I 
110TH CONGRESS 
2D SESSION 
H. R. 6362 
To amend title 35, United States Code, and the Trademark Act of 1946 
to provide that the Secretary of Commerce, in consultation with the 
Director of the United States Patent and Trademark Office, shall appoint 
administrative patent judges and administrative trademark judges, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 25, 2008 
Mr. BERMAN (for himself, Mr. COBLE, Mr. CONYERS, and Mr. SMITH of 
Texas) introduced the following bill; which was referred to the Committee 
on the Judiciary 
A BILL 
To amend title 35, United States Code, and the Trademark 
Act of 1946 to provide that the Secretary of Commerce, 
in consultation with the Director of the United States 
Patent and Trademark Office, shall appoint administra-
tive patent judges and administrative trademark judges, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Aug 31 2005 
06:59 Jun 26, 2008
Jkt 069200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6362.IH
H6362
wwoods2 on PRODPC68 with BILLS
SECTION 1. APPOINTMENT OF ADMINISTRATIVE PATENT 
JUDGES AND ADMINISTRATIVE TRADEMARK 
JUDGES. 
(a) ADMINISTRATIVE PATENT JUDGES.—Section 6 of 
title 35, United States Code, is amended— 
(1) in subsection (a)— 
(A) in the second sentence, by striking 
‘‘Deputy Commissioner’’ and inserting ‘‘Deputy 
Director’’; and 
(B) in the last sentence, by striking ‘‘Di-
rector’’ and inserting ‘‘Secretary of Commerce, 
in consultation with the Director’’; and 
(C) by adding at the end the following: 
‘‘(c) AUTHORITY
OF
THE SECRETARY.—The Sec-
retary of Commerce may, in his or her discretion, deem 
the appointment of an administrative patent judge who, 
before the date of the enactment of this subsection, held 
office pursuant to an appointment by the Director to take 
effect on the date on which the Director initially appointed 
the administrative patent judge. 
‘‘(d) DEFENSE TO CHALLENGE OF APPOINTMENT.— 
It shall be a defense to a challenge to the appointment 
of an administrative patent judge on the basis of the 
judge’s having been originally appointed by the Director 
that the administrative patent judge so appointed was act-
ing as a de facto officer.’’. 
VerDate Aug 31 2005 
06:59 Jun 26, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6362.IH
H6362
wwoods2 on PRODPC68 with BILLS
(b) ADMINISTRATIVE TRADEMARK JUDGES.—Section 
17 of the Act entitled ‘‘An Act to provide for the registra-
tion and protection of trademarks used in commerce, to 
carry out the provisions of certain international conven-
tions, and for other purposes’’, approved July 5, 1946 
(commonly referred to as the ‘‘Trademark Act of 1946’’; 
15 U.S.C. 1067), is amended— 
(1) in subsection (b)— 
(A) by inserting ‘‘Deputy Director of the 
United States Patent and Trademark Office,’’ 
after ‘‘Director,’’; and 
(B) by striking ‘‘appointed by the Direc-
tor’’ and inserting ‘‘appointed by the Secretary 
of Commerce, in consultation with the Direc-
tor’’; and 
(2) by adding at the end the following: 
‘‘(c) AUTHORITY
OF
THE SECRETARY.—The Sec-
retary of Commerce may, in his or her discretion, deem 
the appointment of an administrative trademark judge 
who, before the date of the enactment of this subsection, 
held office pursuant to an appointment by the Director 
to take effect on the date on which the Director initially 
appointed the administrative trademark judge. 
‘‘(d) DEFENSE TO CHALLENGE OF APPOINTMENT.— 
It shall be a defense to a challenge to the appointment 
VerDate Aug 31 2005 
06:59 Jun 26, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6362.IH
H6362
wwoods2 on PRODPC68 with BILLS
of an administrative trademark judge on the basis of the 
judge’s having been originally appointed by the Director 
that the administrative trademark judge so appointed was 
acting as a de facto officer.’’. 
Æ 
VerDate Aug 31 2005 
06:59 Jun 26, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H6362.IH
H6362
wwoods2 on PRODPC68 with BILLS