

19 (21) Section 1295(a)(4) of title 28, United

20 States Code, is amended by striking out ‘‘Patent

21 and Trademark Office’’ and inserting in lieu thereof

22 ‘‘United States Patent and Trademark Corpora23 tion’’.

24 (22) Section 1744 of title 28, United States

25 Code, is amended—
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1 (A) in the section heading by striking out

2 ‘‘Patent Office’’ and inserting in lieu thereof

3 ‘‘United States Patent and Trademark

4 Office’’;

5 (B) by striking out ‘‘Patent Office’’ each

6 place such term appears and inserting in lieu

7 thereof ‘‘United States Patent and Trademark

8 Corporation’’; and

9 (C) by striking out ‘‘Commissioner of Pat10 ents’’ and inserting in lieu thereof ‘‘Commis11 sioner of Patents and Trademarks’’.

12 (23) Section 1745 of title 28, United States

13 Code, is amended by striking out ‘‘United States

14 Patent Office’’ and inserting in lieu thereof ‘‘United

15 States Patent and Trademark Corporation’’.

16 (24) Section 1928 of title 28, United States

17 Code, is amended by striking out ‘‘Patent Office’’

18 and inserting in lieu thereof ‘‘United States Patent

19 and Trademark Corporation’’.

20 (25) Section 9101(3) of title 31, United States

21 Code, is amended by adding at the end thereof:

22 ‘‘(O) the United States Patent and Trade23 mark Corporation.’’.

24 (26) The provisions of title 35, United States

25 Code, are amended by striking out ‘‘Patent and
44

•S 1458 IS

1 Trademark Office’’ and ‘‘United States Patent and

2 Trademark Office’’ each place such terms appear

3 and inserting in each such place ‘‘United States Pat4 ent and Trademark Corporation’’.

5 (27) The table of sections for chapter 1 of part

6 I of title 35, United States Code, is amended to read

7 as follows:

8 ‘‘CHAPTER 1—ESTABLISHMENT,

9 OFFICERS, FUNCTIONS

‘‘Sec.

‘‘1. Establishment.

‘‘2. Powers and duties.

‘‘3. Officers and employees.

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

‘‘5. Advisory Board.

‘‘6. Suits by and against the Corporation.

‘‘7. Board of Patent Appeals and Interferences.

‘‘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.

‘‘15. Use of Corporation name.

‘‘16. Definitions.’’.

10 (28) Section 302 of title 35, United States

11 Code, is amended in the second sentence by insert12 ing ‘‘established’’ before ‘‘pursuant’’.

13 (29) Sections 371(c)(1) and 376(a) of title 35,

14 United States Code, are amended by striking out

15 ‘‘provided’’ and inserting in lieu thereof ‘‘established

16 under’’.
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1 (30) Section 602 of the Federal Property and

2 Administrative Services Act of 1949 (40 U.S.C. 474)

3 is amended by inserting after paragraph (21) the

4 following new paragraph:

5 ‘‘(22) the United States Patent and Trademark

6 Corporation,’’.

7 (31) Section 151 (c) and (d) of the Atomic En8 ergy Act of 1954 (42 U.S.C. 2181 (c) and (d)) are

9 each amended by striking out ‘‘Commissioner of

10 Patents’’ and inserting in lieu thereof ‘‘Commis11 sioner of Patents and Trademarks’’.

12 (32) Section 160 of the Atomic Energy Act of

13 1954 (42 U.S.C. 2190) is amended by striking out

14 ‘‘Patent Office’’ and inserting in lieu thereof

15 ‘‘United States Patent and Trademark Corpora16 tion’’.

17 (33) Section 305(c) of the National Aeronautics

18 and Space Act of 1958 (42 U.S.C. 2457(c)) is

19 amended by striking out ‘‘Commissioner of Patents’’

20 and inserting in lieu thereof ‘‘Commissioner of Pat21 ents and Trademarks’’.

22 (34) Section 12(a) of the Solar Energy Re23 search, Development, and Demonstration Act of

24 1974 (42 U.S.C. 5510(a)) is amended by striking

25 out ‘‘Commissioner of Patent Office’’ and inserting
46

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1 in lieu thereof ‘‘Commissioner of Patents and Trade2 marks’’.

3 (35) Section 1111 of title 44, United States

4 Code, is amended by striking out ‘‘Commissioner of

5 Patents’’ and inserting in lieu thereof ‘‘Commis6 sioner of Patents and Trademarks’’.

7 (36) Section 1123 of title 44, United States

8 Code, is amended by striking out ‘‘the Patent Of9 fice,’’.

10 (37) Section 1114 of title 44, United States

11 Code, is amended by striking out ‘‘Commissioner of

12 Patents,’’.

13 (38)(A) Sections 1337 and 1338 of title 44,

14 United States Code, are repealed.

15 (B) The table of sections for chapter 13 of title

16 44, United States Code, is amended by striking out

17 the items relating to sections 1337 and 1338.

18 (39) Section 10(i) of the Trading with the

19 Enemy Act (50 U.S.C. App. 10) is amended by

20 striking out ‘‘Commissioner of Patents’’ and insert21 ing in lieu thereof ‘‘Commissioner of Patents and

22 Trademarks’’.
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1 TITLE II—MISCELLANEOUS

2 PROVISIONS

3 SEC. 201. SEPARABILITY.

4 If any provision of this Act or the application thereof

5 to any person or circumstance is held invalid, the remain6 der of this Act, and the application of such provision to

7 other persons or circumstances shall not be affected there8 by.

9 SEC. 202. EFFECTIVE DATE.

10 This Act shall take effect 180 days after the date of

11 the enactment of this Act.

Æ

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