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in the patent is substantially identical to the inven-
tion as claimed in the published patent application.
‘‘(3) TIME LIMITATION ON OBTAINING A REA-
SONABLE ROYALTY.—The right under paragraph (1)
to obtain a reasonable royalty shall be available only
in an action brought not later than 6 years after the
patent is issued. The right under paragraph (1) to
obtain a reasonable royalty shall not be affected by
the duration of the period described in paragraph
(1).
‘‘(4) REQUIREMENTS FOR INTERNATIONAL AP-
PLICATIONS.—
‘‘(A) EFFECTIVE DATE.—The right under
paragraph (1) to obtain a reasonable royalty
based upon the publication under the treaty de-
fined in section 351(a) of an international ap-
plication designating the United States shall
commence on the date on which the Patent and
Trademark Office receives a copy of the publi-
cation under the treaty of the international ap-
plication, or, if the publication under the treaty
of the international application is in a language
other than English, on the date on which the
Patent and Trademark Office receives a trans-
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lation of the international application in the
English language.
‘‘(B) COPIES.—The Director may require
the applicant to provide a copy of the inter-
national application and a translation thereof.’’.
SEC. 405. PRIOR ART EFFECT OF PUBLISHED APPLICA-
TIONS.
Section 102(e) of title 35, United States Code, is
amended to read as follows:
‘‘(e) the invention was described in—
‘‘(1)(A) an application for patent, published
pursuant to section 122(b), by another filed in the
United States before the invention by the applicant
for patent, except that an international application
filed under the treaty defined in section 351(a) shall
have the effect under this subsection of a national
application published under section 122(b) only if
the international application designating the United
States was published under Article 21(2)(a) of such
treaty in the English language; or
‘‘(B) a patent granted on an application for
patent by another filed in the United States before
the invention by the applicant for patent, except that
a patent shall not be deemed filed in the United
States for the purposes of this subsection based on
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the filing of an international application filed under
the treaty defined in section 351(a); or’’.
SEC. 406. COST RECOVERY FOR PUBLICATION.
The Director of the United States Patent and Trade-
mark Office shall recover the cost of early publication re-
quired by the amendment made by section 402 by charg-
ing a separate publication fee after notice of allowance is
given pursuant to section 151 of title 35, United States
Code.
SEC. 407. CONFORMING AMENDMENTS.
The following provisions of title 35, United States
Code, are amended:
(1) Section 11 is amended in paragraph 1 of
subsection (a) by inserting ‘‘and published applica-
tions for patents’’ after ‘‘Patents’’.
(2) Section 12 is amended—
(A) in the section caption by inserting
‘‘and applications’’ after ‘‘patents’’; and
(B) by inserting ‘‘and published applica-
tions for patents’’ after ‘‘patents’’.
(3) Section 13 is amended—
(A) in the section caption by inserting
‘‘and applications’’ after ‘‘patents’’; and
(B) by inserting ‘‘and published applica-
tions for patents’’ after ‘‘patents’’.
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(4) The item relating to section 122 in the table
of sections for chapter 11 is amended by inserting
‘‘; publication of patent applications’’ after ‘‘applica-
tions’’.
(5) The item relating to section 154 in the table
of sections for chapter 14 is amended by inserting
‘‘; provisional rights’’ after ‘‘patent’’.
(6) Section 181 is amended—
(A) in the first undesignated paragraph—
(i) by inserting ‘‘by the publication of
an application or’’ after ‘‘disclosure’’; and
(ii) by inserting ‘‘the publication of
the application or’’ after ‘‘withhold’’;
(B) in the second undesignated paragraph
by inserting ‘‘by the publication of an applica-
tion or’’ after ‘‘disclosure of an invention’’;
(C) in the third undesignated paragraph—
(i) by inserting ‘‘by the publication of
the application or’’ after ‘‘disclosure of the
invention’’; and
(ii) by inserting ‘‘the publication of
the application or’’ after ‘‘withhold’’; and
(D) in the fourth undesignated paragraph
by inserting ‘‘the publication of an application
or’’ after ‘‘and’’ in the first sentence.
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(7) Section 252 is amended in the first undesig-
nated paragraph by inserting ‘‘substantially’’ before
‘‘identical’’ each place it appears.
(8) Section 284 is amended by adding at the
end of the second undesignated paragraph the fol-
lowing: ‘‘Increased damages under this paragraph
shall not apply to provisional rights under section
154(d) of this title.’’.
(9) Section 374 is amended to read as follows:
‘‘§ 374. Publication of international application: effect
‘‘The publication under the treaty defined in section
351(a) of this title of an international application desig-
nating the United States shall confer the same rights and
shall have the same effect under this title as an application
for patent published under section 122(b), except as pro-
vided in sections 102(e) and 154(d).’’.
SEC. 408. EFFECTIVE DATE.
This title and the amendments made by this title,
shall take effect on the date that is 1 year after the date
of the enactment of this Act and shall apply to all applica-
tions filed under section 111 of title 35, United States
Code, on or after that date, and all applications complying
with section 371 of title 35, United States Code, that re-
sulted from international applications filed on or after that
date. The amendments made by sections 404 and 405
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shall apply to any such application voluntarily published
by the applicant under procedures established under this
title that is pending on the date that is 1 year after the
date of the enactment of this Act. The amendment made
by section 404 shall also apply to international applica-
tions designating the United States that are filed on or
after the date that is 1 year after the date of the enact-
ment of this Act.
TITLE 
V—OPTIONAL 
INTER
PARTES 
REEXAMINATION
PROCEDURE
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Optional Inter Partes
Reexamination Procedure Act’’.
SEC. 502. EX PARTE REEXAMINATION OF PATENTS.
Chapter 30 of title 35, United States Code, is amend-
ed in the title by inserting ‘‘EX PARTE’’ before ‘‘RE-
EXAMINATION OF PATENTS’’.
SEC. 503. DEFINITIONS.
Section 100 of title 35, United States Code, is
amended by adding at the end the following new sub-
section:
‘‘(e) The term ‘third-party requester’ means a person
requesting ex parte reexamination under section 302 or
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inter partes reexamination under section 311 who is not
the patent owner.’’.
SEC. 504. OPTIONAL INTER PARTES REEXAMINATION PRO-
CEDURES.
(a) IN GENERAL.—Part 3 of title 35, United Stats
Code, is amended by adding after chapter 30 the following
new chapter:
‘‘CHAPTER 31—OPTIONAL INTER PARTES
REEXAMINATION PROCEDURES
‘‘Sec.
‘‘311. Request for inter partes reexamination.
‘‘312. Determination of issue by Director.
‘‘313. Inter partes reexamination order by Director.
‘‘314. Conduct of inter partes reexamination proceedings.
‘‘315. Appeal.
‘‘316. Certificate of patentability, unpatentability, and claim cancellation.
‘‘317. Inter partes reexamination prohibited.
‘‘318. Stay of litigation.
‘‘§ 311. Request for inter partes reexamination
‘‘(a) IN GENERAL.—Any person at any time may file
a request for inter partes reexamination by the Office of
a patent on the basis of any prior art cited under the pro-
visions of section 301.
‘‘(b) REQUIREMENTS.—The request shall—
‘‘(1) be in writing, include the identity of the
real party in interest, and be accompanied by pay-
ment of an inter partes reexamination fee estab-
lished by the Director under section 41; and
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‘‘(2) set forth the pertinency and manner of ap-
plying cited prior art to every claim for which reex-
amination is requested.
‘‘(c) COPY.—Unless the requesting person is the
owner of the patent, the Director promptly shall send a
copy of the request to the owner of record of the patent.
‘‘§ 312. Determination of issue by Director
‘‘(a) REEXAMINATION.—Not later than 3 months
after the filing of a request for inter partes reexamination
under section 311, the Director shall determine whether
a substantial new question of patentability affecting any
claim of the patent concerned is raised by the request,
with or without consideration of other patents or printed
publications. On the Director’s initiative, and at any time,
the Director may determine whether a substantial new
question of patentability is raised by patents and publica-
tions.
‘‘(b) RECORD.—A record of the Director’s determina-
tion under subsection (a) shall be placed in the official
file of the patent, and a copy shall be promptly given or
mailed to the owner of record of the patent and to the
third-party requester, if any.
‘‘(c) FINAL DECISION.—A determination by the Di-
rector pursuant to subsection (a) shall be final and non-
appealable. Upon a determination that no substantial new
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question of patentability has been raised, the Director may
refund a portion of the inter partes reexamination fee re-
quired under section 311.
‘‘§ 313. Inter partes reexamination order by Director
‘‘If, in a determination made under section 312(a),
the Director finds that a substantial new question of pat-
entability affecting a claim of a patent is raised, the deter-
mination shall include an order for inter partes reexamina-
tion of the patent for resolution of the question. The order
may be accompanied by the initial action of the Patent
and Trademark Office on the merits of the inter partes
reexamination conducted in accordance with section 314.
‘‘§ 314. Conduct of inter partes reexamination pro-
ceedings
‘‘(a) IN GENERAL.—Subject to subsection (b), reex-
amination shall be conducted according to the procedures
established for initial examination under the provisions of
sections 132 and 133, except as provided for under this
section. In any inter partes reexamination proceeding
under this chapter, the patent owner shall be permitted
to propose any amendment to the patent and a new claim
or claims, except that no proposed amended or new claim
enlarging the scope of the claims of the patent shall be
permitted.
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‘‘(b) RESPONSE.—(1) This subsection shall apply to
any inter partes reexamination proceeding in which the
order for inter partes reexamination is based upon a re-
quest by a third-party requester.
‘‘(2) With the exception of the inter partes reexam-
ination request, any document filed by either the patent
owner or the third-party requester shall be served on the
other party. In addition, the third-party requester shall
receive a copy of any communication sent by the Office
to the patent owner concerning the patent subject to the
inter partes reexamination proceeding.
‘‘(3) Each time that the patent owner files a response
to an action on the merits from the Patent and Trademark
Office, the third-party requester shall have one oppor-
tunity to file written comments addressing issues raised
by the action of the Office or the patent owner’s response
thereto, if those written comments are received by the Of-
fice within 30 days after the date of service of the patent
owner’s response.
‘‘(c) SPECIAL DISPATCH.—Unless otherwise provided
by the Director for good cause, all inter partes reexamina-
tion proceedings under this section, including any appeal
to the Board of Patent Appeals and Interferences, shall
be conducted with special dispatch within the Office.
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‘‘§ 315. Appeal
‘‘(a) PATENT OWNER.—The patent owner involved in
an inter partes reexamination proceeding under this
chapter—
‘‘(1) may appeal under the provisions of section
134, and may appeal under the provisions of sec-
tions 141 through 144, with respect to any decision
adverse to the patentability of any original or pro-
posed amended or new claim of the patent; and
‘‘(2) may be a party to any appeal taken by a
third-party requester under subsection (b).
‘‘(b) THIRD-PARTY REQUESTER.—A third-party re-
quester may—
‘‘(1) appeal under the provisions of section 134
with respect to any final decision favorable to the
patentability of any original or proposed amended or
new claim of the patent; or
‘‘(2) be a party to any appeal taken by the pat-
ent owner under the provisions of section 134, sub-
ject to subsection (c).
‘‘(c) CIVIL ACTION.—A third-party requester whose
request for an inter partes reexamination results in an
order under section 313 is estopped from asserting at a
later time, in any civil action arising in whole or in part
under section 1338 of title 28, the invalidity of any claim
finally determined to be valid and patentable on any
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ground which the third-party requester raised or could
have raised during the inter partes reexamination pro-
ceedings. This subsection does not prevent the assertion
of invalidity based on newly discovered prior art unavail-
able to the third-party requester and the Patent and
Trademark Office at the time of the inter partes reexam-
ination proceedings.
‘‘§ 316. Certificate of patentability, unpatentability,
and claim cancellation
‘‘(a) IN GENERAL.—In an inter partes reexamination
proceeding under this chapter, when the time for appeal
has expired or any appeal proceeding has terminated, the
Director shall issue and publish a certificate canceling any
claim of the patent finally determined to be unpatentable,
confirming any claim of the patent determined to be pat-
entable, and incorporating in the patent any proposed
amended or new claim determined to be patentable.
‘‘(b) AMENDED
OR NEW CLAIM.—Any proposed
amended or new claim determined to be patentable and
incorporated into a patent following an inter partes reex-
amination proceeding shall have the same effect as that
specified in section 252 of this title for reissued patents
on the right of any person who made, purchased, or used
within the United States, or imported into the United
States, anything patented by such proposed amended or
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new claim, or who made substantial preparation for the
same, prior to issuance of a certificate under the provi-
sions of subsection (a) of this section.
‘‘§ 317. Inter partes reexamination prohibited
‘‘(a) 
ORDER
FOR
REEXAMINATION.—Notwith-
standing any provision of this chapter, once an order for
inter partes reexamination of a patent has been issued
under section 313, neither the patent owner nor the third-
party requester, if any, nor privies of either, may file a
subsequent request for inter partes reexamination of the
patent until an inter partes reexamination certificate is
issued and published under section 316, unless authorized
by the Director.
‘‘(b) FINAL DECISION.—Once a final decision has
been entered against a party in a civil action arising in
whole or in part under section 1338 of title 28 that the
party has not sustained its burden of proving the invalidity
of any patent claim in suit or if a final decision in an
inter partes reexamination proceeding instituted by a
third-party requester is favorable to the patentability of
any original or proposed amended or new claim of the pat-
ent then neither that party nor its privies may thereafter
request inter partes reexamination of any such patent
claim on the basis of issues which that party or its privies
raised or could have raised in such civil action or inter
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partes reexamination proceeding, and an inter partes reex-
amination requested by that party or its privies on the
basis of such issues may not thereafter be maintained by
the Office, notwithstanding any other provision of this
chapter. This subsection does not prevent the assertion of
invalidity based on newly discovered prior art unavailable
to the third-party requester and the Patent and Trade-
mark Office at the time of the inter partes reexamination
proceedings.
‘‘§ 318. Stay of litigation
‘‘Once an order for inter partes reexamination of a
patent has been issued under section 313, the patent
owner may obtain a stay of any pending litigation which
involves an issue of patentability of any claims of the pat-
ent which are the subject of the inter partes reexamination
order, unless the court before which such litigation is
pending determines that a stay would not serve the inter-
ests of justice.’’.
(b) CONFORMING AMENDMENTS.—The table of chap-
ters for part III of title 35, United States Code, is amend-
ed by striking the item relating to chapter 30 and insert-
ing the following:
‘‘30. Prior Art Citations to Office and Ex Parte Reexam-
ination of Patents ..................................................
301
‘‘31. Optional Inter Partes Reexamination of Patents ........
311’’.
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SEC. 505. CONFORMING AMENDMENTS.
(a) PATENT FEES; PATENT SEARCH SYSTEMS.—Sec-
tion 41(a)(7) of title 35, United States Code, is amended
to read as follows:
‘‘(7) On filing each petition for the revival of an
unintentionally abandoned application for a patent,
for the unintentionally delayed payment of the fee
for issuing each patent, or for an unintentionally de-
layed response by the patent owner in any reexam-
ination proceeding, $1,210, unless the petition is
filed under section 133 or 151 of this title, in which
case the fee shall be $110.’’.
(b) APPEAL TO THE BOARD OF PATENT APPEALS
AND INTERFERENCES.—Section 134 of title 35, United
States Code, is amended to read as follows:
‘‘§ 134. Appeal to the Board of Patent Appeals and
Interferences
‘‘(a) PATENT APPLICANT.—An applicant for a pat-
ent, any of whose claims has been twice rejected, may ap-
peal from the decision of the primary examiner to the
Board of Patent Appeals and Interferences, having once
paid the fee for such appeal.
‘‘(b) PATENT OWNER.—A patent owner in any reex-
amination proceeding may appeal from the final rejection
of any claim by the primary examiner to the Board of Pat-
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ent Appeals and Interferences, having once paid the fee
for such appeal.
‘‘(c) THIRD-PARTY.—A third-party requester in an
inter partes proceeding may appeal to the Board of Patent
Appeals and Interferences from the final decision of the
primary examiner favorable to the patentability of any
original or proposed amended or new claim of a patent,
having once paid the fee for such appeal. The third-party
requester may not appeal the decision of the Board of Pat-
ent Appeals and Interferences.’’.
(c) APPEAL TO COURT OF APPEALS FOR THE FED-
ERAL CIRCUIT.—Section 141 of title 35, United States
Code, is amended by adding the following after the second
sentence: ‘‘A patent owner in any reexamination pro-
ceeding dissatisfied with the final decision in an appeal
to the Board of Patent Appeals and Interferences under
section 134 may appeal the decision only to the United
States Court of Appeals for the Federal Circuit.’’.
(d) PROCEEDINGS ON APPEAL.—Section 143 of title
35, United States Code, is amended by amending the third
sentence to read as follows: ‘‘In any reexamination cases,
the Director shall submit to the court in writing the
grounds for the decision of the Patent and Trademark Of-
fice, addressing all the issues involved in the appeal.’’.
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(e) CIVIL ACTION TO OBTAIN PATENT.—Section 145
of title 35, United States Code, is amended in the first
sentence by inserting ‘‘(a)’’ after ‘‘section 134’’.
SEC. 506. REPORT TO CONGRESS.
Not later than 5 years after the effective date of this
title, the Director of the United States Patent and Trade-
mark Office shall submit to the Congress a report evalu-
ating whether the inter partes reexamination proceedings
established under the amendments made by this title are
inequitable to any of the parties in interest and, if so, the
report shall contain recommendations for changes to the
amendments made by this title to remove such inequity.
SEC. 507. ESTOPPEL EFFECT OF REEXAMINATION.
Any party who requests an inter partes reexamina-
tion under section 311 of title 35, United States Code,
is estopped from challenging at a later time, in any civil
action, any fact determined during the process of such re-
examination, except with respect to a fact determination
later proved to be erroneous based on information unavail-
able at the time of the inter partes reexamination decision.
If this section is held to be unenforceable, the enforce-
ability of the rest of this title or of this Act shall not be
denied as a result.
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SEC. 508. EFFECTIVE DATE.
This title and the amendments made by this title
shall take effect on the date that is 1 year after the date
of the enactment of this Act and shall apply to inter partes
reexamination requests filed on or after such date.
TITLE VI—PATENT AND
TRADEMARK OFFICE
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘Patent and Trade-
mark Office Efficiency Act’’.
Subtitle A—United States Patent
and Trademark Office
SEC. 611. ESTABLISHMENT OF PATENT AND TRADEMARK
OFFICE.
Section 1 of title 35, United States Code, is amended
to read as follows:
‘‘§ 1. Establishment
‘‘(a) ESTABLISHMENT.—The United States Patent
and Trademark Office is established as an agency of the
United States, within the Department of Commerce. In
carrying out its functions, the United States Patent and
Trademark Office shall be subject to the policy direction
of the Secretary of Commerce, but otherwise shall retain
responsibility for decisions regarding the management and
administration of its operations and shall exercise inde-
pendent control of its budget allocations and expenditures,
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personnel decisions and processes, procurements, and
other administrative and management functions in accord-
ance with this title and applicable provisions of law. Those
operations designed to grant and issue patents and those
operations which are designed to facilitate the registration
of trademarks shall be treated as separate operating units
within the Office.
‘‘(b) OFFICES.—The United States Patent and
Trademark Office shall maintain its principal office in the
metropolitan Washington, DC, area, for the service of
process and papers and for the purpose of carrying out
its functions. The United States Patent and Trademark
Office shall be deemed, for purposes of venue in civil ac-
tions, to be a resident of the district in which its principal
office is located, except where jurisdiction is otherwise pro-
vided by law. The United States Patent and Trademark
Office may establish satellite offices in such other places
in the United States as it considers necessary and appro-
priate in the conduct of its business.
‘‘(c) REFERENCE.—For purposes of this title, the
United States Patent and Trademark Office shall also be
referred to as the ‘Office’ and the ‘Patent and Trademark
Office’.’’.
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SEC. 612. POWERS AND DUTIES.
Section 2 of title 35, United States Code, is amended
to read as follows:
‘‘§ 2. Powers and duties
‘‘(a) IN GENERAL.—The United States Patent and
Trademark Office, subject to the policy direction of the
Secretary of Commerce—
‘‘(1) shall be responsible for the granting and
issuing of patents and the registration of trade-
marks; and
‘‘(2) shall be responsible for disseminating to
the public information with respect to patents and
trademarks.
‘‘(b) SPECIFIC POWERS.—The Office—
‘‘(1) shall adopt and use a seal of the Office,
which shall be judicially noticed and with which let-
ters patent, certificates of trademark registrations,
and papers issued by the Office shall be authenti-
cated;
‘‘(2) may establish regulations, not inconsistent
with law, which—
‘‘(A) shall govern the conduct of pro-
ceedings in the Office;
‘‘(B) shall be made in accordance with sec-
tion 553 of title 5;
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‘‘(C) shall facilitate and expedite the proc-
essing of patent applications, particularly those
which can be filed, stored, processed, searched,
and retrieved electronically, subject to the provi-
sions of section 122 relating to the confidential
status of applications;
‘‘(D) may govern the recognition and con-
duct of agents, attorneys, or other persons rep-
resenting applicants or other parties before the
Office, and may require them, before being rec-
ognized as representatives of applicants or
other persons, to show that they are of good
moral character and reputation and are pos-
sessed 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 busi-
ness before the Office;
‘‘(E) shall recognize the public interest in
continuing to safeguard broad access to the
United States patent system through the re-
duced fee structure for small entities under sec-
tion 41(h)(1) of this title; and
‘‘(F) provide for the development of a per-
formance-based process that includes quan-
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titative and qualitative measures and standards
for evaluating cost-effectiveness and is con-
sistent with the principles of impartiality and
competitiveness;
‘‘(3) may acquire, construct, purchase, lease,
hold, manage, operate, improve, alter, and renovate
any real, personal, or mixed property, or any interest
therein, as it considers necessary to carry out its
functions;
‘‘(4)(A) may make such purchases, contracts
for the construction, maintenance, or management
and operation of facilities, and contracts for supplies
or services, without regard to the provisions of the
Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.), the Public Buildings
Act (40 U.S.C. 601 et seq.), and the Stewart B.
McKinney Homeless Assistance Act (42 U.S.C.
11301 et seq.); and
‘‘(B) may enter into and perform such pur-
chases and contracts for printing services, including
the process of composition, platemaking, presswork,
silk screen processes, binding, microform, and the
products of such processes, as it considers necessary
to carry out the functions of the Office, without re-
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gard to sections 501 through 517 and 1101 through
1123 of title 44, United States Code;
‘‘(5) may use, with their consent, services,
equipment, personnel, and facilities of other depart-
ments, agencies, and instrumentalities of the Fed-
eral Government, on a reimbursable basis, and co-
operate with such other departments, agencies, and
instrumentalities in the establishment and use of
services, equipment, and facilities of the Office;
‘‘(6) may, when the Director determines that it
is practicable, efficient, and cost-effective to do so,
use, with the consent of the United States and the
agency, instrumentality, patent and trademark of-
fice, or international organization concerned, the
services, records, facilities, or personnel of any State
or local government agency or instrumentality or
foreign patent and trademark office or international
organization to perform functions on its behalf;
‘‘(7) may retain and use all of its revenues and
receipts, including revenues from the sale, lease, or
disposal of any real, personal, or mixed property, or
any interest therein, of the Office;
‘‘(8) shall advise the President, through the
Secretary of Commerce, on national and certain
international intellectual property policy issues;
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‘‘(9) shall advise Federal departments and
agencies on matters of intellectual property policy in
the United States and intellectual property protec-
tion in other countries;
‘‘(10) shall provide guidance, as appropriate,
with respect to proposals by agencies to assist for-
eign governments and international intergovern-
mental organizations on matters of intellectual prop-
erty protection;
‘‘(11) may conduct programs, studies, or ex-
changes of items or services regarding domestic and
international intellectual property law and the effec-
tiveness of intellectual property protection domesti-
cally and throughout the world;
‘‘(12)(A) shall advise the Secretary of Com-
merce on programs and studies relating to intellec-
tual property policy that are conducted, or author-
ized to be conducted, cooperatively with foreign in-
tellectual property offices and international intergov-
ernmental organizations; and
‘‘(B) may conduct programs and studies de-
scribed in subparagraph (A); and
‘‘(13)(A) in coordination with the Department
of State, may conduct programs and studies coop-
eratively with foreign intellectual property offices
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and international intergovernmental organizations;
and
‘‘(B) with the concurrence of the Secretary of
State, may authorize the transfer of not to exceed
$100,000 in any year to the Department of State
for the purpose of making special payments to inter-
national intergovernmental organizations for studies
and programs for advancing international coopera-
tion concerning patents, trademarks, and other mat-
ters.
‘‘(c) CLARIFICATION OF SPECIFIC POWERS.—(1) The
special payments under subsection (b)(13)(B) shall be in
addition to any other payments or contributions to inter-
national organizations described in subsection (b)(13)(B)
and shall not be subject to any limitations imposed by law
on the amounts of such other payments or contributions
by the United States Government.
‘‘(2) Nothing in subsection (b) shall derogate from
the duties of the Secretary of State or from the duties
of the United States Trade Representative as set forth in
section 141 of the Trade Act of 1974 (19 U.S.C. 2171).
‘‘(3) Nothing in subsection (b) shall derogate from
the duties and functions of the Register of Copyrights or
otherwise alter current authorities relating to copyright
matters.
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‘‘(4) In exercising the Director’s powers under para-
graphs (3) and (4)(A) of subsection (b), the Director shall
consult with the Administrator of General Services.
‘‘(d) CONSTRUCTION.—Nothing in this section shall
be construed to nullify, void, cancel, or interrupt any pend-
ing request-for-proposal let or contract issued by the Gen-
eral Services Administration for the specific purpose of re-
locating or leasing space to the United States Patent and
Trademark Office.’’.
SEC. 613. ORGANIZATION AND MANAGEMENT.
Section 3 of title 35, United States Code, is amended
to read as follows:
‘‘§ 3. Officers and employees
‘‘(a) UNDER SECRETARY AND DIRECTOR.—
‘‘(1) IN GENERAL.—The powers and duties of
the United States Patent and Trademark Office
shall be vested in an Under Secretary of Commerce
for Intellectual Property and Director of the United
States Patent and Trademark Office (in this title re-
ferred to as the ‘Director’), who shall be a citizen of
the United States and who shall be appointed by the
President, by and with the advice and consent of the
Senate. The Director shall be a person who has a
professional background and experience in patent or
trademark law.
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‘‘(2) DUTIES.—
‘‘(A) IN GENERAL.—The Director shall be
responsible for providing policy direction and
management supervision for the Office and for
the issuance of patents and the registration of
trademarks. The Director shall perform these
duties in a fair, impartial, and equitable man-
ner.
‘‘(B) CONSULTING WITH THE PUBLIC AD-
VISORY COMMITTEES.—The Director shall con-
sult with the Patent Public Advisory Committee
established in section 5 on a regular basis on
matters relating to the patent operations of the
Office, shall consult with the Trademark Public
Advisory Committee established in section 5 on
a regular basis on matters relating to the trade-
mark operations of the Office, and shall consult
with the respective Public Advisory Committee
before submitting budgetary proposals to the
Office of Management and Budget or changing
or proposing to change patent or trademark
user fees or patent or trademark regulations
which are subject to the requirement to provide
notice and opportunity for public comment pur-
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suant to section 553 of title 5, as the case may
be.
‘‘(3) OATH.—The Director shall, before taking
office, take an oath to discharge faithfully the duties
of the Office.
‘‘(4) REMOVAL.—The Director may be removed
from office by the President. The President shall
provide notification of any such removal to both
Houses of Congress.
‘‘(b) OFFICERS AND EMPLOYEES OF THE OFFICE.—
‘‘(1) DEPUTY UNDER SECRETARY AND DEPUTY
DIRECTOR.—The Secretary of Commerce, upon nom-
ination by the Director, shall appoint a Deputy
Under Secretary of Commerce for Intellectual Prop-
erty and Deputy Director of the United States Pat-
ent and Trademark Office who shall be vested with
the authority to act in the capacity of the Director
in the event of the absence or incapacity of the Di-
rector. The Deputy Director shall be a citizen of the
United States who has a professional background
and experience in patent or trademark law.
‘‘(2) COMMISSIONERS.—
‘‘(A) APPOINTMENT
AND
DUTIES.—The
Secretary of Commerce shall appoint a Commis-
sioner for Patents and a Commissioner for
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Trademarks, without regard to chapter 33, 51,
or 53 of title 5. The Commissioner for Patents
shall be a citizen of the United States with
demonstrated management ability and profes-
sional background and experience in patent law
and serve for a term of 5 years. The Commis-
sioner for Trademarks shall be a citizen of the
United States with demonstrated management
ability and professional background and experi-
ence in trademark law and serve for a term of
5 years. The Commissioner for Patents and the
Commissioner for Trademarks shall serve as
the chief operating officers for the operations of
the Office relating to patents and trademarks,
respectively, and shall be responsible for the
management and direction of all aspects of the
activities of the Office that affect the adminis-
tration of patent and trademark operations, re-
spectively. The Secretary may reappoint a Com-
missioner to subsequent terms of 5 years as
long as the performance of the Commissioner as
set forth in the performance agreement in sub-
paragraph (B) is satisfactory.
‘‘(B) SALARY AND PERFORMANCE AGREE-
MENT.—The Commissioners shall be paid an
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annual rate of basic pay not to exceed the max-
imum rate of basic pay for the Senior Executive
Service established under section 5382 of title
5, including any applicable locality-based com-
parability payment that may be authorized
under section 5304(h)(2)(C) of title 5. The
compensation of the Commissioners shall be
considered, for purposes of section 207(c)(2)(A)
of title 18, to be the equivalent of that de-
scribed under clause (ii) of section 207(c)(2)(A)
of title 18. In addition, the Commissioners may
receive a bonus in an amount of up to, but not
in excess of, 50 percent of the Commissioner’s
annual rate of basic pay, based upon an evalua-
tion by the Secretary of Commerce, acting
through the Director, of the Commissioners’
performance as defined in an annual perform-
ance agreement between the Commissioners and
the Secretary. The annual performance agree-
ments shall incorporate measurable organiza-
tion and individual goals in key operational
areas as delineated in an annual performance
plan agreed to by the Commissioners and the
Secretary. Payment of a bonus under this sub-
paragraph may be made to the Commissioners
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only to the extent that such payment does not
cause the Commissioners’ total aggregate com-
pensation in a calendar year to equal or exceed
the amount of the salary of the Vice President
under section 104 of title 3, United States
Code.
‘‘(C) REMOVAL.—The Commissioners may
be removed from office by the Secretary for
misconduct 
or 
nonsatisfactory 
performance
under the performance agreement described in
subparagraph (B), without regard to the provi-
sions of title 5. The Secretary shall provide no-
tification of any such removal to both Houses
of Congress.
‘‘(3) OTHER OFFICERS AND EMPLOYEES.—The
Director shall—
‘‘(A) appoint such officers, employees (in-
cluding attorneys), and agents of the Office as
the Director considers necessary to carry out
the functions of the Office; and
‘‘(B) define the title, authority, and duties
of such officers and employees and delegate to
them such of the powers vested in the Office as
the Director may determine.
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The Office shall not be subject to any administra-
tively or statutorily imposed limitation on positions
or personnel, and no positions or personnel of the
Office shall be taken into account for purposes of
applying any such limitation.
‘‘(4) TRAINING
OF
EXAMINERS.—The Office
shall submit to the Congress a proposal to provide
an incentive program to retain as employees patent
and trademark examiners of the primary examiner
grade or higher who are eligible for retirement, for
the sole purpose of training patent and trademark
examiners.
‘‘(c) CONTINUED APPLICABILITY OF TITLE 5.—Offi-
cers and employees of the Office shall be subject to the
provisions of title 5 relating to Federal employees.
‘‘(d) ADOPTION
OF
EXISTING
LABOR
AGREE-
MENTS.—The Office shall adopt all labor agreements
which are in effect, as of the day before the effective date
of the Patent and Trademark Office Efficiency Act, with
respect to such Office (as then in effect).
‘‘(e) CARRYOVER OF PERSONNEL.—
‘‘(1) FROM PTO.—Effective as of the effective
date of the Patent and Trademark Office Efficiency
Act, all officers and employees of the Patent and
Trademark Office on the day before such effective
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date shall become officers and employees of the Of-
fice, without a break in service.
‘‘(2) OTHER PERSONNEL.—Any individual who,
on the day before the effective date of the Patent
and Trademark Office Efficiency Act, is an officer
or employee of the Department of Commerce (other
than an officer or employee under paragraph (1))
shall be transferred to the Office, as necessary to
carry out the purposes of this Act, if—
‘‘(A) such individual serves in a position
for which a major function is the performance
of work reimbursed by the Patent and Trade-
mark Office, as determined by the Secretary of
Commerce;
‘‘(B) such individual serves in a position
that performed work in support of the Patent
and Trademark Office during at least half of
the incumbent’s work time, as determined by
the Secretary of Commerce; or
‘‘(C) such transfer would be in the interest
of the Office, as determined by the Secretary of
Commerce in consultation with the Director.
Any transfer under this paragraph shall be effective
as of the same effective date as referred to in para-
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graph (1), and shall be made without a break in
service.
‘‘(f) TRANSITION PROVISIONS.—
‘‘(1) INTERIM APPOINTMENT OF DIRECTOR.—
On or after the effective date of the Patent and
Trademark Office Efficiency Act, the President shall
appoint an individual to serve as the Director until
the date on which a Director qualifies under sub-
section (a). The President shall not make more than
one such appointment under this subsection.
‘‘(2) CONTINUATION
IN
OFFICE
OF
CERTAIN
OFFICERS.—(A) The individual serving as the As-
sistant Commissioner for Patents on the day before
the effective date of the Patent and Trademark Of-
fice Efficiency Act may serve as the Commissioner
for Patents until the date on which a Commissioner
for Patents is appointed under subsection (b).
‘‘(B) The individual serving as the Assistant
Commissioner for Trademarks on the day before the
effective date of the Patent and Trademark Office
Efficiency Act may serve as the Commissioner for
Trademarks until the date on which a Commissioner
for Trademarks is appointed under subsection (b).’’.
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SEC. 614. PUBLIC ADVISORY COMMITTEES.
Chapter 1 of part I of title 35, United States Code,
is amended by inserting after section 4 the following:
‘‘§ 5. Patent and Trademark Office Public Advisory
Committees
‘‘(a) ESTABLISHMENT OF PUBLIC ADVISORY COM-
MITTEES.—
‘‘(1) APPOINTMENT.—The United States Pat-
ent and Trademark Office shall have a Patent Pub-
lic Advisory Committee and a Trademark Public Ad-
visory Committee, each of which shall have nine vot-
ing members who shall be appointed by the Sec-
retary of Commerce and serve at the pleasure of the
Secretary of Commerce. Members of each Public Ad-
visory Committee shall be appointed for a term of 3
years, except that of the members first appointed,
three shall be appointed for a term of 1 year, and
three shall be appointed for a term of 2 years. In
making appointments to each Committee, the Sec-
retary of Commerce shall consider the risk of loss of
competitive advantage in international commerce or
other harm to United States companies as a result
of such appointments.
‘‘(2) CHAIR.—The Secretary shall designate a
chair of each Advisory Committee, whose term as
chair shall be for 3 years.
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‘‘(3) TIMING
OF
APPOINTMENTS.—Initial ap-
pointments to each Advisory Committee shall be
made within 3 months after the effective date of the
Patent and Trademark Office Efficiency Act. Vacan-
cies shall be filled within 3 months after they occur.
‘‘(b) BASIS FOR APPOINTMENTS.—Members of each
Advisory Committee—
‘‘(1) shall be citizens of the United States who
shall be chosen so as to represent the interests of di-
verse users of the United States Patent and Trade-
mark Office with respect to patents, in the case of
the Patent Public Advisory Committee, and with re-
spect to trademarks, in the case of the Trademark
Public Advisory Committee;
‘‘(2) shall include members who represent small
and large entity applicants located in the United
States in proportion to the number of applications
filed by such applicants, but in no case shall mem-
bers who represent small entity patent applicants,
including small business concerns, independent in-
ventors, and nonprofit organizations, constitute less
than 25 percent of the members of the Patent Pub-
lic Advisory Committee, and such members shall in-
clude at least one independent inventor; and
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‘‘(3) shall include individuals with substantial
background and achievement in finance, manage-
ment, labor relations, science, technology, and office
automation.
In addition to the voting members, each Advisory Com-
mittee shall include a representative of each labor organi-
zation recognized by the United States Patent and Trade-
mark Office. Such representatives shall be nonvoting
members of the Advisory Committee to which they are ap-
pointed.
‘‘(c) MEETINGS.—Each Advisory Committee shall
meet at the call of the chair to consider an agenda set
by the chair.
‘‘(d) DUTIES.—Each Advisory Committee shall—
‘‘(1) review the policies, goals, performance,
budget, and user fees of the United States Patent
and Trademark Office with respect to patents, in the
case of the Patent Public Advisory Committee, and
with respect to Trademarks, in the case of the
Trademark Public Advisory Committee, and advise
the Director on these matters;
‘‘(2) within 60 days after the end of each fiscal
year—
‘‘(A) prepare an annual report on the mat-
ters referred to in paragraph (1);
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‘‘(B) transmit the report to the Secretary
of Commerce, the President, and the Commit-
tees on the Judiciary of the Senate and the
House of Representatives; and
‘‘(C) publish the report in the Official Ga-
zette of the United States Patent and Trade-
mark Office.
‘‘(e) COMPENSATION.—Each member of each Advi-
sory Committee shall be compensated for each day (includ-
ing travel time) during which such member is attending
meetings or conferences of that Advisory Committee or
otherwise engaged in the business of that Advisory Com-
mittee, at the rate which is the daily equivalent of the an-
nual rate of basic pay in effect for level III of the Execu-
tive Schedule under section 5314 of title 5. While away
from such member’s home or regular place of business
such member shall be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section
5703 of title 5, United States Code.
‘‘(f) ACCESS TO INFORMATION.—Members of each
Advisory Committee shall be provided access to records
and information in the United States Patent and Trade-
mark Office, except for personnel or other privileged infor-
mation and information concerning patent applications re-
quired to be kept in confidence by section 122.
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‘‘(g) APPLICABILITY OF CERTAIN ETHICS LAWS.—
Members of each Advisory Committee shall be special Gov-
ernment employees within the meaning of section 202 of
title 18, United States Code.
‘‘(h) INAPPLICABILITY OF FEDERAL ADVISORY COM-
MITTEE ACT.—The Federal Advisory Committee Act (5
U.S.C. App.) shall not apply to each Advisory Committee.
‘‘(i) OPEN MEETINGS.—The meetings of each Advi-
sory Committee shall be open to the public, except that
each Advisory Committee may by majority vote meet in
executive session when considering personnel or other con-
fidential information.’’.
SEC. 615. PATENT AND TRADEMARK OFFICE FUNDING.
Section 42(c) of title 35, United States Code, is
amended in the second sentence—
(1) by striking ‘‘Fees available’’ and inserting
‘‘All fees available’’; and
(2) by striking ‘‘may’’ and inserting ‘‘shall’’.
SEC. 616. CONFORMING AMENDMENTS.
(a) DUTIES.—Chapter 1 of title 35, United States
Code, is amended by striking section 6.
(b) REGULATIONS FOR AGENTS AND ATTORNEYS.—
Section 31 of title 35, United States Code, and the item
relating to such section in the table of sections for chapter
3 of title 35, United States Code, are repealed.
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(c) SUSPENSION OR EXCLUSION FROM PRACTICE.—
Section 32 of title 35, United States Code, is amended
by striking ‘‘31’’ and inserting ‘‘2(b)(2)(D)’’.
SEC. 617. TRADEMARK TRIAL AND APPEAL BOARD.
Section 17 of the Act of July 5, 1946 (commonly re-
ferred to as the ‘‘Trademark Act of 1946’’) (15 U.S.C.
1067) is amended to read as follows:
‘‘SEC. 17. (a) In every case of interference, opposition
to registration, application to register as a lawful concur-
rent user, or application to cancel the registration of a
mark, the Director shall give notice to all parties and shall
direct a Trademark Trial and Appeal Board to determine
and decide the respective rights of registration.
‘‘(b) The Trademark Trial and Appeal Board shall
include the Director, the Commissioner for Patents, the
Commissioner for Trademarks, and administrative trade-
mark judges who are appointed by the Director.’’.
SEC. 618. BOARD OF PATENT APPEALS AND INTER-
FERENCES.
Chapter 1 of title 35, United States Code, is
amended—
(1) by striking section 7 and redesignating sec-
tions 8 through 14 as sections 7 through 13, respec-
tively; and
(2) by inserting after section 5 the following:
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‘‘§ 6. Board of Patent Appeals and Interferences
‘‘(a) ESTABLISHMENT
AND COMPOSITION.—There
shall be in the United States Patent and Trademark Of-
fice a Board of Patent Appeals and Interferences. The Di-
rector, the Commissioner for Patents, the Commissioner
for Trademarks, and the administrative patent judges
shall constitute the Board. The administrative patent
judges shall be persons of competent legal knowledge and
scientific ability who are appointed by the Director.
‘‘(b) DUTIES.—The Board of Patent Appeals and
Interferences shall, on written appeal of an applicant, re-
view adverse decisions of examiners upon applications for
patents and shall determine priority and patentability of
invention in interferences declared under section 135(a).
Each appeal and interference shall be heard by at least
3 members of the Board, who shall be designated by the
Director. Only the Board of Patent Appeals and Inter-
ferences may grant rehearings.’’.
SEC. 619. ANNUAL REPORT OF DIRECTOR.
Section 13 of title 35, United States Code, as redesig-
nated by section 618 of this Act, is amended to read as
follows:
‘‘§ 13. Annual report to Congress
‘‘The Director shall report to the Congress, not later
than 180 days after the end of each fiscal year, the mon-
eys received and expended by the Office, the purposes for
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which the moneys were spent, the quality and quantity of
the work of the Office, the nature of training provided to
examiners, the evaluation of the Commissioner of Patents
and the Commissioner of Trademarks by the Secretary of
Commerce, the compensation of the Commissioners, and
other information relating to the Office.’’.
SEC. 620. SUSPENSION OR EXCLUSION FROM PRACTICE.
Section 32 of title 35, United States Code, is amend-
ed by inserting before the last sentence the following: ‘‘The
Director shall have the discretion to designate any attor-
ney who is an officer or employee of the United States
Patent and Trademark Office to conduct the hearing re-
quired by this section.’’.
SEC. 621. PAY OF DIRECTOR AND DEPUTY DIRECTOR.
(a) PAY OF DIRECTOR.—Section 5314 of title 5,
United States Code, is amended by striking:
‘‘Assistant Secretary of Commerce and Com-
missioner of Patents and Trademarks.’’.
and inserting:
‘‘Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent
and Trademark Office.’’.
(b) PAY OF DEPUTY DIRECTOR.—Section 5315 of
title 5, United States Code, is amended by adding at the
end the following:
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‘‘Deputy Under Secretary of Commerce for In-
tellectual Property and Deputy Director of the
United States Patent and Trademark Office.’’.
SEC. 622. STUDY ON ALTERNATIVE FEE STRUCTURES.
The Under Secretary of Commerce for Intellectual
Property and Director of the United States Patent and
Trademark Office shall conduct a study of alternative fee
structures that could be adopted by the United States Pat-
ent and Trademark Office to encourage maximum partici-
pation by the inventor community in the United States.
The Director shall submit to the Committees on the Judi-
ciary of the House of Representatives and the Senate a
report on the study not later than 1 year after the date
of the enactment of this Act.
Subtitle B—Effective Date;
Technical Amendments
SEC. 631. EFFECTIVE DATE.
This title and the amendments made by this title
shall take effect 4 months after the date of the enactment
of this Act.
SEC. 632. TECHNICAL AND CONFORMING AMENDMENTS.
(a) AMENDMENTS TO TITLE 35.—
(1) The item relating to part I in the table of
parts for chapter 35, United States Code, is amend-
ed to read as follows:
‘‘I. United States Patent and Trademark Office ....................
1’’.
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(2) The heading for part I of title 35, United
States Code, is amended to read as follows:
‘‘PART I—UNITED STATES PATENT AND
TRADEMARK OFFICE’’.
(3) The table of chapters for part I of title 35,
United States Code, is amended by amending the
item relating to chapter 1 to read as follows:
‘‘1. Establishment, Officers and Employees, Functions ......
1’’.
(4) The table of sections for chapter 1 of title
35, United States Code, is amended to read as fol-
lows:
‘‘CHAPTER 1—ESTABLISHMENT, OFFICERS
AND EMPLOYEES, FUNCTIONS
‘‘Sec.
‘‘ 1. Establishment.
‘‘ 2. Powers and duties.
‘‘ 3. Officers and employees.
‘‘ 4. Restrictions on officers and employees as to interest in patent s.
‘‘ 5. Patent and Trademark Office Public Advisory Committees.
‘‘ 6. Board of Patent Appeals and Interferences.
‘‘ 7. Library.
‘‘ 8. Classification of patents.
‘‘ 9. Certified copies of records.
‘‘10. Publications.
‘‘11. Exchange of copies of patents and applications with foreign countries.
‘‘12. Copies of patents and applications for public libraries.
‘‘13. Annual report to Congress.’’.
(5) Section 41(h) of title 35, United States
Code, is amended by striking ‘‘Commissioner of Pat-
ents and Trademarks’’ and inserting ‘‘Director’’.
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(6) Section 155 of title 35, United States Code,
is amended by striking ‘‘Commissioner of Patents
and Trademarks’’ and inserting ‘‘Director’’.
(7) Section 155A(c) of title 35, United States
Code, is amended by striking ‘‘Commissioner of Pat-
ents and Trademarks’’ and inserting ‘‘Director’’.
(8) Section 302 of title 35, United States Code,
is amended by striking ‘‘Commissioner of Patents’’
and inserting ‘‘Director’’.
(9) Section 303(b) of title 35, United States
Code, is amended by striking ‘‘Commissioner’s’’ and
inserting ‘‘Director’s’’.
(10)(A) Except as provided in subparagraph
(B), title 35, United States Code, is amended by
striking ‘‘Commissioner’’ each place it appears and
inserting ‘‘Director’’.
(B) Chapter 17 of title 35, United States Code,
is amended by striking ‘‘Commissioner’’ each place
it appears and inserting ‘‘Commissioner of Patents’’.
(11) Section 157(d) of title 35, United States
Code, is amended by striking ‘‘Secretary of Com-
merce’’ and inserting ‘‘Director’’.
(12) Section 202(a) of title 35, United States
Code, is amended—
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(A) by striking ‘‘iv)’’ and inserting ‘‘(iv)’’;
and
(B) by striking the second period after
‘‘Department of Energy’’ at the end of the first
sentence.
(b) OTHER PROVISIONS OF LAW.—
(1)(A) Section 45 of the Act of July 5, 1946
(commonly referred to as the ‘‘Trademark Act of
1946’’; 15 U.S.C. 1127), is amended by striking
‘‘The term ‘Commissioner’’ means the Commissioner
of Patents and Trademarks.’ and inserting ‘‘The
term ‘Director’ means the Director of the United
States Patent and Trademark Office.’’.
(B) The Act of July 5, 1946 (commonly re-
ferred to as the ‘‘Trademark Act of 1946’’; 15
U.S.C. 1051 and following), except for section 17, as
amended by section 617 of this Act, is amended by
striking ‘‘Commissioner’’ each place it appears and
inserting ‘‘Director’’.
(2) Section 500(e) of title 5, United States
Code, is amended by striking ‘‘Patent Office’’ and
inserting ‘‘United States Patent and Trademark Of-
fice’’.
(3) Section 5102(c)(23) of title 5, United
States Code, is amended to read as follows:
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‘‘(23) administrative patent judges and des-
ignated administrative patent judges in the United
States Patent and Trademark Office;’’.
(4) Section 5316 of title 5, United States Code
(5 U.S.C. 5316) is amended by striking ‘‘Commis-
sioner of Patents, Department of Commerce.’’,
‘‘Deputy Commissioner of Patents and Trade-
marks.’’, ‘‘Assistant Commissioner for Patents.’’,
and ‘‘Assistant Commissioner for Trademarks.’’.
(5) Section 9(p)(1)(B) of the Small Business
Act (15 U.S.C. 638(p)(1)(B)) is amended to read as
follows:
‘‘(B) the Director of the United States
Patent and Trademark Office; and’’.
(6) Section 12 of the Act of February 14, 1903
(15 U.S.C. 1511) is amended—
(A) by striking ‘‘(d) Patent and Trade-
mark Office;’’ and inserting:
‘‘(4) United States Patent and Trademark Of-
fice’’; and
(B) by redesignating subsections (a), (b),
(c), (e), (f), and (g) as paragraphs (1), (2), (3),
(5), (6), and (7), respectively and indenting the
paragraphs as so redesignated 2 ems to the
right.
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(7) Section 19 of the Tennessee Valley Author-
ity Act of 1933 (16 U.S.C. 831r) is amended—
(A) by striking ‘‘Patent Office of the
United States’’ and inserting ‘‘United States
Patent and Trademark Office’’; and
(B) by striking ‘‘Commissioner of Patents’’
and inserting ‘‘Director of the United States
Patent and Trademark Office’’.
(8) Section 182(b)(2)(A) of the Trade Act of
1974 (19 U.S.C. 2242(b)(2)(A)) is amended by
striking ‘‘Commissioner of Patents and Trade-
marks’’ and inserting ‘‘Director of the United States
Patent and Trademark Office’’.
(9) Section 302(b)(2)(D) of the Trade Act of
1974 (19 U.S.C. 2412(b)(2)(D)) is amended by
striking ‘‘Commissioner of Patents and Trade-
marks’’ and inserting ‘‘Director of the United States
Patent and Trademark Office’’.
(10) The Act of April 12, 1892 (27 Stat. 395;
20 U.S.C. 91) is amended by striking ‘‘Patent Of-
fice’’ and inserting ‘‘United States Patent and
Trademark Office’’.
(11) Sections 505(m) and 512(o) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 355(m)
and 360b(o)) are each amended by striking ‘‘Patent