I
104TH CONGRESS
1ST SESSION
H. R. 1659
To amend title 35, United States Code, to establish the Patent and
Trademark Office as a Government corporation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 17, 1995
Mr. MOORHEAD (for himself and Mrs. SCHROEDER) introduced the following
bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 35, United States Code, to establish the
Patent and Trademark Office as a Government corpora-
tion, 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 and Trademark
Office Corporation Act of 1995’’.
TITLE I—PATENT AND
TRADEMARK OFFICE
SEC. 101. ESTABLISHMENT OF PATENT AND TRADEMARK
OFFICE AS A CORPORATION.
Section 1 of title 35, United States Code, is amended
to read as follows:
‘‘§ 1. Establishment
‘‘(a) ESTABLISHMENT.—The Patent and Trademark
Office is established as a wholly owned Government cor-
poration subject to chapter 91 of title 31, except as other-
wise provided in this title.
‘‘(b) OFFICES.—The Patent and Trademark Office
shall maintain an office in the District of Columbia, or
the metropolitan area thereof, for the service of process
and papers and shall be deemed, for purposes of venue
in civil actions, to be a resident of the District of Colum-
bia. The Patent and Trademark Office may establish of-
fices in such other places as it considers necessary or ap-
propriate in the conduct of its business.
‘‘(c) REFERENCE.—For purposes of this title, the
Patent and Trademark Office shall also be referred to as
the ‘Office’.’’.
SEC. 102. 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 Patent and Trademark Of-
fice shall be responsible for—
‘‘(1) the granting and issuing of patents and
the registration of trademarks;
‘‘(2) conducting studies, programs, or ex-
changes of items or services regarding domestic and
international patent and trademark law or the ad-
ministration of the Office, including programs to
recognize, identify, assess, and forecast the tech-
nology of patented inventions and their utility to in-
dustry;
‘‘(3) authorizing or conducting studies and pro-
grams cooperatively with foreign patent and trade-
mark offices and international organizations, in con-
nection with the granting and issuing of patents and
the registration of trademarks; and
‘‘(4) disseminating to the public information
with respect to patents and trademarks.
‘‘(b) SPECIFIC POWERS.—The Office—
‘‘(1) shall have perpetual succession;
‘‘(2) shall adopt and use a corporate seal, which
shall be judicially noticed and with which letters pat-
ent, certificates of trademark registrations, and pa-
pers issued by the Office shall be authenticated;
‘‘(3) may sue and be sued in its corporate name
and be represented by its own attorneys in all judi-
cial and administrative proceedings;
‘‘(4) may indemnify the Commissioner of Pat-
ents and Trademarks, and other officers, attorneys,
agents, and employees (including members of the
Management Advisory Board established in section
5), of the Office for liabilities and expenses incurred
within the scope of their employment;
‘‘(5) may adopt, amend, and repeal bylaws,
rules, and regulations, governing the manner in
which its business will be conducted and the powers
granted to it by law will be exercised, without regard
to chapter 35 of title 44;
‘‘(6) 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, without regard to the provisions of the
Federal Property and Administrative Services Act of
1949;
‘‘(7)(A) may make such purchases, contracts
for the construction, maintenance, or management
and operation of facilities, and contracts for supplies
or services, after advertising, in such manner and at