I
105TH CONGRESS
1ST SESSION
H. R. 812
To amend title 35, United States Code, to enable the Patent and Trademark
Office to improve the integrity of the United States patent system and
to further ensure the validity of United States patents, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 25, 1997
Mr. HUNTER (for himself, Mr. ROHRABACHER, and Mr. TRAFICANT) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To amend title 35, United States Code, to enable the Patent
and Trademark Office to improve the integrity of the
United States patent system and to further ensure the
validity of United States patents, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Patent Sovereignty Act
of 1997’’.
SEC. 2. FINDINGS.
The Congress finds that—
(1) the quality of United States letters patent
is essential for preserving the technological lead and
economic well-being of the United States in the next
century;
(2) the quality of United States letters patent
is highly dependent upon the maintenance and the
comprehensiveness of patent examiners’ search files;
and
(3) the quality of United States letters patent
is inextricably linked to the professionalism of patent
examiners and the quality of the training of patent
examiners.
SEC. 3. SECURE PATENT EXAMINATION.
Section 3 of title 35, United States Code, is amended
by adding at the end thereof the following:
‘‘(f) All examination and search duties for the grant
of United States letters patent are sovereign functions
which shall be performed within the United States by
United States citizens who are employees of the United
States Government.’’.
SEC. 4. MAINTENANCE OF EXAMINERS’ SEARCH FILES.
Section 9 of title 35, United States Code, is amend-
ed—
(1) by striking ‘‘may revise and maintain’’ and
inserting ‘‘shall maintain and revise’’; and
(2) by adding at the end thereof the following:
‘‘United States letters patent, and all such other
patents and printed publications shall be maintained
in the examiners’ search files under the United
States Patent Classification System.’’.
SEC. 5. PATENT EXAMINER TRAINING.
(a) IN GENERAL.—Chapter 1 of title 35, United
States Code, is amended by adding at the end the follow-
ing new section:
‘‘§ 15. Patent examiner training
‘‘(a) IN GENERAL.—All patent examiners shall spend
at least 5 percent of their duty time per annum in training
to maintain and develop the legal and technological skills
useful for patent examination.
‘‘(b) TRAINERS OF EXAMINERS.—The Patent and
Trademark Office shall develop an incentive program to
retain as employees patent examiners of the primary ex-
aminer grade or higher who are eligible for retirement, for
the sole purpose of training patent examiners who have
not achieved the grade of primary examiner.’’.
SEC. 6. ADMINISTRATIVE MATTERS.
(a) LIMITATIONS ON PERSONNEL.—Section 3(a) of
title 35, United States Code, is amended by adding at the
end thereof the following: ‘‘The Office shall not be subject
to any administratively 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.’’.
(b) RETENTION OF FEES.—(1) Section 255(g)(1)(A)
of the Balanced Budget and Emergency Deficit Control
Act of 1985 (2 U.S.C. 905(g)(1)(A)) is amended by insert-
ing after the item relating to the National Credit Union
Administration, credit union share insurance fund, the fol-
lowing new item:
‘‘Patent and Trademark Office’’.
(2) Section 10101(b)(2)(B) of the Omnibus Budget
Reconciliation Act of 1990 (35 U.S.C. 41 note) is amend-
ed by striking ‘‘, to the extent provided in appropriation
Acts,’’ and inserting ‘‘without appropriation’’.
(3) Section 42(c) of title 35, United States Code, is
amended by amending by striking first sentence and in-
serting the following: ‘‘Revenues from fees shall be avail-
able to the Commissioner to carry out the activities of the
Patent and Trademark Office, in such allocations as are
approved by Act of Congress. Such revenues shall not be
made available for any purpose other than that authorized
for the Patent and Trademark Office.’’.
(c) COMPENSATION OF COMMISSIONER.—(1) Section
5314 of title 5, United States Code, is amended by adding
at the end the following:
‘‘Under Secretary of Commerce and Commis-
sioner of Patents and Trademarks.’’.
(2) Section 3(d) of title 35, United States Code, is
amended to read as follows:
‘‘(d) The Commissioner of Patents and Trademarks
shall be an Under Secretary of Commerce.’’.
(3) Section 5316 of title 5, United States Code, is
amended by striking ‘‘Commissioner of Patents, Depart-
ment of Commerce.’’.
(d) USE OF FEES.—Section 42(c) of title 35, United
States Code, is amended by adding at the end thereof the
following: ‘‘All patent application fees collected under
paragraphs (1), (3)(A), (3)(B), and (4) through (8) of sec-
tion 41(a), and all other fees collected under section 41
for services or the extension of services to be provided by
patent examiners shall be used only for the pay and train-
ing of patent examiners.’’.
(e) PUBLICATIONS.—Section 11 of title 35, United
States Code, is amended by adding at the end thereof the
following:
‘‘(c) The Patent and Trademark Office shall make
available for public inspection during regular business
hours all solicitations issued by the Office for contracts
for goods or services, and all contracts for goods or serv-
ices entered into by the Office.
‘‘(d) Notice of a proposal to change United States
patent law that will be made on behalf of the United
States to a foreign country or international body shall be
published in the Federal Register before, or at the same
time as, the proposal is transmitted.’’.
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 30 days after the date of
the enactment of this Act.
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